MRB issues guidance for drivers and MEs regarding CPAP recall

What are S Codes?

In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:

• The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
• The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:

• A hazardous waste was received to be stored or transferred; and
• The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

• Transfer off-site for reclamation and recovery,
• Transfer off-site for destruction or treatment prior to disposal, and
• Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

• Receiving facilities that store and transfer hazardous waste;
• Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
• Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

• Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
• Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

• Waste Generation and Management (GM) Form in Item 3, and
• Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

• Identify where your facility currently uses code H141.
• Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
• Train your employees accordingly.
• Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of code H141 on RCRA hazardous waste manifests and Biennial Reports.

What are S Codes?

In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:

• The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
• The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:

• A hazardous waste was received to be stored or transferred; and
• The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

• Transfer off-site for reclamation and recovery,
• Transfer off-site for destruction or treatment prior to disposal, and
• Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

• Receiving facilities that store and transfer hazardous waste;
• Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
• Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

• Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
• Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

• Waste Generation and Management (GM) Form in Item 3, and
• Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

• Identify where your facility currently uses code H141.
• Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
• Train your employees accordingly.
• Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of Management Method Code H141 on RCRA hazardous waste manifests and Biennial Reports.

CPL rewritten for the 2024 standard

On May 19, 2026, OSHA posted a revised CPL 02-02-079, “Inspection Procedures for the Hazard Communication Standard (HCS 2024),” replacing the July 9, 2015, version. The 132-page document reflects the reconfigured HazCom standard published May 20, 2024, effective on July 19, 2024, along with corrections issued through early 2026.

The agency designed this enforcement playbook to maintain uniform inspections during the transition period and after full implementation. Because of the extensive regulatory changes to definitions, hazard classification, labeling, safety data sheets, and trade secrets, the CPL is not a light refresh.

For those familiar with the rulemaking, the new CPL edits will not be surprising. Still, the directive should provide more clarity than the regulatory text.

Front matter and appendices

Updates to Sections I to IX are typical of a CPL, including:

• Cancellation of the 2015 CPL;
• A modified title and references to the 2024 final rule and corrections;
• Alignment with revisions 7 and 8 of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS); and
• A new summary of changes, historical background, and compliance dates.

OSHA also modernized appendices for dates, hazard lists, pictogram hazards, SDS review guidance, chemical resources, and related directives.

Reworked inspection guidelines

Section X outlines inspector instructions for paragraphs (b) through (j) of the standard. The latest modifications impact most sections:

• Scope, applicability, and exemptions — The directive offers new examples and expanded explanations, such as:
  • A formaldehyde hazard example for hair smoothing products;
  • An overview of pesticide labeling requirements and exemptions;
  • Discussion of the EPA Agricultural Worker Protection standard preemption; and
  • Greater detail about biological hazards from plants.
• Definitions — The document introduces terms and explains bulk shipment, immediate outer package, physical hazard, released for shipment, and more. It also revisits the terms combustible dust and manufacturer. Lithium-ion batteries are now referenced in the distributor context.
• Hazard classification — The directive instructs OSHA officers to consider the classification of:
  • Hazards associated with a chemical’s intrinsic properties, including changes in physical form and reactions from known or reasonably anticipated uses; and
  • Impurities, additives, and individual constituents.
• Written plan — The directive clarifies:
  • Employers must revise programs by the compliance dates when new information is received from suppliers;
  • The use of computers and third-party administrators of safety data sheets (SDSs); and
  • The written program must describe how employees will be trained in a language and at a literacy level they understand.
• Labeling — The directive broadens the sections on Department of Transportation labeling, bulk shipments, and small container labeling. It incorporates final rule flexibility too:
  • Phased-in compliance dates for labeling;
  • Hazards not otherwise classified (HNOCs) and hazards identified and classified under 1910.1200(d)(1)(ii) don’t need to be addressed on the container;
  • The exclamation mark pictogram is permitted (but not required) for HNOCs, under certain conditions;
  • Minor textual variations for precautionary statements are allowed; and
  • OSHA offers alternatives for chemical containers released for shipment.
• Safety data sheets (SDSs) — Amended text focuses on U.S. jurisdiction and technical provisions, such as:
  • Phased-in compliance dates for SDSs;
  • Importer SDS responsibilities;
  • Using a U.S. address and phone number;
  • The hazard class and category reflecting intrinsic properties;
  • Required Chemical Abstracts Service (CAS) number or other unique identifiers; and
  • No need to obtain updated SDSs to replace already received SDSs.
• Employee information/training — The directive references a temporary workers bulletin. It also emphasizes:
  • Phased-in compliance dates for necessary training adjustments; and
  • Delivering training in a language employees understand.
• Trade secrets — The instruction aligns with the 2024 rule:
  • Allows the exact percentage, exact concentration range, or CAS number to be withheld if certain criteria are met; and
  • Addresses the use of confidentiality agreements.
• Dates — The directive overhauls compliance timelines and discusses documentation of due diligence and good faith efforts.

