Let’s talk in-house labels and labeling requirements!

Pesticide registration tracking app

On April 18, EPA made enhancements to its MyPest app, which sources say was initially launched in mid-January. EPA is proud to say that MyPest already boasts over 1,200 registrants. The new app allows registrants of pesticide products to:

• Monitor the status of their registration submissions in real-time,
• Drill down to a detailed view of each application, and
• Communicate directly with EPA staff about registration packages in review.

Updates to MyPest include an enhanced dashboard page. The page offers information about the registrant’s cases and products. More updates are planned later this year.

Policy changes impacting two forms

On April 4, EPA announced in the Federal Register the issuance of Pesticide Registration (PR) Notice 2025-1. The notice itself is dated effective March 27, 2025. Its subject line reads, “Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35).”

The latest PR notice supersedes PR Notice 98-5, dated June 12, 1998. While the revisions were proposed last June, the agency only finalized them now. According to PR Notice 2025-1:

• EPA Form 8570-34 — This is the Certification with Respect to Citation of Data. Pesticide registrants use this form to indicate how they will meet their data submission/citation obligations under the law. When a registrant refers to another company’s data, the registrant must certify that:
  • It offered compensation to the original data submitter, or
  • It has the original data submitter’s permission to cite the data.
• EPA Form 8570-35 — This is the Data Matrix. Pesticide registrants use this form to indicate to whom they made offers of compensation.

The two forms — EPA Forms 8570-34 and 8570-35 — have not been modified. Only policies regarding the submission of the two forms have changed. The agency:

• Eliminated the instruction to use “paper” submissions;
• Says registrants should complete and submit the two forms electronically through the Pesticide Submission Portal;
• Eliminated the instruction that registrants submit two versions of the Data Matrix, i.e., the ‘‘Internal Agency Use Copy’’ and the ‘‘Public File Copy’’; and
• Requires that registrants submit a single Data Matrix without redactions.

EPA contends that none of the information on Form 8570-35 is confidential. Put another way, none of the information on the Data Matrix is protected from public release. Therefore, the agency claims there is no reason to submit two versions of the form.

According to EPA, entities potentially affected by the policy changes include, but are not limited to:

• Crop production,
• Animal production,
• Food manufacturing, and
• Pesticide manufacturing.

Efficiencies and transparencies gained

Using electronic reporting for EPA Forms 8570-34 and 8570-35 brings efficient data transmittal, argues EPA. A bonus is that electronic reporting will also reduce errors. That’s because of automated validation tools in the portal. Submitters should experience lower costs and faster review and transmission of data, the agency adds.

In 2024, EPA received a total of 3,309 Data Matrices. Moving from two versions to just one for the Data Matrix form should save registrants and EPA time. Specifically, completing, submitting, and processing the Data Matrix should be quicker. EPA will also experience time savings when providing the public access to the information. Extra steps under the Freedom of Information Act would not be needed.

The MyPest app update is a step forward in efficiency and transparency, concludes EPA. The app enhancements are part of the agency’s overall move toward digital and streamlined processes. EPA projects that the app will improve the timeliness of pesticide registration decisions.

Key to remember

Recent actions streamline the pesticide registration process and make it more transparent. These actions relate to the MyPest app and EPA Forms 8570-34 and 8570-35.

What is used oil?

The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:

• Motor oil and lubricants from vehicle maintenance
• Hydraulic fluids used in heavy machinery
• Metalworking fluids and coolants
• Compressor oils used in air compression systems

According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.

Used oil becomes hazardous waste if:

• It is mixed with hazardous waste (e.g., solvents or heavy metals)
• It contains more than 1,000 parts per million (ppm) of total halogens, unless proven otherwise, or
• It is disposed of improperly, leading to environmental contamination.

If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.

EPA requirements for used oil disposal

The EPA requirements for used oil consist of three different aspects, as outlined below.

1. Storage Requirements

Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.

2. Transportation and Disposal

Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.

Used oil must be:

• Recycled or re-refined into new oil.
• Burned for energy recovery in approved furnaces or boilers.
• Disposed of at an authorized hazardous waste facility if deemed hazardous.

