January

Defining stationary sources under the Clean Air Act

The Clean Air Act defines a stationary source as any building, structure, facility, or installation that emits (or has the potential to emit) air pollutants. The Environmental Protection Agency (EPA) further clarifies that portable equipment becomes stationary if it remains at a single location for more than 12 consecutive months. This rule applies regardless of whether the equipment was originally designed to be mobile.

For example, a portable diesel engine used to power a rock crusher may be considered stationary if it operates at the same site for over a year. Once reclassified, the equipment may be subject to federal standards such as New Source Performance Standards (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAP).

State-level interpretations and variations

While EPA provides overarching guidance, individual states often implement their own rules and permitting frameworks. These can vary significantly depending on local air quality concerns, industrial activity, and enforcement priorities.

California’s Portable Equipment Registration Program allows certain engines and equipment to operate statewide without obtaining site-specific permits, provided they meet emission standards and are properly registered. In contrast, Texas requires a permit for rock crushers that operate at a site for more than 12 months, aligning closely with EPA’s definition of stationary sources. Maine uses a Crusher Identification Number system to track emissions from portable units and ensure compliance with state regulations.

Some states also impose thresholds based on horsepower, fuel type, or emission potential. Equipment that exceeds these thresholds may require a stationary source permit even if it's moved periodically.

Compliance challenges and enforcement risks

Misunderstanding the distinction between portable and stationary sources can lead to significant compliance issues. Operators may assume that mobility exempts equipment from permitting, only to discover that prolonged use at a single site has triggered regulatory oversight. Failure to obtain the proper permits or meet emission standards can result in fines, enforcement actions, and operational delays.

Recordkeeping is another common challenge. Regulators often require documentation showing how long equipment has been at a site, its emission characteristics, and any relocations. Without accurate records, operators may struggle to prove that their equipment qualifies as portable.

Best practices for operators

To be compliant, operators should:

• Monitor and record how long each unit remains at a location,
• Understand the emissions profile and horsepower of their equipment,
• Review both federal and state regulations before deploying portable units,
• Maintain detailed records of equipment movement and usage, and
• Consult with environmental agencies when planning long-term projects.

Proactive communication with regulators can help clarify requirements and avoid costly surprises. In some cases, applying for a general or portable permit may be the simplest way to ensure compliance.

Key to Remember: Portable equipment doesn’t stay exempt forever. If it remains at one site too long, it may be regulated as a stationary source, bringing new rules, responsibilities, and risks.

Federal Motor Carrier Safety Administration (FMCSA)

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

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

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

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

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

Pipeline and Hazardous Materials Safety Administration (PHMSA)

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

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

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

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

Environmental Protection Agency (EPA)

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

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

Equal Employment Opportunity Commission (EEOC)

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

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

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

National Labor Relations Board (NLRB)

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

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

Department of Labor (DOL)

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

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

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

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

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

U.S. Citizenship and Immigration Services (USCIS)

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

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

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

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

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

Federal contractors and government employees

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

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

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

Single-use plastics: New bans and restrictions

Several states have enacted new bans on polystyrene foam containers, plastic straws, and produce bags:

• California SB 54, as of January 1, 2025, bans expanded polystyrene (EPS) food containers unless they meet a 25 percent recycling rate. Precheckout bags must be compostable or made of recycled paper (SB 1046).
• Delaware SB 51 bans foam containers and plastic stirrers unless requested by the customer.
• Oregon SB 543 bans EPS containers and food packaging with intentionally added PFAS.
• Virginia bans food vendors from using EPS as of July 1, 2025.

Compliance tip: Audit your packaging inventory and supplier certifications. Ensure alternatives meet compostability or recyclability standards.

Extended Producer Responsibility (EPR): Expanding nationwide

EPR laws now apply in several states. These laws require companies to help pay for recycling and report packaging data:

• Maryland SB 901 allows multiple Producer Responsibility Organizations (PROs) and mandates cost-sharing for recycling.
• Washington SB 5284 targets consumer packaging with compliance deadlines starting in 2028.
• Colorado bans unregistered producers from selling covered products as of July 1, 2025.
• California's SB 54 revised draft rules released in May 2025 include new compliance dates and exemptions.

Compliance tip: Register with your state’s PRO, submit packaging data, and prepare for fee schedules. Track deadlines and exemptions closely.

Chemical recycling: Regulatory reclassification and impacts

States like Texas and Pennsylvania now classify chemical recycling as manufacturing, not waste management. This shift encourages investment but also changes permitting and emissions reporting obligations.

