On-site FMCSA audits are back, with expensive results

What is used oil?

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

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

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

Used oil becomes hazardous waste if:

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

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

EPA requirements for used oil disposal

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

1. Storage Requirements

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

2. Transportation and Disposal

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

Used oil must be:

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

3. Spill Prevention and Cleanup

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

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

OSHA regulations for handling used oil

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

1. Personal Protective Equipment (PPE)

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

2. Hazard communication (HazCom) program

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

3. Fire and Explosion Safety

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

State-Specific used oil disposal regulations

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

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

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

Staying compliant with used oil disposal requirements

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

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

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.

Who’s impacted?

The Third Rule impacts entities subject to RCRA’s manifest regulations. This article focuses on the manifest correction rules that apply to these waste handlers:

• Small and large quantity generators,
• Transporters, and
• TSDFs.

Note that the final rule amends post-manifest correction regulations for other entities, such as exporters, that are beyond the scope of this article.

What are the Third Rule changes?

EPA’s final rule maintains most of the post-receipt manifest data corrections process.

What’s the same?

Specifically:

• Any waste handler named on the manifest may voluntarily submit data corrections at any time,
• Waste handlers can make an unlimited number of voluntary corrections,
• Corrections may be applied to an individual record or batch of them, and
• Submissions must include a signature that's compliant with the Cross-Media Electronic Reporting Rule (CROMERR).

What’s different?

Previously, when EPA or a state regulatory agency requested corrections to data on a manifest, waste handlers weren’t required to make them. The Third Rule now mandates that waste handlers:

• Correct errors on the manifest within 30 days of a corrections request from EPA or a state agency, and
• Make data correction submissions electronically for paper or electronic manifest records.

Post-receipt corrections are made via the Hazardous Waste Electronic Manifest System (e-Manifest) on the RCRA Information (RCRAInfo) system.

The Third Rule also clarifies that receiving facilities (TSDFs) can make corrections only after the manifest is completed (i.e., signed and submitted to the e-Manifest system).

What’s the post-receipt manifest correction process?

Waste handlers submitting voluntary or mandatory post-receipt corrections to hazardous waste manifests must follow the process established at 40 CFR 264.71(l).

Follow this general process on the e-Manifest System:

• Certify that the manifest is complete. It must have the status “Signed-Completed."
• Determine how to submit the corrected data to the e-Manifest system. You can enter the data directly into e-Manifest or upload a file with data corrections to the system.
• Include for each correction submission:
  • The Manifest Tracking Number and date received by the facility associated with the data being corrected,
  • The Item Number(s) of the affected data fields on the manifest form (EPA Form 8700-22), and
  • The previously entered and corrected data.
• Save your corrections. The manifest’s status will change to “Under Correction."
• Re-sign the manifest to certify the corrections. The manifest’s status will change to “Corrected."

Manifest correction FAQs

Check out some top questions and answers about post-receipt manifest corrections.

What manifest information can I correct?

The type of waste handler your facility is considered determines which items on the manifest you can change for voluntary corrections or must change for mandatory corrections. Typically:

• Generators correct data in Items 1–15;
• Transporters correct data in Items 6–7, 14, and 17; and
• TSDFs correct data in Items 14 and 18–20.

What user role do I need on RCRAInfo to submit manifest corrections?

You must be registered in RCRAInfo as a user with the e-Manifest Certifier or Site Manager role for the facility’s site to submit manifest corrections.

What’s the CROMERR certification?

EPA requires manifest correction submitters to use a CROMERR-compliant electronic signature, which requires a higher level of identity proofing than the Quick Sign signature.

Can I revert to a previous manifest version?

Once the corrected manifest has been signed, you can’t revert it to a previous version. The e-Manifest system does, however, let you view all versions of the manifest.

Can brokers sign corrected manifests?

Although brokers can initiate a manifest correction for generators, they may not sign a corrected manifest unless they (a) operate at the generator’s facility and (b) can sign the manifest as an offeror of the waste shipment.

Key to remember: EPA’s Third Rule updates the process for making data corrections to RCRA hazardous waste manifests.

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

What happened?

Originally intended for construction waste disposal, the site eventually turned into a dumping ground for hazardous industrial materials. Investigations found plastics, asbestos, industrial chemicals, and carcinogenic substances illegally dumped, creating an environmental and public health hazard. These materials fuel fires, continuously releasing toxic smoke into the air. Residents have reported respiratory problems, skin irritation, and other health issues while authorities struggle to contain the situation. Even though this incident occurred in London, we can learn plenty of valuable lessons from it. Here’s how employers can take proactive measures to ensure compliance, protect workers, and prevent environmental harm.

