Machine guarding and LOTO: When standards collide!

Emission inventories: often counted together

Emission inventories help regulatory agencies track actual emissions from facilities over time. These records support air quality models, guide policy, and help protect public health.

In many cases, HAPs that are also VOCs (like toluene or xylene) are included in the total VOC count. For example, the Environmental Protection Agency (EPA) includes HAP-VOCs in its National Emissions Inventory, which supports regional air quality models, like the Community Multiscale Air Quality (CMAQ) system.

Frequently Asked Question: What's the National Emissions Inventory?

As an example, the Texas Commission on Environmental Quality recommends using conservative “first-cut” estimates for both VOCs and HAPs. This makes early reporting easier and helps avoid underestimating emissions.

Potential to emit (PTE): counted separately

PTE calculations are used to determine a facility’s regulatory status, such as whether it qualifies as a major source under the New Source Review (NSR) or Title V programs or is subject to Maximum Achievable Control Technology (MACT) standards.

In this context, HAPs and VOCs are counted separately because they're subject to different thresholds, including:

• 10 tons per year (TPY) for a single HAP or 25 TPY for total HAPs; and
• Typically 100 TPY for major source classification under NSR, though this can vary by attainment status.

This separation is critical. A facility might exceed the HAP threshold and trigger MACT requirements, even if its VOC emissions are below NSR thresholds — or vice versa. As an example, if a paint booth has the potential to emit 500 pounds of toluene, this is counted as 500 pounds of HAP and 500 pounds of VOC. Even though that seems like double-counting for the same emission, it's important to include both totals separately.

State-by-state variability

While federal rules provide a baseline, states often have their own interpretations and requirements:

• Ohio offers detailed guidance on calculating VOC and HAP emissions separately for permitting purposes. Facilities must demonstrate compliance with both sets of thresholds.
• Texas uses a tiered approach. Facilities begin with conservative estimates and refine them only if emissions approach regulatory thresholds.
• California maintains stricter standards and often requires separate reporting for toxic air contaminants (TACs), which include many HAPs. The state’s Air Toxics Hot Spots Program adds another layer of complexity.

Why the distinction matters

Failing to understand how HAPs and VOCs are counted can lead to serious compliance issues:

• Permitting errors: Misclassification can result in incorrect permit applications or missed regulatory obligations.
• Underreporting risks: Facilities may inadvertently underreport emissions if they assume HAPs are always included in VOC totals.
• Modeling impacts: While combined inventories help with regional modeling, they may obscure the risks posed by individual pollutants.

Recommendations for facilities

To stay compliant and avoid costly mistakes, implement the following:

• Check state guidance: Requirements vary widely. Always consult your state environmental agency.

• Use Safety Data Sheet data: Identify both VOC and HAP content in raw materials.
• Maintain separate records: Keep VOC and HAP data distinct, especially for PTE calculations.
• Consult experts: When in doubt, seek help from J. J. Keller & Associates, Inc. subject matter experts using the Expert Help feature.

Key to Remember: The way HAPs and VOCs are counted depends heavily on context. Understanding these distinctions — and how they vary by state — is key to maintaining compliance and protecting air quality.

An overview of roles

The Environmental Protection Agency (EPA) requires all owners and operators of UST systems to designate:

• One Class A operator and one Class B operator for each UST or groups of USTs, and
• Each qualifying person at the facility as a Class C operator.

Class A operators are responsible for operating and maintaining USTs in line with the regulations. A Class A operator generally manages the resources and personnel involved to ensure UST operations comply.

A successfully trained Class A operator:

• Makes informed decisions about compliance; and
• Determines whether the facility complies with operation, maintenance, and recordkeeping requirements.

Class B operators handle the day-to-day responsibilities for managing USTs (like conducting in-field operations).

A Class B operator with sufficient training implements applicable regulatory requirements in the field on typical UST system components or site-specific equipment.

Class C operators provide immediate responses to UST-related problems.

An adequately trained Class C operator takes the necessary response actions to emergencies or alarms caused by UST spills and releases.

