PHMSA withdrawal keeps registration fees steady for now

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

Who must report?

TSCA Section 8(e) requirements apply to both organizations and individual employees engaged in manufacturing (including importing), processing, or distributing in commerce a chemical substance or mixture.

Tip: The statute offers no applicability exemptions for a facility’s size, production or import volumes, or commercial activities.

Those in the company who manage Section 8(e) obligations (“officers”) should ensure that the organization meets the requirements. Officers have personal civil and/or criminal liability to verify that SRNs are submitted.

Facilities may assume responsibility from employees and officials for reporting substantial risk information directly to EPA if they establish and implement internal procedures for employees to submit information to the company. The procedures should include:

• What information must be submitted;
• How submissions are prepared and who in the company receives them;
• The federal penalties for failing to report; and
• How officers and employees receive prompt written notification of whether the report was submitted to EPA (if information isn’t reported, the written notification has to mention the right of officers and employees to report the information directly to EPA).

If a business doesn’t have established SRN procedures, all of its employees and officials are individually responsible and liable for ensuring that substantial risk information is submitted directly to EPA.

Regardless of who submits the SRN to the agency, the report should be made within 30 calendar days of obtaining information about a substantial risk of injury.

What qualifies as a substantial risk?

The SRN guide defines substantial risk as “a risk of considerable concern” due to:

• The seriousness of the effect on human or environmental health (health effect), and
• The fact or probability that it will occur (level of exposure).

The type of health effect determines the weight of importance assigned to both factors. For instance, if the chemical’s health effect is severe (like causing birth defects), less weight is given to the level of exposure.

The types of health effects include:

• Human health effects (such as serious or prolonged incapacitation);
• Environmental effects from nonemergency environmental contamination (like widespread accumulation of a chemical substance in the air or water); and
• Emergency environmental contamination that seriously threatens:
  • Humans with cancer, birth defects, mutation, incapacitation, or death; or
  • Nonhuman organisms (e.g., fish, algae, etc.) with significant population destruction.

How are SRNs submitted?

You should submit SRNs electronically through the Chemical Information Submission System (CISS), which is accessed via the Chemical Safety and Pesticide Programs (CSPP) service on EPA’s Central Data Exchange (CDX).

Tip: Reference EPA’s CDX Chemical Safety and Pesticide Programs (CSPP) Registration User Guide for detailed registration instructions.

If your SRN includes confidential business information claims, you’re required to submit the notice electronically.

Key to remember: If your facility obtains information that a chemical you handle poses a substantial risk to human or environmental health, you must report the information to EPA immediately.

Who’s impacted?

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

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

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

What are the Third Rule changes?

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

What’s the same?

Specifically:

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

What’s different?

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

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

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

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

What’s the post-receipt manifest correction process?

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

Follow this general process on the e-Manifest System:

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

Manifest correction FAQs

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

What manifest information can I correct?

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

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

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

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

What’s the CROMERR certification?

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

Can I revert to a previous manifest version?

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

Can brokers sign corrected manifests?

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

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

Common denominators across modes

Several constants are built into 49 CFR Part 40, which contains the procedures for drug and alcohol testing of transportation workers. These constants ensure consistency, fairness, and privacy.

To sum up Part 40, it specifies:

• Privacy and security requirements for collection sites,
• The collection kits, equipment, and forms to use,
• Collector and technician training,
• Steps to perform drug and alcohol tests,
• Approved laboratories,
• Steps to return to duty following a violation,
• Follow-up testing after a return-to-duty program, and
• Credentials and training of:
  • Collection site personnel,
  • Medical review officers (MROs), and
  • Substance abuse professionals (SAPs).

To create this uniformity between modes, Part 40 is referenced by all agencies subject to DOT testing:

• Federal Motor Carrier Safety Administration (FMCSA)
• Federal Aviation Administration (FAA)
• Federal Railroad Administration (FRA)
• Federal Transit Administration (FTA)
• Pipeline and Hazardous Materials Safety Administration (PHMSA)
• United States Coast Guard (USCG)

This means each covered employee will experience the same procedures no matter what agency they operate under, including specimen collection, lab analysis, handling of drug test results, and alcohol testing procedures. Those who violate DOT testing rules are subject to the same evaluation, treatment, and testing requirements.

Part 40 also requires employers to investigate the DOT drug and alcohol history of those applying to or transferring into a safety-sensitive position.