In addition, the directive softens citation language with phrases like “should normally cite” instead of “shall cite.” This shift suggests inspectors may have greater discretion based on case-specific circumstances.

Key to remember

While 1910.1200 remains the baseline for employers and chemical manufacturers, importers, and distributors, the revised CPL 02-02-079 provides an enforcement lens. With implementation underway, regulated entities can use the CPL to steer their efforts and conform with how OSHA will inspect them in the field.

Gross vehicle weight rating (GVWR)

The gross vehicle weight rating is the maximum operating weight of a vehicle as specified by the manufacturer including the vehicle’s chassis, body, engine, engine fluids, fuel, accessories, driver, passengers, and cargo but excluding that of any trailers.

Gross combined weight rating (GCWR)

The gross combined weight rating is the specific weight determined by the manufacturer to be the maximum weight of a loaded vehicle and its attached loaded trailer. This is the weight that is shown on the IRP cab card.

• Insider tip:
• Weight plate: A vehicle’s GVWR and GCWR are normally found on a manufacturer’s plate attached to the door or glove box, or on the front of each trailer.

Registered weight

Registered weight means the weight for which a vehicle or combination of vehicles has been licensed or registered.

Note that this weight will not always be the same as the GVWR or GCWR. It can be less if the carrier never travels at the maximum weight, but never more than the vehicle is rated to carry as this presents a safety issue.

• Insider tip:
• A vehicle’s weight rating should not be confused with its registered weight. To reduce registration fees, vehicles are often registered at a lower weight than they are rated to carry.

Gross vehicle weight (GVW)

Though not defined by IRP, a vehicle’s gross vehicle weight is commonly held to be the actual weight of the vehicle itself (curb weight) plus all cargo and passengers. The GVW is not a limit or specification; rather it is the actual weight that is obtained when the fully loaded vehicle is driven onto a scale at any given time.

Gross combination weight (GCW)

Also not specifically defined by IRP, the gross combination weight is understood to be the weight of a loaded towing vehicle (GVW) plus the weight of the fully loaded trailer(s) (plus passengers, fuel, etc.). It is the actual weight obtained when the vehicle and trailer(s) are weighed together on a scale.

Which numbers should be used under IRP?

Apportionable vehicles must be registered under IRP. The Plan defines an apportionable vehicle as any vehicle that is used or intended for use in two or more member jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and:

• Has two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds (11,793.401 kilograms), or
• Has three or more axles, regardless of weight, or
• Is used in combination, when the gross vehicle weight of such combination (GCW) exceeds 26,000 pounds (11,793.401 kilograms).

Apportionment optional for smaller trucks

Two-axle vehicles, or combinations thereof, having a GVW of 26,000 pounds or less may be issued apportioned registration (IRP) at the option of the registrant. Why would you choose to do this?

For trucks between 10,001 and 26,000 pounds, some jurisdictions — but not all — require trip permits or apportioned plates to operate legally. Permits may be required for traveling through the jurisdiction or when engaging in intrastate transportation. If you frequently operate vehicles over 10,000 pounds in a state with this requirement, it might make sense to register with apportioned plates. Be sure to check with the jurisdictions in which your vehicles operate to learn the requirements.

