Marine Pollutant Marking: When is it Required?

Five-fold increase

The move aims to cut much more than a similar “two-for-one” order issued at the start of President Trump’s first stint in the White House in 2017. That order applied only to regulations that would cost $100 million or more.

The White House says the 2017 order was “the most aggressive and successful regulatory reduction effort in history” and eliminated five and one-half regulations for every new one issued.

The new order, according to a White House fact sheet, says that whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 existing rules, regulations, or guidance documents to be repealed.

It will be up to the head of the White House Office of Management and Budget to enforce the order and ensure agencies use a standard measuring stick to verify compliance.

The order also requires that for fiscal year 2025 (which ends September 30), “the total incremental cost of all new regulations, including repealed regulations, be significantly less than zero,” the fact sheet says. The order itself was not available on the White House website when this article was published.

The new executive order comes on the heels of another directive, issued January 20, 2025, that put a freeze on all pending regulations until the new administration has time to review them.

What are TRI supplier notifications?

Supplier notification helps ensure that purchasers are informed that products they purchase have TRI-listed substances. Covered suppliers must send notifications for mixtures or trade name products with TRI chemicals to:

• Their customers if their customers own or operate TRI facilities, or
• Anyone who will later distribute that mixture or trade name product to others who own or operate TRI facilities.

Supplier notifications must include:

• A statement that the mixture or trade name product contains a TRI chemical,
• The chemical name and Chemical Abstracts Service Registry Number (CASRN), and
• The percentage (by weight) of that chemical within the mixture or trade name product.

The supplier notification must be in writing. If you’re required to prepare and distribute a safety data sheet (SDS) for the mixture or trade name product under OSHA 29 CFR 1910.1200, then:

• Your supplier notification must be attached to the SDS, or
• The SDS must be modified to include the required supplier notification information.

Typically, the supplier notification is found in section 15 of the SDS.

Who’s required to send a supplier notification?

Notifications must be provided by a facility or establishment that:

• Has a North American Industry Classification System (NAICS) code that corresponds to Standard Industrial Classification (SIC) codes 20-39;
• Manufactures (including imports) or processes a TRI chemical; and
• Sells or otherwise distributes that chemical within a mixture or trade name product to TRI-covered facilities or others who may, in turn, distribute such a mixture or trade name product to TRI-covered facilities.

If a facility meets all three criteria, then a supplier notification is required with at least the first shipment of the calendar year containing that TRI chemical. For chemicals newly added to the TRI list, notifications must be provided starting with the effective year of the chemical on the TRI list.

What’s the problem?

The National Defense Authorization Act (NDAA) of 2020 automatically updates the list of toxic chemicals subject to TRI reporting. This update happens annually as of January 1 of the year following specific triggering events. (See the preamble to the proposed rule for a list of triggering events.)

EPA must also publish a final rule to update the TRI list in the Code of Federal Regulations (CFRs). However, the problem is these final rules and conforming CFR edits have trailed the January 1 effective date. Stakeholders have questioned whether the supplier notification requirements for such NDAA-added PFAS begin either:

• On January 1, when the PFAS is added to the statutory TRI chemical list; or
• Upon EPA completing a rule to include the added PFAS in the CFRs.

The answer is the supplier notification requirements begin on January 1, when the PFAS is added to the statutory TRI chemical list. Suppliers that wait until EPA issues a rule may run into noncompliance.

What’s proposed?

On January 17, EPA proposed to edit the definition of “toxic chemical.” Specifically, EPA includes in the definition the PFAS that are automatically added to the TRI chemical list pursuant to the NDAA. Such PFAS are effectively TRI-listed chemicals as of the applicable January 1st following specific triggering events.

Put another way, EPA proposes to amend the CFR to confirm that the TRI chemical list includes:

• All chemicals found at 40 CFR 372.65; AND

• Any PFAS that have been automatically added pursuant to NDAA section 7321(c), which is codified at 15 U.S.C. 8921(c)(1).

Because some covered PFAS will not be listed in the CFR right away, the regulated community can find information on the latest NDAA-added PFAS here.

How does it work?

Let’s say a PFAS or class of PFAS is listed as added automatically to TRI on January 1, 2024. That means it was added for reporting year 2024. Supplier notifications would start January 1, 2024. Then, TRI-covered facilities would report for that PFAS or class of PFAS by the July 1, 2025, reporting deadline (and in later years).