Variables that change the formula

In addition to Part 40, DOT employers and employees must factor in agency-specific rules. For example, FMCSA-regulated employers must follow 49 CFR Part 382, while PHMSA-regulated employers follow 49 CFR Part 199.

Agency rules lay out:

• Which entities are subject
• Who is a covered employee
• What activities are safety-sensitive functions
• When testing is required
• Training of employees and supervisors
• Content of policies and procedures
• Prohibited behavior
• Recordkeeping
• Random testing rates
• Confidentiality

When an agency rule conflicts with Part 40, the company must go with the more stringent of the two. For example, FMCSA requires employers to investigate the past three years of DOT testing history, while Part 40 requires just two. So, FMCSA-regulated employers must pursue three years.

And, of course, many agency-specific requirements must be followed. For instance:

• FMCSA employers must use the Drug and Alcohol Clearinghouse as the sole means of learning of FMCSA testing violations. Other agencies don’t have access to this or any similar database.
• PHMSA only requires random drug tests; random alcohol testing is not permitted.
• Some agencies require the observations of two trained supervisors for reasonable suspicion tests.

Employer²

When the same employer is subject to testing for more than one DOT mode, it’s important that the two remain separate. This means each program must have its own chain of custody forms, alcohol testing forms, lab accounts, and so forth.

Forms. When an employee is sent to a clinic, these dual-mode employers must ensure the clinic personnel know which testing form to use and the appropriate agency box to check. This is especially important when a violation needs to be reported to the Clearinghouse. The MRO will only report those checked as FMCSA.

Policies. Dual-mode employers must have a testing policy for each agency. A single policy does not communicate the modal-specific requirements and definitions. An investigator only wants to see what applies to their agency.

Random testing. If an employer is subject to more than one DOT agency for testing, they have the option of creating separate selections or combining them into a single pool (similar to a consortium). They would test at the highest minimum testing rate represented

Employee²

Employees who are subject to more than one mode under the same employer must be in both agency programs.

These employees are subject to all aspects of each respective agency (e.g., background checks, issuance of each policy, post-accident testing, etc.).

The only exception is random testing. These employees are placed in the random pool for the agency where they perform at least 51 percent of their job functions.

Key to remember: Make sure your DOT testing program adds up. Part 40 plus your agency-specific rules equals total compliance.

Trip planning and preparation

When trip planning during the winter months, it’s extra important to check the weather conditions for the day and ensure that your drivers won’t be driving into a winter storm. If there’s any adverse weather on the radar, drivers should be creating a plan that includes:

• Identifying safe and legal parking locations along their route,
• Selecting a new route, or
• Working with dispatch to modify their schedule to avoid said weather conditions.

Additionally, drivers should have extra supplies during the wintertime in case they do end up being stranded. Examples of items to keep on hand include warm clothing, blankets, nonperishable foods, water bottles, a shovel, candles, and flashlights.

Tire chains

Tire chain requirements can start as early as September and last through May in some states. Check on the chain laws in each state in which you operate, and ensure your drivers are compliant with the local regulations. To do this, verify that drivers who need tire chains have them and know how to use them.

Avoid skids and jackknifing

Slippery conditions lead to increased chances of skids. There are a few things you can do to minimize the risk of skids and jackknife incidents.

• If you haven’t already, consider investing in anti-lock brakes, which auto-adjust brakes in response to tire skids.
• Remind drivers of the best practices to avoid skidding and jackknifing.
• Teach drivers what to do if they start to feel like they are entering a skid.

Adverse driving conditions

According to the hours-of-service adverse-conditions exception under 395.1(b), CMV drivers are permitted to exceed the normal driving and on-duty limits when they encounter unexpected adverse weather or traffic conditions. This exemption allows drivers to exceed the 10- or 11-hour driving limit and the 14- or 15-hour duty limit by up to 2 hours. However, this exemption only applies if there are unforeseen circumstances that the driver could not have known prior to the beginning of their trip.

Make sure your drivers, dispatchers, and leaders understand the adverse driving conditions of exemption, as well as when it can and cannot be used.

Key to remember: The safety of your drivers and those they share the roads with should be top priority this winter. Make sure they know and understand the challenges of winter driving.

1. Start with a positive safety culture

A strong safety culture begins with leadership buy-in and accountability for a safe operation across all departments.

