Paperwork prep prevents potential penalties

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.

Who must report?

The TSCA Section 8(a)(7) reporting requirements apply to any person who manufactured (including imported) a PFAS or PFAS-containing article between January 1, 2011, and December 31, 2022, for commercial purposes.

EPA defines terms for this reporting requirement at 40 CFR 705.3.

One vital thing to note is that the TSCA Section 8(a)(7) reporting requirement allows for no exemptions. The rule even covers PFAS manufactured as a byproduct, impurity, or non-isolated intermediate. The only activity that doesn’t require reporting is importing municipal solid waste streams to dispose of or destroy the waste.

What data does the report cover?

The information required depends on whether you use the standard or streamlined TSCA Section 8(a)(7) reporting form.

The standard form contains:

• Company and plant site information;
• Chemical-specific information (such as chemical identities);
• Categories of use;
• Total amounts manufactured in each year for each category of use;
• Byproducts from PFAS manufacturing, processing, use, or disposal;
• Existing environmental and health effect information;
• Worker exposure data (including duration); and
• Disposal methods or processes used (and any changes to them).

The streamlined form requires less information than the standard form. Two types of reporters qualify to use streamlined reporting:

• Importers of PFAS-containing articles, and
• Manufacturers of less than 10 kilograms of PFAS used solely for research and development (R&D).

Importers may choose to use the streamlined “PFAS in Imported Article” form. If you imported a PFAS-containing article and manufactured (including imported) the same PFAS (not in an article), you can either:

• Report the imported article on the streamlined form and manufactured PFAS on the standard form, or
• Report both the imported article and manufactured PFAS on the standard form.

Manufacturers of qualifying R&D PFAS can use the “Research & Development PFAS” form. However, you cannot use the streamlined form if you manufactured a PFAS in small quantities for R&D and otherwise manufactured (including imported) the same PFAS.

When is the report due?

For most manufacturers, the TSCA Section 8(a)(7) report submission period runs from July 11, 2025, to January 22, 2026. Small manufacturers who solely imported PFAS-containing articles have a longer submission period, from July 11, 2025, to July 11, 2026.

Where do I submit the report?

Reports must be submitted electronically through EPA’s Central Data Exchange (CDX). Go to the Chemical Information Submission System and choose the “TSCA Section 8(a)(7)” application.

Note that you must have a registered account on EPA’s CDX to submit the report, and the facility for which you’re submitting the report must also be registered on the platform.

Why is the Section 8(a)(7) report required?

TSCA Section 8(a)(7), as amended by the National Defense Authorization Act for Fiscal Year 2020, required EPA to develop a rule to gather data about PFAS from entities that manufacture or have manufactured PFAS and PFAS-containing articles. The agency finalized the rule in October 2023 for this one-time reporting requirement.

The TSCA Section 8(a)(7) PFAS reports will give EPA a more complete picture of PFAS manufactured in the U.S. The agency will use the data to further its understanding of the forever chemicals and inform future regulatory actions.

Key to remember: The submission period for the one-time PFAS reporting requirement opens July 11, 2025. It applies to anyone who manufactured (including imported) PFAS or PFAS-containing articles between 2011 and 2022.

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.

Video supports investigative report

The 14-minute video, “No Detection: Explosion …,” follows a June 2023 investigation report. When the 56-page report came out, CSB Chairperson Steve Owens said, “Our investigation found that [the company] did not have an effective program in place to assess potential hazards in its propylene process and did not have a mechanical integrity program or written operating procedures.”

The incident was compounded by emergency planning failures, says CSB. Owens argued, “This tragic incident was made even worse due to the lack of emergency response training for employees at the facility.”

Deadly incident

CSB explains that a degraded and poorly crimped rubber welding hose disconnected from its fitting inside a coating booth. That prompted a release of propylene, a flammable vapor.

By the time workers arrived at the facility the early morning of January 24, 2020, an explosive concentration of propylene had formed inside the building. As workers entered and turned on the lights, the vapor ignited, triggering an explosion. It:

• Killed two workers,
• Injured two other workers,
• Fatally injured a nearby resident, and
• Damaged hundreds of structures.