Similarly, a PFAS or class of PFAS listed as added on January 1, 2025, means it’s added this reporting year (2025). So, those supplier notifications started January 1, 2025, and TRI-covered facilities would report the PFAS or class of PFAS by the July 1, 2026, deadline (and in later years).

What’s the comment deadline?

According to the proposed rule, comments must be received on or before February 18, 2025.

Key to remember

EPA proposes to clarify the timeline for chemical suppliers. It specifies when to notify customers that a product contains a PFAS regulated under 40 CFR 372. Comments are due by February 18, 2025.

‘Fire from the Storm’ video

The CSB’s new 17-minute safety video, "Fire from the Storm," includes a riveting animation of the events leading to a fire and toxic gas release. The incident occurred when Hurricane Laura damaged a chemical storage facility in Louisiana.

Rainwater then reached the chemical storage. The chemical decomposed, producing toxic chlorine gas and a fire. A large plume of chlorine traveled over the community.

The CSB video calls on OSHA and EPA to amend regulations on Process Safety and Risk Management, respectively. Five key safety issues contributing to the incident are covered:

• Extreme weather preparation,
• Process hazard analyses,
• Emergency preparedness and response,
• Adherence to hazardous materials codes, and
• Gaps in regulatory coverage of reactive chemical hazards.

The latest video follows two others issued in October and July. It also aligns with an alert shared last July on hurricane preparedness.

Cold weather alert

Cold weather can crack or break pipes. It can also lead to ruptured or damaged process equipment and/or failing instruments. In December, CSB rang alarm bells over an uptick in chemical incidents during cold weather. The CSB alert listed over a dozen safety steps and links to guidance on cold weather operations.

Process safety management programs are regulated at 29 CFR 1910.119. Per the alert, these programs should consider how low temperatures may affect piping, equipment, and instruments. Equipment susceptible to ice or hydrate formation should also be identified and properly winterized.

Extreme weather dangers are a recurring theme for CSB. Last July, during hurricane season, Owens said, “When it comes to extreme weather, chemical companies should expect the unexpected and must always be prepared for the worst-case scenario.”

Event summaries issued

In a move toward transparency, CSB compiled summaries for 26 of the chemical incident reports it has received. These events summarized in Incident Reports Volume 1 resulted in five fatalities, 17 serious injuries, and about $697M in property damage in 15 states since April 2020.

For over two years the board has posted “overall” data about incidents reported under 40 CFR 1604. That’s the Reporting of Accidental Releases standard. CSB now calls this standard the “Accidental Release Reporting Rule (ARRR).”

For the record, CSB has received 460 reports in the last five years. The reports reveal 68 fatalities and 249 serious injuries/illnesses. Over 200 of these incidents involved property damage of $1M or more.

The overall data reports provide:

• The name and location of the chemical facility,
• The date of the incident, and
• Whether the incident involved a fatality, serious injury, or substantial property damage.

However, the latest Volume 1 also reveals:

• A summary of the event,
• Its probable cause, and
• Images of the involved facility or incident scene.

Owens argued, “The American people have a right to know about the kinds of dangerous chemical incidents that happen across this country every week.”

Reporting form change

It’s worth noting that CSB updated its Accidental Release Reporting Form and Instructions last June. The changes:

• Merge the form and instructions into a single document;
• Make minor formatting and grammar corrections;
• Indicate a fourth reporting method (to call CSB to relay the National Response Center ID number);
• Clarify that only “substantial” property damage information is required; and
• Add a confidential and disclosure statement.

Key to remember

CSB continues to deliver videos, weather-related alerts, and data. The agency has also updated its reporting form and launched an initiative to reveal more incident details on a regular basis. Expect more from the board in 2025, along with any number of investigative reports.

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

Stormwater discharges

Rain and snow that flow over land or impervious surfaces (like building rooftops and parking lots) and don’t soak into the ground generate stormwater runoff. The runoff can gather pollutants generated by industrial activities at a facility and transport them into nearby waterbodies. Your facility must have a permit to discharge stormwater associated with industrial activities to waters of the United States (40 CFR 122.26).