1. Implement a robust hazardous waste management plan

A hazardous waste management plan should:

• Include waste classifications (reactive, corrosive, etc.) and an inventory of all hazardous materials used and generated;
• Ensure all storage and handling procedures, including labeling, segregation of incompatible waste, spill prevention, and containment measures, are followed;
• Document all waste accumulation and disposal methods, specifying the storage time limits for waste and the methods used for its disposal, such as incineration, recycling, or third-party handling; and
• Provide information on personal protective equipment (PPE) requirements, emergency contact information, reporting procedures, and an evacuation plan in case of a spill.

2. Train employees on hazardous waste handling

Train personnel on their roles and responsibilities when handling hazardous waste. Training should include:

• Initial and refresher training that complies with the Resource Conservation and Recovery Act (RCRA) and state laws,
• Identifying unsafe practices and reporting potential violations.

3. Conduct routine inspections and audits

• Perform internal audits to ensure compliance with RCRA regulations.
• Schedule third-party audits to identify risks and areas of improvement.
• Create a corrective action plan for any violations or inefficiencies discovered during audits.

4. Use licensed and certified waste disposal services

The primary reason behind illegal waste dumping is financial. We all know it is not cheap to dispose of hazardous waste, but waste generators are responsible for their waste from “cradle to grave.”

• Conduct due diligence to verify disposal methods to prevent third-party illegal dumping.
• Maintain records of manifest, disposal certificate, and compliance documentation.

5. Secure and label waste properly

• Labels should include “hazardous waste” clearly visible on the container, generator information, accumulation start date, proper shipping name, and waste identification.
• Store hazardous waste in compatible containers to prevent leaks or spills.

6. Reduce hazardous waste by using safer alternatives

One of the most effective ways to prevent hazardous waste incidents is to reduce reliance on them in the first place. By switching to safer alternatives, employers can lower their risk of exposure. Industries now offer eco-friendly coatings, adhesives, and cleaning agents that perform well without all the side effects. Safer alternatives also reduce compliance costs by lowering the burdens for hazardous waste disposal.

The disaster in London is a stark reminder of the consequences of negligent hazardous waste management. Businesses that cut corners on waste disposal risk legal penalties and contribute to long-term environmental and public health damage.  

Keys to remember: Employers can protect their workforce, comply with regulations, and prevent environmental disasters by adopting proactive waste management strategies.

1. 150-air-mile (CDL) exception

Who’s eligible? Drivers of property-carrying vehicles (“trucks”) that require a commercial driver’s license (CDL), and drivers of passenger-carrying vehicles (shuttles/vans/buses), who return to the starting location at the end of the day.

What are they exempt from? Standard grid-style logs (records of duty status), supporting documents (see 395.11), and 30-minute breaks (see 395.3(a)(3)(ii)).

What’s the maximum distance? 172.6 miles away from the reporting location (150 air miles) measured in a straight line in any direction.

What other conditions apply? On any day the exception is used, the driver must:

• Not drive a commercial motor vehicle (CMV) beyond the 150-air-mile radius,
• Return to the work-reporting location at the end of the day (unless classified as a driver-salesperson),
• Be completely off duty within 14 consecutive hours of the starting time, and
• Be off work for 8 (bus) or 10 (truck) consecutive hours before coming back on duty.

The driver remains subject to the daily limit of 10 (bus) or 11 (truck) driving hours and the weekly on-duty limit of 60 or 70 hours.

Which records are required? The motor carrier must have a record of the driver’s starting time, ending time, and total on-duty time for the day, and it must be retained for six months. “Driving” time does not need to be recorded separately from on-duty time, and drivers are not required to have records in the vehicle (though it is a recommended practice).

Where’s the rule? 49 CFR 395.1(e)(1)

2. 150-air-mile (non-CDL) exception

Who’s eligible? Drivers of property-carrying vehicles (“trucks”) that do NOT require a CDL and who return to the starting location at the end of the day.

What are they exempt from? Standard grid-style logs (records of duty status), supporting documents (see 395.11), 30-minute breaks (see 395.3(a)(3)(ii)), and — up to twice per week — the 14-hour limit (395.3(a)(2)).

What’s the maximum distance? 172.6 miles away from the reporting location (150 air miles) measured in a straight line in any direction.

What other conditions apply? On any day the exception is used, the driver must:

• Not drive a CMV beyond the 150-air-mile radius;
• Return to the work-reporting location at the end of the day (but does not necessarily need to go off duty); and
• Not drive after the 14th consecutive hour on at least five days out of any seven consecutive days, or after the 16th consecutive hour on up to two days out of seven.