Basic training requirements

EPA outlines the minimum training requirements for each operator type at 40 CFR Part 280 Subpart J. All classes of operators must be trained or pass a comparable examination. Class C operators have the additional option to receive training from a Class A or B operator at the facility.

A facility can designate an individual for multiple operator classes. Any person with multiple designations must complete the required training or comparable examination for all applicable classes.

Class A and Class B operators must be trained within 30 days of beginning UST duties. Class C operators have to be trained before starting their UST responsibilities.

Class A operators should understand the purpose, methods, and functions of:

• Spill and overfill prevention;
• Release detection;
• Corrosion protection;
• Emergency response;
• Product and equipment compatibility and demonstration;
• Financial responsibility;
• Notification and storage tank registration;
• Temporary and permanent closure;
• Related reporting, recordkeeping, testing, and inspections;
• Environmental and regulatory consequences of releases; and
• Training requirements for Class B and Class C operators.

Class B operators may be trained in either:

• General requirements for all compliance rules and the equipment commonly used at UST facilities, or
• Site-specific requirements that only cover the regulations and equipment applicable to the facility.

Additionally, Class B operators need to know the purpose, methods, and functions of:

• Operation and maintenance;
• Spill and overfill prevention;
• Release detection and related reporting;
• Corrosion protection;
• Emergency response;
• Product and equipment compatibility and demonstration;
• Reporting, recordkeeping, testing, and inspections;
• Environmental and regulatory consequences of releases; and
• Training requirements for Class C operators.

Class C operators must know how to respond with the correct actions to emergencies or alarms that are caused by spills or releases from UST operations, including notifying the authorities.

Common training questions

Consider these FAQs to help ensure your UST operator training programs comply.

How are operators evaluated?

Facilities must evaluate each operator via testing, a practical demonstration, or another approved approach.

When is retraining required?

If a UST system is found to be noncompliant, Class A and Class B operators at the facility must complete a training program or comparable examination that at least covers the areas out of compliance (unless exempt per 280.244).

Retraining should be completed within 30 days of the noncompliance determination. The training program or examination has to be developed or administered by a third party (i.e., an independent organization, the implementing agency, or a recognized authority).

How is training tracked?

Facilities are required to keep paper or electronic records that verify training and retraining for as long as the operators are designated. The records should contain at a minimum the information at 280.245(b).

What about state requirements?

It’s essential to check state UST regulations where your facilities operate. EPA has approved most states to implement the UST program. State requirements are at least as stringent as federal standards, and many state programs impose stricter rules.

Usually, operator training is obtained from third-party organizations that must be registered and approved by state environmental agencies to ensure the programs comply with federal and state requirements.

Key to remember: Training requirements for underground storage tank operators are based on their designated class: A, B, or C.

What are PFAS?

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

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

Current state PFAS actions

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

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

Many states also have proposed PFAS rules under consideration.

Stay alert to state PFAS actions

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

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

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

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

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

The requirement

Under 49 CFR 396.17, every CMV — including trucks, tractors, and trailers of any size — must undergo a comprehensive inspection at least once every 12 months. This is tied to the “commercial motor vehicle” definition in 49 CFR 390.5T, which includes vehicles or vehicle combinations over 10,000 pounds and operating in interstate commerce, even if a commercial driver’s license is not required.

The inspection must cover all components listed in Appendix A to Part 396, and proof of passing the inspection must be carried on or with the vehicle at all times.

Acceptable documentation

How does a driver prove the vehicle(s) passed the inspection? There are two ways:

1. Carry a copy of the full inspection report described in 396.21; or
2. Point to a sticker or decal on the vehicle, showing:
   1. The date of inspection (not the due date);
   2. The name and address where the full inspection report is located (so an inspector knows where to find it);
   3. A unique vehicle ID (VIN, plate number, fleet number, etc.), unless the vehicle is clearly marked with a unique ID (cross-referenced on the long inspection form); and
   4. A certification that the vehicle passed inspection under 396.17.

