OSHA seeks to revamp LOTO standard as technology advances

A look at where regulators are focusing their enforcement efforts

Enforcement action and monetary penalties are unfortunately common in environmental programs and prove costly to companies. Beyond the penalty assessed, companies often spend even more improving processes to prevent recurrence. This section shares some of the headlines and presents take-away lessons. What happened and how do you avoid the same situation?

Air

Washington Department of Ecology issued a penalty to a pulp and paper mill in the state for air emissions released from the facility’s wastewater treatment plant. As the result of wastewater treatment plant upset conditions, the mill failed to meet emission reduction requirements for a seven-week period in 2020. The mill calculated an additional 7 tons of methanol and other types of hazardous air pollution were emitted from the operation during this period. In addition to the monetary penalty, the mill has been required to increase monitoring as a long-term preventative measure.

Enforcement action: $28,500 civil penalty

Lesson learned: A process upset in one part of an operation can have effects on related, but separate areas. Identifying and planning for these indirect impacts can reduce risk of noncompliance.

Hazardous waste

California’s Department of Toxic Substances Control (DTSC) reached a settlement with an electronic recycling facility in the state for hazardous and universal waste violations. Found during an inspection, DTSC identified multiple problems within the company’s waste management program. Violations included:

• Shredding of mercury-containing devices without a permit;
• Administrative issues including the lack of training, manifest deficiencies, improper emergency response procedures, and inadequate financial assurance;
• Storing of universal and hazardous wastes outside of designated areas and in excessive amounts; and
• Missing and inadequate labeling.

Enforcement action: $310,000 civil penalty

Lessons learned: Because of the serious health risks, mercury containing wastes require handling and disposal beyond those of other electronic wastes.

DTSC has taken a number of similar actions with other facilities in the state and appears to be making an extra push to hold sources accountable for potential and actual releases of toxic substances.

Water quality

The State of Illinois has entered settlement with a trucking distribution center related to an oil release that occurred in 2018. In 2018, the terminal released approximately 4,000 gallons of diesel fuel, from a leaking storage tank. The fuel entered the site drainage system, making its way to the nearby 4-acre pond, that then flows out into a local creek. The leak was not reported by the trucking terminal, escalating the severity of the incident. However, since the initial release the company has participated in cleanup plans and actions.

Enforcement action: $25,000 civil penalty

Lesson learned: Maintaining secondary containment, inspection programs, and level monitoring equipment are all best practices that can reduce risks of releases and associated costs.

Chemical reporting

U.S. EPA Region 5 announced settlement with a specialty chemical distributor for violations of the chemical data reporting (CDR) section of the federal Toxic Substances Control Act. The company failed to accurately report 18 chemicals that had been imported during the 2012 to 2015 compliance period. Chemicals distributed by the company are sold to a variety of manufacturing industries, that in turn use the substances in formulation of rubber, plastics, adhesives, sealants, and coatings.

Enforcement action: $357,000 civil penalty

Lesson learned: CDR reporting is an important source of data for EPA and something it takes seriously. Even though intermittent, these reports must be accurate and timely.

Is your registered weight still accurate?

One of the most common registration issues involves registered weight. A vehicle may be legally capable of hauling heavier loads, but that doesn't necessarily mean it’s registered to do so.

As business grows, carriers often begin hauling larger loads, adding customers, or expanding routes. If your vehicle's registered weight isn't updated to reflect those changes, you could face penalties for operating above the weight authorized by its registration.

This issue often goes unnoticed because the truck itself hasn't changed. However, enforcement officials are concerned with how the vehicle is registered, not just what it’s capable of hauling.

Whenever freight volumes, routes, or operating weights change, review your registration records to ensure they still align with actual operations.

Is the vehicle operating under the right plate type?

Not all registrations are created equal. Many states offer specialty or reduced-fee registrations for certain operations, such as:

• Farm vehicles,
• Natural resource vehicles,
• Forestry operations, or
• Other restricted uses.

