Oh no, an ELD malfunction! What you need to do in 5 easy steps

Be prepared

A sudden snowstorm can quickly turn into an emergency situation during the winter months. Drivers should make sure their vehicles are stocked with a winter survival kit and basic emergency supplies. In addition to the items that should be in their vehicle at all times (warning devices, jumper cables, tool kit, first aid kit), they should also carry the following items:

• A snow brush and scraper for clearing ice and snow;
• A shovel and traction devices (tire chains, sand, kitty litter) to help free a vehicle that becomes stuck in snow or ice;
• A brightly colored cloth to increase visibility if stranded;
• Warm blankets or a sleeping bag for protection from the cold;
• Extra food, water, and any necessary medications; and
• Additional winter clothing, including a coat, gloves, hat, and boots.

What to do if stranded

Even the most prepared drivers can find themselves stranded during severe winter weather. Knowing what to do is key to driver safety.

The most important rule is to stay in the vehicle. Unless help is clearly visible and within a short distance, leaving the vehicle can be extremely dangerous due to limited visibility, blowing snow, and the risk of becoming disoriented. If able to safely do it, the driver should hang a brightly colored cloth outside the vehicle to signal for help.

To stay warm, the engine and heater should run for about 10 minutes each hour. The driver should crack a window and keep the exhaust pipe free of snow to prevent carbon monoxide poisoning.

Retaining body heat is important to avoid hypothermia, a condition brought on when the body’s temperature drops to a dangerously low level. Symptoms of hypothermia include uncontrollable shivering, slow speech, memory lapses, and drowsiness.

Drivers can conserve body heat by wearing layers, using blankets or sleeping bags, and keeping their hands and feet warm. Simple movements, such as clapping hands and moving arms and legs, can also help maintain circulation until help arrives.

Key to remember: Now is the time to review winter survival tips with your drivers. Taking proactive steps today can help prevent problems when winter storms hit.

Interstate authority vs. Texas intrastate authority

Understanding the difference between interstate authority and Texas intrastate authority is integral to understanding what a carrier needs before operating in Texas. The USDOT number and the Texas Department of Motor Vehicles (TxDMV) number serve different purposes:

• USDOT numbers are the carrier’s federal safety identifier and are used to track information such as inspections, crashes, and compliance history; and
• TxDMV numbers and the related Texas registration certificate demonstrate that the carrier is registered with the state to make intrastate movements.

Because the two credentials aren’t interchangeable, a carrier with a USDOT number and federal operating authority may still need to register with the TxDMV. The key question is: Does the carrier perform any regulated movements that both originate and terminate within Texas?

When do you need to register with the TxDMV?

Texas generally requires the following intrastate vehicles and operations to have and display a USDOT number and to register with TxDMV for intrastate authority:

• Private and for-hire vehicles, or combinations of vehicles, with a gross weight or gross weight rating exceeding 26,000 pounds when used to transport cargo in furtherance of a commercial enterprise;
• For-hire vehicles used to transport household goods, regardless of gross weight rating;
• Vehicles, including buses, designed or used to transport more than 15 passengers, including the driver;
• Commercial school buses;
• Vehicles used to transport hazardous materials in a quantity requiring placarding; Vehicles operated by a foreign carrier;
• Foreign-domiciled buses; and/or
• Vehicles owned or controlled by a person who isn’t a U.S. citizen or doesn’t reside in the United States.

Applying for Texas intrastate authority

Application for authority can be completed online. Call (800) 299-1700 to begin the registration process over the phone and obtain a Unique Identifier Number (UIN). Once a UIN has been assigned, use the online Motor Carrier Credentialing System (MCCS) at https://apps.txdmv.gov/apps/mccs/motorcarrier/.

Registration isn’t a one-time administrative task

Once a carrier receives its certificate of registration, it must maintain that status by doing the following:

• Review its principal business address, mailing address, and email address in the department’s online system every 6 months;
• Maintain required insurance filings;
• Keep its vehicle listing current; and
• Retain the insurance cab card at its principal place of business, and make sure the correct copy is carried in each covered vehicle.

Just like at the federal level, changes in vehicle size, passenger capacity, cargo, routes, ownership, or operating status could trigger a fresh review of the carrier’s registration obligations.

Limitations

• Dangerous Goods Carried by Passengers or Crew (2.3)— Provisions for battery-powered mobility aids have been revised to include reference to the guidance on the end-to-end processes associated with the carriage of mobility aids.