The sticker may be located anywhere, as long as the driver knows where it is and it’s not overly difficult for the inspector to find it.

Violations typically occur due to:

• Missing, obscured, or expired inspection documentation on the vehicle;
• Failure to inspect trailers, converter dollies, or other vehicles that form part of a CMV;
• Misunderstanding the required inspection interval (or simply forgetting to do the inspection on time); or
• Assuming that some other type of inspection qualifies.

During an audit, if the investigator finds that 10 percent or more of your fleet’s annual inspections were not done as required, it’s considered a “critical” violation that could harm your safety rating. In addition, a J. J. Keller analysis found that the average fine that motor carriers paid for this violation was $5,713 (over the period from 2021-2024).

Liability is another key concern. A crash involving a CMV that wasn’t inspected in the past year could call your safety practices into question and result in a sizable verdict in the plaintiff’s favor.

How to stay compliant

Motor carriers must take proactive steps to avoid these costly violations: • Ensure annual inspections are performed on time. Schedule inspections before the 365-day mark from the last inspection.

• Inspect all vehicles. From lightweight one-axle pieces of equipment to flatbeds, shuttle buses, dry vans, and Class 8 tractors, be sure to include all vehicles in the inspection program, not just power units.
• Use qualified inspectors. Inspectors must meet the qualifications outlined in 396.19 — even if they work for a third party — and you must be prepared to provide proof of those qualifications to an auditor. An individual may be qualified by having at least one year of experience, but you need to be sure it’s documented.
• Maintain proper documentation. Ensure drivers know where the sticker or report for each vehicle is located and that it’s legible and current. Also be sure to keep inspection reports for 14 months.
• Ensure your state inspection program is “equivalent.” If your vehicles are inspected annually under a state-mandated program, make sure the program is on the federal list of inspection programs that are considered “equivalent” to the inspection required under 396.17. If not, you’ll need to do another inspection before operating across state lines.
• Audit your fleet regularly. Conduct internal audits to verify inspection dates and documentation. Identify and correct gaps in your compliance program.
• Train drivers and maintenance staff. Educate drivers on the importance of carrying proof of inspection, and on the importance of checking for that proof during their pre-trip inspections. Train maintenance personnel on inspection standards and documentation requirements.

With violations climbing, motor carriers must treat 396.17 compliance as a top priority. The cost of noncompliance isn’t just financial — it can lead to out-of-service orders, fines, failed audits, liability, and reputational damage.

Key to remember: Stay ahead of the curve when it comes to annual inspections. Review your inspection protocols and ensure every vehicle in your fleet is documented, inspected, and compliant.

Why is reducing waste so urgent?

Even though the pandemic ended a few years ago, there are still too many trucks on the road and costs are higher than ever.

Four focus areas

Since carriers can’t raise prices easily, they must save money and work more efficiently. These four key areas are a great starting point on which to focus cost reduction actions:

1. Fuel efficiency

Fuel is one of the biggest costs for trucking companies. When business is good, fuel savings are less concerning for many carriers. But in tough times, saving fuel is one of the easiest ways to cut costs.

Reduce fuel use by:

• Making sure drivers turn off the engine when parked.
• Using engine data to track how long trucks are idling and coach drivers as needed.
• Giving bonuses to drivers who meet fuel-efficiency goals.
• Activating the automatic engine shut-off feature.
• Installing systems that heat or cool the cab without running the engine.

Fuel savings example:

If a semi-truck idles 10 hours less each month, it saves about 8 gallons of fuel. At $3.71 per gallon, the current United States average cost per gallon of diesel, that’s a savings of $29.68 per truck per month.

For a fleet of 100 trucks, a carrier would save $2,968 per month or $35,616 savings per year.

Fuel savings add up quickly when an entire driver group can reduce their fuel cost per mile.

2. Accident and injury costs (Insurance)

The best way to keep drivers safe and lower insurance costs is to use dash cam video combined with coaching. The use of triggered video clips help spot unsafe driving early and fix it before it causes crashes or violations.