Troubleshooting Motus issues

Many carriers are running into obstacles when registering for Motus. The most frequent issue is not being able to claim DOT numbers, and the most common reason for this is that the carrier didn’t update its information before the deadline.

For example, only the company official can claim your USDOT number. This means that if your company official left earlier this year and you didn’t update this information in your portal, then you won’t be able to claim your USDOT number.

If you’re struggling to get your Motus account set up or claim your USDOT number, you must contact FMCSA at 800-832-5660. FMCSA will only work directly with the motor carrier at this point. Once you have set up your account, you can then grant permissions to other individuals — both within and outside of your organization.

Motus watchouts

Motus gives you more control over your registration, but it also puts more responsibility on you. For example, Motus has simplified applying for operating authority, but knowing which authority your company needs remains unclear. Obtaining the incorrect authority type can be costly, and making mistakes on your application can lead to long delays.

Without the correct authority in place, you may run into:

• A delay in approval, which would lead to a delay in beginning operations.
• Additional application fees, as you may need to reapply.
• Compliance issues, which could lead to expensive fees, audits, or even being placed out of service.

Key to remember: FMCSA has rolled out the first phase of Motus, which aims to streamline and simplify compliance, but it also comes with a few additional challenges for motor carriers.

Next steps for commercial carriers

Commercial carriers and drivers who use the above-listed devices must stop using the devices and switch to paper logs or logging software to record their hours of service.

In addition, they must replace the devices with ELDs listed on the FMCSA’s ELD registry and begin using those compliant devices before the posted dates.

ELD providers who correct device deficiencies can be placed back on the list of registered devices. The FMCSA will inform the industry when revoked devices are compliant again.

ELD compliance standards

During the 60-day replacement period, the FMCSA has instructed safety officials to review affected drivers’ hours-of-service data using logging software, paper logs, or the ELD display.

After July 20, respectively, any motor carrier that continues to use the revoked devices will be considered operating without an ELD. Drivers will be placed out of service and cited for “No record of duty status” (395.8(a)(1)).

Review the full list of registered devices at https://eld.fmcsa.dot.gov/List.

What is a commercial motor vehicle (CMV)?

The definition of a CMV comes straight from 49 CFR 390.5. At a high level, a CMV is a vehicle used in interstate commerce that:

• Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
• Transports passengers above specific thresholds; or
• Requires placarding for hazardous materials.

Motor carriers often run into trouble with the weight threshold, especially when trailers are involved.

For example, a pickup with a GVWR – and actual weight – of 7,500 pounds isn’t a CMV on its own. But if a driver attaches a trailer with a GVWR of 3,000 pounds, the combined weight rating exceeds 10,001 pounds. At that point, the vehicle meets the CMV definition, and a driver becomes subject to the Federal Motor Carrier Safety Regulations.

What if a commercial driver only operates in intrastate transport?

Intrastate transportation requirements are set at the state level. Definitions of a CMV can vary, adding to the complexity. Some states follow the 10,001-pound federal threshold, while others align more closely with the 26,001-pound commercial driver’s license (CDL) standard — or fall somewhere in between.

Because of that, there’s no one-size-fits-all answer.

From a practical standpoint, many carriers adopt a consistent approach and qualify all drivers at the 10,001-pound threshold. That approach creates uniformity and helps prevent compliance gaps as operations evolve or expand across state lines.

What if a CDL driver’s medical card doesn’t appear on the motor vehicle record (MVR)?

The Federal Motor Carrier Safety Administration currently allows CDL drivers to carry a medical certificate for up to 60 days via an exemption issued through October 11, 2026. Carriers should still verify that certification appears on the MVR promptly.

In most cases, it shows up within a few days. If it doesn’t appear within about 5 days, motor carriers should:

• Check with the medical examiner for validation errors (often caused by mismatched driver data);
• If necessary, have the examiner resubmit the results to the National Registry; or
• Contact the state licensing agency to locate the record. When calling the state, carriers should ask to speak with someone in the CDL department directly. 

Most issues should be resolved when taking these steps.

Must a carrier give a CDL driver a road test?

Not always. A valid CDL can be accepted in place of a road test.

However, if the driver will operate equipment requiring a tanker, double, or triple endorsement, a road test will be required.