Compliance tip: If your facility uses or contracts chemical recycling, review air and water permits. Ensure alignment with manufacturing regulations.

Per and polyfluoroalkyl substances (PFAS): Phaseouts and hazardous waste updates

More states are banning PFAS in packaging, cookware, and more:

• Minnesota, Oregon, Rhode Island, and New Mexico have banned or phased out PFAS in consumer products.
• Illinois SB 727 aligns PFAS limits in drinking water with the Environmental Protection Agency standards.

Compliance tip: Update product Safety Data Sheets and conduct PFAS audits. Prepare for new reporting under TSCA Section 8(a)(7), including data on manufacture, use, and disposal.

Circular economy and composting: Recent mandates

States are setting zero-waste goals and requiring composting:

• Hawaii HB 750 launches a statewide recycling needs assessment.
• Maine LD 1065 requires large food waste generators to compost by 2030.

Compliance tip: Evaluate organics diversion programs and infrastructure. Consider partnerships with composting facilities.

EHS teams: What to do now

• Map your regulatory exposure: Identify which state laws apply to your operations.
• Engage with PROs: Register, report, and participate in rulemaking.
• Train staff: Ensure procurement, operations, and legal teams understand new requirements.
• Audit packaging and waste streams: Replace banned materials and optimize recycling.
• Monitor emerging legislation: Stay ahead of new bills and compliance deadlines.

Key to remember: Staying compliant in 2025 means more than avoiding fines. EHS teams must lead efforts to meet new waste laws and support sustainability goals.

Why the FMCSA issued waivers

By mid-July 2025, delays in updating motor vehicle records (MVRs) led the Federal Motor Carrier Safety Administration (FMCSA) to issue the first of three temporary waivers. These waivers gave drivers extra time to carry their medical cards while technical issues were resolved.

5 tips to make the process easier

To help carriers and CDL/CLP drivers avoid problems, here are five practical tips:

1. Plan ahead - Schedule the medical exam at least two weeks before the current certification expires. Drivers should bring any documentation the examiner might need, like sleep apnea treatment records.

2. Double-check details - Drivers should verify their last name, date of birth, licensing state, and CDL number on the exam form. Leaving a copy of the CDL with the examiner can help them resolve common errors, especially mismatches in the CDL number or name suffix (e.g., Jr., III) when compared to what's on file with the state.

3. Get a copy of the medical card - Drivers should always leave the exam with a copy of their medical card. If the examiner questions this, share the FMCSA waiver that explains why a paper certificate is still needed.

4. Check the MVR promptly - Carriers should pull the MVR within 3 to 5 days after the exam. If the new certification isn’t listed, the driver or carrier should contact the examiner to resubmit the information.

5. Contact the state for help - Carriers can work with the driver and the state CDL medical help desk to “pull” the certification data from the Registry. This method has worked well in several states.

Latest FMCSA waiver details

The current FMCSA waiver, effective October 13, 2025, through January 10, 2026, allows CDL/CLP drivers to carry a paper copy of their medical examiner’s certificate (MEC) for up to 60 days after it’s issued. The previous waiver ending October 12th, had the same 60-day allowance.

Carriers can also keep the certificate in the driver qualification (DQ) file, but it must be replaced with an updated MVR within 60 days of the exam.

Why this matters

The FMCSA issued these waivers to support drivers and carriers during the transition to electronic medical certification updates. The agency emphasized that drivers shouldn’t be penalized for wrongly showing a lapse in certification on their MVR due to process delays.

Key to remember: To prevent a lapse in medical certification, always schedule CDL medical exams early and have drivers go to the exam prepared.

Input or verify

Failure to provide all required information, including annotations, can result in violations cited under 49 CFR 395.24, which carries one point in the Compliance, Safety, Accountability (CSA) program. This regulation says ELD-using drivers must manually input:

• Annotations, when required;
• A description of the driver’s location, if prompted by the ELD when it cannot get a position fix; and
• An output file comment, when directed by an officer during a roadside inspection.

In addition, drivers must manually input or verify the following:

• Power unit number;
• Trailer number (if any); and
• Shipping document number, if applicable.

Importantly, trailer numbers must be updated as they change. Whenever a driver picks up or switches trailers, the driver must be in the habit of updating the ELD with the new trailer number(s).

Shipping document numbers

A shipping document number is meant to tie the ELD record to other paperwork for a specific shipment, so the ELD record can be verified. The shipping document number must be updated throughout the day, so the number shown on the ELD at any given time corresponds to the current load (older values are retained behind the scenes).