The board’s investigation later found that the company had:

• Disconnected gas detectors from a computer control system. This meant the automatic gas detection shutoff system would not alert operators to a leak. It also would not start up exhaust fans or trigger two shutoff valves to stop the flow of propylene.
• Replaced a copper tubing connection with a rubber welding hose. Rubber hose is not recommended for propylene. Oils in the gas can cause a rubber hose to form cracks and lose pliability.

OSHA citations before/after the incident

OSHA cited the company 12 years earlier for failing to inspect gas system equipment for signs of deterioration or leaks. The 2008 OSHA visit was prompted by another explosion of propylene gas.

Following the later 2020 incident, OSHA issued citations for failing to:

• Provide effective training on chemical hazards,
• Prevent explosive concentrations from accumulating,
• Ensure coating equipment was maintained gas-tight, and
• Ensure the manual shutoff valve at the propylene storage tank was closed at the end of each workday.

Safety issues found by CSB

CSB explains that the shop’s propylene amount was below the threshold for OSHA’s Process Safety Management (PSM) standard at 29 CFR 1910.119 or EPA’s Risk Management Plan (RMP) standard at 40 CFR 68. Still, the CSB investigation identified these safety issues:

• PSM — Had the company had an effective PSM program to identify and control hazards, it could have prevented the incident. Suggested PSM program elements included process safety information, process hazard analysis, management of change, mechanical integrity, and operating procedures.
• Emergency planning — The company’s emergency response plan did not address responding to a propylene gas leak. The company also failed to train its workers to recognize or respond to a propylene gas release. Hence, workers did not evacuate from the area after suspecting a propylene leak nor contact responders for help.

Owens concludes that the deadly incident could have been mitigated if the company had implemented an effective PSM system for the hazards of its coating operation. Even if a leak occurred, Owens believes an emergency response plan could have prevented the tragic loss of life.

OSHA chemical emergency preparedness may include an emergency action plan and/or an emergency response plan.

Lessons for industry

To prevent chemical incidents, CSB urges you to:

• Ensure the safety of workers who handle hazardous chemicals (and protect surrounding communities). This is regardless of whether or not the chemicals meet the threshold under PSM and RMP standards.
• Ensure gas detection, alarm, exhaust, and shutdown systems are adequately designed, maintained, inspected, and tested. The idea is to ensure reliability if your facility handles hazardous chemicals.
• Ensure a written emergency response plan is implemented. Also, ensure that it adequately addresses all actions to be taken in a release. Workers too need to be trained in the plan and participate in periodic drills.

CSB videos are recognized

The latest video comes after the board received a “Silver Play Button” award. The CSB’s video channel boasts 364K subscribers and nearly 100 safety videos. The channel has had over 65M combined views since 2007. What’s more, CSB claims that the chemical industry itself and engineering schools use the videos for chemical safety training.

Key to remember

A new CSB video covers the 2020 massive explosion at a Texas machine shop. The board urges you to implement PSM systems even if not required. CSB also presses you to ensure that workers are trained in emergency response plans.

Who’s subject?

Vehicles regulated by the FMCSA include those over 10,000 pounds operated across state lines for a business-related purpose. Many in-state-only operations are similarly regulated, although off-road construction equipment (backhoes, scrapers, bulldozers, etc.) is generally exempt.

Operation of a vehicle over 26,000 pounds or carrying certain hazardous materials brings additional responsibilities, including commercial driver’s licenses (CDLs) and drug and alcohol testing.

Whenever a company begins using a DOT-regulated vehicle, it must register with the FMCSA and ensure its drivers are properly licensed, qualified, and (when required) enrolled in a drug and alcohol testing program. The vehicle(s) must be properly marked, equipped, and inspected, and each new company must pass a new-entrant audit, among many other requirements aimed at ensuring roadway safety.

Top 10 fines

FMCSA settlement data shows that many construction companies paid five-figure fines in 2024 for failing to follow highway safety regulations. The following are among the costliest fines paid last year by companies in the construction industry:

Key to remember: Construction companies that operate large vehicles on public roadways face significant fines if they fail to follow basic DOT trucking safety regulations.