Even when not mandated, many carriers conduct road tests as a risk-management practice. It’s one of the few opportunities to confirm a driver can safely operate the specific equipment they’ll be assigned.

Must a driver be re-examined after an injury or illness?

Under 49 CFR 391.45(b), if a driver’s ability to perform normal duties is impaired by a medical condition, they must be re-evaluated and medically certified before returning to duty.

This includes conditions like heart attacks, seizures, or anything else that could affect safe operation.

If a carrier is aware of a potential issue, they have an obligation to act. Allowing a driver to continue operating without re-evaluation creates significant risk exposure.

Key to remember: Consistency in how you apply DQ requirements day to day is what ultimately keeps your program compliant and your risk in check.

Background

The complainant had applied for a job with a trucking company. During the hiring process and employment, the company conducted background checks and provided disclosure and authorization forms related to those checks.

The FCRA requires background check forms to be stand-alone documents. It states that before a background check, called a consumer report, can be ordered for employment purposes, a document that “consists solely of the disclosure that a consumer report may be obtained for employment purposes” must be provided to the applicant or employee.

The complainant alleged, however, that the forms provided by the trucking company violated the FCRA because they:

• Were confusing,
• Contained extraneous information, and
• Didn’t comply with the law’s standalone disclosure requirements.

He filed a class action on behalf of applicants and employees who allegedly received noncompliant disclosure and authorization forms before background checks were obtained. A trial court initially certified the class, but later, relying on another California case, Limon v. Circle K Stores Inc., the employer argued the class should be decertified because the driver couldn’t show a “concrete injury” or actual harm from the alleged FCRA violations. The trial court agreed and decertified the class. An appeal was filed.

Appellate court’s decision

The California Court of Appeal reversed the decertification order and held that:

• The FCRA allows recovery of statutory damages for willful violations even when no actual harm or concrete injury can be proven; and
• A violation of the employee’s statutory rights under the FCRA is enough to establish standing in California state court.

The court emphasized that Congress intentionally created statutory damages under the FCRA to allow claims even where measurable harm couldn’t be shown. It also rejected the reasoning from Limon, concluding that the earlier case interpreted the statute too narrowly.

The appeals court sent the case back to the trial court for further proceedings.

Employer takeaways

Despite this ruling coming from a California appeals court, the FCRA is a federal law, so employers nationwide should view this case as a reminder that FCRA compliance matters.

The case shows that:

• Employers may face FCRA class actions even when applicants or employees can’t show actual harm or financial loss.
• Background check disclosure and authorization forms should be reviewed carefully for strict compliance with the FCRA’s standalone disclosure requirements.
• Forms should be clear, concise, and free from unrelated or extraneous information.
• Employers using background checks should audit onboarding packets and vendor-provided forms regularly.

Key to remember: A ruling from a California appeals court should serve as a reminder to employers nationwide that FCRA forms must be clear and concise.

Local minimum wage changes

Some cities and counties raise their minimum wage on July 1. Employers in these communities should be ready to display updated posters:

California

• Alameda
• Berkeley
• Emeryville
• Fremont
• Los Angeles
• Los Angeles County
• Malibu
• Milpitas
• Pasadena
• San Francisco
• Santa Monica
• Santa Rosa
• West Hollywood

Illinois

• Chicago
• Cook County

Maryland

• Howard County
• Montgomery County

Minnesota

• St. Paul

Key to remember: Some states, cities, and counties make mandatory mid-year posting changes. Employers should be ready to display the updated posters.

Reactive or proactive…that is the question

A key shift many organizations must make is moving from a “safety cop” mindset to a “safety coach” approach. Reactive leadership tends to emerge only after an incident occurs, focusing on enforcement and documentation. Proactive leadership intervenes before someone gets hurt by asking questions, listening to employees, identifying hazards early, and working together to fix issues. When safety happens with employees instead of to them, engagement and accountability increase.

That shift begins with upper management who sets the tone, provides resources, and signals what truly matters. True commitment is demonstrated by where leaders focus their time, how visible they are, and how they behave day to day. When safety is linked to business goals such as productivity, quality, and cost control, it becomes part of how decisions are made rather than a competing priority.