Companies without best-in-class safety programs may face more excessive lawsuits, higher insurance bills, or even be shut down. Just following the rules isn’t enough—carriers need to actively coach and train drivers to stay safe and legal.

3. Maintenance and repair expenses

Drivers must check their trucks every day before driving. This helps catch problems early and avoid expensive repairs on the road.

Best practices include:

• Training drivers to check tire pressure and tread condition daily.
• Using electronic Driver Vehicle Inspection Reports (e-DVIR).
• Replacing parts before they break using artificial intelligence analysis or regular checks.

Timely maintenance and repairs done in a company shop matter because fixing a truck on the road can cost up to four times more.

4. Asset productivity

Many companies use GPS tracking to see where their trucks and trailers are and whether they’re in use. This helps spot trucks and trailers that sit too long at a customer or other locations.

If carriers don’t track their trucks and trailing assets, they tend to have too many, which is very costly. Tracking assets makes waste more visible and creates a call to action to reduce assets or get them back into productive service.

Key to remember: To survive the ongoing freight and rate slowdown, trucking companies must focus on cutting costs in these four areas to start.

‘State and local laws’

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

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

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

Not all 392.2 violations are used in CSA

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

Most common 392.2 violations

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

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

Key to remember

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

Key changes

Updates to classifications and exceptions include:

• The term "metal powders" now aligns with the UN classification.
• List of Category A pathogens now include monkey pox virus as Category A when in culture form only. The World Health Organization now references monkey pox virus as "mpox".
• Exception for COVID-19 vaccines has been expanded to cover all pharmaceutical products packed in a form ready to be administered. This also applies to those items in clinical trials.

New entries to the List of Dangerous Goods include:

• UN0514, Fire suppressant dispersing devices, Division 1.4S.
• UN3559, Fire suppressant dispersing devices, Class 9.
• UN3554, Gallium contained in manufactured articles.
• UN355, Sodium ion batteries.
• UN3552, Sodium ion batteries contained in equipment.
• UN3552, Sodium ion batteries packed in equipment.
• UN3556, Vehicle, lithium ion battery powered,
• UN3557, Vehicle, lithium metal battery powered.
• UN3558, Vehicle, sodium ion battery powered.

Changes and additions to special provisions include:

• A40: Expands the application of liquid desensitized explosives in Class 3.
• A69: Includes reference to gallium.
• A144: Clarifies the appropriate aircraft limitation is "passenger and cargo aircraft" when the special provision is applied.
• A228: Added to clarify the classification differences between sodium ion cells and batteries with an organic electrolyte and those batteries with an aqueous alkali electrolyte.
• A232: Added to distinguish between the classification of fire suppressant dispersing devices between Division 1.4S and Class 9.

Packing instructions with changes include:

• 5.2.0.8: Amended to enhance the protection of valves on cylinders and closed cryogenic receptacles, including references to design standards for shrouds, permanent protective attachments, and valves for non-refillable cylinders.
• PI 961: Now includes UN 3559, Fire suppressant dispersing devices, ensuring they are packed safely for transport.

Finally, Appendix A includes several changes to the defined terms in the Glossary, ensuring clarity and up-to-date terminology.

The updates listed above are not the only changes to the 2025 IATA DGR. However, they do show IATA's commitment to enhancing safety and efficiency in the transport of dangerous goods. Staying informed and compliant with these regulations will ensure smooth and secure operations in 2025.

Key to remember: If you are shipping dangerous goods by air, make sure you are using the appropriate IATA DGR, so you can stay in compliance with changing requirements.

Positive dilute

If a test result is positive but dilute, you’ll need to treat it the same as a positive test result. You must:

• Not order another test;
• Notify the driver;
• Remove the driver from safety-sensitive functions;
• Give the driver a list of substance abuse professionals (SAPs) from whom the driver can seek treatment;
• Not use the driver again until the driver completes treatment and passes a return-to-duty test; and
• Retain the test results for five years.

The MRO will report the test result to the Drug & Alcohol Clearinghouse, the same as any other positive test.