Specialty plates can save money, but they also come with strings attached. Carriers must comply with those limits for the registration to remain valid. Problems arise when a vehicle's operation changes but its registration does not.

For example, a vehicle may have been properly registered under a specialty plate when it was performing one type of work. If the vehicle later begins hauling different commodities, traveling outside permitted areas, or performing general commercial transportation, it may no longer qualify for that registration class.

A good practice is to review registration classifications whenever equipment is reassigned, new customers are added, or business activities expand beyond their original scope. The registration and the vehicle's use must continue to match.

Has interstate travel changed the rules?

Another common issue occurs when operations expand beyond your home state.

A vehicle that is properly registered for intrastate operations may require additional credentials or registrations once it begins operating across state lines. What starts as an occasional out-of-state trip can gradually evolve into a regular part of the business.

Because the change often happens incrementally, carriers may not realize that their registration and credentialing requirements have changed along with their operations.

Before crossing state lines, evaluate whether additional registration, apportioned registration, permits, or other interstate credentials are required. Waiting until a roadside inspection or audit to discover a registration issue can be a costly mistake.

Three questions to ask

New customers, new commodities, expanded routes, and heavier loads can all affect registration requirements. Before a vehicle goes back on the road after business changes, ask:

1. Is this vehicle registered for the weight I'm operating at?
2. Does the registration type still match how I'm using the vehicle?
3. Has my operating area expanded beyond what the registration was intended to cover?

If the answer to any of those questions is "I'm not sure," it's time for a registration review.

Key to remember: Registration should never be treated as “set it and forget it.” If the operation changes, the registration may need to change with it.

Beyond the routine

You’re probably familiar with the routine taxes that most carriers must pay.

One main program, the International Fuel Tax Agreement (IFTA), requires carriers to obtain a license and file quarterly tax returns with a base jurisdiction. The base jurisdiction then distributes the necessary fuel taxes to other jurisdictions.

Another tax that often applies to carriers, the Heavy Vehicle Use Tax (HVUT), is collected by the Internal Revenue Service (IRS) and applies to highway motor vehicles with taxable gross weights of 55,000 pounds or more.

Those programs are fairly well known. But there are a handful of states — New Mexico is one — that also assess carriers with a “weight-distance” tax in addition to the heavy vehicle use and IFTA taxes.

New Mexico specifics

In New Mexico, the weight-distance tax (WDT) applies to owners, operators, and registrants of intra- and interstate commercial vehicles with a declared gross vehicle weight in excess of 26,000 pounds.

Owners and operators of all motor vehicles with a declared gross weight or gross vehicle weight in excess of 26,000 pounds who are using highways in the state must file a return and pay the tax.

If your trucks operate on New Mexico highways, you do have options. You can register each vehicle and then report and pay weight-distance tax quarterly, or you could pay the trip tax each time one of your trucks enters or exits the state.

The tax is based on vehicle weight and miles traveled on New Mexico roads, so you’ll need those records. The tax is computed by multiplying the miles traveled in New Mexico by the applicable tax rate. If your operation is subject to the weight-distance tax, remember to:

1. File a New Mexico weight-distance tax return on a quarterly basis, and
2. Pay the tax due to the Motor Vehicle Division.

If this program applies to your fleet, you must register and apply each year for a New Mexico Weight-Distance Tax Electronic Permit for each of your vehicles. If a quarterly weight-distance tax report has not been submitted, the system will not allow the e-permit to be processed.

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 the right type?

Before we get to reviewing and evaluating a driver abstract, you first need to understand the different types of abstracts. There are two types of abstracts available so depending on the purpose: a standard abstract, also known as a personal abstract, or a commercial driver abstract.

A standard driver abstract provides information from the individual’s driving record and will include the following information:

• Driver information (name, address, driver licence numbers, class and issue date etc);
• Driver’s appearance (height, weight, etc);
• Current status of the driver’s licence;
• Conviction information;
• Demerit points, and;
• Suspensions.