Actionable goals for upper management include:

• Link safety to business performance by tying injury trends, near miss data, and hazard correction rates to cost savings and productivity.
• Include safety in leadership key performance indicators and reviews, so leaders are held accountable for participation and results.
• Be visibly involved in safety walks, toolbox talks, audits, and frontline conversations.
• Shift focus to leading indicators such as training participation, near miss reporting, and corrective action closure.
• Recognize proactive safety success, not just react to incidents after they occur.

When senior leaders consistently show these behaviors, they give frontline managers the confidence and support to focus on preventing problems instead of reacting to them.

Safety culture improves when employees help shape it

Safety culture is realized at the employee level. Frontline managers are the bridge between leadership intent and workforce action. Employees are far more likely to engage when they see leaders listen, follow through, and set clear expectations.

Actionable goals for engaging employees include:

• Lead by example every day by consistently following safety rules, procedures, and PPE requirements.
• Involve employees early in hazard assessments, process changes, equipment trials, and pilot programs.
• Define specific, observable safe behaviors for each role instead of using blanket safe work practices and vague messages like “be careful.” •Integrate safety into daily routines such as shift huddles, job planning, and production meetings.
• Make reporting easy and safe with simple tools, anonymous options if needed, and zero tolerance for retaliation.
• Recognize and reinforce safe behaviors through immediate verbal feedback and formal recognition programs.
• Empower stop work authority and openly support employees who speak up when something isn’t safe.

Training reinforces these efforts when it is practical, hands on, and continuous. Adults learn best through real world application, discussion, and reinforcement, not annual check the box training alone. Short toolbox talks, demonstrations, and regular reminders keep safety relevant and actionable.

As you consider your organization’s safety leadership, remember that when leaders support frontline managers who stay connected to their teams, safety is built into how work gets done.

Other exit signage requirements to consider

The International Fire Code (IFC) was not adopted by OSHA; however, it’s likely to be referenced by local fire marshals. The IFC states, “Exit signs are not required in rooms or areas that require only one exit or exit access.” Generally, a room or area that holds fewer than 50 people is permitted to have only one exit. These rooms are typically smaller with an exit that is close and obvious, so an exit sign shouldn’t be needed inside the room. For example, individual offices, small conference rooms, storage rooms, and bathrooms usually don’t have exit signs because the way out is obvious.

Additional requirements for office exits require they:

• Are free of obstructions. No materials or equipment may be placed, either permanently or temporarily, within the exit route.
• Are arranged so that employees aren’t required to travel toward a high hazard area unless the path of travel is effectively shielded from the high hazard area by suitable partitions or other physical barriers.
• Don’t pass through a room that can be locked, such as a bathroom, to reach an exit or exit discharge, or lead into a dead-end corridor.
• Are adequately lighted so that an employee with normal vision can see along the exit route.
• Have each exit route door be free of decorations or signs that obscure the visibility of the exit route door.

Key to remember

When considering exit signs for smaller offices, employers must determine the size of the room, path of travel to an exit, and how obvious the exit would be based on room size. Generally, a room intended to hold fewer than 50 people is permitted to have only one exit and would not require an exit sign.

Free PPE or Not

OSHA (Occupational Safety and Health Administration) has rules requiring employers to give their employees protective gear, like hard hats, gloves, goggles, and safety shoes if needed to keep them safe at work. These rules are in place to prevent injuries and illnesses. However, it's worth noting that not all these rules say that the employer must provide the gear for free.

Right to Use PPE

OSHA's PPE standards do not allow employees to waive their right to use PPE. However, if an employee has a medical condition that would make them eligible for protection under the Americans with Disabilities Act, the employer would be expected to make reasonable accommodations that do not compromise safety.

OSHA also addresses the refusal to wear PPE due to religious beliefs in a specific directive. There is no indication that OSHA would accept a signed waiver from an employee who refuses to wear necessary PPE or follow other safety rules.