3. Spill Prevention and Cleanup

Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.

Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.

OSHA regulations for handling used oil

While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:

1. Personal Protective Equipment (PPE)

Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.

2. Hazard communication (HazCom) program

Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.

3. Fire and Explosion Safety

Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.

State-Specific used oil disposal regulations

Many states have stricter used oil regulations than federal laws. For example:

• California classifies used oil as hazardous waste unless it meets specific recycling criteria.
• Texas requires additional storage permits for large generators.
• New York mandates annual reporting on used oil disposal activities.

To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.

Staying compliant with used oil disposal requirements

Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.

Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

Taking action to reduce exposure

There are currently three states with regulations that specifically address the air quality index (AQI) as it relates to wildfire smoke:

• California (Title 8, CCR 5141.1),
• Oregon (OAR 437-002-1081 and OAR 437-004-9791), and
• Washington (Chapter 296-820 WAC).

Absent any standard, all employers across the country have an obligation under the General Duty Clause to protect their workers from exposure to unhealthy levels of air pollutants due to wildfire smoke emissions.

Employers should take protective measures to reduce smoke exposure for outdoor workers including:

• Monitoring air quality: Make it a point to frequently check the AQI in the area(s) where their workplace is located. This can be done by visiting the EPA’s AirNow site or using air quality monitoring devices.
• Developing a wildfire smoke policy: Implement a policy that identifies how the workplace will respond to wildfire smoke events. This should include preparation and monitoring, when and how to act, and communication with employees.
• Training employees: At a minimum, train employees on the health effects of wildfire smoke, adverse symptoms associated with exposure, and ways to protect themselves. They should also clearly understand any state-specific requirements.
• Reducing, relocating or rescheduling work tasks: During times of elevated concern due to the AQI, reduce levels of physical activity, relocate employees or adjust work schedules to minimize exposure.
• Improving indoor air quality: Keep all building windows, doors, bays, and other structure openings closed whenever possible. Ensure air is filtered by a mechanical ventilation system. Company vehicles should be equipped with cabin air filters.
• Providing or allowing PPE: Allow NIOSH-approved respirators for voluntary use, unless otherwise required.
• Keeping employees informed: Establish a system of communication that informs employees of the current AQI, any reduced or rescheduled work tasks or locations, and what protective measures are available to reduce wildfire smoke exposure.

Understanding air quality index

Air quality is a complex and evolving challenge. The EPA has established an AQI for five major air pollutants regulated by the Clean Air Act. Each of these pollutants has a national air quality standard set by EPA to protect public health:

• Carbon monoxide,
• Ground-level ozone,
• Nitrogen dioxide,
• Particle pollution (i.e., PM2.5 and PM10), and
• Sulfur dioxide.

Employers must create protective measures to reduce employee exposure to these major air pollutants. When AQI values are above 100, as listed on the EPA’s AirNow.gov website, air quality is unhealthy: first for certain sensitive groups of people, then for everyone as AQI values increase.

Key to remember

Employers should have a plan to prevent employee exposure to dangerous air quality levels.

Why did the rule change?

According to the FMCSA, getting a list of violations from drivers is no longer necessary because employers already obtain an annual driving record (MVR) for each driver, and such MVRs are more complete than they used to be.

Drivers aren’t completely off the hook. When filling out an employment application, drivers must still provide a list of prior traffic convictions going back three years, per 391.21(b)(8).

Initial and annual reviews

Under the revised rules, here’s a list of what’s required for each CMV driver when it comes to their driving and violation record:

• Drivers must continue to list their traffic convictions for the prior three years on the employment application and must also list each unexpired CMV license or permit they currently hold, from any jurisdiction.
• When hiring a driver, the motor carrier must obtain MVR(s) within 30 days of hire from each licensing authority where the driver was licensed in the prior three years (including the U.S., Canada, or Mexico, as applicable). These initial MVRs must be retained for the duration of the driver’s employment plus three years.
• Annually, the motor carrier must obtain an MVR from each licensing authority where the driver held a CMV license or permit over the prior year. The carrier must review the MVR(s) to determine whether the driver remains qualified to drive under state, federal, and company standards.
• The motor carrier must document this annual MVR review and keep notes in the driver’s qualification file for three years. The notes must include the name of the reviewer and the date of the review.
• Whenever a driver who holds a commercial driver’s license (CDL) is convicted of violating a traffic control law, the driver must provide written notification to the employing motor carrier within 30 days, per 383.31(b).