A commercial driver abstract or a commercial vehicle operator’s registration abstract (CVOR) will include safety risks associated with the driver when operating a commercially registered vehicle. It provides most of the same information (excluding driver appearance details) as the standard but has additional information about Commercial Vehicle Safety Alliance (CVSA) inspections and enforcement.

Abstract are available covering a 3-year, 5-year, or 10-year period. Since most convictions stay on a driver abstract for at least three years, it is the most common record to request. Some convictions however, such as those for impaired driving, will remain on the record for longer.

NSC Standard 1 and NSC Standard 4 – Licence concept and Licencing Classification

While Standard 1 outlines the legislation in force that prohibits the holding of more than one valid and subsisting driver’s licence issued by a competent authority in Canada, the purpose of Standard 4 is to designate classes of vehicles for driver licensing and prescribe the fundamental knowledge and skills for the type of vehicle to be safely operated on Canadian roads. Individual territorial and provincial authorities will administer their classification and driver licensing programs to maximize safety in a variety of ways. However, to support the consistent use of the classification standards, the guidelines for their administration have been developed in Standard 4 for the use of provinces and territories.

NSC Standard 9 – Commercial vehicle drivers’ hours of service

Standard 9 describes the number of hours a federally regulated commercial driver can be on duty and operate a commercial vehicle. It outlines the requirement to complete daily logs, describes the various cycles of operation, and sets out driver and carrier record-keeping requirements. The standard incorporates provisions that cover electronic logging devices (ELDs), as well as daily log requirements. This was done to add clarity in scenarios where a motor carrier and driver are exempt from the use of ELDs and are permitted to use daily logs.

NSC Standard 13 – Trip inspections

Commonly known as the daily vehicle trip inspection standard, Standard 13 is intended to ensure early identification of vehicle problems and major/minor defects, and to prevent the operation of vehicles with conditions that are likely to cause or contribute to a collision or vehicle breakdown.

Before each trip, a driver must go through the inspection schedule (list of major/minor defects) and use the schedule to inspect the vehicle. The driver must then record the inspection on a Driver’s Vehicle Inspection Report (DVIR). The daily vehicle trip inspection is a continuous process designed to protect drivers, alert carriers to mechanical problems, and keep safe vehicles on the road.

NSC Standard 16 – Mandatory Entry Level Training (MELT)

Standard 16 covers the mandatory entry level training (MELT) required before drivers can obtain a Class 1 licence. The standard sets out the training curriculum requirements (classroom, range, and road) and minimum hours of instruction. Even though this standard is part of the National Safety Code standards, only five out of the 13 provinces and territories currently require MELT: Ontario, British Columbia, Alberta, Manitoba, and Saskatchewan. Quebec does not officially have the MELT program, but instead has a substantial program in place. Nunavut, Northwest Territories, Yukon, Newfoundland, Nova Scotia, and Prince Edward Island do not have a program in place.

Driver training is important

While the NSC doesn’t directly address general driver training, drivers do need to be taught pre-and post-trip inspections, hours of service, logging, and other areas of compliance such as anti-lock braking systems on air brakes. They are also expected to understand the impact their National Safety Code violations will have on their company’s carrier profile and how this could lead to facility audits. Drivers will get the most demerit points for the company through poor operating and record-keeping practices. Keeping them informed will only in turn help your company stay in good standing.

Key to remember: Motor carriers must understand the NSC and train drivers on the standards. It’s important to make sure that your drivers have a good understanding of the standards and their responsibilities under those standards.

Both limits are extended

The exception allows truck and bus drivers to exceed the normal driving and on-duty limits by up to two additional hours to complete their run. When using this exception:

• Truck drivers may drive for up to 13 hours within a 16-consecutive-hour period, and
• Bus drivers may drive for up to 12 hours within their first 17 hours on duty.

Even when the exception applies, drivers do not receive an automatic two-hour extension. The idea is that drivers can gain back the time they lost to the delay, up to two hours. If conditions are so bad that continued driving is unsafe, drivers are expected to stop driving as soon as they can find a safe parking area, even if they still have hours available.