The driver remains subject to the daily limit of 11 driving hours and the weekly on-duty limit of 60 or 70 hours, as well as the need for 10 hours off between shifts.

Which records are required? The motor carrier must have a record of the driver’s starting time, ending time, and total on-duty time for the day, and it must be retained for six months. “Driving” time does not need to be recorded separately from on-duty time, and drivers are not required to have records in the vehicle (though it is a recommended practice).

Where’s the rule? 49 CFR 395.1(e)(2)

3. 16-hour “big day”

Who’s eligible? Drivers of property-carrying CMVs who return to the reporting location daily.

What are they exempt from? The 14-hour limit (395.3(a)(2)).

What’s the maximum distance? None. Drivers must remain close enough to home base that they can return there before hitting the 16-hour limit (or any other limit).

What other conditions apply? This is the only short-haul exception with a “look back” requirement. On the day the exception is used, the driver must:

• Have returned to the starting location on the prior five work days (not including days off, and even if the driver got a 34-hour restart);
• Be back to the starting location and released from duty within 16 consecutive hours after the start of the day; and
• Only use the exception if it was not already used within the previous six consecutive days, unless the driver got a 34-hour restart.

The driver must also comply with the 30-minute break rule, the 11-hour driving limit, the 60/70-hour limit, and the need for 10 hours off.

Which records are required? The driver must use a standard grid-style log (395.8) and keep supporting documents (395.11). A driver cannot claim both this exception and one of the 150-air-mile exceptions on the same day.

Where’s the rule? 49 CFR 395.1(o)

4. Construction materials & equipment

Who’s eligible? Any driver primarily transporting construction materials and equipment. This means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project). Placarded vehicles are not eligible.

What are they exempt from? The need to remain off duty for 34 hours to restart the 60/70-hour limit. Instead, these drivers may get a restart with just 24 hours off.

What’s the maximum distance? 86.3 miles (75 air miles) away from the work-reporting location, measured in a straight line in any direction (though states are allowed to set the limit as low as 50 air miles for in-state-only operations).

What other conditions apply? Drivers remain subject to all other requirements: 10 hours off, 11 hours of driving within a 14-hour period, 30-minute breaks, and the 60/70-hour on-duty limit.

Which records are required? These drivers should qualify for a 150-air-mile exception as described above. Otherwise, a standard grid-style log and supporting documents are required (395.8 and 395.11).

Where’s the rule? 49 CFR 395.1(m)

5. Driver-salespersons

Who’s eligible? Any driver for a private carrier of property who:

• Is engaged both in selling goods*, services, or the use of goods, and in delivering (by CMV) the goods sold or provided or upon which the services are performed;
• Drives no more than half the total work hours; and
• Drives no more than 40 hours in any seven consecutive days.

*“Selling goods” includes soliciting or obtaining reorders or new accounts, or other selling or merchandising activities designed to retain customers or to increase the sale of goods or services.

What are they exempt from? The 60-hour/7-day or 70-hour/8-day limit.

What’s the maximum distance? 100 miles (not air miles) away from the work-reporting location, measured in a straight line in any direction.

What other conditions apply? Drivers remain subject to all other requirements: 10 hours off, 11 hours of driving within a 14-hour period, and 30-minute breaks.

Which records are required? These drivers should qualify for a 150-air-mile exception as described above. Otherwise, a standard grid-style log and supporting documents are required (395.8 and 395.11). Note that if a driver-salesperson wants to take advantage of the option to not return to the starting location when using the 150-air-mile exception in 395.1(e)(1), the driver must remain within a radius of 100 miles.

Where’s the rule? 49 CFR 395.1(c)

What’s an ‘air mile’?

An air mile (also known as a nautical mile) is a bit longer than the standard “land” (statute) mile tracked on a vehicle’s odometer. One air mile is equivalent to 1.15 miles on the road. Therefore:

• 100 air miles = 115.1 land miles, and
• 150 air miles = 172.6 land miles.

What’s an “air-mile radius”?

A radius is a straight line from the center of a circle to its edge. If a driver must remain within a 150-air-mile radius of the starting location, for example, then the driver may travel up to 172.6 miles away from that location, measured in a straight line (“as the crow flies”) in any direction. Because most roads aren’t built in a straight line, drivers and motor carriers must refer to a map — or better yet, an online mapping tool — to determine where the geographic boundary lies.

Note that a driver limited to a 150-air-mile radius is not limited to driving a specific number of miles within the radius. For example, a truck driver may drive much more than 172 miles in a day and still claim the 150-air-mile exception, as long as all driving (up to 11 hours) took place within the 150-air-mile radius.