Only a single number or code is required for any one movement or load; there is no need to enter every number if there are multiple numbers for a single shipment.

However, a shipping document number is only required if the motor carrier uses such numbers for internal tracking and dispatching. If there is none, then the field may be left blank on the ELD or, better yet, the driver may enter a description of the load.

Annotations

Missing annotations are another common violation. Both drivers and motor carriers have responsibilities when it comes to adding comments to an ELD.

Drivers must add an annotation when they:

• Edit their log, to explain the need for the edit (such as “forgot to log off”) (see 395.30(c)(2));
• Use the “yard move” or “personal use” special driving categories, to describe the activity (such as “bobtailed to restaurant”) (see 395.28(a)(2)(ii));
• Use any special exception to (or exemption from) the hours-of-service rules, such as the “adverse driving conditions” exception, the “travel time” exception, the exemption for transporting personal property, etc. (see 395.28(c)); and
• Are prompted by the ELD to add information (see 395.30(c)).

Driver annotations are also recommended whenever a driver exceeds the normal hours-of-service limits without the use of an exception. Explaining why there’s a violation could help mitigate any penalties.

Motor carriers must add an annotation when they:

• Propose an edit to a driver’s log, to explain the need for the edit (see 395.30(d));
• Decide they cannot assign “unassigned driving time” to any particular driver, to explain why (see 395.32(c)(1)(i)); and
• Set up an “exempt” driver account, to explain why the driver is exempt from using an ELD. (Why would an exempt driver have an ELD account? So they can log in when driving, to avoid “unassigned” time.)

Comments are limited to 60 characters, but the more details that can fit into that space, the better.

Preventing violations

When it comes to missing information, the remedy is obvious: drivers (and motor carriers) must enter all required information, every time. For that to happen, drivers must know what’s expected, which means being trained on the requirements. The training should be backed by company policies that include:

• Internal log auditing practices that bring violations to light,
• Corrective actions when violations are found, and
• Penalties for drivers who are unwilling to follow the rules.

Key to remember: “Form & manner” violations are often the result of simple oversights, but they can snowball into serious compliance issues. Be sure you have controls in place to ensure drivers and administrative personnel are entering all required information into your ELD system.

Rising theft risks

In 2025, the U.S. transportation industry is grappling with an unprecedented wave of cargo theft, with losses estimated to exceed $35 billion annually. According to the American Transportation Research Institute (ATRI), motor carriers alone face daily losses of $18 million, with 74% of stolen goods never recovered. Food, beverages, and other easily resold commodities are especially attractive to cargo theft groups, but anything left unsecured can become a target.

Most cargo thefts occur during off-hours, particularly at unattended or unsecured trucking yards. Organized thieves often scout locations in advance, learning patterns and identifying weak points. When there’s no on-site security or alarm protection, they take advantage of the dark hours to target freight.

Best practices to protect your fleet

Thanksgiving is consistently one of the most high-risk weekends of the year for cargo theft, according to the American Trucking Associations and leading security councils. Many carriers close from Thursday through Sunday, leaving equipment vulnerable. To reduce exposure, implement these preventative measures before shutting down:

• Dock, butt, and block trailers when parked at terminals
• Use kingpin locks on trailers holding valuable freight
• Test alarm systems weekly to confirm they’re fully operational
• Use GPS geofencing to monitor equipment and detect unauthorized movement
• Conduct security awareness training for all drivers and staff

Don’t wait until the last minute

If your facility lacks overnight protection, consider hiring professional security services for the holiday period. Contact vendors early to check for availability. Many carriers scramble at the last moment, and alarm or guard companies may not be available. Make sure all perimeter alarms are tested and functioning before the break.

Proper lighting and sturdy fencing are strong deterrents as well. Inspect your property for damaged fencing and replace any burnt-out lights. Finally, coordinate with local law enforcement and request extra patrols during the extended weekend to maintain visibility and deterrence.

Key to remember: Prepare early so your company doesn’t become another statistic during one of the most theft-prone weekends of the year.

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!

Unsafe Driving scores

As part of the recent update, the FMCSA says it tried to address an error in the way some carriers’ “measures” are calculated in the Unsafe Driving category. In essence, the “measure” is a weighted average of unsafe driving violations per power unit. The measure is then compared to that of other companies in the carrier’s peer group to determine a final percentile score from 0–100.

Most carriers (over 99.9%) have measures below 100. The FMCSA found that “erroneous data” was leading to measures of 3,000 or more for some unlucky companies. Aside from being a concern for the limited number of directly affected carriers, the problem was skewing the percentile scores for other carriers in the same peer groups.