Was it really unforeseen?

The exception can be used only when there are unforeseen “adverse driving conditions.” For example, if the driver or the person dispatching the run knows — before the run begins — that the driver will be heading through a major snowstorm, the exception cannot be used. Refer to this important definition:

“Adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver.”

Based on this definition:

• The exception cannot be used to overcome normal, expected delays, such as rush-hour traffic around a major city or delays caused by loading and unloading.
• “Unusual traffic conditions” may include anything that unexpectedly causes a backup in traffic, such as a vehicle crash.
• You don’t need to go to extraordinary lengths to figure out if a driver might encounter adverse conditions on a given trip, you just need to make a “reasonable” attempt. For example, checking road conditions via navigation software and/or state DOT websites, and checking a weather app or online forecast, would be reasonable ways to learn of potential delays.

If a driver does encounter unforeseen “adverse driving conditions” and is unable to complete the run within the normal hours-of-service limits, the two-hour extension can be used to reach the end of the run or to find a safe place to park.

The “adverse driving conditions” exception can be found in 49 CFR 395.1(b).

Key to remember: Winter weather often brings adverse driving conditions, which means your drivers may become eligible for an exception from the normal hours-of-service limits. Make sure you know how to apply the exception properly.

What the date means

These government documents are subject to certain checks and balances, such as the following:

• OMB control number 1235‑0003 governs the collection of information from employers and employees for DOL compliance purposes.
• The June 30, 2026, date is when the latest version of the forms will be replaced by a new OMB‑approved version.

The OMB has to review the FMLA notices and certification forms every 3 years. The last time it did so, it didn’t make any material changes.

The OMB is part of the U.S. Executive Office and helps the president meet policy and budget, manage details, oversee regulatory objectives, and helps fulfill the agency’s statutory responsibilities.

Model forms optional

Employers aren’t required to use the DOL’s model forms. Many do, however, because it’s easier than creating their own forms. Using the DOL’s forms also helps ensure the notices provide enough information and the certifications don’t ask employees for information beyond what the FMLA allows.

Key to remember: The June 30, 2026, expiration date of FMLA documents is just a form‑collection deadline, not a legal cutoff for FMLA leave or certification. Employers may still use the current forms until a new version is issued.

Joint employer proposed rule: July 2026

Since 2021, the WHD has had no regulatory guidance addressing joint employer liability under the Fair Labor Standards Act (FLSA). The WHD is considering a proposed rule to adopt regulations that would guide WHD enforcement of joint employer liability under the FLSA, the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Workers Protection Act (MSPA). The WHD says that joint employer status under the FMLA and MSPA should be determined using the FLSA analysis.

When a rule is earmarked in the regulatory agenda as a “proposed rule,” that means the public expects to see written documentation on which they can provide their comments. The agencies involved then review the comments, and the rule moves to the next step in the legislative process. The dates listed are estimates that the agencies think they’ll have something posted for review.

Independent contractor final rule: October 2026

In 2024, the WHD published a final rule providing an analysis for determining employee or independent contractor (IC) classification under the FLSA. The 2024 IC rule took effect on March 11, 2024. The 2024 IC rule, however, is the subject of legal challenges. The WHD intends to rescind the 2024 IC rule. The WHD has also proposed to modify regulations interpreting the FMLA and MSPA to clarify that the analysis for determining employee or IC status under the FLSA also applies under the FMLA and MSPA.

The WHD considered three alternatives to the proposed rule, listed below from least to most restrictive:

1. Adopting the common law control test, which applies in distinguishing between employees and ICs under various other federal laws;
2. Adopting the WHD’s current enforcement policy, which is comprised of sub-regulatory guidance from before 2021 applying a multifactor economic reality balancing test; and
3. Adopting a 3-pronged “ABC” test (which several states have adopted).

The WHD issued a proposed rule in February 2026, and the comment period ended on April 28.