Aren’t we exempt from other safety rules?

Most short-haul exceptions are tied to the hours-of-service rules only. Short-haul operations are NOT exempt from rules governing driver qualification files, vehicle markings, daily and annual vehicle inspections, cargo securement, insurance, licensing, drug testing, and many other safety mandates.

Key to remember: Short-haul and regional drivers who return home each day are eligible for certain exceptions from portions of the hours-of-service rules, though state requirements may vary.

Changes to the forms

The Medical Examination Report (MER) MCSA-5875, also called the "Long Form," and the Medical Examiner’s Certification (MCSA-5876), or the "Fed Med" card, were approved by the Office of Management and Budget on March 27, 2025. However, they were not available on the FMCSA website until April 1, 2025.

The changes include the new expiration date of March 31, 2028, and a revision date of March 27, 2025. The address in the Public Burden Statement at the top of the form was also updated. FMCSA reviews and updates these forms regularly, and the Office of Management and Budget must approve the final versions.

FMCSA expects medical examiners to start using the new forms as soon as possible, but they can still use their old forms with the 3/31/2025 expiration date until they run out.

CDL driver medical certification update

Another important update affects commercial driver’s licensed (CDL) drivers. By June 23, 2025, the process for updating CDL drivers’ medical certifications will be easier. By this date, all State Driver Licensing Agencies (SDLAs) must be connected to the National Registry of Certified Medical Examiners (NRCME). This system is where examiners enter medical certification information after each exam.

Each state will switch to the new process once their system can receive CDL driver medical certification information, which will then appear on the motor vehicle record (MVR). A copy of a CDL driver’s MVR must be in the driver’s qualification file after each exam.

FMCSA still requires a copy of a non-CDL driver’s medical card to be in the driver qualification file. This process is not changing for non-CDL drivers.

What’s changing by June 23, 2025:

• CDL drivers won’t need to self-certify their medical cards with the SDLA because this will be done through the NRCME to SDLA connection.
• Carriers won’t need to note that the examiner was on the NRCME on the date of the exam.

CDL drivers and carriers should check the SDLA websites for their transition dates and instructions on CDL driver medical certification.

What’s not changing on June 23, 2025:

• CDL drivers need to verify their driving type when they get a new CDL or Commercial Learner’s Permit (CLP), or when they upgrade or renew their CDL. They must choose one of the following:
  • Non-excepted Interstate (requires medical certification)
  • Excepted Interstate (DOT exam not required)
  • Non-excepted Intrastate (intrastate-only and medical certification required)
  • Excepted Intrastate (intrastate-only and DOT exam not required)
• Carriers must place a CDL motor vehicle record (MVR) in the driver qualification file after each exam. The number of days allowed for this may decrease from the current limit of 15 days.

Overall, carriers, CDL drivers, and medical examiners must understand how the medical certification changes will impact keeping medically qualified drivers on the road.

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!

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.

What is a split specimen?

When a driver gives a urine sample for the purposes of DOT drug testing, the collector will split the specimen into two separate containers. The container labeled as the primary specimen will be tested by the lab; the container labeled as the secondary specimen is only tested if the driver requests that it be tested after the primary specimen is verified as positive, adulterated, or substituted.

How does a driver request that the split specimen be tested?

When the medical review officer (MRO) contacts the driver about a verified positive, adulterated, or substituted test, the MRO will inform the driver of the driver’s right to have the split specimen tested. The driver then has 72 hours from the time of notification to request via the MRO that the split specimen be tested.

What happens while the split specimen is being tested?

Because the driver’s primary specimen was verified positive, adulterated, or substituted, the motor carrier should have already pulled the driver from performing safety-sensitive functions. The driver cannot resume driving while the split specimen is being tested. Whether the driver is reassigned to a non-driving position or is suspended depends on the motor carrier’s drug and alcohol policy.

Who pays for the split specimen to be tested?

The regulations specify that the carrier cannot delay lab testing in order to collect payment from the driver. The secondary specimen should be submitted for testing as soon as the driver requests it, and motor carrier will be billed through the carrier’s lab account. In some cases, the motor carrier can seek reimbursement from the driver for full or partial costs of the split-specimen test.

Is the drug violation reported to the Drug and Alcohol Clearinghouse right away, or does the MRO wait for the results of the test on the secondary sample?