To address the issue, the FMCSA has removed motor carriers with “excessively high” Unsafe Driving measures of 250 or greater from the percentile ranking and has assigned them the maximum score of 100. The FMCSA says this prevents these carriers from biasing the remaining carriers in the peer-group ranking process.

As of early October, there were 34 carriers with an Unsafe Driving measure over 250. Motor carriers assigned to the same peer groups as these 34 carriers may see changes to their Unsafe Driving score as a result.

Revised ELP violations

In response to recent changes in the way the ELP standard is enforced — it is now treated as an out-of-service (OOS) condition per an FMCSA enforcement memo issued in May — the FMCSA has changed the description of the three ELP violations tracked under CSA.

The violations include those for failing the interview, failing the sign assessment, and violating the ELP standard in a border zone (which is not treated as an OOS violation). They now read as follows (each carrying 4 CSA severity points):

• 391.11B2-Q: Driver cannot satisfy the English language proficiency requirements of 391.11(b)(2) as per FMCSA Enforcement Guidance Memo MC-SEE-2025-0001. Driver failed the Interview.
• 391.11B2-Z: Border Zone— Driver cannot satisfy the English language proficiency requirements of 391.11(b)(2) as per FMCSA Enforcement Guidance Memo MC-SEE-2025-0001.
• 391.11B2S: Driver cannot satisfy the English language proficiency requirements of 391.11(b)(2) as per FMCSA Enforcement Guidance Memo MC-SEE-2025-0001. Driver failed the Highway Traffic Sign Assessment.

Those with questions about the FMCA guidance can find it online at www.fmcsa.dot.gov/newsroom/updated-internal-agency-enforcement-policy-english-language-proficiency.

38 ‘new’ violations

Finally, the recent CSA update included 38 violations added to the CSA violation tables, including:

• 3 under Driver Fitness,
• 5 under Hazardous Materials,
• 12 under Vehicle Maintenance, and
• 18 under Hours of Service.

Most of these “new” violations, however, are variations of those already tracked under CSA and were added due to changes in the software that officers use to record violations. Some vehicle- and hazmat-related violations, however, are indeed new to the list, including:

• 393.17B2LSLDMWR: Lighting— Stop Lamps— Driveaway— both missing when required (severity: 6)
• 393.45A-AHIL: Brakes— Air brake hose/tubing labeled for other than an air brake system (severity: 4)
• 393.45D-HHIL: Brakes— Hydraulic brake hose/line labeled for other than a hydraulic brake system (severity: 4)
• 393.45D-BHDB: Air Brake— Damaged by heat or broken (severity: 4)
• 393.45D-SGNCNB: Brakes— Service brakes on trailer inoperative due to service gladhand not connected (severity: 4)
• 393.70C-CDTDCE: Coupling— Full Trailer, drawbar eye cracked (severity: 3)
• 393.75A3-TALS: Tires— All others— Leaking in sidewall area on tire equipped with ATIS (severity: 8)
• 396.3A1E-PNCNB: Brakes— Electric brakes on trailer inoperative due to electrical cable unplugged (severity: 4)
• 171.2EHMGRMC: Accepting a hazardous material for transportation which is not properly classed, described, packaged, marked, labeled, and conditioned (severity: 2)
• 178.245-4: DOT51 integrity and securement (severity: 8)

Key to remember: The FMCSA has updated the CSA scoring system to account for errors in the scoring process, changes in English-language enforcement, and new violations being tracked.

New posting requirements

Here are the latest state posting additions:

• Minnesota: Employers must post information about the state’s Paid Leave law by December 1, 2025.
• Nebraska: The Nebraska Department of Labor has released a new Paid Sick Time posting was required to be posted in a conspicuous and accessible location as of October 1, 2025.
• New Jersey: Under legislation signed on September 3 by Gov. Phil Murphy, employees cannot be disciplined, fired, or penalized for refusing to participate in a meeting relating to political or religious matters as of December 2, 2025. A notice of employee rights must be posted in a conspicuous place.
• Pennsylvania: Employers with 50 or more full-time employees must display a Veterans Benefits and Services posting created by the Department of Labor and the Department of Military and Veterans Affairs by January 1, 2026.

Earlier additions

These additional posting requirements took effect earlier this year:

• Arkansas: A Veterans’ Benefits and Services posting needed to be posted by August 4.
• Michigan: The Resources for Michigan Veterans posting requirement took effect on April 2.