A final rule addresses the public comments submitted in response to a proposed rule to help determine the final regulatory language. When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register. A final rule doesn’t take effect until its “effective date” is reached.

Key to remember: The Wage and Hour Division is looking to revise the joint employer and independent contractor regulations.

Four steps to improve employee accountability

1. Establish clear expectations. Accountability starts with clear expectations. Employees need to know what’s expected, why their work matters, and how success will be measured.

Up front, managers should discuss:

• Goals,
• Timelines,
• Roles,
• Priorities, and
• Standards

After sharing this information, managers should invite questions and confirm understanding.

2. Monitor performance and provide feedback. Once expectations are set, managers should monitor progress and provide timely feedback. Ongoing feedback helps employees correct course quickly, recognize what’s working, and improve job performance before problems grow.

Some best practices include:

• Hold regular check-ins to discuss progress, roadblocks, and feedback.
• Use tools or dashboards to track key metrics.
• Provide timely, balanced feedback focused on behavior, not personality.
• Recognize wins to reinforce strong performance.

When monitoring is respectful and consistent rather than a “gotcha” exercise, employees are more likely to see managers as being invested in their success.

3. Address performance gaps. Even with clear expectations and regular feedback, performance gaps will occur. Left unaddressed, they can hurt motivation and results; handled poorly, consequences may feel like punishment.

When performance falls short, managers should:

• Discuss the issue privately and listen for root causes.
• Agree on measurable actions and a deadline.
• Provide support and guidance.
• Document the discussion and action plan.
• Follow up regularly and adjust as needed.
• Apply formal consequences if improvement doesn’t occur after support.

When managers listen first and treat employees fairly, accountability discussions become opportunities for growth. Teams feel respected and motivated to improve, and are willing to be candid about challenges.

4. Lead with empathy. Accountability can be emotionally charged. This is where the "human" side of leadership truly distinguishes the best managers. Research shows that the ability to understand others' perspectives and emotions leads to more successful accountability discussions that boost engagement and trust.

How to lead with empathy:

• Presume positive intent.
• Consider employees’ pressures and challenges.
• Communicate both care and high standards.
• Focus on solutions, not past mistakes.

When managers lead with empathy, accountability feels supportive rather than punitive. Employees feel motivated to step up for managers who are genuine and have their best interests in mind.

Key to remember: Accountability works best when employees understand expectations, receive timely feedback, and are treated with fairness and respect. Done well, it becomes a tool for growth rather than punishment.

Where lifting risks begin

They often build from small decisions that seem harmless at the time: using a sling “just one more time,” assuming the load weight is close enough, ignoring a worn edge, or grabbing whatever sling is nearby because the job needs to keep moving.

Slings aren’t all designed for the same conditions. Alloy steel chain, wire rope, synthetic web, synthetic round slings, metal mesh, and fiber rope all have different strengths, limits, and inspection concerns. A sling that works well for one task may be a poor choice for another if the load has sharp edges, high heat, chemical exposure, abrasion points, or an unstable center of gravity.

Additionally, many incidents lead back to load control. A suspended load does not have to fall straight down to hurt someone. It can swing, shift, rotate, pinch, or strike nearby workers if the lift is not planned and controlled.

Controls that help keep the load secure

Those risks are why the inspection and planning steps cannot be treated as a quick formality. Before the hook is raised, the crew needs to confirm that the sling fits the load, the conditions, and the way the load will move. OSHA’s sling requirements for general industry are found in 1910.184, and construction rigging requirements are addressed under 1926.251, but the practical goal is the same: use a sling that is suitable, inspected, properly identified, and within its rated capacity.