Drivers want to work for companies that prioritize their well-being, and that starts with clear policies, consistent enforcement, and a shared commitment to safety. Progressive discipline policies, equitable treatment, and empowering drivers to refuse unsafe tasks without fear of retaliation are essential steps.

2. Establish compliance as the foundation

Legal is not always safe. Carriers must adopt practices that exceed minimum standards to truly safeguard their workforce.

Keeping up with Federal Motor Carrier Safety Regulations (FMCSRs) is critical, but carriers should view compliance as the foundation—not the goal. Outdated policies and inadequate training can expose companies to litigation and reputational damage.

Regularly review and update safety manuals, train staff before implementing changes, and document every step. Policies should reflect real-world operations and be adaptable as technology and regulations evolve.

3. Leverage technology for safer operations

Video-based coaching has become a cornerstone of modern fleet safety programs. Dash cams paired with corrective-action training can significantly reduce crashes and violations. A study by the Virginia Tech Transportation Institute found that when carriers use cameras for behavior management, they can achieve up to a 35 percent reduction in injury crashes and 20 percent reduction in fatal crashes.

Beyond compliance, these tools help exonerate drivers in litigation and provide actionable insights for coaching. However, technology should complement—not replace—human interaction. Artificial intelligence (AI)-powered alerts can flag risky behaviors, but personal engagement remains key to building trust and improving performance.

4. Engage and recognize drivers

Change management is critical when introducing new safety initiatives. Drivers need to understand the “why” behind changes and feel their input matters. Strategies include town hall meetings, open feedback channels, and visible leadership support.

Recognition programs also play a vital role in sustaining engagement. Scorecards, gamification, and public acknowledgment of safe behaviors foster a competitive spirit and reinforce positive habits. When drivers see that safety leads to better pay and recognition, buy-in becomes easier.

5. Use best-in-class practices

Industry-leading safety programs integrate some or all the following best practices:

• Advanced driver assistance systems (ADAS) on vehicles;
• Continuous driver behavior monitoring, coaching, and training;
• Predictive maintenance software;
• Regular mock compliance audits;
• Fleet management systems to track all compliance requirements; and
• Third-party management of select compliance tasks when necessary.

Taking these steps lowers risk and improves Compliance, Safety, Accountability (CSA) scores—key factors that drive profitability, improve driver retention, and make hiring easier. Strong CSA scores positively influence insurance rates and they matter to drivers when choosing where to work.

Keys to remember: Safety is not a one-time initiative, it’s a continuous journey. Carriers that invest in culture, technology, and driver engagement will not only meet regulatory standards but also create safer roads, stronger teams, and a more resilient business.

Positive dilute

If a test result is positive but dilute, you’ll need to treat it the same as a positive test result. You must:

• Not order another test;
• Notify the driver;
• Remove the driver from safety-sensitive functions;
• Give the driver a list of substance abuse professionals (SAPs) from whom the driver can seek treatment;
• Not use the driver again until the driver completes treatment and passes a return-to-duty test; and
• Retain the test results for five years.

The MRO will report the test result to the Drug & Alcohol Clearinghouse, the same as any other positive test.

Negative dilute

For results that are negative but dilute, your actions will depend on the creatinine level (creatinine is a waste product found in urine), as follows:

2 to 5 mg/dL — The MRO will contact you to request an immediate re-collection under direct observation.

• If the driver refuses this test, it’s treated the same as any refusal (which means following the steps above for a positive test, including reporting to the Clearinghouse).
• If the driver goes for this follow-up test, the result becomes the official result of record.
• If the result comes back as negative dilute again, the test is declared negative.

Over 5 mg/dL — No retest required. However, you can have a company policy requiring a retest, as long as you communicate it to drivers and enforce it uniformly. If you do retests in this situation, be aware that:

• The test cannot be under direct observation;
• A refusal of the test is treated the same as any other refusal;
• If the result is once again negative dilute with a creatinine level over 5 mg/dL, you cannot retest the driver (i.e., no third test) and it’s deemed a negative result.
• If the result is negative dilute with a creatinine level of 2 to 5 mg/dL, the MRO will demand yet another test immediately under direct observation.

A positive, adulterated, or substituted test result on any retest becomes the result of record, and all the consequences of a drug testing violation apply.

Key to Remember: If a driver’s drug test result comes back as dilute, be sure you know what to do next.

When are same-gender observers required?

There are two types of collections that require a person of the same gender: monitored collections and collections performed under direct observation.