The NPDES program regulates stormwater discharges from 11 categories of industrial activities, listed at 122.26(b)(14). Examples of covered activities include:

• Heavy manufacturing at chemical plants;
• Treating, storing, and disposing of hazardous waste; and
• Processing industrial wastes at landfills.

Note, however, that construction sites that disturb 5 or more acres (the tenth category) are permitted individually.

The permit contains stormwater control measures (including “best management practices”) to limit pollutants that enter stormwater runoff. Containment systems, employee training, and infiltration devices are all ways to control runoff.

Most states issue industrial stormwater discharge permits. EPA issues individual permits and the Multi-Sector General Permits (MSGPs) to facilities where the agency is the permitting authority. The MSGP is EPA’s general permit for industrial stormwater discharges.

Wastewater discharges

Many industrial processes use or generate water that contains pollutants, referred to as industrial wastewater. There are two types of wastewater:

• Process wastewater (defined at 122.2) refers to water used in manufacturing or processing activities.
• Non-process wastewater refers to water used for activities other than processing products (e.g., sanitary wastewater).

Your facility must have a permit to discharge industrial wastewater to surface waters (122.21(a)).

The NPDES program regulates direct wastewater discharges from industrial sources through rules based on the type of facility and activity. The regulations also have industry-specific requirements for:

• Animal Feeding Operations,
• Mining,
• Oil and Gas,
• Pesticide Applications, and
• Vessels Incidental Discharges.

Effluent limitations are the primary control method for industrial wastewater discharges. EPA establishes Effluent Limitations Guidelines (ELGs) for industrial categories and subcategories. These pollution-reduction performance standards are based on the best available technology that’s economically achievable by facilities in the industry. The ELGs are then incorporated into the permits through effluent limitations.

Additionally, industrial facilities must meet water quality-based effluent limitations when the technology-based standards don’t achieve the required water quality standards. Both industrial stormwater and wastewater discharge permits may include technology- and water quality-based effluent limitations.

As with stormwater permits, most states issue industrial wastewater permits. Facilities in areas where EPA is the permitting authority must obtain either a general or individual NPDES permit.

Check your state requirements!

Because a majority of the states run stormwater and wastewater permitting programs, it’s crucial to check the state regulations. State permits must contain limits as stringent as EPA’s federal permits, and some states may impose stricter limits and/or additional requirements.

EPA’s website lists the states authorized to issue NPDES permits with links to the state agencies that run the NPDES program.

Key to remember: Industrial stormwater and wastewater discharges, and the permits that regulate them, are different.

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!

Ten common errors Canadian carriers make when training drivers on TDG

Transporting dangerous goods is a highly regulated activity in Canada and it requires carriers to ensure their drivers are adequately trained. The topic is complex, and it can be easy to make errors during the training process. Understanding these common mistakes can help you improve your training program and ensure compliance with Transportation of Dangerous Goods (TDG) regulations.

Here are 10 common errors that can undermine your training efforts and advice for avoiding those errors.

5. Insufficient supervision during training

New drivers might require close supervision during their initial training period. Failing to provide supervision may leave your new drivers unprepared to handle dangerous goods safely. Supervision should include direct, physical accompaniment by a trained and experienced driver, rather than relying on remote monitoring or camera surveillance.

6. Neglecting to issue training certificates

A required component of TDG training is the training certificates. These certificates are proof your drivers have received the necessary training and are qualified to handle dangerous goods.

If you don’t issue these certificates, or don’t record the required information on the certificates, it’s difficult to prove your drivers are adequately trained. Plus, your drivers need to carry their certificates. If drivers don’t have them, it may result in an out-of-service violation.

7. Overlooking language barriers

Canada is a diverse country with a multilingual workforce. You must ensure that your training materials are accessible to all drivers, including those who may not be fluent in English. Providing training in multiple languages or offering translation services can help overcome language barriers and ensure that all your drivers understand the critical information.

8. Ignoring driver feedback

Your drivers are on the front lines and can provide valuable insights into potential improvements in the training program. If you ignore driver feedback, you miss opportunities to enhance your training program. Encouraging open communication and actively seeking feedback from your drivers can lead to more effective and comprehensive training.