A stronger lift starts with slowing down long enough to answer a few basic questions during the setup:

• Load planning: Confirm the weight, center of gravity, attachment points, hitch type, sling angle, and travel path at the planning stage. Guessing may feel faster, but it removes the safety margin the lift depends on.
• Sling inspection: Look for cuts, burns, broken wires, crushed areas, stretched links, chemical damage, corrosion, damaged stitching, knots, or hardware that does not match the sling’s capacity. If the sling is damaged, questionable, or missing required identification, remove it from service.
• Edge and surface protection: Protect slings from sharp, rough, or abrasive load edges that can cut, crush, or wear down the material once tension is applied. Padding, sleeves, corner protectors, or a different sling type may be needed based on the load and conditions.
• Worker positioning and communication: Keep employees clear of areas where the load could swing, shift, or fall. Use clear signals, taglines when appropriate, and stop the lift if conditions change or communication breaks down.

The compliance side of sling safety

The requirements should show up in everyday lifting practices, not just in the written program. Slings must be inspected before use, damaged or defective slings must be removed from service, and slings must not be loaded beyond their rated capacity. In construction, rigging equipment must also have permanently affixed and legible identification markings that show the recommended safe working load, and equipment without those markings cannot be used.

The tag matters. The condition matters. The configuration matters. And the person selecting and using the sling needs to understand how those pieces work together while the load is still on the ground.

Key to remember: Every lift depends on using the right sling the right way. Confirm that it is rated, marked, and protected from damage, and keep employees clear of the suspended load.

Recognized hazards

OSHA determines whether a hazard is “recognized” by looking at several sources, including:

• Industry consensus standards like the American National Standards Institute (ANSI) or the National Fire Protection Association (NFPA);
• An employer’s own safety rules and training materials;
• Previous incidents involving the hazard; and
• Industry recognition of the hazard, such as statements by safety or health experts who are familiar with the relevant conditions, and evidence of implementation of abatement methods to deal with the particular hazard by other members of the employer's industry.

Examples of recognized hazards include:

• Employees operating forklifts without wearing available seat belts;
• Damaged warehouse racks that could collapse;
• Workplace violence risks in certain settings, such as healthcare or gas stations, where the hazard is well documented; and
• Employees riding on the exterior rear step of refuse-collection trucks while vehicles are in transit.

Struck-by hazards and combustible dust are also recognized hazards. Recent cases where OSHA cited the GDC include:

• Employees walking in poorly illuminated areas on a jobsite where heavy vehicle traffic was present, and
• Employees exposed to fire and explosions associated with combustible dust generated during the manufacturing of dietary supplements.

Ergonomic hazards include strain from activities such as lifting, pushing, or repetitive motion. Musculoskeletal disorders (MSDs) like tendonitis, carpal tunnel syndrome, and back injuries can result from these exposures.

Identifying and controlling recognized hazards

A proactive approach is the best defense against a GDC citation. Conducting a job hazard analysis (JHA) helps identify hazards that might otherwise be missed. Observe employees as they perform tasks and ask for their input. They may identify hazards that employers or safety professionals don’t recognize, especially with tasks that occur infrequently or only under specific conditions.

In addition to JHAs, reviewing injury and illness records, near-miss reports, incident investigations, equipment manuals, workers’ compensation claims, industry guidance, and consensus standards can also provide insights.

Once you identify hazards, determine which ones don’t have an OSHA standard, like heat or ergonomics, and prioritize those that could cause serious physical harm or death. Consider the hierarchy of controls and whether the hazard can be eliminated or reduced.

Put reasonable controls in place (such as water, rest breaks, and shade for heat, or lift-assist devices for repeated manual lifting) and keep records showing what’s been done. Documented JHAs, training records, inspection logs, and corrective action reports can all help show that you took the hazard seriously and acted to protect employees.

The GDC and “inherently risky professions”

On July 1, 2025, OSHA issued a proposed rule that would limit the scope of the GDC. If finalized, OSHA could no longer use the GDC to cite employers of “inherently risky professions,” which includes such activities as motor sports, animal handling and performance, and combat simulation training. (See our related article, “OSHA proposes giving employers with ‘inherently risky professions’ a free pass.”) The agency’s most recent regulatory and deregulatory agenda, published July 3, 2026, reveals OSHA intends to hold public hearings on the proposal starting mid-August.