Work zone safety tips

Plan ahead and manage your time. Before starting your day, plan your route. When possible, avoid work zones by using detours or alternate routes. Whether you are able to use an alternate route or have to travel through the work zone, schedule enough time to safely make the trip. Stay informed on current conditions, remain patient, and stay calm.

Remain focused. Your full attention should be on the road at all times, but this is even more critical when traveling through a work zone. Focused driving includes avoiding distractions, such as using your cell phone, eating, drinking, adjusting the radio or global positioning system (GPS), and conversing with passengers.

Pay attention to signs. Orange, diamond-shaped signs are posted to give advance warning of:

• Lane closures,
• Speed reductions, and
• Workers ahead.

Slow down. Lane closures and shifts in traffic patterns are common in work zones. Because of this, it is important to slow down.

Follow the posted speed limit. Speeding is one of the major causes of work zone crashes. Because of this, many states have enhanced their fines and penalties for exceeding the speed limit in a work zone.

Maintain a safe following distance. Stopping a large vehicle takes both space and time. A truck with good tires, traveling at 55 miles per hour in ideal conditions, needs about 450 feet and seven seconds to stop. Stopping distances can be greater if:

• It is raining or snowing,
• Tires or brakes are worn, or
• There is dirt or gravel on the road.

Use the lane furthest from the work zone. This provides additional space between the sides of the vehicle and construction workers.

Avoid sudden lane changes. When approaching lane closures, move into the open lane as soon as possible. Be sure to pay close attention to vehicles around you that could be in your blind spot.

Always expect the unexpected/drive defensively. In addition to watching for people working on or near the road, watch out for motorists racing to get ahead of you or trying to turn in front of you at the last second. Be ready to react to the unexpected.

Obey road crew flaggers. A flag person has the same authority as a regulatory sign. A driver can be cited for disobeying a flag person’s directions.

Key to remember: With road construction season ramping up, drivers need to fine tune their work zone safety skills and remember to use extra caution when traveling through work zones.

Always ensure drivers perform a pre-trip inspection

If you invest the time to train your drivers on the importance and how to complete the pre-trip inspection before heading out, they will catch many of the things that can get you in trouble and reduce your chances of being pulled over, saving downtime or an out-of-service violation.

The circle check can also be performed by a person designated by the operator. In that case, the operator becomes accountable for the circle check and the driver may accept or refuse the report.

Remember drivers must always carry a documented pre-trip inspection for the vehicle they’re operating.

Always make sure they’re prepared with the necessary documents

Ensuring your drivers have all their paperwork in order will make the inspection go smoothly. Drivers should keep all applicable documentation up to date, organized, and easily accessible in the cab. Required documents include:

• Driver’s license;
• Supporting documents, such as bills of lading and expense reports;
• Hazmat/dangerous goods documentation if applicable;
• Annual vehicle inspection information;
• Any permit including the International Registration Plan (IRP) cab card, International Fuel Tax Agreement (IFTA) license, etc;
• Electronic logging device (ELD)-related documents;
• Vehicle registration card; and
• Vehicle insurance documents.

Always ensure they know your ELD equipment

Your drivers also need to know how to use whatever ELD equipment is installed in the truck. During a roadside inspection, they will likely be asked to transfer the ELD records to the inspector. Your drivers will also need to know how to certify their RODS as complete and how to annotate them as necessary.

Always keep the vehicle clean

Finally, make it a point that your drivers need to keep the truck clean. A clean truck makes it easier for the inspector to do their job. Keeping the truck clean simply makes it look good in the eyes of the inspector. A clean truck presents your driver as detail-oriented and meticulous, two traits that can help pass inspection.

Key to remember: Helping your drivers be prepared and having a positive, helpful attitude towards the inspector will make a roadside inspection a more pleasant experience, even if the official finds a few infractions.

DOGE and OMB review

Once the regulations have been identified, the White House Office of Management and Budget (OMB) and the Department of Government Efficiency (DOGE) will work with agency leaders to:

• Create a plan for rescinding or modifying the regulations, and
• Begin winding down their enforcement.