9. Lack of emergency response training

Emergency response training is a crucial aspect of TDG training. Your drivers must be prepared to handle spills, leaks, and other emergencies involving dangerous goods. Comprehensive emergency response training should include practical exercises, such as spill containment and first aid procedures.

10. Failure to monitor and evaluate training programs

You should regularly monitor and evaluate your training programs. This includes assessing your drivers' knowledge and skills through tests and practical evaluations. Continuous improvement of training programs based on these assessments helps maintain high standards and ensures that your drivers are well-prepared to handle dangerous goods safely.

By addressing these common errors and implementing comprehensive, up-to-date training programs, you can enhance safety, ensure compliance with regulations, and protect your drivers and the public from the risks associated with transporting dangerous goods.

Key to remember: By being vigilant in your approach to TDG driver training, you can avoid these common mistakes and ensure compliance with TDG regulations.

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.

Pre-tests and post-tests

Pre-tests and post-tests allow trainers to evaluate their drivers’ level of understanding prior to and at the conclusion of training.

The pre-test provides information on the drivers’ current understanding and/or misunderstanding of the subject being presented. It also helps to identify areas that should be focused on during the session.

In addition to serving as a review of the session, the post-test helps a trainer evaluate its effectiveness. The post-test should be used in conjunction with the pre-test to identify any area(s) that may require additional instruction.

Feedback

Distribute a survey as the session is wrapping up, but prior to closing remarks. Make sure enough time is allotted to complete the survey.

Doing this after closing remarks or asking drivers to complete the survey after the scheduled ending time for the training session does not leave enough time for drivers to provide thoughtful feedback.

When creating the survey, make sure it includes both open and closed questions about how drivers are using what they learned in class. This will help in determining the relevance and appropriateness of the topic(s) presented.

Supervisor observations

Supervisors are a valuable resource. They are able to observe a driver’s performance before and after a training session and note changes or improvements.

Make sure supervisors are aware of the training schedule and the subjects being taught. Provide a copy of the training materials to the supervisors.

After the training session, reach out to supervisors on a periodic basis to check on driver progress when it comes to the topics presented.

Measure performance

Compare safety, productivity, or quality measures for the month before and the month after the training.

Again, at the end of six months, compare these same measures to the results for the month prior to and after the training. Look for improvement as well as problems or issues that should be addressed with refresher training.

Key to remember: Effective evaluation of a training session can aid in determining whether the session helped to improve driver job performance.

What is 392.2C?

Section 392.2C is enforcement’s code for “failure to obey traffic control device.” The C stands for control.

The citation appears in the severity table for the Unsafe Driving BASIC (Behavior Analysis and Safety Improvement Category). The violation has been assigned a value of 5 out 10, with 10 being the most severe. The violation is used when calculating both the carrier’s and driver’s Unsafe Driving BASIC scores.

In most instances, the traffic control device is not a signal light or stop or yield sign. Rather, it is the sign that instructs the driver to pull into a weigh station.

Who must pull into a weigh station?

The vehicles that must stop at scales and inspection locations vary from state to state and even from location to location within a state. The “weigh scale ahead” or similar sign should be the driver’s guide.

If the sign reads:

• All vehicles over 16,000 pounds, the driver can safely bypass the scale if under the weight threshold.
• All commercial motor vehicles, the driver should pull in. It is far better to be waived or green lighted through than to be chased down.

Often those who operate commercial vehicles not requiring a commercial driver’s license, such as a large pickup truck or small box truck, mistakenly believe weigh scale inspections are just for larger rigs.

What happens when a driver ignores signage?

If a driver goes past a weigh station without pulling in as directed by a traffic control device, enforcement will pursue and pull over the driver. The officer will then escort the driver back to the weigh station for a roadside inspection.

Even if the driver was honestly confused whether the sign applied to the vehicle, it is too late. And more than likely enforcement’s interest has been piqued. It is highly unlikely the driver will be waived through at this point, and 392.2C will be entered on the roadside inspection report.

Handling violations

CSA’s enforcement model suggests finding the root cause of roadside inspection violations to prevent future occurrences and ultimately improve BASIC scores.