Negative dilute

For results that are negative but dilute, your actions will depend on the creatinine level (creatinine is a waste product found in urine), as follows:

2 to 5 mg/dL — The MRO will contact you to request an immediate re-collection under direct observation.

• If the driver refuses this test, it’s treated the same as any refusal (which means following the steps above for a positive test, including reporting to the Clearinghouse).
• If the driver goes for this follow-up test, the result becomes the official result of record.
• If the result comes back as negative dilute again, the test is declared negative.

Over 5 mg/dL — No retest required. However, you can have a company policy requiring a retest, as long as you communicate it to drivers and enforce it uniformly. If you do retests in this situation, be aware that:

• The test cannot be under direct observation;
• A refusal of the test is treated the same as any other refusal;
• If the result is once again negative dilute with a creatinine level over 5 mg/dL, you cannot retest the driver (i.e., no third test) and it’s deemed a negative result.
• If the result is negative dilute with a creatinine level of 2 to 5 mg/dL, the MRO will demand yet another test immediately under direct observation.

A positive, adulterated, or substituted test result on any retest becomes the result of record, and all the consequences of a drug testing violation apply.

Key to Remember: If a driver’s drug test result comes back as dilute, be sure you know what to do next.

Smallest increment of time

While the U.S. Department of Labor’s Wage and Hour Division has not chimed in directly on whether the FMLA allows this, it didn’t say, in a 2018 opinion letter, that it was prohibited.

In the letter, a health care provider certified an employee’s 15-minute rest breaks as required every hour and were thus covered under the FMLA.

Employers must track FMLA leave using an increment no greater than the shortest time period they use to account for the use of other forms of leave. This is true as long as:

• It’s not greater than one hour, and
• Employers don’t reduce an employee's allotted FMLA leave by more than the amount of leave actually taken.

In other words, employers may not require employees to take more leave than they need to deal with the reasons they took leave in the first place. Employers must count FMLA leave using the shortest increment of leave they use to account for any other type of leave.

Court chimes in

At least one earlier court case saw things differently from the 2018 opinion letter.

To ensure adequate coverage, employees at a company had to take their two 15-minute breaks and one one-hour lunch break at different, staggered intervals.

Sheletha struggled with attendance. Subsequently, she started taking FMLA leave to care for her mother, and the leave was predicted to affect her arrival and departure times. Despite taking FMLA leave in full days, when she was late, she said it was due to the care she was providing.

After being fired, in part for poor attendance, Sheletha sued, arguing that her tardies should have been protected by the FMLA, as she spent the time talking to her mother. The company argued that the FMLA does not entitle employees to take breaks for as long as they choose. It also said that Sheletha had no evidence that she spent the time talking to her mother.

The court leaned on another ruling that said that FMLA leave should constitute time away from a place of work, not merely periodic time away from a desk throughout the day.

Grant v. JPMorgan Chase Bank, N.A., Southern District of Texas, No. H-11-500, November 28, 2012.

In short, employees might be entitled to take FMLA leave as 15-minute breaks. The certification should, however, support this.

To pay or not?

Then there’s the question of pay. Would employers have to pay Emma for additional breaks in our opening scenario? No.

Under the federal Fair Labor Standards Act, rest breaks lasting up to 20 minutes are ordinarily paid. Sometimes, however, short rest breaks that primarily benefit the employee (like Emma) don’t need to be paid.

Employees aren’t entitled to pay for frequent accommodation breaks (that is, breaks to accommodate the employees’ FMLA reasons) that mainly benefit employees.

Key to remember: Tread carefully. Courts might differ on whether employees may take FMLA leave as longer work breaks. Additional breaks, however, don’t have to be paid.

Tainted history

Marijuana rescheduling was proposed by the Department of Justice in May 2024. The proposal looked at moving marijuana from Schedule I to Schedule III of the Controlled Substances Act, placing marijuana in the same classification as prescription drugs.

Hearings on the proposal were scheduled to begin in December 2024 and then early 2025. They have been stayed since January 13, 2025, when Judge John J. Mulrooney granted a pending appeal from proponents of marijuana rescheduling.