Key to remember: Three years after a rule change, motor carriers are no longer required to have any annual lists of violations from their drivers in their DQ files.

The order

The executive order requires Secretary of Transportation Sean P. Duffy to rescind “English Language Proficiency Testing and Enforcement Policy MC-ECE-2016-006,” which is the current Federal Motor Carrier Safety Administration (FMCSA) guidance on English-language enforcement. The order directs Secretary Duffy to rescind the 2016 guidance and reissue new guidance to both FMCSA and enforcement personnel within 60 days of April 28.

Under the order, the new guidance for enforcement personnel will outline the new inspection procedures needed to verify compliance with 391.11(b)(2).

Once the new guidance has been issued, the order directs FMCSA to take steps to ensure that out-of-service criteria are updated to place violators of the English language proficiency requirement out of service.

Background

The Federal Motor Carrier Safety Regulations state that a driver who is unable to sufficiently read or speak English or understand signs cannot operate a commercial vehicle, but the 2016 FMCSA enforcement directive ordered inspectors not to place drivers out of service for violating the language requirements. The new April 28 order seeks to replace FMCSA’s directive to reduce the likelihood of avoidable language-related accidents on the road.

In March 2025, the president declared English as the official language of the United States.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Reducing potential liability

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

Maintaining system readiness

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

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

Training enhances safety

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

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

Proper ADAS training ensures that drivers understand:

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

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

Maximizing efficiency

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

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

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

• Property for-hire
• Passenger for-hire
• Household goods
• Broker
• Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

Rules still enforced

The Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMR) will continue to be enforced during:

• A roadside inspection. Officers will ask for specific documents and inspect both the vehicle and driver for compliance.
• An audit. Motor carriers must present mandated records and allow enforcement to examine commercial vehicles.

Violations of the FMCSRs or HMR will continue to result in citations and fines when found during a roadside inspection or audit.

State requirements

Aside from federal agencies, motor carriers must still comply with and monitor applicable state laws and regulations. They must be aware of state changes that impact their locations, including workplace safety, transportation, environmental, and employment requirements.

Risk management

Compliance doesn’t always equal safety. A motor carrier could pass a DOT audit but still be a risk. The safety regulations are minimum safeguards. Hypothetically, even if every safety regulation was repealed, a safety manager’s job would not end. Companies have a moral and legal obligation to protect employees, customers, and the public from hazards.

Key to remember: With or without new regulations, safety supervisors will typically exceed requirements through best practices, company policies, and industry norms.

Online labor law posters carry risks: Use these tips to avoid trouble

Ohio recently became the first state to allow employers to choose between displaying hard-copy labor law posters in the workplace or posting electronic versions online.

The state’s law takes effect on July 20 and may be a welcome change for companies tired of wrangling physical posters and finding a spot to hang them.

While online posting may seem like a breeze, it comes with some red flags that could haunt employers if they don’t pay attention to what’s required.

FMLA certification basics

Employers aren’t required to use certifications, but if they do, the U.S. Department of Labor (DOL) has five different certification forms to use for various FMLA leave situations.

The forms are as follows:

1. Certification of Health Care Provider for Employee's Serious Health Condition,
2. Certification of Health Care Provider for Family Member's Serious Health Condition,
3. Certification of Qualifying Exigency for Military Family Leave,
4. Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
5. Certification for Serious Injury or Illness of a Veteran for Military Family Leave.

Let’s focus on the first two, as these are the most common ones HR administrators use.

Who can fill out an FMLA certification?

The FMLA regulations describe the person who has the authority to fill out a certification as a “health care provider.” The good news is, the regulations include a lengthy list of medical professionals who fit this role.