The MRO will report the positive, adulterated, or substituted drug test result to the Drug and Alcohol Clearinghouse within two business days of verifying the result for the primary specimen. Once the MRO receives the lab results for the secondary sample, one of three things happens:

1. The secondary test result reconfirms the primary test result. The violation stands and remains in the Clearinghouse.
2. The test of the secondary sample fails to reconfirm any of the original findings. The test will be canceled, and the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results.
3. The test of the split specimen does not reconfirm the original result but identifies something suspicious in the secondary sample. The regulations in 40.187 spell out a variety of situations that require the driver to be tested again, such as if the secondary sample is invalid or if part of the original result is reconfirmed but the sample also tests as substituted or adulterated. If any of these complex scenarios applies, the MRO will direct the carrier’s designated employer representative (DER) to immediately send the driver for another collection under direct observation. If that test result is negative and is not adulterated or substituted, the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results. Otherwise, the violation will stand and remain in the Clearinghouse.

Key to remember: Dividing a urine specimen into two samples allows for a driver to request that the secondary sample be tested if the first specimen indicates drug use. This is an important part of the driver’s right to due process.

Know the risks

Safety requires an attention to detail, including the fine print on medication bottles for both over-the-counter (OTC) medicines and prescription drugs. Side effects may differ based on the individual, so employees need to listen to their bodies and avoid using some medications completely.

Imagine experiencing even one of the following side effects of allergy medications when trying to engage in everyday activities at a motor carrier:

• Drowsiness,
• Dizziness,
• Upset stomach,
• Blurred vision,
• Headache,
• Nervousness,
• Fast heartbeat,
• Increased blood pressure,
• Loss of appetite, and
• Sleep problems.

And, of course, employees should always check for interactions with any other medications they are using.

CMV driver limitations

All commercial motor vehicle (CMV) operators, not just those operating vehicles requiring a commercial driver’s license (CDL), must avoid using medications that negatively impact their ability to safely drive a CMV.

There is no “official” list of prohibited drugs for commercial drivers. Instead, the Federal Motor Carrier Safety Regulations (FMCSRs) reference another agency’s regulations, the Drug Enforcement Administration (DEA). DEA’s Schedules of Controlled Substances in 21 CFR 1308 classifies a drug into one of five categories (schedules) depending on the drug’s acceptable medical use and its abuse or dependency potential. Only Schedule I drugs, such as heroin, LSD, and marijuana, are prohibited with no exception for commercial drivers. All other schedules of drugs, both prescribed and OTC, are taken on a case-by-case basis, dependent upon their impact on driving.

A driver who is prescribed an allergy medication should be explicitly told by the family doctor that it will not interfere with their ability to safely operate a CMV. This stipulation is found in 391.41 (medical qualifications), 392.4 (general operating rules), and 382.213 (specific to just CDL positions).

Over-the-counter medications are also included in 392.4(a)(4) if they affect driving.

Ill and fatigued driving

Yet another rule applies to all CMV drivers and addresses their general physical condition. It restricts drivers who are too ill or fatigued to safely operate the vehicle.

Many use this regulation when a driver is exhausted from exceeding hours-of-service limits. But this rule is much more encompassing. It prevents the operation of a CMV “…while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle…”

The carrier can’t dispatch or allow a driver to continue a trip when ill or fatigued. The driver also has an obligation to know when they are a risk. They should not get behind the controls of the CMV. If already driving, they must park their vehicle and communicate their health status with their carrier.

Key to remember: Everyday medications often pose a serious risk for those impacting motor carrier safety. Employees should know the side effects and never put themselves and others at risk when not feeling well enough to safely do their jobs.

How these laws work together

Federal laws provide a baseline on which state laws can, and often do, build upon. Where federal laws have gaps, state or local laws serve to fill in. Some details to keep in mind include:

• Laws don’t generally contradict each other, but often overlap or intertwine.
  • Employee leave, for example, which falls under both federal and state laws can usually run concurrently.
• The state employment laws of the state in which the employee works govern. It doesn’t generally matter where the employee lives or where the corporate office is.
  • If, for example, an employee works from their home in Minnesota while the corporate office is in Illinois, the Minnesota employment laws apply to the employee.
• One law doesn’t generally supersede another; employers must look at all provisions of the applicable laws and apply the one that gives employees the greater benefit.
  • If, for example, a municipal ordinance’s minimum wage is $15 per hour, while the state minimum wage is $14 and the federal minimum wage is $7.25, employees who work in the municipality must be paid $15 per hour.

Common themes

Topics that many state laws govern include:

• Minimum wage*
• Employee leave*
• Sexual harassment training
• Pay transparency*
• Meals and breaks
• Child labor

*These have currently seen several changes.

Employers should regularly review and update workplace policies and handbooks to reflect changing requirements.

How to stay up to date

Employers must stay informed of applicable employment law changes. Finding resources to help notify them of changes can help. These can include government entities. Other sources include services that track such changes, such as J. J. Keller’s® Compliance Network™.