Executive order 14219, titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative,” was issued February 19, 2025.

The order exempts regulations related to the military, national security, foreign affairs, immigration, and the federal workforce.

It also directs agencies to consult with DOGE and OMB on any potential new regulations to ensure they comply with all of President Trump’s executive orders to date, including orders to:

• Remove 10 new regulations for every new one issued, and
• Freeze any pending regulations until the new administration has had a chance to review them.

The OMB is expected to issue guidance to help agencies determine how best to implement the executive orders.

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!

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10392.2violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

1. 392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
2. 392.2C Failure to obey traffic control device (Unsafe Driving)
3. 392.2LV Lane Restriction violation (Unsafe Driving)
4. 392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
5. 392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
6. 392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
7. 392.2ML Failure to maintain lane (Unsafe Driving)
8. 392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
9. 392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
10. 392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

Benefits before leave began remain intact

Employees must keep any company benefits they had before FMLA leave began (e.g., paid vacation, sick time, etc.). They may use accrued paid leave with unpaid FMLA leave, but they still have some income.

If employees are on unpaid FMLA leave, employers may have a policy that employees are not eligible to accumulate sick leave while on unpaid FMLA leave, as long as all employees on an unpaid leave status do not accrue sick pay either. In other words, employees on similar leaves must be treated the same way.

Policies are key to enforcing the rules

Employer policies govern whether employees on FMLA leave continue to accrue more leave. Often, policies allow employees on paid leave to continue accruing more paid leave, while employees who are on unpaid leave don’t.

Whether the leave is paid or unpaid, employers must treat employees on FMLA leave the same way they treat employees on non-FMLA leave. Otherwise, they would be considered to be discriminating against employees on FMLA leave, thus violating the FMLA.

Here’s a quick breakdown:

• If employees on non-FMLA unpaid leave would accrue more unpaid leave, employers must allow employees on unpaid FMLA leave to accrue more unpaid leave.
• If employees on non-FMLA paid leave are entitled to accrue more paid leave, when employees use paid leave (e.g., sick, vacation, PTO) for otherwise unpaid FMLA leave, employers must allow employees to accrue more paid leave during the FMLA leave.

Specifically, the regulations state: “An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate).” Reference: 29 CFR 825.209(h)

Key to remember: Whether employees accrue paid time off during FMLA leave (paid or unpaid) is up to employer policies, but employers must treat employees on FMLA leave the same as employees on non-FMLA leave.

An audit can diagnose compliance issues

The same is true with HR audits. When weighing the pros and cons of an audit, keep in mind that a successful audit can help identify and correct regulatory noncompliance problems, which can help reduce your company’s liability.

An audit can also serve as an educational tool, as it can increase employee awareness about HR processes and procedures.

In addition, an audit is an opportunity to demonstrate your company’s commitment to employees’ well-being and overall success. Transparent and compliant HR practices create a positive work culture, enhancing employee trust and morale.

Finally, an audit might identify ways to improve the efficiency and cost-effectiveness of HR technology systems.

Show you’re making a good faith effort

As a bonus, regular audits may be viewed favorably by regulatory agencies and in legal proceedings.

A thorough HR audit with proper follow-up action steps can show that your company is making a good-faith effort to comply with applicable regulatory requirements and has good overall policies and practices.

You probably wouldn’t make the dietary changes necessary to lower your blood sugar unless your physician ran tests, discovered your glucose levels were high, and suggested ways to bring the number down.

Likewise, you probably wouldn’t be aware of some problems in your day-to-day HR operations without an audit. And who knows? Maybe you’ll discover you and your department are perfectly healthy.