Packing

The following packing instructions have been updated:

• 5.2.0.9 - Added a water capacity limit for non-refillable cylinders containing a flammable gas, limited to a water capacity not exceeding 1.25 L.
• PI 952 - Revised to include reference to "equipment."
• PI 954 - Clarified the rules for marking overpacks containing dry ice. The total net quantity of dry ice in the overpack must be marked on the outside of the overpack.

Packaging specifications and performance tests

• 6.0.3 - Clarified the requirements and formatting for UN specification marks on packages.

Documentation

• 8.1.6.9.2, Step 6 – Added a note to "reinforce that there is no requirement for the type, number and net quantity in inner packagings within the outer packaging of a combination packaging to be shown" on the shipping papers (Shippers Declaration for Dangerous Goods).

Radioactive materials

• 10.8.3.9.1—Added an additional example of the description for the first sequence of information on the Shipper's Declaration to address where a radioactive material has a subsidiary hazard, and the proper shipping name must be supplemented by the technical or chemical name.
• 10.8.6—Added two examples to show how radioactive materials with a subsidiary hazard should be described and how packages in an overpack should be shown.

Appendices

IATA has added a new appendix to the list of appendices in the DGR. Appendix H includes a list of changes IATA will make to the 2025 IATA DGR. IATA added Appendix H so that shippers and carriers have time to prepare for the substantial updates that are coming for 2025. Some of the changes include:

• Adding an exception for data loggers and cargo trackers with installed lithium batteries.
• Modifying the exception for COVID-19 vaccines to now apply to all pharmaceutical products.
• Adding a new classification for sodium ion batteries.
• Updating the list of dangerous goods and special provisions.
• Amending and adding several packing instructions.
• Revising the "lithium battery mark", which will be known as the "battery mark" in the future.

Making sure you are keeping up with these regulatory changes and preparing for future updates is extremely important if you want to avoid costly delays, fines, and lost revenue. Keep your hazmat employees up to speed and inform them of any changes they need to be aware of.

Key to Remember: IATA updates their DGR every year and changes to the 2024 IATA DGR become effective on January 1, 2024.

It’s incredibly dangerous

There are many reasons truck and bus drivers should never park on an exit or entrance ramp.

It’s usually illegal. Despite “soft” enforcement, drivers can be cited for violating 49 CFR 392.2 when a state or local law prohibits stopping or parking on an exit or entrance ramp. As just one example, under Tennessee regulations:

“No person shall stop, park, or leave standing any commercial motor vehicle, whether attended or unattended, upon the paved or main-traveled part or the shoulder of any highway on/off ramp outside of a business district.”

It’s downright dangerous for everyone. It creates limited visibility and limited room for other drivers (who may be traveling 60-70 mph) to navigate the ramp. Trucks may need to slow rapidly to get into position on an off-ramp, further putting other drivers at risk. In addition, the trucks’ drivers may need to walk on the shoulder to get to a restroom or other services, putting their own lives at risk.

A lack of planning

Drivers park on ramps because they or their dispatchers did not plan ahead to find a safer place to park before running out of hours. After the Illinois crash, the truck driver told the media he was 15 minutes from his destination when he reached the 11-hour driving limit and needed to stop.

To avoid a similar fate:

Adopt a policy. If you haven’t already, adopt a written policy against stopping or parking on the shoulder of a highway except in emergency situations. Make it clear that running out of hours is not an “emergency.”

Plan ahead. Drivers and dispatchers must plan ahead to avoid running out of hours and out of time to find parking. A nationwide shortage of parking is a known issue, so lack of parking is no excuse for violating the law or company policy. Drivers must plan ahead and start looking for parking well before it becomes an urgent need.

Tell drivers what you want them to do in that situation. Drivers who find themselves out of hours and tempted to stop on a ramp should be instructed on what your company expects them to do. One suggestion: continue driving until they find a safer (and legal) place to park, preferably off the highway. Exceeding the hours-of-service limits by a small amount is ultimately safer than stopping on the shoulder. If there is absolutely no alternative to parking on a ramp, choose an on-ramp (where speeds are slower) rather than an exit ramp.

Stress the need to warn others. Under 392.22, drivers who stop on the shoulder must immediately activate their emergency flashers and then place their reflective triangles or flares within 10 minutes. There’s no exception for exit or entrance ramps.

Compliance and safety

Drivers must not only comply with the hours-of-service limits but also help ensure highway safety for everyone. Make sure your drivers plan ahead and avoid parking on ramp shoulders at all costs. They just may prevent a tragedy.