Key to remember: OSHA uses the General Duty Clause to cite serious, recognized hazards for which there’s no OSHA standard. When you identify and control these hazards and document your actions, OSHA may find it more difficult to establish the four elements necessary for a GDC citation.

Lithium-ion battery safety

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

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

Workplace violence

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

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

Safety in semiconductor manufacturing

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

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

Protecting personally identifiable information (PII)

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

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

Whistleblower protection

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

Occupational safety and health for federal employees

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

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

Start with the simple truth

Most workplace fires don’t come out of nowhere. They usually tie back to a few common issues:

• Housekeeping that slowly slips over time,
• Poor control or storage of combustible materials,
• Unmanaged ignition sources, and
• Equipment that isn’t maintained.

OSHA keeps it straightforward under 29 CFR 1910 Subpart E and Subpart L. Employers are expected to control fire hazards, maintain safe egress, and ensure fire protection systems are in place and working.

Housekeeping is still one of your best defenses

It sounds basic, but it’s one of the biggest gaps you’ll see on a shop floor or job site.

Dust, debris, waste materials, and even oily rags can turn into fuel if they’re not actively managed. OSHA 29 CFR 1910.22 requires workplaces to be kept clean and orderly, and 1910.106 addresses handling and storage of flammable liquids.

From a practical standpoint:

• Keep work areas clean and organized;
• Remove waste regularly, not “when we get to it”;
• Store flammables in approved containers and cabinets; and
• Check hidden areas like rafters, ducts, and equipment tops.

Control your ignition sources

Fire needs three things, fuel, oxygen, and an ignition source. You don’t always control oxygen, but you do control the other two.

Common ignition sources include:

• Damaged or overloaded electrical equipment;
• Hot work like welding, cutting, and grinding;
• Friction or heat from machinery; and
• Static discharge in certain environments.

OSHA and NFPA 51B (Standard for Fire Prevention During Welding, Cutting, and Other Hot Work) expectations are clear, you need controls, permits, and fire watches where applicable.

Make sure your protection systems actually protect

Having fire extinguishers, alarms, or sprinklers isn’t enough. They have to work when needed.

OSHA 1910.157 requires extinguishers to be properly selected for the hazards, kept accessible, inspected, and maintained so they’re ready to use. If someone grabs an extinguisher, it needs to work. Every time.

The same applies to alarms and suppression systems. OSHA 1910.165 requires fire alarms to provide a clear, reliable warning. Sprinkler systems under 1910.159 and fixed systems under 1910.160 must be inspected, tested, and maintained so they activate when needed.

Don’t overlook egress

When evacuating, people need a clear way out. Egress must be seamless, clear, direct, and easy to follow from wherever someone is working. If someone has to stop and figure it out, they’ve already lost time they don’t have.

OSHA 29 CFR 1910.36 and 1910.37 lay out the essentials including:

• Mark and light exit routes clearly,
• Keep exits and paths unobstructed,
• Avoid any storage or temporary blockages,
• Ensure doors open easily from the inside without keys or tools, and
• Make sure exits lead to a safe area.

Training has to be real, not just checked off

Fire events move fast, so there’s no time to figure it out on the fly. Training has to be simple, practical, and tied directly to the job. If workers can’t picture how it applies, it won’t stick when the unexpected happens.

At a minimum, training should cover:

• What causes fires in your workplace,
• How to prevent them,
• When to evacuate instead of fight a fire,
• When and how to use an extinguisher, and
• How to evacuate, including routes, meeting points, and accountability.

Just as important, employees need to be able to ask questions and understand what applies to their job. OSHA expects training to be effective, not just delivered.

Key takeaway: Fire safety comes down to consistent execution, clean work areas, maintained equipment, controlled hazards, and people who know what to do. Fires don’t give you a warning, so your controls have to be ready to work every time.

Other exit signage requirements to consider

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

Additional requirements for office exits require they:

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

Key to remember

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