Whichever method employers use, they might assign a specific individual (or individuals) responsible for tracking developments.

Key to remember: Learning about the various employment laws and applicable changes continues to be a challenge for employers.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

What is the purpose of a driver file?

A driver file is a required collection of documents and records proving that a driver can not only safely operate a commercial motor vehicle (CMV), but has completed any additional training and is legally authorized to drive the type of CMV you have assigned them to.

The file is like a driver’s professional biography. It includes everything you might want to know about your drivers, including their employment history, driving record (abstract), licensing, and any special training.

Driver files must be retained at the carrier’s principal place of business for the year in which they are created, established, or received, and generally for the four calendar years immediately following (note that this can vary by province). Carriers should also keep any other relevant information about their drivers. This may include items such as alcohol and drug testing records (this is required for carriers with drivers operating into the United States and subject to the testing requirements).

What should you include in your driver files?

This is a good question, as this can vary slightly depending on what province is your principal place of business and in which province(s) you hold a safety fitness certificate. It can also depend on what the record might be called, for example in Ontario a driver’s abstract is commonly referred to as a driver’s CVOR abstract. Although some documents may not be required in certain provinces, the following items are the ”best practice” recommended records to keep in your driver file:

• The driver’s completed application form for employment,
• A copy of the driver’s abstract dated within 30 days of hire,
• Annual updated copies of the driver’s abstract,
• The driver’s employment history for the preceding 3 years,
• A record of the driver’s convictions of safety laws relating to the operation of a motor vehicle in the current year and in each of the preceding 4 years,
• A record of any administrative penalty imposed on the driver,
• A record of all collisions involving a motor vehicle operated by the driver that are required to be reported to a peace officer,
• A record of all training taken by a driver related to the operation of a vehicle and compliance with safety laws, and
• A copy of any training certificate issued to the driver, in electronic or paper form, for the period starting on the date the training certificate is issued.

How do I know what each jurisdiction requires in their driver files?

The following chart summarizes the driver file requirements by jurisdiction.

Managing your files long term

Driver qualification files are a lot less intimidating if you approach them one component at a time. Please note, while electronic records may be accepted, any originals must be made available upon request.

Key to Remember: Driver files better enable a carrier to monitor and manage the safety of all drivers involved in the operation of commercial vehicles. Being prepared with the proper documents in the file will help you survive an audit.

If we purchase a chemical from a local store, is it exempt from HazCom?

Assuming the chemical is, in fact, a hazardous chemical by definition, the answer depends. The standard contains 12 exemptions at 29 CFR 1910.1200(b)(6), which may apply to your situation. Often employers can spot an exemption for some of their hazardous chemicals, so it’s worth checking the list.

Consumer products, for instance, are exempt if they’re only used at work as intended by the manufacturer or importer and that use is in a duration and frequency no greater than the range a consumer would reasonably experience. On the flip side, if a consumer product is not used as intended or is used longer or more frequently than a reasonable consumer would, it is covered by the HazCom standard.

In many cases, OSHA lists a substance as exempt at paragraph (b)(6) because it’s regulated by another OSHA standard or another federal agency. In this way, OSHA did not duplicate employer efforts with a HazCom requirement. Hazardous waste covered under EPA’s Resource Conservation and Recovery Act (RCRA), is an example.

If a contractor brings a hazardous chemical into our facility to perform work but our employees aren’t exposed and there’s no potential for exposure, do we need an SDS for it?

If there’s no exposure or potential for exposure to your own employees during normal operating conditions or in a foreseeable emergency, then you don’t need a safety data sheet (SDS) for that hazardous chemical. To help make that determination, see the term “exposure” as defined in 1910.1200(c).

As a contractor specializing in overnight cleaning, we sometimes assign associates to different sites. Would it be compliant to use one binder across multiple locations?

The HazCom Standard does allow you to maintain a single binder at the primary workplace, provided workers can immediately obtain the information in an emergency. This is explained at 1910.1200(g)(9): “Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the safety data sheets may be kept at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency.”

OSHA offers further clarification in CPL 02-02-079, the agency's guidance document for its inspectors: “If the SDSs are stored at the primary workplace, the employer must ensure there is no delay in a worker receiving a requested SDS while at any mobile, remote, or temporary worksite.

“Access may be accomplished by having a representative always available at the primary workplace or through other technological means (e.g., email, smart phone, electronic tablet).

“The employer must address in their written hazard communication program how SDS information will be conveyed to remote worksites.”

How often do SDSs have to be updated?