Help your employees understand and appreciate their health plan

The survey results provide a national overview of what people know and don’t know about health benefits. To help your employees understand their health plans better, you should:

1. Have a plan. Get into a regular routine of communicating about benefits throughout the year.
2. Listen. While the CEHCS information is a good start, finding out what your employees know about their health benefits would be even more helpful. This can be a simple email, a formal survey, chitchat around the workplace, or a quick virtual call to a sampling of employees.
3. Teach. Tell your employees (without using jargon) about what is included in their health plan, how they can access their benefits, and who they can reach out to with questions.
4. Be transparent. Those surveyed who were unhappy with their health plan often mentioned cost. Be open with employees about what their health plan costs and why.
5. Confirm comprehension. After delivering information about your company health plan, ask employees for feedback and confirm they understand the information shared. Sometimes employees might be reluctant to ask for clarification. Let them know who to contact with any follow-up questions.
6. Conduct supervisor training. Supervisors are often on the front line with employee benefit questions. Make sure supervisors have a solid grasp on your company health plan so they can answer basic questions. And let them know who to contact when questions are more complicated.

Key to remember: For employees to get the most from their health plan, they must understand the terminology. Likewise, employers need to know where there are gaps in employees’ understanding and satisfaction.

4 steps to employee communication

• Prepare: Before employees go on leave, employers can talk about what employees should expect in the way of communication. This isn’t always possible, however. The need for leave can come up suddenly, making it tough to plan ahead. Having a policy can help, but when things go sideways, employees might not be thinking about workplace rules.
• Try different methods: Employers should try contacting employees using various forms of communication, such as calls, texts, emails, regular mail, and even registered mail. If employers have a reason to believe an employee could be dealing with a medical issue or emergency, they might reach out to the employee’s emergency contact. Employers should document all communication attempts.
  Employers should be patient. Remember that the “H” in HR stands for “human.” Life throws curveballs, and having someone in their workplace corner can help employees return to work and help employers avoid the risk of a claim.
• Review the “no-call, no-show” policy: If all communication attempts are unsuccessful, it may be time to review the no-call, no-show, and/or attendance policies. These often indicate when employers might consider an employee’s absence as a voluntary resignation. Employers might need to make exceptions to the policy in the event they find out an employee is dealing with a medical issue protected under the FMLA, or other law.
• Potential termination: If employers learn that there’s no reason justifying an employee’s ghosting activities after taking the appropriate, well-documented steps, they may begin moving toward termination.

Employers must consider all the facts involved in each situation. The devil is in the details.

Once employers identify an effective communication method with an employee, they should keep the line of communication open. Good communication can improve overall employee relations. In turn, this can help improve a company’s image, strengthen hiring and retention goals, and help create a work environment that no one wants to ghost.

Key to remember: If employees on FMLA leave ghost employers, employers may take some steps to help establish communication.

Investigation results

OSHA's investigation revealed that critical safety procedures were not followed for machine safety. The company was cited for one willful violation for not de-energizing a machine and two serious violations for allowing employees to bypass safety doors and failing to conduct annual inspections on energy control procedures. These violations have resulted in $193,585 in proposed penalties. Unfortunately, this isn't the first time the company has faced safety issues; there have been previous fatalities and a history of violations since 2016.

So, what can an employer do to ensure this does not happen to them? OSHA provides two comprehensive standards related to machine safety that employers need to establish in their safety programs. The first is machine guarding, found at 1910 Subpart O - Machinery and Machine Guarding. The second is 1910.147, The Control of Hazardous Energy (Lockout/Tagout).

Importance of machine guarding

The machine guarding standard requires that machines be equipped with guards to protect operators and other employees from hazards such as point of operation, ingoing nip points, rotating parts, and flying debris. These guards must be securely attached to the machine and designed to prevent any part of an employee's body from entering the danger zone during operation.

OSHA doesn't specifically require machine guarding training, but it does expect employers to make sure their workers are protected from machine hazards. This means employers need to train their employees on how to recognize these hazards and use machine guards correctly. As a best practice, training should occur prior to working on the equipment, and whenever changes in the equipment or processes occur that impact the guarding.

Importance of controlling potentially hazardous energy

Lockout/Tagout (LOTO) requirements are designed to protect workers from hazardous energy during the servicing and maintenance of machines and equipment. The standard applies to the control of energy during these activities, where unexpected energization or the release of stored energy could cause injury.

As part of this regulation, employers must establish an energy control program that includes specific procedures for shutting down, isolating, blocking, and securing machines or equipment to control hazardous energy. The regulation also requires evaluating the procedures at least annually to ensure they are accurate and effective.