One subtraction

Missouri also added a new required posting earlier this year, but it has already come and gone.

The state added an Earned Paid Sick Time posting requirement in April. The law requiring the posting was rescinded at the end of August, however, and that posting is no longer required.

Posting trend

States continue to see physical workplace posters as an effective way of sharing information with workers. Employers should continue to watch for new posting requirements to emerge.

Key to remember: When state law requires a new posting to be displayed, covered employers must display it by the effective date to comply with the law.

HR investigation

Warren’s therapist told the employer that he was her patient and that they had been working on managing his anger. She suggested ways the employer could help Warren avoid letting his anger boil over again.

Years earlier, Warren had received diagnoses for major depressive disorder and anxiety, but the therapist didn’t mention any disability or other mental health issues.

The HR investigation also revealed that Warren was an avid gun owner, often talked about guns with coworkers, and handed out cards for his gunsmithing business.

Employer terminates employee

The employer talked with Warren about how he could return to work. After discussing some options, the employer said that he would need to submit “something, anything…saying that…[he] was able to return to work” and “wouldn’t harm himself or someone else.”

The employer put Warren on leave under the federal Family and Medical Leave Act (FMLA) and worked to connect him with professionals who could provide the return-to-work certification he needed. Warren didn’t provide the certification. The employer then fired him. He sued, in part, for being forced to take FMLA leave and not being accommodated under the federal Americans with Disabilities Act (ADA).

Threat of violence overrides claim

The court ruled that the FMLA “says nothing about an employer's ability to ‘force’ an employee to take such leave, and such forced leave, by itself, does not violate any right provided by the FMLA.”

The court also said that “threatening other employees disqualifies one” from protection under the ADA.

Murphy v. Forest River Inc., Northern District of Indiana, No. 1:24-CV-170, September 29, 2025.

Key to remember: Employees who violate a workplace violence policy can undermine their own protections under the FMLA and the ADA.

When harassment is not deemed to be unlawful

Employers might wonder how to deal with complaints about conduct that don’t amount to unlawful harassment. Their next steps may be unclear.  

Such complaints may be the result of personal conflicts, accidental slights, microaggressions, or minor incidents. Here are some tips on turning what might be a negative experience for one or more employees into something more positive: 

• Respond to complaints with an attitude that is welcoming, respectful, and supporting, rather than one of alarm, resistance, or aversion to complaints. Don’t sweep minor complaints under the rug. 
• Tell the person who is making the complaint that their issue is being taken seriously, and you’ll take action to stop the negative behaviors. 
• Do not look down on an employee who complained about conduct that wasn’t found to be harassing or even inappropriate. Thank them for their courage in coming forward. Try to help all parties feel that your workplace is a positive and respectful place for everyone. 
• Avoid retaliating against an employee who made a complaint. Even if the investigation felt like a waste of time, don’t use it as a reason to punish the employee who came forward with the complaint. Retaliation can be unlawful even if the behavior being investigated was found not to be.  

Key to remember: If an investigation doesn’t conclude that unlawful harassment occurred, that doesn’t mean it’s over. There’s still work for a manager to do after wrapping up an investigation, regardless of the findings.

Serious violations and penalties at the federal level

A “serious violation” relates to a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard. These violations may have a maximum penalty of $16,550. They can climb to $165,514 if they are also willful or repeat. (Note that maximums go up annually with inflation.) Still, on average most penalties never get that steep. The average federal OSHA penalty was just $3,794 in FY 2024.

State penalty statistics for serious violations

Twenty-two state-plan states run their own workplace safety and health program for the private sector, not federal OSHA. These states handle enforcement, so their approach to doling out penalties will differ. Federal OSHA prefers to see state-plan state penalties within 25 percent over or under the federal OSHA amount. That would be a range of $2,845 to $4,742 for FY 2024. Given those parameters, it turns out six states were too high in FY 2024, and 10 states were too low. Check out our table below:

Source: OSHA’s Federal Annual Monitoring Evaluation (FAME) Reports for FY 2024

Key findings for the state enforcement data

California led the pack with an average of $8,331 for each serious safety or health violation in FY 2024. This figure was followed by New Mexico’s average of $6,184. Eight states — California, New Mexico, Wyoming, Nevada, Arizona, Alaska, Iowa, and Hawaii — hit employers higher on average than federal OSHA’s $3,794. Maryland, Michigan, and Oregon were the softest for average serious penalties in FY 2024, with $897, $1,349, and $1,582, respectively. Fourteen states had averages lower than federal.