Under the FMLA, a health care provider includes:

• A doctor of medicine or osteopathy,
• A podiatrist,
• A dentist,
• A clinical psychologist,
• An optometrist,
• A chiropractor (limited to manual manipulation of the spine as demonstrated by X-ray),
• A nurse practitioner,
• A nurse midwife,
• A clinical social worker,
• A physician assistant,
• A Christian Science practitioner, and
• Any health care provider from whom the employer or the employer's group health plan's benefits manager will accept a medical certification to substantiate a claim for benefits.

To be qualified to fill out FMLA forms, medical professionals must be authorized to practice in the state and perform within the scope of their practice. This means that the provider must be authorized to diagnose and treat physical or mental health conditions.

What about doctors in a foreign country?

If an employee or an employee's family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the employer must accept a medical certification from a health care provider who practices in that country. This includes second and third opinions.

If a medical certification from a foreign health care provider is not in English, the employee may be required to provide a written translation of the certification.

Key to remember: The FMLA regulations spell out which medical professionals can fill out certification forms.

1. Smart sensors and collision avoidance systems:

One of the most significant forklift safety advancements is using smart sensors and avoidance systems. Modern forklifts equipped with sensors, cameras, and radars can now detect structures, pedestrians, and other lifts in real-time. Like today’s vehicles, advanced systems include automatic braking, which stops the forklift before a collision occurs.

2. Telematics and real-time monitoring:

Telematics systems have revolutionized forklift compliance by providing real-time data on vehicle usage, operator behaviors, and maintenance needs. These systems can track key metrics like speed, inspection data, impact events, and seatbelt use. Telematics can also identify unsafe driving habits, allowing employers to deliver targeted training programs to improve operator behaviors.

Additionally, telematics helps employers by better preparing them to investigate forklift incidents when no witnesses or camera footage exists. It does this by providing information like where on the lift the impact occurred. The system can also lock the lift down in the spot where the incident occurred, notify supervisors, and provide the speed at which the operator was going.

3. Virtual reality (VR) simulators:

Simulators have transformed how employers can deliver training by allowing forklift operators to practice in a risk-free environment. Simulators can recreate real-world scenarios such as navigating tight spaces, managing different loads, and learning the exact controls of the lift they will operate. Additionally, e-learning platforms provide interactive training modules that ensure operators stay updated on regulations and best practices.

4. Load stability and weight sensors:

Modern forklifts with advanced weight sensors and stability control systems help prevent unsafe lifting practices. These systems provide real-time feedback to operators, alerting them if a load exceeds the forklift’s weight capacity or is improperly balanced. Modern lifts even have load leveling technology that adjusts the forks to ensure a stable and secure lift.

5. Digital checklist and compliance automation:

Technology has streamlined forklift inspections and regulatory compliance through digital checklists and automated reporting. Mobile apps and onboarding systems allow operators to complete pre-shift inspections accurately and retain the record without hanging on to paper copies. Compliance automation can also send alerts to inform the employer when an operator’s license is expiring, or when issues arise during a pre-shift inspection. This technology can even enable employers to distribute operator-assigned key cards, allowing operators to access only lifts on which they have received training and certification.

As technology continues to evolve, forklift safety will only improve. Companies that invest in these advancements put themselves in a position to reduce downtime, lower insurance costs, and improve overall productivity. So, embrace innovation; it is a step toward a safer and more productive workplace.

Key to remember: Technology can help operators prevent collisions, improve operator skills, simplify record-keeping, and keep businesses compliant.

OSHA scans its database

The agency says 370,000 locations submitted their data with the latest round. The trouble is OSHA estimates about 460,000 establishments fall under 1904.41. According to a March 20, 2025, memo that was posted only in the last couple weeks, if the agency opens an inspection of your site, its Office of Statistical Analysis will check if CY 2024 Form 300A data is missing.

Each week OSHA runs a report of open inspections and generates a list of potential non-responders within that pool. The list is shared with Area OSHA Offices. Those offices will look to see if the listed establishments fall under 1904.41 AND have not yet submitted their 300A data. For any valid match, the compliance officer involved in the case must inform the employer of its submission obligation. A citation may also be issued in accordance with a different memo dated April 16, 2024.

Note that Area OSHA Offices will NOT review the weekly list of non-responders for those inspections that are already closed.