Employee training is dependent on the role of the employees including:

• Authorized employees, who perform the lockout/tagout procedures, must be trained in recognizing hazardous energy sources and the methods to isolate and control them.
• Affected employees, who operate or use the machines being serviced, need to be aware of the procedures and the importance of not attempting to restart equipment that has been locked or tagged out.
• Other employees, who may be in the area, should be informed about the lockout/tagout procedures and the significance of the devices used.

Key to remember: This tragic incident highlights the urgent need for employers to enforce safety when working with machines, including machine guarding and lockout/tagout procedures, and ensure employees are well-trained to recognize and mitigate hazards.

1. Use approved containers and cabinets:

OSHA (29 CFR 1910.106) and NFPA require that flammable liquids are stored in:

• Approved safety cans having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure.

• Flammable storage cabinets: When storing more than 25 gallons of flammable liquids, they must be kept in cabinets that meet the NFPA construction and materials standard. These cabinets must be constructed of metal or wood, labeled with “Flammable,” and have self-closing doors in certain states.

2. Keep storage quantities within limits:

Regulations limit how much flammable liquid can be stored:

• Up to 25 gallons of flammable liquids outside a cabinet.

• Up to 60 gallons of Class I, II, and III liquids in a cabinet.

• No more than 120 gallons of Class III liquids per cabinet.

• No more than three cabinets per fire area, unless separated by 100 feet.

• Excess amounts of flammable liquids must remain in an inside storage room (see 1910.106(d)(4) on design and construction of indoor storage rooms).

3. Maintain proper ventilation:

Flammable vapors create fire hazards, so proper ventilation is crucial:

• OSHA requires workplaces to keep vapor concentrations below 25% of the lower explosive limit (LEL).

• In certain situations, monitoring systems might be required to detect excessive vapor concentrations and trigger alarms if recirculation is used.

• NFPA recommends mechanical or natural ventilation to prevent vapor build-up, especially in enclosed areas.

4. Separate and segregate flammable liquids properly:

Mixing incompatible chemicals can lead to dangerous reactions. Employers should:

• Store oxidizers, acids, and other reactive chemicals separately from flammable liquids.

• Maintain a minimum separation of 20 feet between flammable and combustible liquids or use a fire-rated partition.

5. Control ignition sources:

Flammable liquids must be stored away from anything that can ignite them:

• Keep storage areas at least 25 feet from open flames, sparks, or heat sources.

• Use explosion-proof electrical fixtures in flammable storage areas.

6. Implement spill control and emergency planning:

Even with proper storage, spills can happen. Employers should:

• Use spill containment systems like spill pallets or dikes.

• Maintain spill kits with absorbents and PPE nearby.

• Train employees on emergency response procedures in case of a spill or fire.

7. Conduct regular inspections and employee training:

Compliance is an ongoing effort. Employers should:

• Inspect flammable liquid storage areas regularly for leaks, damage, or code violations.

• Provide OSHA-mandated Hazard Communication training on handling and storing flammable liquids.

• Ensure all employees know how to read Safety Data Sheets (SDS) and use proper PPE.

• Perform process hazard analyses.

Proper storage of flammable liquids is not just about regulations; it is about preventing workplace disasters. By following safe practices, employers can reduce fire risks, protect employees, and avoid costly fines. Taking the proper precautions today ensures a safer and more productive work environment.

Key to remember: Following storage regulations, inspecting equipment, and safe work practices helps prevent fires from flammable liquids.

What do the regulations require?

Ladders come under OSHA’s walking-working surfaces regulations in 29 CFR 1910 Subpart D. The ladder regulation at 1910.23 applies to all general industry employers that use ladders, with two exceptions: ladders used for emergency operations (e.g., firefighting or rescue operations) and ladders that are an integral part of a machine’s design.

As an employer, you must ensure that:

• All ladders used in your workplace meet the safety requirements outlined in 1910.23, and
• Workers are trained in the proper use and inspection of the ladders they use in the workplace.