Penalty averages are on the move

Maximum penalties increase with inflation every January. It follows then that average penalties should be climbing year to year. Federal OSHA average penalties for serious violations jumped 4.66 percent in FY 2024.

Twelve states hiked average penalties more aggressively than federal. Oregon stood out with a spike of almost 162 percent. This was the case even though average penalties remained below federal OSHA figures in that state. Minnesota, Arizona, New Mexico, Alaska, Nevada, Puerto Rico, Hawaii, Indiana, Virginia, Wyoming, and Utah also jumped up faster than federal OSHA. The state of Maryland had a gentle rise with positive 0.45 percent.

Surprisingly, nine states scaled back average penalties in FY 2024. Vermont had the greatest downward shift by almost 19 percent. Iowa, Washington, South Carolina, Tennessee, California, North Carolina, Kentucky, and Michigan also rolled back average penalties.

What are state-plan states?

State plans are OSHA-approved workplace safety and health programs. They are operated by individual states or U.S. territories. States with OSHA-approved programs must adopt standards that are at least as effective as OSHA's standards. Also, they are subject to OSHA approval and monitoring. Since state standards must be “at least as effective” as the comparable federal regulations, the state standards may differ in some respects.

Any state not in the table is regulated by federal OSHA for the private sector. Their penalty amounts are factored into the federal OSHA average penalty amount in the table. Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands run an OSHA-approved state plan that covers state/local government employers only. Federal OSHA handles the private sector in those states.

Key to remember

While federal OSHA had an average penalty rate of $3,794 per serious violation in FY 2024, eight state-plan states had higher average penalty rates, and 14 state-plan states had lower ones. Also, 12 states hiked average penalties more aggressively than federal.

OSHA can cite employers for inadequate training

Your documentation may show that all employees received training, but if OSHA asks employees questions about the hazards they’re exposed to and employees can’t answer, OSHA can issue a citation for inadequate training.

Training violations are typically cited as serious violations, which currently carry a fine of $16,550 each. (Penalty amounts increase each January with inflation.) OSHA defines a serious violation as “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”

On top of the maximum amount, OSHA can cite instance by instance. If the employer failed to train 10 employees, OSHA can multiply the dollar figure by 10 to get a total $1,655,000 penalty amount for just one training violation. Things can escalate even higher if the citation is considered not just serious but willful or repeat.

Training must cover the hazards employees are exposed to

Think about what hazards your employees are exposed to during normal operations or in foreseeable emergencies — that’s where training comes in:

• Conduct a workplace walkthrough to observe job tasks and identify hazards to determine what training is needed.
• Look (and listen!) for hazards such as excessive noise, moving machinery parts, and chemicals.
• Use our at-a-glance tables of general industry and construction training requirements to see what’s applicable to your workplace; then review the regulation to see what elements must be covered in training.

Note that when there’s the potential for a recognized, serious hazard such as extreme heat, heavy lifting, or workplace violence, but no OSHA standard, OSHA can cite the employer under the General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act). In that case, you may be able to abate the hazard by training employees in hazard recognition and how to protect themselves.

Training must include workplace-specific information

Any manner of conducting training is acceptable, including classroom instruction, online modules, videos, and virtual or augmented reality, but trainees also must receive workplace-specific information. For example, if you provide Hazard Communication (HazCom) training for employees exposed to hazardous chemicals, a video will likely cover the basics, such as an explanation of the HazCom standard and how to read labels and safety data sheets (SDSs). However, employees also must understand how HazCom applies to their workplace, including what chemical hazards they’re exposed to, how to protect themselves from those hazards, the details of your written HazCom program, and how to access SDSs in their work areas.

Training must be understandable to all employees

Employees may have language and/or literacy issues. OSHA states in a training publication, “If an employee does not speak or comprehend English, instruction must be provided in a language that the employee can understand. Similarly, if the employee’s vocabulary is limited or there is evidence of low literacy among participants, the training must account for this limitation. Remember that workers may be fluent in a language other than English, or they may have low literacy in both English and their primary language. Training needs to be adjusted to accommodate all the factors that are present.”

Another key to comprehension and effective training is ensuring employees have the opportunity to ask questions and receive answers when they don’t understand the material. Not all OSHA standards specify that an instructor be present or that a person be available to answer questions immediately. However, employers should review the applicable standard to determine what’s required. A telephone hotline may suffice since employees can get immediate answers with no waiting.