From an SDS creation standpoint, when the manufacturer, importer, or employer preparing the SDS becomes aware of any significant information regarding a chemical’s hazards, or ways to protect against the hazards, the new information must be added to the SDS within three months. This is spelled out at 1910.1200(g)(5).

However, as an employer maintaining SDSs for the covered hazardous chemicals in your workplace, the requirement is to keep the most recently received SDS for the product. You’re not required to seek out a newer SDS. It’s worth noting that other countries may require employers to replace SDSs that are a certain age. However, that’s not the case in the U.S.

Can we still use NFPA or HMIS® labels for workplace labels or did that change with the revisions to HazCom last year?

OSHA’s revisions to the HazCom Standard in May 2024 didn’t change the requirements at 1910.1200(f)(6) for workplace (in-house) labels. Let’s take a closer look at that paragraph.

While you’re still not required to relabel incoming containers of hazardous chemicals that are already properly labeled, some employers choose to do so. Additionally, if you transfer chemicals from one container to another, and that container doesn’t meet the “immediate use” definition, it still must be labeled under paragraph (f)(6).

When coming up with an in-house label, one option is to use the same label elements as those required on “shipped” containers of hazardous chemicals, found in paragraphs (f)(1)(i) through (iv), without the supplier information. The second option is to use the product identifier and words, pictures, symbols, or a combination of these, which provide “general information” of the chemical’s hazards. The HMIS® or NFPA® system may be used to meet the second option, though you must ensure employees are trained to use and understand the system. Plus, any OSHA chemical hazards missing from the rating system must be added to the label to make it OSHA compliant.

Could you please help me get a big-picture view of the NFPA® and HMIS® labeling systems?

National Fire Protection Association (or NFPA) is a leading expert in fire safety and prevention. One of its consensus standards, NFPA 704, Standard System for the Identification of the Hazards of Materials for Emergency Response, offers a marking system to help emergency responders determine chemical hazards in a building or storage area. This NFPA® system uses a square-on-point configuration with:

• Four hazard quadrants to depict health (blue), flammability (red), instability (yellow), and special hazards (white); and
• Five ratings ranging from zero (no hazard) to four (severe hazard) to indicate the degree of severity for each hazard. Plus, special hazards are depicted by certain letters.

HMIS stands for Hazardous Materials Identification System, an in-house labeling system copyrighted by the American Coatings Association (ACA). It was originally developed for use by the paint manufacturing industry to indicate chemical hazards in the workplace. The system has since spread to other service and manufacturing industries. HMIS® labels appear as a rectangle-shaped block of colored bars with hazard ratings of zero through four, plus personal protective equipment symbols/letters and a carcinogen indicator.

Key to remember: OSHA’s HazCom Standard continues to pose a challenge for employers and safety professionals. Feel free to submit your questions through our Expert Help feature and our regulatory experts will respond to you within one business day.

What prompted the concern?

To determine if someone could safely work alone in a specific situation, the first step is to evaluate why that concern arose. Questions to consider might include:

• What hazards will the employee face, and what is the likelihood the employee will need help in an emergency? Consider both the probability of an incident as well as the severity.
• Did the concern arise because of external threats, such as a security guard who could face a violent situation? Or did the concern arise because of job hazards, such as working with dangerous equipment? How can those hazards be reduced or eliminated?
• Will the employee have a cell phone and designated contact? Will another employee or manager be on call? How long would someone else take to respond?

Keep in mind that unless security cameras are continually monitored, they do not provide any protection for lone workers. If an incident occurs, video recordings might help determine what happened, but cameras cannot prevent an incident from occurring.

For related information, see our article One is the loneliest number: Five steps to lone worker safety.

Trusting the worker

When a job requires working alone, the employer will presumably select a responsible and trustworthy employee. The employer should train that person to recognize hazards, use caution, and avoid any tasks that create an unacceptable level of risk. Lone workers must understand that they are responsible for their own safety and should carefully consider the potential consequences of any actions. If they have to stop and think about whether they can perform a specific task safely, then skipping that task may be best.

Supervisors should be wary of reprimanding lone workers for “not doing the job.” If tasks were not completed because lone workers felt uncomfortable, they should be praised for prioritizing their safety and refusing to put themselves at risk. Supervisors should not inadvertently encourage them to take risks. Instead, ask the employee to explain why they could not complete the task and try to think of alternative procedures that might get the job done with lower risk.

Establishing a check-in procedure could also be an option. Determine how the worker should check in, with whom, and how frequently. That could mean calling a manager before starting a particular task and again upon completion. In addition, decide on a response if the employee misses a call. Will the manager visit the site to check on the worker? For related information, see our article Lone Workers: A recommended policy.