Key to remember: A recent fatal crash highlights the need to remind your drivers about the perils of trying to park on a highway entrance or exit ramp.

Is there an exception?

There’s a limited exception for certain intermittent or reduced schedule leaves. If the need for leave is foreseeable because of planned medical treatment, or if the employer agrees to intermittent or reduced schedule leave for bonding with a healthy child, the employer may temporarily transfer the employee to an available alternative position. The employee must be qualified for the position, however, and the position must better accommodate the recurring leave than the employee’s regular job.

This exception doesn’t apply when the leave is unforeseeable, such as during episodic flare-ups related to a chronic condition.

When the employee requests a different arrangement

The FMLA doesn’t prohibit employers from agreeing to an employee’s request for a different shift, schedule, or position when the employee returns from leave. However, employers may not pressure or require the employee to accept a different position against the employee’s wishes.

Applies to any accommodation

This rule applies to any workplace accommodation. For example, in lieu of leave, an employer may not require an employee to:

• Work from home,
• Use modified equipment, or
• Accept changes to a workstation.

No undue hardship defense under the FMLA

Unlike the federal Americans with Disabilities Act, the FMLA doesn’t include an undue hardship defense. This means that employers may not deny FMLA leave because the employee’s absence creates staffing challenges, affects productivity, or burdens a department.

Key to remember: If an employee is entitled to FMLA leave, the employer may not require the employee to accept an accommodation instead of taking that leave.

Build the relationship before it's needed

The best time for organizations to meet with local responders isn’t during an emergency. Facility tours, pre-incident planning meetings, and joint exercises allow both sides to learn from one another. Responders can become familiar with facility layouts, hazards, and access procedures. Facility personnel can better understand responder capabilities, equipment, and response expectations.

These conversations also help identify potential issues before they become problems. Questions about after-hours access, communication protocols, command structure, specialized hazards, or monitoring capabilities are much easier to answer during a planning meeting than during an active emergency.

Perhaps most importantly, these interactions build trust and familiarity, both of which can improve communication when pressure is high.

Why familiarity matters

When responders arrive, they often need information quickly to make critical decisions. The more they know beforehand, the more effectively they can respond. During an emergency, responders don't have time to learn the facility from scratch.

Consider some of the questions they may need answered:

• Are there gates, badge-controlled doors, or other security measures?
• Are there any areas with restricted access?
• What hazardous materials are onsite, and where are they located?
• Which utilities, fire department connections (FDCs), or processes may need to be shut down?
• Who has authority to make decisions during the incident?
• Which employees have specialized knowledge of equipment, chemicals, or operations?
• How can responders access the facility after normal business hours?

Without those answers, valuable time can be spent gathering information instead of managing the emergency.

The relationship goes both ways

Organizations sometimes assume responders have every resource they might need. In reality, responder capabilities can vary by jurisdiction, equipment availability, and specialized training.

For example, a local department may have standard atmospheric monitoring equipment but may not carry instruments designed to detect every chemical present at a facility. Certain incidents may require additional resources, technical expertise, or support from a regional hazmat team.

Understanding those capabilities and limitations before an emergency occurs helps both organizations and responders establish realistic expectations, identify resource gaps, and avoid surprises when an incident occurs.

Don't rely on paperwork alone

Many organizations already share hazard information through regulatory programs. Facilities subject to EPCRA requirements may provide chemical inventory information that helps emergency planners understand potential community hazards, but that information doesn't replace direct conversations and site familiarity.

Responders also benefit from information such as facility maps, building access points, utility shutoff locations, hazardous material storage areas, emergency contacts, and site-specific response considerations.

Responders don't need every document an organization has ever produced. What helps most is having key information organized, accessible, and available before an emergency occurs.

Strengthen the partnership

To strengthen relationships with local emergency responders:

• Arrange facility tours to familiarize responders with the site;
• Review emergency plans, major hazards, and available resources together;
• Confirm after-hours access procedures;
• Identify primary and backup emergency contacts;
• Provide updates when processes, layouts, or chemical inventories change; and
• Conduct joint drills or exercises.

Key to remember: First responders shouldn't be learning about a facility during an emergency. The best emergency responses are built on relationships, communication, and shared understanding long before 911 is called.

2 Feet

There are two circumstances where the number 2 comes into play.

• Spoil piles must be at least 2 feet from the edge of an excavation or trench provided the surface is able to support such a load.
• If using a trench box or other engineered protection system, the bottom of the protection system cannot be more than 2 feet above the bottom of the trench or excavation.