A quiz or test is a great way to see if employees understand what they’ve learned, though it’s not an OSHA requirement. Offering hands-on exercises is another way employees can practice what they’ve learned in a safe space where the instructor can observe them to ensure they grasped the training. Also, watch employees in action on the job to see if they’re putting training to use — it’s another way to gauge effectiveness of training.

Refresher training and retraining keeps safety top of mind

Training employees once and assuming years later they still understand what they’ve learned is a risky assumption. It’s wise to set up a system for periodic refresher training, even if not required. Note that many OSHA standards will require refresher training and give a frequency. Others may specify that retraining is needed when something in the workplace changes, such as operations, processes, or hazards. Regardless, if you notice employees are failing to follow their training or they have a near miss or incident, that’s an important time to revisit the training elements.

Key to remember: Effective safety training includes workplace-specific information that’s understandable to all employees.

Mounting

Depending on the type and size, portable fire extinguishers should be mounted on brackets or in wall cabinets to prevent them from being moved or damaged. Those with a gross weight of 40 pounds or less should be mounted with their carrying handles no higher than 5 feet from the floor. Any fire extinguishers over 40 pounds need to be mounted with their carrying handles no more than 3 ½ feet from the floor. All portable fire extinguishers need to have at least 4 inches of clearance between their bottoms and the floor.

Locating

You can usually find portable fire extinguishers in offices, hallways, storage areas, meeting rooms, kitchens, mechanical/electrical rooms, and near exit doors. The fire extinguisher must be positioned based on the potential type and size of fire that can occur.

• Class A (combustible material fire) – OSHA requires access to an extinguisher within 75 feet of travel distance. NFPA recommends one extinguisher for every 3,000 square feet.
• Class B (flammable liquid fire) – OSHA requires access within 50 feet. NFPA identifies different sizes of extinguishers and variable spacing depending on the hazards present. This varies from low hazard requiring a 5-B extinguisher every 30 feet to a high hazard requiring an 80-B extinguisher every 50 feet.
• Class C (electronic equipment fire) – extinguisher size and spacing is based on its Class A or B hazard.
• Class D (combustible metal fire) – OSHA requires access within 75 feet from the hazard.
• Class K (cooking media fire) – OSHA requires access within 30 feet from the hazard.

Identifying

While not specified in the OSHA standard, NFPA does mention that in areas where fire extinguishers aren’t visible due to obstructions, signs or other means must be provided to indicate the extinguisher location. It is seen as a best practice, especially when extinguishers are stored in a cabinet, to mount a sign near the extinguisher to identify its location.

By looking further into the regulations and NFPA guidance, employers can assure that extinguishers are available in a way that is compliant with OSHA requirements, are available if a fire occurs and those extinguishers are needed immediately.

Understanding the risk

Employers, supervisors, and workers should understand lightning risk and precautions to minimize hazards. Lightning is highly unpredictable and can even strike outside the heaviest rainfall areas, up to 10 miles from any rainfall.

While OSHA does not have a specific lightning standard, employers are required under the General Duty Clause (Section 5(a)(1)) to provide a workplace free from recognized hazards likely to cause death or serious harm. Lightning clearly qualifies.

Best practices

A proactive lightning safety plan can be a lifesaver. Consider adding the following to any safety plan:

• Check weather alerts and reports - Before beginning any work outdoors, employers or supervisors should always check weather reports and plan accordingly. Most weather apps are now programmed to send weather and lightning alerts, making it much easier to stay up to date.
• Seek shelter in buildings - When hearing thunder or lightning, employers and supervisors should know and tell workers which buildings to go to after an alert. Seek out fully enclosed buildings and remain in the shelter for at least 30 minutes after hearing the last sound or thunder. Employers should guide workers to hard-topped metal vehicles with rolled-up windows if safe building structures are inaccessible.
• Emergency action plan - Employers should have a written Emergency Action Plan (EAP), as outlined in 29 CFR 1910.38 or 29 CFR 1926.35. The EAP should include a written lightning safety protocol for outdoor workers and should:
  • Inform supervisors of actions and expectations when receiving an alert.
  • Explain how workers will be notified.
  • Identify locations and requirements for shelter in place.
  • Determine a plan for when outdoor work should be suspended or resumed.
  • Account for the amount of time required to evacuate customers or visitors.
  • Post this information at all outdoor work-sites.
• Lightning safety training - Training should be provided for each outdoor worksite so that supervisors and workers know in advance where the worksite’s safe shelters are and how long it takes to reach them. Employers should train supervisors and workers to provide lightning safety warnings in sufficient time for everyone to reach a worksite’s safe shelters and take other appropriate precautions.
• Lightning warning systems - Any emergency action plan should include lightning warning or detection systems, which can provide warning. However, no system can detect the first strike, all lightning strikes, or predict future strikes. Because of this, lightning warning systems should not be a replacement for weather alerts or apps but should be used as an additional tool.