They alleged that the proceedings had been tainted because of improper communications by the Drug Enforcement Administration (DEA) with those who had a stake in the case.

Marijuana not a priority

With the appeal pending, Mulrooney oversaw some procedural motions, but no new hearing dates were set.

When Mulrooney, the DEA’s chief administrative law judge, retired on August 1, he pointed out that the Controlled Substances Act requires an administrative law judge to preside over DEA administrative enforcement hearing proceedings. Until a judge is appointed, all matters filed in the case are forwarded to DEA Administrator Terrence C. Cole.

Cole was sworn in as administrator on July 23, but did not mention marijuana rescheduling in a news release listing his priorities.

Workplace considerations

While the issue remains unsettled, employers should:

Be prepared to update their drug and alcohol policy if marijuana reclassification makes a comeback. If it is reclassified to a lower drug schedule, it may need to be treated as a prescription drug.

Continue to follow state laws. Each state law is a little different, but a law may restrict drug testing, protect off-duty use, or prohibit discrimination against individuals who use marijuana. Employers should understand a law’s restrictions.

Consider accommodation requests for medical marijuana patients. Even if off-duty medical marijuana use is not an option, other accommodations for the employee’s underlying medical condition should be considered.

Key to remember: The federal rescheduling of marijuana has stalled, but employers still need to follow state marijuana laws and should be prepared for the issue to resurface.

The intent of the standard

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

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

License and certification Q&A

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

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

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

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

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

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

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

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

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

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

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

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

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

Operator Impairments

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

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

Keys to Remember

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

Background on this federal workplace violence proposed rule

OSHA recognizes the seriousness of the issues of violence in health care, as the agency states in the rule, “Workplace violence against employees providing healthcare and social assistance services is a serious and longstanding concern.”

Data from the U.S. Bureau of Labor Statistics reports that health care and social assistance experienced the highest counts and annualized incidence rates for workplace violence of any private industry sector over the two-year period from 2021-2022. There were 41,960 total nonfatal cases of workplace violence requiring days away from work, job restriction, or transfer in the health care and social assistance industry over this time, accounting for 72.8 percent of all cases in private industry over the two-year period.

OSHA issued “Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers” in 1996 and updated the guidelines in 2004 and 2016. OSHA has also used the general duty clause (Section 5(a)(1) of the Occupational Safety and Health Act) in enforcement cases addressing workplace violence in health care.

OSHA published a Request for Information on December 7, 2016, seeking information about the extent and nature of workplace violence in the industry and the nature and effectiveness of interventions and controls used to prevent such violence. Also in 2016, a broad coalition of labor unions petitioned OSHA to issue a standard to address workplace violence in health care, and National Nurses United submitted a separate petition for a workplace violence standard.

On January 10, 2017, OSHA granted the petitions. In accordance with the requirements of the Small Business Regulatory Enforcement Fairness Act, OSHA convened a Small Business Advocacy Review (SBAR) panel in March 2023 to consider a potential standard for prevention of workplace violence in health care and social assistance. The SBAR Panel issued its report on May 1, 2023.

The next step in the regulatory process is the Notice of Proposed Rulemaking (or NPRM). Instead of listing a date for the NPRM on the site, it now says, “To Be Determined.”

Key to remember: OSHA moved the ‘Workplace Violence in Health Care and Social Assistance’ proposed rule to be a Long-Term Action item. No progress is expected for at least one year.

Inpatient care explained

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

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

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

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

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

Focus on incapacity not absence when applying FMLA leave

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

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

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

Recruiting and retention

As a safety professional, you aren’t satisfied with a safety record that is “good enough.” You want to eliminate hazards to prevent all injuries. Achieving an exemplary safety record and highlighting that achievement could become part of a recruiting and retention strategy.

To attract job applicants, employers must set themselves apart. Job candidates expect certain benefits like health insurance, but they also want to work for a company that cares about employees. Promoting your emphasis on safety could help attract job seekers. They won’t be impressed by an “average” safety record.