A violation of 392.2C may have one of several root causes, such as:

• Confusion over applicability
• Inattentiveness (missing the sign)
• Running late
• Risky behavior (taking the chance that no one will pursue)
• Concern over other violations discovered once stopped

Whatever the reason, it must be addressed with the driver. Corrective actions range from refresher training to termination. If the driver was trying to avoid enforcement for other reasons (drugs, alcohol, over HOS limits), these other violations need to be addressed accordingly.

Key to remember: Failing to obey a traffic control device will be used in calculation of the CSA Unsafe Driving BASIC scores. Motor carriers should address the root cause of the violation so it does not recur.

Prior to the deadline

No later than Wednesday, February 19, 2025, CDL and CLP drivers licensed in Georgia are instructed to submit current supporting medical documentation to DDS via email, an upload through the department’s Online Services, or in-person presentation at a local Customer Service Center.

What is transmitted from FMCSA to DDS?

The new process eliminates the need for states to manually enter specific data elements onto a driver’s motor vehicle record. Instead, FMCSA will communicate the following information to DDS from the NRCME:

• Driver identification,
• Examination results,
• Restrictions, and
• Medical variances.

Why are procedures changing?

FMCSA published a rulemaking in 2015 that connects the state driver’s licensing agencies (SDLAs) directly to NRCME. This transmission streamlines the process and accounts for every driver medical examination, including those where the CME medically disqualifies the driver.

The original implementation date was June 22, 2018, but it was pushed back to 2021 and again to 2025 to help accommodate technology development to transmit and receive information from the NRCME to the SDLAs. The current implementation date requires all SDLAs to be connected to NRCME no later than June 23, 2025.

Have medical certification requirements changed?

Drivers who operate commercial motor vehicles are still required to be medically certified through an examination by a CME. The medical examination and its standards remain the same. What has changed is recordkeeping. The only the means of communicating CDL/CLP holders’ examination results to the SDLA is through FMCSA’s data transmission.

1. Over 20,000 workers experienced nonfatal workplace violence in 2020

According to the Bureau of Labor Statistics (BLS), 20,050 workers in private industries experienced trauma from nonfatal workplace violence in 2020, requiring days away from work to recover. These incidents not only disrupt employees' lives but also create significant financial and operational challenges for businesses.

The impact of workplace violence extends beyond physical injuries, often leaving long-term psychological scars on victims.

2. Workplace violence accounted for 740 fatalities in 2023

The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) reported that of the 5,283 fatal workplace injuries in the U.S. in 2023, 740 were caused by violent acts. This alarming statistic highlights that workplace violence is not just about threats and harassment—it can be deadly.

Employers must implement preventative measures such as workplace safety policies, training programs, and emergency response plans to reduce risks and ensure employees' safety.

3. Certain industries face a higher risk of workplace violence

While workplace violence can occur in any profession, some industries experience a higher level of risk. The top five industries most affected by workplace violence include:

• Healthcare and Social Assistance – Workers in hospitals, nursing homes, and psychiatric facilities often face assaults from patients or residents.
• Retail – Cashiers, convenience store clerks, and retail workers are at risk due to robberies and aggressive customers.
• Public Administration – Law enforcement officers, government employees, and social workers often encounter hostile individuals.
• Transportation and Warehousing – Taxi drivers, delivery workers, and warehouse employees face threats from passengers or co-workers.
• Education – Teachers, school administrators, and support staff are at risk from student violence, disgruntled parents, or intruders.

All employers must make an effort to recognize and prevent workplace violence, especially those in the industries listed above.

4. Most workplace violence is not committed by strangers

A common misconception about workplace violence is that it is primarily caused by external threats, such as criminals or unknown attackers. However, less than half (47%) of nonfatal workplace violence incidents were committed by strangers. Many cases involve co-workers, clients, customers, or personal relationships.

This statistic emphasizes the importance of fostering a positive and safe work environment, addressing conflicts early, and providing employees with de-escalation training.

5. Women experience a disproportionate share of nonfatal workplace violence

Workplace violence does not affect all workers equally. Of the 37,210 nonfatal workplace violence incidents in 2023, 65% of the victims were female, according to the Bureau of Labor Statistics. Many of these cases occur in professions dominated by women, such as healthcare, social work, and education.

As mentioned above, many cases of workplace violence are committed by people who have a personal relationship with the victim.