4 Feet with 25 feet

Four feet is the trench or excavation depth that triggers the requirement to have a means of egress such as a ladder. Depending on the length of the trench/excavation, the maximum travel distance to or between egress points is 25 feet.

5 Feet

A protective system is required for trenches and excavations 5 feet deep or deeper unless a competent person determines the excavation is entirely in stable rock.

6 Feet

If employees are working near the edge of a trench/excavation with a depth of 6 feet or more, then fall protection/prevention is required.

20 Feet

If the depth of a trench/excavation is greater than 20 feet, then the protective system must be designed and approved by a professional engineer. While this number quiz does not encompass every aspect of trench/excavation safety, it may help reinforce key concepts before the first scoop of soil is moved. Remember to follow specific jobsite requirements for each trench and excavation.

Hotline complaint leads to investigation, report

The OIG’s investigation stemmed from a September 2025 hotline complaint alleging OSHA had performed a planned program inspection on the complainant earlier that year even though the complainant’s business was allegedly exempted by OSHA’s appropriations rider. A recurring congressional appropriations rider generally prohibits OSHA from using appropriated funds for enforcement activities involving employers that have 10 or fewer employees and operate in designated low-hazard industries. However, the agency can still inspect an otherwise-exempt employer in certain circumstances, including:

• Health hazards;
• Fatalities, or hospitalizations of two or more employees;
• Imminent danger; and
• Complaints from current employees.

In response to the complaint, the Inspector General reviewed OSHA Information System (OIS) inspection data from November 8, 2024, through January 21, 2026. (The review did not include supporting case files.) The analysis found OSHA initiated and closed 621 inspections that met the exemption criteria. Of those, the report says 140 clearly involved a permissible exception, while:

• 201 had insufficient OIS data demonstrating an exception applied, and
• 280 had no permissible exceptions supported by OIS data.

These issues, the OIG states, may have stemmed from control weaknesses in OSHA guidance and issues with data reliability: “Therefore, OSHA may have conducted 481 impermissible inspections that did not comply with its appropriations acts.”

Following a preliminary review of 27 case files, OSHA found four that did not meet any exceptions allowed under its appropriations acts. The agency also found coding errors with the other 23 inspections. OSHA officials indicated the overall issue was likely due to coding errors rather than impermissible inspections and stated it would need to perform an in-depth review of case files to confirm. The Inspector General noted that this raises concerns about overall data reliability and that both issues (i.e., coding errors, impermissible inspections) warrant immediate attention from agency management.

OSHA pushes back on findings

In response to a draft of the September 24 memo, OSHA officials disagreed with the findings, citing the Inspector General’s lack of familiarity with the OIS and its data fields and its limited review of the inspection information for each inspector or investigation as the reason for its “unsupported conclusions.” The agency also argued that the OIG did not adequately account for OSHA’s procedures, management reviews, or the fact that inspectors sometimes need to begin an investigation to determine whether the exemption or an exception applies.

OIG recommendations to OSHA and DOL

The Inspector General stated that, ultimately, OSHA’s response did not change the OIG’s conclusion, and four recommendations were made to OSHA:

1. Review all 481 identified inspections to determine whether they complied with the appropriations acts and take appropriate action based on the results.
2. Establish adequate controls to prevent impermissible inspections and to document permissible exceptions in both the OIS and case files.
3. Update guidance to specify which employee-related field to use when determining if enforcement exemptions and limitations apply under OSHA’s appropriations acts.
4. Improve OIS data accuracy through data-entry controls and validation against case-file documentation.

The Inspector General also recommended that the Secretary of Labor conduct an investigation to determine whether OSHA failed to comply with the Antideficiency Act. The OIG noted that if the DOL ultimately determines that a violation occurred, federal law requires reporting to the President and Congress, with a copy provided to the Comptroller General.

OSHA’s consideration of the recommendations is ongoing, and the OIG says it looks forward to continuing its work with OSHA “to ensure planned corrective actions meet the intent of our proposed recommendations.” It should be noted that the Inspector General did not audit supporting case file documentation and therefore drew no conclusions on whether OSHA complied with its appropriations acts.

Key to remember: A DOL OIG investigation found that OSHA may have conducted certain small employer inspections that did not comply with its appropriations acts. OSHA disputes the findings, and its review of the cases and the OIG’s recommendations is ongoing. For employers, the Inspector General’s report is a reminder that some small employers in low-hazard industries may be subject to special limits on OSHA enforcement.

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.