As a bonus, a renewed safety focus could also increase employee retention, reducing the need (and cost) to find and train replacements. Further, employees who feel valued and connected to their employer are typically more productive.

Avoid production disruptions

While safety should be a value because protecting employees is the right thing to do, showing the costs of injuries (and savings from improvements) may help you gain support.

Safe work practices should not inhibit production, but injuries can disrupt production in addition to the costs of medical treatment and lost work time. A serious incident that requires a trip to the hospital may require stopping production to treat the injured worker. Further, an in-patient hospitalization must be reported to OSHA and could generate an inspection, taking more time away from other priorities. A serious injury can also negatively impact the morale of other workers and result in negative media coverage that affects the company’s reputation.

Many of these costs can be measured (how much does each hour of lost productivity cost?) but costs like damage to reputation are harder to assign a dollar value. A stronger focus on safety could avoid those issues.

Safety is profitable

Finally, the number and severity of injuries affect your workers’ compensation rates. Improving safety can result in substantial savings. Since workers’ comp uses a three-year claim history, a serious incident affects your rates for the next several years. The savings from an improved safety record may take a couple of years to materialize, but cutting those costs means more money in the profit column. To illustrate, if your company has a 10 percent profit margin and decreases workers’ compensation premiums by $15,000 per year, that’s the equivalent profit from $150,000 in sales.

By laying out the costs of injuries and the benefits of safety improvements, you may have a better chance of making safety a core company value, and increase your chances of securing resources for safety initiatives.

What Is the General Duty Clause?

The GDC is part of the Occupational Safety and Health Act of 1970. It requires employers to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. This includes ergonomic hazards, even though OSHA doesn’t have a specific ergonomics standard.

In simple terms, if a hazard is known (like repetitive strain from poor workstation setup), and it can cause serious harm, and there’s a reasonable way to fix it, then you’re expected to take action.

How does ergonomics fit in?

OSHA recognizes several types of ergonomic hazards that can pose serious risks to workers' health and safety. These hazards often arise from the way tasks are designed and performed, especially when they involve repetitive or physically demanding activities including:

• Repetitive motions: Tasks that require the same movement over and over, such as typing, scanning items, or lifting boxes, can strain muscles and tendons over time. These motions are especially hazardous when performed for long durations without adequate breaks or variation.
• Awkward postures: Working in unnatural or uncomfortable positions, like bending, twisting, reaching overhead, or hunching over a desk, can place stress on the musculoskeletal system. These postures often result from poorly designed workspaces or tools that don’t fit the worker’s body or task requirements.
• Forceful exertions: Activities that require significant physical effort, such as pushing heavy carts, pulling equipment, or gripping tools tightly, can lead to fatigue and injury, particularly when combined with other risk factors like repetition or awkward posture.
• Poor workstation design: Inadequate workstation setup, whether in an office, manufacturing line, or healthcare setting, can contribute to all of the above hazards. For example, a desk that’s too high or a monitor that’s not at eye level can lead to neck and shoulder strain.

These kinds of hazards can lead to injuries like:

• Carpal tunnel syndrome: Pain or numbness in your hands and wrists from repetitive tasks.
• Back pain: Soreness and strain from lifting wrong or working in awkward positions.
• Tendinitis: Inflammation in your joints from overuse.

What does OSHA look for?

Before OSHA can issue a citation under the GDC, they need to check off four key boxes:

• Is there a real hazard? For example, are workers getting hurt from repetitive lifting or awkward postures?
• Is the hazard recognized? This means it’s known to be a problem, either through injury reports, accepted or understood safety guidelines, or industry standards.
• Can it cause serious harm? OSHA looks at whether the hazard could lead to things like missed work, medical treatment, or long-term injuries.
• Is there a feasible fix? If there’s a reasonable way to reduce the risk, like using ergonomic tools or changing how the job is done, OSHA expects employers to implement protective measures.

If all four of these are true and the employer hasn’t done anything to address the issue, OSHA can issue a citation, and possibly a fine.