When the perpetrator is an employee’s spouse or domestic partner, they could bring conflicts from home to the workplace. When a victim leaves an abuser, the one place they know the victim will be every day is at work. That’s why domestic violence presents a unique set of challenges for employers, supervisors, and company security staff.

Addressing gender-based violence and implementing targeted safety strategies can help protect female workers in high-risk industries or situations.

What you can do to prevent workplace violence

Workplace violence is a serious issue that affects thousands of workers every year. It is crucial for businesses to adopt proactive measures, such as employee training, security protocols, and conflict resolution programs.

Key to remember: By increasing awareness and fostering a culture of safety, organizations can reduce the risk of workplace violence and protect their employees from harm.

Managers and tips

If employees qualify as managers or supervisors, even if they also perform tipped work, they may not keep other employees’ tips. This includes, for example, taking them from a tip pool or getting tips based in part on other employees’ work, which were collected in a tip jar.

Managers may, however, keep tips that they received directly from a customer based on the service that they directly and solely provided. If, for example, this manager is the only one tending bar during a certain period of the day, they may keep tips during that timeframe because the tips are for the service that the manager directly provided.

If, however, the employer can't attribute a tip solely to the service the manager provides, the manager may not keep any portion of the tip. If, for example, the taproom pools all of the bartending tips together, the manager may not take any portion of the tips from the pool even if the manager also tends bar.

Manager defined

A manager or supervisor includes any employee who meets the FLSA “executive” duties test. This is the same duties test used (along with other tests) to determine whether an employee is exempt from the FLSA’s minimum wage and overtime provisions because they are employed in a bona fide executive capacity.

Business owners who own at least a bona fide 20 percent equity interest in the enterprise in which they work and who are actively engaged in its management also satisfy the executive duties test.

Because the manager in question was a part business owner and was actively engaged in its management, the employer may not allow him to keep other employees’ tips.

Key to remember: Managers and supervisors may keep direct tips but may not take tips from a tip pool.

The ‘LICENSE Act’

The Licensing Individual Commercial Exam-takers Now Safely and Efficiently (LICENSE) Act, introduced on January 24, is garnering support as a way to help ease supply chain challenges by increasing the number of truck drivers in the U.S.

The bill builds on waivers the Federal Motor Carrier Safety Administration (FMCSA) implemented during the COVID-19 pandemic. It helps truck drivers get their commercial driver’s license (CDL) faster to get them on the road delivering freight sooner.

If passed, the LICENSE Act will:

• Expand CDL testing: State and third-party examiners would be authorized to administer both the CDL skills and knowledge tests, speeding up the licensing process without compromising safety.
• Provide flexible supervision for CLP holders: Licensed drivers accompanying commercial learner’s permit (CLP) holders could move to the sleeper berth of the truck, recognizing that many CLP holders have already passed their road tests and are waiting on their official CDL.
• Streamline testing across states: States would be allowed to administer driving skills tests to applicants from other states, making it easier for future truckers to complete testing close to home.

“The LICENSE Act streamlines the CDL testing process by allowing states to test applicants regardless of their residency or training location,” Ryan Streblow, President and CEO of the National Tank Truck Carriers, said in a press release.

Streblow went on to say that this type of efficiency is a commonsense approach to addressing workforce shortages.

Only one step in the overall hiring process

While this bill, if passed, could signify a win for carriers, it’s only one step in the driver recruiting and retention process. It might speed things up on the front end, but from there the ball’s in the carrier’s court to retain a new driver.

Recruiting and retaining quality drivers is perhaps the biggest contributing factor to any motor carrier’s overall success. Industry studies support the fact that the longer a company retains a driver, the safer, more efficient, and profitable that driver becomes.

Effective recruitment and retention may include looking at both internal or external sources for drivers, ensuring that pay and benefit packages are attractive to both new and existing drivers, and closely examining the work environment.

Key to remember: A bill was recently introduced to speed up the CDL process. But that’s only one part of a solid driver hiring and retention program.

FMLA and weight loss surgery

When it comes to weight loss surgery, an employee may have been perfectly healthy before the procedure, so the surgery itself might not be required due to the employee’s health reasons. An employee might, however, have underlying health conditions prompting the procedure.