Reclassification impacts downstream chemical users

According to 1910.1200(j), chemical manufacturers, importers, and distributors evaluating substances (see the definition in 1910.1200(c)) based on the new classifications had until May 19, 2026, to:

• Reclassify the substances under revised criteria,
• Update their safety data sheets (SDSs) and shipping labels for these substances, and
• Otherwise be in compliance with all the modified provisions of the standard for those substances.

Hazard classification is the process of identifying a chemical’s hazards and determining how severe those hazards are. Chemical manufacturers and importers use 1910.1200(d), along with Appendix A (for health hazards) and Appendix B (for physical hazards) to make these determinations. When OSHA aligned HazCom with Revision 7 of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in 2024, the agency revised its classification categories for aerosols, desensitized explosives, and flammable gases.

Once a classification is determined, it dictates the warnings, pictograms, hazard statements, and other safety and health information that must appear on SDSs and shipping labels. OSHA explains that the classification should provide downstream users with sufficient information to perform a hazard assessment specific to their own workplace and to understand how employees must use the chemical product there.

How the November 20 deadline impacts employers

Employers who purchase substances that are aerosols, desensitized explosives, and flammable gases will receive (or may already have received) revised SDSs and see updated container labels with their shipments.

In addition, according to 1910.1200(j), all employers must, as necessary:

• Update any alternative workplace (in-house) labeling per 1910.1200(f)(6);
• Update their HazCom training program required by 1910.1200(h)(1); and
• Provide additional employee training in line with 1910.1200(h)(3) for newly identified physical, health, or other hazards covered by the standard.

Employers will also need to retain any new SDSs they receive. However, if they have not purchased new inventory, they’re not required to contact the manufacturer, importer, or distributor for a new SDS. Still, an employer may proactively request new ones from their suppliers anyway.

Further HazCom compliance dates in paragraph (j)

Chemical manufacturers, importers, and distributors evaluating mixtures (as defined in 1910.1200(c)) based on the new classifications have until November 19, 2027, to reclassify them based on the new criteria, update their SDSs and shipping labels, and otherwise be in compliance with all the modified provisions of the standard for those mixtures.

Also, for mixtures, employers have until May 19, 2028, to update any alternative workplace labeling, update their HazCom training program, and provide additional employee training for newly identified physical, health, or other hazards.

Key to remember: OSHA paragraph (j) to 1910.1200 has several compliance dates for chemical manufacturers, importers, distributors, and employers. One date has already passed, and the next one (November 20, 2026) applies to employers. Two more are slated for November 19, 2027, and May 19, 2028.

Employers can make a positive impact

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 abusive situation, the one place the abuser knows 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.

When survivors of domestic violence don't know their workplace rights, and employers aren't familiar with the protections that exist, everyone can be left more vulnerable.

Research from Futures Without Violence shows that this knowledge gap is significant. In a 2025 survey, 53 percent of survivors said they chose not to disclose abuse to their employer because they feared discrimination, retaliation, or losing their job. Additionally, 71 percent said they didn’t know whether their local or state laws offered employment protections for workers experiencing domestic violence, dating violence, sexual assault, or stalking.

Time off

Federal law doesn’t currently require or regulate vacation pay, holiday pay, or other paid time off (PTO). Some states and cities, however, have adopted laws for paid sick leave or other PTO.

While there’s no current federal law that requires a company to provide paid vacation, it may be required to provide other types of leave, whether paid or unpaid, in certain situations. Several states require paid sick leave, and several others require unpaid but job-protected leave for victims of domestic violence.

Virginia, for example, has a new paid sick leave law that takes effect on July 1, 2027. This law specifies that employees may take paid time off related to domestic violence, sexual assault, or stalking of the employee or family member, among other leave reasons.

What else can employers do?

Aside from complying with requirements under state or local laws, employers could consider implementing company training — similar to sexual harassment prevention training — to educate workers on what domestic violence is and how the company can support victims.

This could be done by:

• Promoting a company’s employee assistance program,
• Connecting employees with community resources, or
• Allowing employees flexibility with their schedules to attend court hearings or deal with other related issues.

Employers can also encourage victims to come forward to HR or their supervisors. That way those working at the front desk can keep an eye out for the perpetrator and/or prohibit them from entering the building. An employer could also have the perpetrator’s calls blocked, or reach out to local law enforcement for additional support if needed.

Shining a light on domestic violence and encouraging employees to share concerns with employers can help protect everyone.

Key to remember: October is Domestic Violence Awareness Month. Employers can support employees who are being victimized and create safer workplaces for all.