How can the hazards be eliminated or reduced?

Investing in ergonomic solutions based on hazards is one of the easiest ways to reduce risk. Here are a few examples:

• Adjustable chairs and desks promote neutral posture and reduce strain.
• Anti-fatigue mats which help reduce leg and back stress for standing workers.
• Lift-assistance devices to reduce the need for manual lifting.
• Ergonomic keyboards and mice can lower the risk of wrist and hand injuries.
• Workstation redesign tailored to fit the worker, rather than expecting workers to fit their workstation.

What is my role as a supervisor?

As a supervisor, you play a key role in keeping your team safe, healthy, and comfortable on the job. You don’t need to be an ergonomics expert, but you do need to be aware, responsive, and proactive. Here’s what that looks like:

• Spot the risks: Keep an eye out for tasks that involve repetitive movements, awkward postures, or heavy lifting. If something looks uncomfortable or inefficient, it probably is.
• Talk about it: Encourage your team to speak up if they’re feeling discomfort or notice a potential hazard. Make it clear that reporting issues is a good thing, not a hassle or complaint.
• Take action: Work with your safety team or EHS staff to find solutions. That might mean adjusting a workstation, rotating tasks, or bringing in ergonomic tools.
• Keep track: Document what you’ve done—training sessions, changes made, and any feedback from your team. This helps show progress and keeps everyone accountable.

And most importantly, make sure your team knows what resources and tools are available and how to use them. A little awareness goes a long way in preventing injuries and keeping everyone productive.

Key to remember: If an ergonomic hazard is known and preventable, OSHA expects action. As a supervisor, your role is to assess risks, support your team in reporting issues, and help apply practical solutions like adjusting workstations or using ergonomic tools to keep everyone safe and productive.

Key OSHA requirements

First, according to OSHA standard 1910.146(d)(9), employers must develop and implement procedures for the following:

• Summoning rescue and emergency services.
• Rescuing entrants from permit spaces.
• Providing necessary emergency services to rescued employees.
• Preventing unauthorized personnel from attempting a rescue.

This is where employers need to put on their critical thinking caps. Ask yourself: Do we have procedures for summoning rescue and emergency services? How do we rescue entrants from our permit spaces?

These conversations need to be had between the key players in your confined space operations. Supervisors, entrants, attendants, and safety personnel should develop and implement these procedures together.

Next, OSHA standard 1910.146(f) requires the entry permits to identify the following:

• The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services.
• The equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for entry and rescue.

To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant.

Next, OSHA standard 1910.146(i) lists the attendants' duties. And in terms of rescue, those duties include:

• Summoning rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards.
• When the employer's permit entry program allows attendant entry for rescue, attendants may enter a permit space to attempt a rescue if they have been trained and equipped for rescue operations as required by paragraph (k)(1) of this section and if they have been relieved by another attendant.
• Performing non-entry rescues as specified by the employer's rescue procedure.

And finally, OSHA standard 1910.146(k) offers guidance on designating rescue and emergency services.

Essentially, employers must evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner. They must take the specific hazards involved into consideration when determining what a “timely” rescue means.

Selecting your rescue team

Employers have two options for designating rescue and emergency services:

1. Select an “in-house” team of employees to be designated for rescue operations.
2. Work with an outside contractor or emergency response team.

If the employer chooses to use an in-house team of employees, the employer must:

• Train affected employees to perform assigned rescue duties.
• Ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant.
• Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available.
• Ensure that affected employees practice making permit space rescues at least once every 12 months by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces.

Check out “Part 2” of this series, Confined Space Rescue (Part 2): Partnering with outside resources.

Key to remember: Employers must develop and implement rescue procedures for all permit-required confined space entry operations. Are you prepared?

#1 Start here

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

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

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

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

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

#2 Train on these topics

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

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

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

Truck-related topics include the following:

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

Workplace-related topics are examples like these:

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

#3 Determine success

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

#4 End here

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

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

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

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

Action item

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

Key to remember

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

Follow the procedures

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

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

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

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

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