It’s true that conditions for which cosmetic treatments are given (such as most treatments for acne or certain types of plastic surgery) are not serious health conditions unless inpatient hospital care is needed or complications develop. This caveat generally points to the definition of a serious health condition (inpatient care or continuing treatment). Therefore, if the treatment results in a serious health condition, it qualifies for FMLA protections.

The bottom line is, if you have an employee who needs time off for weight loss surgery that requires an overnight stay in a health care facility, the reason for the absence would qualify for FMLA protections. If the employee is incapacitated for more than three days and receives treatment twice, the reason would also qualify for FMLA protections.

What to do

As with any type of FMLA case, if an employee puts you on notice of the need for leave for elective surgery, including weight loss surgery, treat it as you would any other notice of the need for leave. Provide an eligibility/rights and responsibilities notice, and request a medical certification.

The certification should give you the information needed to determine if the employee has (or will have) a serious health condition.

If the certification indicates that the employee has not had or does not need an overnight stay, move on to whether the employee will be incapacitated for more than three days and will need continuing treatment. Continuing treatment would need to involve treatment at least once, followed by a regimen of continuing treatment (such as a prescription or therapy), or treatment at least twice.

Lithium-ion battery safety

Lithium-ion batteries supply power to a variety of products we use every day, from smart phones to laptops to electric vehicles. An increase in manufacturing and industrial use of these batteries requires an understanding of the safety and health hazards they pose, and how to protect workers from those hazards.

OSHA’s fact sheet (OSHA FS 4480) is directed towards facilities that manufacture lithium-ion batteries, items that include installation of the batteries, energy storage facilities, and facilities that recycle lithium-ion batteries. It describes the battery’s components; potential, chemical, and safety hazards; safety by design; establishing a safety and health management system; hazard controls; training; OSHA standards; and consensus/industry standards and programs.

Workplace violence

Workplace violence is a growing concern for employers and employees nationwide. It can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. Although there’s no OSHA standard that addresses workplace violence, the General Duty Clause of the Occupational Safety and Health (OSH) Act requires employers to provide employees a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm.

This fact sheet (OSHA FS 3509) explains who’s most vulnerable to workplace violence (e.g., lone workers, delivery drivers, visiting nurses, retail workers), what employers can do to help protect employees, how employees can protect themselves, and what employers should do following a workplace violence incident.

Safety in semiconductor manufacturing

Semiconductors are used in a range of devices we use every day, from personal computers to smartphones to cars. Due to rapid changes in the semiconductor industry, manufacturing processes and their associated hazards may change completely every few years, making hazard assessments challenging. Common hazards may include exposure to solvents, acid and caustic solutions, toxic metals, and radiation.

Safety in Semiconductor Manufacturing discusses the importance of establishing a safety and health management system, common industry hazards, hazard controls, training, EPA requirements and industry consensus standards, and OSHA standards.

Protecting personally identifiable information (PII)

Establishments that meet certain size and industry criteria must electronically submit case-specific injury and illness data from their OSHA 300 log to OSHA using the agency’s secure Injury Tracking Application (ITA). The data is used to analyze occupational injuries and illnesses and hazardous conditions in workplaces and is made available to the public.

OSHA minimizes the collection of workers’ PII (e.g., name, address, social security number, etc.) during this process and takes steps to ensure data protection. This fact sheet (OSHA 4388) explains what PII is, how establishments can avoid submitting PII through the ITA, and how OSHA protects worker privacy during the collection process.

Whistleblower protection

Employees may file a complaint with OSHA concerning a hazardous working condition at any time. Under the Occupational Safety and Health (OSH) Act, it’s illegal for employers to retaliate against employees who do so. This fact sheet (OSHA 3812) outlines employee protections and explains “adverse actions,” how to file a whistleblower complaint and the deadline for doing so, and what happens once OSHA investigates the claim.

Occupational safety and health for federal employees

Although private employers most often come to mind when we think of OSHA coverage, federal employees also are covered by OSHA regulations. This fact sheet (OSHA 4470) describes what Executive Branch agencies must do to protect the safety and health of federal employees, as well as federal employees’ rights and protections under OSHA.

Key to remember: Employers can look to OSHA’s newly published fact sheets for information and guidance on lithium-ion batteries, semiconductors, workplace violence, PII and whistleblower protections, and how OSHA applies to federal employees.

Why is safety culture critical?