What about Form 300 and 301 data?

OSHA is also collecting Form 300 and 301 data through the Injury Tracking Application (ITA) and 1904.41. Yet, the agency’s March 20th memo maintains that, at this time, it will not create a list of potential non-responders with respect to the Form 300 and 301 data submission requirements.

Certain Form 300 and 301 data submitted through the ITA are publicly accessible by establishment on the OSHA ITA Data webpage. OSHA has posted partial data from more than 732,000 Forms 300 and 301 for CY 2024. Still, OSHA points out that it’s taking additional steps to review the remaining data and protect worker privacy. That means more information may be available to OSHA Area Offices and the public as these data become available.

OSHA only has a six-month window

Citations may only be issued during a six-month window after March 2, each year. For example, data for CY 2024 was due by March 2, 2025. Then, OSHA officers may only issue a citation for submission failures through September 2, 2025. After that window, the statute of limitations runs out.

Who’s required to comply?

Here’s a summary of the requirements:

What if you missed the March 2nd deadline?

If you missed the deadline, submit your data electronically as soon as possible. The ITA will accept your data through the end of this CY (December 31), but don’t wait! There is no mechanism to submit or edit data for years prior to the previous year.

Key to remember

An OSHA enforcement memo, dated March 20th, reveals the agency’s push to catch e-submission violators during and shortly after inspections. OSHA officers may only issue a citation for submission failures through September 2 each year.

What are your responsibilities for teen workers?

OSHA outlines the following employer responsibilities for teen workers:

• Understand and comply with the relevant federal and state child labor laws. At the federal level, this is the Fair Labor Standards Act (FLSA), which is enforced by the Wage and Hour Division (not OSHA!) within the Department of Labor. Federal child labor laws restrict hours and types of work for children under age 18 and set minimum ages for work declared hazardous under the FLSA. States also have child labor laws, and they may be stricter than the federal ones.
• Provide training in safe work practices and hazard recognition prior to beginning work. Training must be in a language and vocabulary that teen workers can understand. It also must include how to report an injury or illness to your company, per 29 CFR 1904.35.
• Provide any required personal protective equipment (PPE) and train on its proper use and care, as well as its limitations.
• Let teens know about the chemical hazards present in their work areas, as required by 29 CFR 1910.1200.
• Ensure that equipment operated by teens is both legal and safe for them to use. Clearly label any equipment that they’re not allowed to operate. Also, it’s a good idea to post signs for work areas they are not allowed to enter.
• Make sure teens know what to do in an emergency, as well as the locations of emergency exits and headcount locations.
• Consider using a mentoring or buddy system for new teen workers. This could be an adult or an experienced teen worker who can answer questions and help the new worker learn the ins and outs of the job.
• Encourage teens to ask questions about tasks or procedures that aren’t clear or understood.
• Explain how to report unsafe conditions to a supervisor or team leader.
• Ensure you have the OSHA poster (per 29 CFR 1903.2) in a conspicuous place(s) where teen employees will see it.

Key to remember: Just like workers in other age demographics, teen workers must be trained to safely perform their assigned tasks prior to beginning work. Training should also include recognition of workplace hazards, what to do if injured or ill, and who to ask if questions or concerns arise.

What did OSHA find in the record-breaking penalty case?

Last July, two Nevada OSHA follow-up inspections on the same day found 70 alleged violations at the parts manufacturing site. All but six of them were considered serious, repeat, or willful violations. A health inspection amounted to $4,137,482 in initial penalties. The safety inspection came in at $176,593. Alleged per-instance violations included:

• 10 instances for 1910.132(d)(1)(i) — Failure to select and have affected employees use personal protective equipment (PPE) that will protect them from hazards identified in a hazard assessment.
• 6 instances for 1910.133(a)(1) — Failure to ensure affected employees use appropriate eye or face protection when exposed.
• 4 instances for 1910.133(a)(3) — Failure to ensure that affected employees use eye protection that incorporates or can be worn over prescription lenses.
• 8 instances for 1910.134(f)(2) — Failure to ensure employee fit testing prior to initial use of tight-fitting facepiece respirators and annual fit testing thereafter.
• 8 instances for 1910.134(k)(1) — Failure to ensure employees demonstrate knowledge of respirator training elements.
• 3 instances for 1910.303(b)(7)(iv) — Having damaged electrical equipment.
• 6 instances for 1910.305(g)(1)(iv)(a) — Posing a hazard by using flexible cords and cables as a substitute for fixed wiring.
• 12 instances for 1910.1200(f)(6)(ii) — Failing to provide hazardous chemical container labeling that has the required in-house label elements.
• 2 instances for Nevada Revised Statute 618.375(1) — Failure to keep a workplace free of recognized, serious hazards.

The “extra” instances amounted to over $3.6 million in penalties. Remaining “one-off” citations and penalties went to various standards. Those included injury and illness recordkeeping and reporting, general PPE, machine guarding, and electrical standards.

The manufacturer has contested all the citations in the two cases. We won’t know the final penalty amounts until the cases are settled or closed.

What is the $40K+ club?

The auto parts maker is not alone. Employers cited $40,000 or more in a single inspection since January 1, 2015, are posted on OSHA’s website. After freezing the data for a few months, the agency just updated the list. Now that list of high-penalty inspections has surpassed the 15,000 mark.

We calculate there were about 125 high-penalty cases per month on average through April 2025. That’s a span of 10 years and four months. The average is about 1,500 high-penalty cases per year.

OSHA’s total penalty amounts can and have pushed into the tens of millions of dollars for a single inspection. However, the highest initial penalty figures for a single inspection since 2015 include:

1. $4.14 million for an auto parts manufacturer in Nevada;
2. $2.89 million for an auto parts manufacturer in Ohio;
3. $2.81 million for a frozen food manufacturer in Illinois;
4. $2.52 million for an auto parts manufacturer in Alabama; and
5. $2.47 million for a sawmill in Alabama.

The majority (78 percent) of inspections on the list are under $100,000 in initial penalties. To learn more, search OSHA’s “Enforcement Cases with Initial Penalties of $40,000 or Above” tool by:

• Initial penalty amount,
• Date,
• State,
• City,
• Inspection case number, and
• Employer name.

“Initial penalty” amounts are not necessarily the final or current penalty amounts. Not all cases are final. Some cases might have even ended up with a final total penalty under $40,000. Also, some employers are listed in the tool more than once. It just depends on how many penalty cases at or over $40,000 they had.

A disclaimer on the tool explains that it is updated weekly. There’s also a short posting delay to ensure the parties are notified.

Key to remember

A recent Nevada OSHA case illustrates OSHA’s use of its instance-by-instance citation policy. The initial total penalty amount in the case is the highest we’ve seen in 10 years. OSHA tracks all cases with initial penalty amounts over $40,000 and posts them on its website.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

1. An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
2. An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
3. An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

1. An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
2. An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.

Alternative glove selection for COVID-19

Here’s a summary of glove types and the protection given to help evaluate alternatives.

Butyl gloves protect against a variety of chemicals such as peroxide, highly corrosive acids, strong bases, alcohols, aldehydes, ketones, esters and nitrocompounds. Butyl gloves also resist oxidation, ozone corrosion and abrasion, and remain flexible at low temperatures. However, they do not perform well with aliphatic and aromatic hydrocarbons and halogenated solvents.

Natural (latex) rubber gloves have good elasticity and temperature resistance, and resist abrasions well. They protect against most water solutions of acids, alkalis, salts, and ketones. Latex gloves may cause allergic reactions and may not be appropriate for all employees. Hypoallergenic gloves, glove liners, and powderless gloves are possible alternatives for employees who are allergic.

Neoprene gloves protect against hydraulic fluids, gasoline, alcohols, organic acids, and alkalis. Their chemical and wear resistance are generally better than gloves of natural rubber.

Nitrile gloves are intended for jobs requiring dexterity, and they stand up even after prolonged exposure to substances that cause other gloves to deteriorate. They offer protection when working with greases, oils, acids, caustics, and alcohols but are not recommended for use with strong oxidizing agents, aromatic solvents, ketones, and acetates.