Get a leg up on training

Ladder safety training must be conducted by a “qualified person.” Per 1910.21, a qualified person describes someone who has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project. That demonstrated ability must be shown by:

• Possession of a recognized degree, certificate, or professional standing; or
• Extensive knowledge, training, and experience.

OSHA believes that many employers can draw upon the knowledge and experience of their staff to provide effective ladder safety training. Crew chiefs, supervisors, and other individuals at a facility can train workers. The catch is if they do not have a recognized degree, certification, or professional standing, then these trainers must have extensive knowledge, training, and experience. You may use outside personnel to train workers if, again, that trainer is a “qualified person.”

Workers must be trained on the proper use of ladders, correct climbing techniques, and how to use any safety systems that are in place. When making a climb, your workers must:

• Face the ladder while going up or down it.
• Use at least one hand to grasp the ladder when climbing up or down.
• Not carry anything up or down a ladder that could cause them to lose their balance and fall.

Other ladder safety precautions include:

• Select a ladder with adequate length and load limits.
• Don’t use metal ladders near electrical lines.
• Set up the ladder on a firm, solid surface.
• Keep areas around the top and bottom of the ladder clear.
• Fully open a stepladder and lock the spreaders.
• Store ladders securely in designated areas on racks or hooks.

All eyes on safety: Ladder inspections

Ladders must be inspected before initial use in each work shift, and more frequently as necessary. The idea is to identify any visible defects that could cause workplace injury. The phrase “as necessary” may include instances where a ladder falls over or potentially gets damaged during use.

Although inspection procedures aren’t outlined in the regulations, OSHA has said that it recognizes that an inspection done before the first use of the shift may be different from an “as necessary” inspection. For example, an inspection performed before the first use may include a check that the rungs are parallel and the footing is stable, while an inspection that’s conducted if a ladder is struck by a vehicle may look for structural cracks, missing rungs, or bent spreaders.

If you or your workers find a defect during use or inspection, immediately tag it, “Dangerous: Do Not Use,” or other similar language that meets the requirements of 1910.145. The ladder must be immediately removed from service until repaired or replaced.

Key to remember: Statistics show that workers have been seriously injured or killed due to falls from ladders. You, the employer, must ensure workers are trained on safe use and that ladder inspections are performed initially and as necessary.

The last line of defense

Ideally, employers will protect workers through engineering controls, like air conditioning, ventilation, or misting fans. Additionally, they may implement administrative controls like adjusting work shifts to cooler parts of the day or increasing the duration of rest breaks in cooled areas.

There are times, however, when these protections are not enough, are impractical, or are too expensive. When engineering and administrative controls aren’t sufficient to protect workers, the last line of defense — PPE — is needed.

Types of cooling solutions

Keeping workers safe amidst rising temperatures can be a challenge and has resulted in the introduction of a variety of cooling solutions. Personal cooling garments (PCGs) and other technological devices are becoming more common in the workplace to help employees maintain a healthy core body temperature.

Whether passive (non-powered) or active (powered), PCGs are designed to help with the heat exchange between a worker’s body and the environment.

PCGs work in different ways to reduce the heat placed on workers. Garments may be:

• Conductive — utilizes power to force ambient or cooled air through the garment to assist with the heat exchange between the worker’s skin and the environment.
• Convective — deploys the circulation of cooled fluids or other pre-cooled materials (e.g., gel packs) to prevent increase of the worker’s core body temperature.
• Evaporative — uses water-soaked materials or garments to assist with the evaporation of sweat from the body.
• Radiative — incorporates reflective or light-colored materials or fabrics to reduce heat absorption by the worker’s body.

Selecting the right cooling method

There is no “one size fits all” protection for those subjected to workplace heat. Employers considering the use of PCGs for heat stress management should evaluate several factors to ensure selected cooling methods are best for their operations and workforce. Consideration should be given to:

• Age and health of workers;
• Workload and activity type (mild, heavy, extreme);
• Environmental conditions (humidity, radiant heat, etc.);
• PPE and protective clothing already required; and
• Duration and frequency of heat exposure.

Key to remember: As temperatures soar, employers should consider new and varied cooling solutions to help workers beat that heat.

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.