In a strong safety culture, everyone understands the role they play in safety. Employees watch out for themselves and each other. They recognize that taking shortcuts puts them at greater risk for injury, and that injuries affect them at home as well as at work. Supervisors know this also (or should know this) and will not only hold employees accountable for following rules but will also recognize them for positive safety efforts.

Employers with strong safety cultures experience fewer injuries which translates to lower workers’ compensation premiums and less down-time for incidents and investigations. They may have higher employee engagement and lower turnover. For related information, see our article Getting buy-in for safety changes.

Priorities and challenges

The survey also listed six EH&S initiatives and asked respondents to rank them from “most impactful” to “least impactful.” The results were:

1. Fostering a strong safety culture where employees consistently prioritize safety
2. Gaining leadership commitment and visible support
3. Building employee trust and engagement
4. Employee training and education
5. Identifying and addressing the root causes of incidents
6. Demonstrating a positive return on investment

These responses aligned with survey participant comments regarding the challenges of building a strong safety culture and getting management support.

A strong safety culture should make an EH&S professional’s job easier for two reasons. First, the safety manager is not viewed as solely responsible for safety since everyone actively participates and takes personal accountability. Second, the EH&S professional should get more support when safety is not viewed as being in competition with production.

J. J. Keller & Associates, Inc. conducted this EH&S benchmark study to better understand the challenges faced by EH&S professionals. The findings will contribute to a broader understanding of the challenges and help create improvements within the industry. The survey was open to all individuals with responsibilities falling within the realm of environmental, health and safety, with 979 respondents.

Key to remember: Key challenges for EH&S professionals include getting employee buy-in and engagement, shifting the organization’s mindset and culture to prioritize EH&S, and dealing with resource constraints such as time, budget, and staffing.

OSHA’s announcement on helmets vs. hard hats

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

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

The two main benefits of Type II safety helmets

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

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

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

Understanding the different types of head protection

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

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

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

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

Choosing the right head protection for your employees

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

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

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

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

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

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

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

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.

5 steps to material handling efficiency

One key aspect of lean management is the “5S” method. When used for material handling, it can significantly reduce waste, improve productivity, and enhance overall workplace safety.

Find success with these five steps:

1. Sort: Carefully observe the workplace, then sort through any items, equipment, or process steps that aren’t essential for current operations.
2. Straighten: Organize necessary items, equipment, and process steps to ensure logical, efficient, and safe operations. Tools and materials should be easy to find and access, as well as ergonomically friendly.
3. Shine: Implement housekeeping and maintenance procedures that ensure the workplace is kept clean and free of safety hazards. Regular “shining” helps proactively identify and address potential walking or working surface dangers and equipment malfunctions before an injury or incident occurs.
4. Standardize: Create clear and consistent procedures and work practices so workers understand lean management expectations throughout the workplace . Work practices can include something as simple as completing a checklist at the beginning of the shift or end of the workday.
5. Sustain: Regularly evaluate the workplace, policies, and work practices to drive lean management as a habit. Conducting regular audits, providing employee training, and leading by example will help foster a healthy safety culture and ensure continuous improvement.

Learning from the past

Lean management made a name for itself during World War II, a time when resources were scarce, demand was high, and time was critical. Manufacturers were forced to enhance production without compromising quality to keep up with wartime business needs. Lean management, when used strategically, empowers every worker in the organization to identify, communicate, and resolve challenges that does not contribute to company’s optimization and success.

The secret of Toyota’s success was designing their production system around lean management principles where personnel were empowered to stop the moving production line when an abnormality occurred. When this happened, operators, alongside their supervisors, discussed the issue, offered recommendations, and adopted a corrective action that resolved the issue. This strategy not only streamlined the process, but it also improved overall productivity and encouraged engagement from all company stakeholders.

After Ray Kroc purchased the McDonald’s company from Richard and Maurice McDonald in 1961, he put lean management to work by focusing on consistency and standardization. His belief that every restaurant should offer the same menu, quality of food, and customer experience catapulted trust and loyalty from customers and employees. They knew what to expect from McDonald's.

Key to remember: Lean management ensures continuous improvement by reducing safety risk, trimming waste, and ensuring quality. Lean management can also increase profit margins, build a positive safety culture, and impress your customers.