Medical Accommodations

When it comes to accommodating an employee who states they cannot wear personal protective equipment (PPE) due to a medical reason, employers must engage in an interactive process to determine if a reasonable accommodation can be made. The employer should work with the employee and, if necessary, consult with medical professionals to assess the situation.

The goal is to find a solution that allows the employee to perform their job safely while considering their medical condition. However, it's important to note that the accommodation must not pose an undue hardship on the employer or compromise the employee's or others' safety in the workplace. Each situation is unique, so employers should consult with legal counsel or compliance experts to ensure they follow the appropriate guidelines and regulations.

Allergies to PPE

When employees are allergic to the available materials for required personal protective equipment (PPE), employers should take the following steps to address the situation:

1. Assess the Allergy: Employers should gather information about the specific allergy and its severity. This may involve consulting with medical professionals or requesting documentation from the employee's healthcare provider.
2. Explore Alternative Options: Employers should work with the employee to identify alternative materials or PPE types suitable for their allergy. This could involve researching and sourcing different hypoallergenic PPE products or made from materials the employee is not allergic to.
3. Test and Evaluate: Before implementing any alternative PPE, it's important to conduct testing and evaluation to ensure that the new materials do not cause an allergic reaction for the employee. This may involve conducting patch tests or having the employee try out different options under controlled conditions.
4. Document Accommodation: If an alternative PPE solution is found, employers should document the accommodation process, including the steps taken, the alternative PPE selected, and any agreements reached with the employee. This documentation helps demonstrate compliance with regulations and records the accommodation made.
5. Ongoing Monitoring: Employers should regularly monitor the employee's condition and the effectiveness of the alternative PPE. Any issues or changes should be addressed promptly to ensure the employee's safety and well-being.

Employers need to consult with legal counsel or compliance experts to ensure they are following the appropriate guidelines and regulations when accommodating employees with allergies to PPE materials.

Key to Remember

Getting employees to wear PPE continues to be challenging, with over 70% of participants saying they have employee PPE compliance issues. Employers must figure out if, in fact, compliance issues may instead be needs for accommodations or exceptions.

What is “chip guarding”?

“Effective chip guarding” means any method or equipment which will prevent a chip or particle (of whatever size) from being blown into the eyes or unbroken skin of the operator or other workers.

Effective chip guarding may be separate from the air nozzle as in the case where screens or barriers are used. The use of protective cone air nozzles are acceptable in general for protection of the operator, but barriers, baffles or screens may be required to protect other workers if they are exposed to flying chips or particles.

What about the psi requirement?

The regulation requires the psi at the nozzle to be less than 30 when using compressed air for cleaning.

However, OSHA has said in interpretive guidance that the use of compressed air for cleaning purposes at pressures at or greater than 30 psi is permissible if the outlet or source is fitted with a relief device or air ports that drop the pressure to less than 30 psi if the flow is dead-ended.

What about cleaning clothing/bodies?

While the regulation does not specifically address the issue, in a letter of interpretation OSHA said that employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.

The dangers

There are numerous dangers of improperly using compressed air:

• Embolism: If compressed air enters the bloodstream through a body opening or skin break, it can create an embolism (air bubble) that can be life threatening.
• Eye damage: Particles that are being blown can “blow back” and strike the eyes. The air itself can also cause injury if it is pointed toward the eyes.
• Hearing loss: Some compressed air equipment can be loud enough to damage hearing. Always wear proper PPE.
• Combustible dust: If compressed air is used to blow certain dusts, it can create a suspension in the air that could ignite if there is an ignition source.
• Respiratory: Particles or air can enter the respiratory system, posing deadly hazards.
• Whips: If not properly secured, hoses can whip and cause severe injury.

Workers must be trained that even extremely low pressures, such as 5 or 10 psi, can still cause severe damage if pointed toward the body, particularly the mouth, eyes, ears, or open areas in the skin.

Employers should train employees on the dangers of compressed air, and ensure the equipment is equipped with the necessary safety features and is properly maintained.

Supervisors should watch for improper use, particularly horseplay, and initiate corrective action. In addition, for many applications, a broom or shop vacuum may be just as effective at cleaning, and much safer. Compressed air may seem harmless, but if strict safeguards and practices are not utilized it can be deadly.