Employers must balance the potential risks to someone working alone against the costs of scheduling a second worker. Options may range from having someone on call to simply delaying specific projects until additional workers are on duty.

Key to remember: OSHA does not prohibit employees from working alone, but employers should carefully evaluate the hazards and ensure that lone workers do not take unnecessary risks.

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.

Example illustrations

Suppose an employee suffered an ankle injury and was given restrictions that your company could accommodate. You expect him to show up at work the next day. The next morning, he calls in saying that his ankle is swollen so he can’t put on a shoe, and he doesn’t think he can drive. He wants to take the day off. If you agree that he should take the day off to recover, you must record that as a day away.

Another employee gets a cut on his hand and visits a doctor. The doctor cleans and bandages the wound but doesn’t impose restrictions. The next day, the employee texts his supervisor that, “My hand hurts, so I’m staying home today.” Attempts to contact the worker for details yield no response. If you believe the employee could have reported for work and performed all job duties, you don’t have to count it as a day away on the OSHA 300 Log.

Making the determination

OSHA’s FAQ search page addresses two questions involving employees choosing to take days off due to injury. Both responses state that the employer “must make a good faith decision” on whether or not the injured worker needed the time off.

The letter of interpretation clarifies that whether the employer records the time as vacation, sick time, or unexcused absence doesn’t matter since employers must count all calendar days, including non-working days. The key is the employer’s determination of whether the employee needed time off, or whether the employee could have worked.

When making a good-faith decision, you would likely consider the nature and severity of the injury. You’ll probably need to rely on whatever information the injured worker provides. The employee might indicate severe pain, a reaction to a medication, or other reasons for taking time off.

In addition, you might consider the injured employee’s work history. Does this person reliably come to work, or does the injured worker have a history of calling in sick for unusual reasons?

Finally, remember that calling off work for reasons unrelated to the injury (such as car trouble or staying home to care for a sick child) would not require a determination on whether the employee could have worked. If the employee didn’t request time off “because of” the injury, then the absence would not count as days away.

Key to remember: Only the employer or a doctor, not an employee, can create a days away case. However, if the employer agrees that an employee needed time off to recover, the employer must count that as days away.

What is the difference?

The common cold is caused by various respiratory viruses, with rhinoviruses being the most common. These viruses are highly contagious and spread simply through close personal contact with an infected person, respiratory droplets when they cough or sneeze, or even by touching contaminated surfaces and then touching your eyes, nose, or mouth.

The CDC emphasizes that colds are more frequent in colder months, but many cold viruses can spread effectively anytime of the year. Adults in the United States experience an average of two to three colds per year.

Allergies, on the other hand, are immune system reactions to substances known as allergens, such as pollen, dust mites, pet dander, and mold. The CDC clarifies that allergies are not contagious and are triggered by exposure to specific allergens.

OSHA highlights that workplace allergens can include chemicals, dust, mold, and other environmental factors. Approximately 31.8% of adults in the United States have some form of allergy.

What are the symptoms?

Cold symptoms typically include a runny or stuffy nose, sore throat, cough, sneezing, mild body aches, headache, and low-grade fever. These symptoms usually peak within two to three days of infection and typically last for about seven to ten days.

Allergy symptoms, as described by the CDC, include sneezing, runny or stuffy nose, itchy or watery eyes, itchy skin or throat, and cough. Unlike colds, allergy symptoms can persist as long as the person is exposed to the allergen. OSHA adds that workplace exposure to allergens can worsen these symptoms.

How can we prevent it from affecting the workplace?

To prevent the common cold from affecting the workplace, the CDC recommends good hygiene practices such as frequent hand washing, avoiding close contact with infected individuals, and disinfecting commonly touched surfaces.

OSHA supports these measures and encourages employers to provide hand sanitizers and promote a clean work environment. Additionally, employers can implement policies that encourage sick employees to stay home to prevent the spread of illness.

Preventing allergy symptoms requires minimizing exposure to allergens. The CDC suggests using air purifiers, keeping windows closed during high pollen seasons, regular cleaning to reduce dust and pet dander, and avoiding known food allergens.

OSHA highlights the importance of controlling workplace allergens through proper housekeeping and maintenance, including regular cleaning of ventilation systems and commonly touched surfaces.

Additionally, certain chemicals can cause allergic reactions, so reviewing your chemical inventory and minimizing chemicals that contain known allergens should be considered in workplaces.

Key to remember: While the common cold and allergies share some symptoms, they have distinct differences in their causes, duration, treatment, and prevention. Understanding these differences can help individuals manage their symptoms more effectively and ensure a healthier workplace.