If caught in a thunderstorm

If you find yourself caught outside during a thunderstorm, there may be nothing you can do to prevent being struck by lightning. There is no safe place outside in a thunderstorm. Because of this, it is critical to get to a safe place at the first sight of a thunderstorm. If you are stuck outside, follow these recommendations to prevent being struck:

• Lightning is most likely to strike the tallest object, so you should go to a place where you would not be the tallest. However, you must avoid isolated tall trees, utility poles, and large equipment. Instead, retreat to dense areas of smaller trees surrounded by taller trees or low-lying areas such as valleys or ditches.
• Avoid water and bodies of water. Most people assume water attracts lightning, but it is an excellent conductor of electricity.
• Do not shelter in sheds, pavilions, or covered porches.

Keys to remember: Incorporate a lightning safety policy into your written safety program, assign responsibilities, and rehearse responses like any other emergency plan.

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.

Bottles vs. other eyewashes for emergency equipment

The OSHA standard does not provide a great deal of detail on eyewashes for employers. However, where the regulation is silent, OSHA refers employers to the American National Standards Institute (ANSI) standard Z358.1-2009, “Emergency Eyewash and Shower Equipment,” regarding installation, operation, and maintenance of emergency eyewashes. This includes capacity and flushing requirements. The ANSI standard states that an eyewash must deliver 0.4 gallons of flushing fluid per minute for at least 15 minutes.

As such, ANSI says that an eyewash bottle does not meet these criteria; therefore, it can only be used to support eyewashes that do (i.e., plumbed and self-contained units), but cannot replace them.

Capacity of eyewash bottles

The reason for this limitation is that eyewash bottles simply cannot provide the required 15 minutes of flushing. Eyewash bottles typically hold less than a gallon of water, which would supply the user with flushing fluid for approximately 1 minute. Even larger self-contained units (those with bladders) that have a capacity of 5 to 10 gallons would only provide maximum use of about 5 minutes.

In other words, eyewash bottles don’t provide an adequate amount of flushing fluid and cannot be considered a primary means of protection.

Limitations of using eyewash bottles

For this reason, OSHA warns that the use of eyewash bottles should be limited. In a 1986 memorandum to Regional Administrators, the agency states, “In general, squeeze bottles should not be used except where the hazard severity or distance from plumbed eyewash equipment requires personal equipment at work stations for immediate flushing prior to prolonged flushing at a plumbed or self-contained unit.”

In other words, employers can provide eyewash bottles in instances where plumbed or self-contained units can’t reasonably be provided (e.g., an outside yard) in the immediate work area, but only until they can reach a unit which can provide the amount of flushing fluid necessary to flush the eyes for at least 15 minutes.

OSHA expects the employer to determine the level of the potential risk to employees and provide eyewash (and/or shower) protection accordingly. The severity of the hazard(s) involved is a critical consideration when making this determination. In the past, OSHA has said that 1910.151(c) is meant to cover strong acids and alkalis, and the requirement to provide suitable facilities for quick drenching or flushing depends on the exposure and the strength of the hazardous chemical. Chemicals and materials such as household detergents or cleaners, sawdust, metal filings, etc. would not require emergency eyewash (or shower) under the standard.

OSHA enforcement on eyewashes

If an employer determines that an eyewash is needed, then it must meet the provisions set forth in the American National Standards Institute (ANSI) standard Z358.1. The agency uses the ANSI standard as an enforcement tool. This is clarified in a November 1, 2002, Letter of Interpretation, which says, “If OSHA inspects a workplace and finds unsuitable facilities for quick drenching or flushing of the eyes and body, a citation under 29 CFR 1910.151(c) would be issued. When determining whether the eyewash or shower facilities are suitable given the circumstances of a particular worksite, OSHA may refer to the most recent consensus standard regarding eyewash or shower equipment…”

Without the ANSI standard, employers would find it difficult to demonstrate to OSHA exactly how their eyewash and shower units were suitable exclusive to the regulatory language under 1910.151(c) since it’s limited and vague.

Key to remember

Eyewash bottles don’t meet the requirement under 1910.151(c) to provide “suitable” facilities for quick drenching or flushing of the eyes. They cannot be the only eyewash provided in the workplace.