Monitored collections are used when the employee being tested must provide the specimen in a multi-stall restroom that cannot be secured, e.g., the water cannot be shut off or soap dispensers can’t be secured. In these instances, the collection must be monitored, meaning that a person of the same gender as the person providing the specimen must be in the bathroom — but not the stall — while the person provides the specimen. The only exception to the same-gender rule in a monitored collection is if the monitor is a medical professional, i.e., an individual licensed or certified to practice in the jurisdiction in which the collection takes place.

In the instance of a direct observation, the person providing the specimen must be observed by someone of the same gender as the urine specimen is collected. If the collector is not the same gender as the individual being tested, then an observer of the same gender may be used. An observer is not required to be a qualified collector.

Collections are performed under direct observation when:

• The test is a return-to-duty or follow-up test,
• The collector observes materials brought to the collection site,
• The employee’s conduct clearly indicates an attempt to tamper with a specimen,
• The temperature on the original specimen is out of range, and
• The original specimen appears to have been tampered with.

Recollections are performed under direct observation when:

• The laboratory reports to the medical review officer (MRO) that a specimen is invalid, and the MRO cannot identify an adequate medical explanation for the result;
• The MRO reports that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed; and
• The lab reports to the MRO that the specimen was negative-dilute with a creatinine concentration outside of the normal range.

It’s up to the motor carrier to comply

It’s important that motor carriers understand the situations in which a person of the same gender must be available to monitor or observe a urine collection for a Department of Transportation (DOT) drug test so that the carrier doesn’t inadvertently violate the regulations.

For example, the motor carrier has a male driver who needs to complete six follow-up tests to resolve a DOT drug violation. The carrier notifies the driver to report immediately to the collection site to take the first of the six follow-up tests. Because this is a follow-up test, the collection must be performed under direct observation, but the entire staff at the collection site that day is female. The driver’s follow-up test cannot be performed that day unless arrangements are made to send the driver as soon as possible to a different facility that has a male observer available. If the test is not completed that day, the carrier will have to send the driver on another day, but now the motor carrier is in violation of 40.309(b) of the Federal Motor Carrier Safety Regulations (FMCSRs), since the driver is now aware of and has advance notice of the follow-up test.

Be proactive

So, what can a carrier do to ensure a collection site has collectors, monitors, and/or observers of both genders available? Part 40 grants employers the right to conduct site visits to ensure that service agents are compliant with the FMCSRs. If this isn’t something you’ve done in a while — or at all — you may want to take some time to visit your collection site. While there, ask whether the site has employees of both genders available during all of the collection site’s business hours. If not, you may want to consider looking for another collection site.

And when the appointment is made for a test requiring direct observation, the employer should confirm that someone of the same gender as the driver is available at the time of the appointment.

Employer coverage

Under the FMLA, all public employers are covered, no matter how many employees they have. Private employers, however, are covered by the FMLA if they have at least 50 employees in the U.S. who have worked at least 20 workweeks in the current or previous calendar year. Coverage doesn’t end the moment employers drop below the 50-employee level. Once employers meet that threshold, they remain covered until they no longer have 50 employees for 20 workweeks in the current or previous calendar year. The 20 workweeks don’t have to be consecutive.

If, for example, Employer A met the threshold on June 1, 2025, but dropped below 50 employees on December 2, 2025, and continued to have fewer than 50 employees throughout 2026, Employer A would continue to be covered in 2026 because it met the coverage criteria for 20 workweeks of the previous calendar year.

Employee eligibility

As long as employers remain covered by the law, employees are entitled to take FMLA leave for a qualifying reason if they meet three criteria:

• Worked for the employer for at least 12 months (needn’t be consecutive),
• Performed at least 1,250 hours of work in the 12 months before leave is to begin, and
• Work at a location with at least 50 company employees within 75 miles.

Employers must determine whether employees meet the first two criteria based on when the leave will begin. They determine whether employees meet the third criterion based on when the employee gave notice of the need for leave.

Once an employee meets the eligibility criteria for a particular reason, their eligibility remains intact for the duration of the 12-month leave year period.

Employers may not terminate an employee’s leave once it’s begun if the employee count drops below 50. If, for example, Employer A has 60 employees in August, but expects that the number of employees will drop to 40 in December, the employer must grant FMLA leave to an eligible employee who gives notice of the need for leave in August for a period of leave to begin in December.

Key to remember: Downsizing decreases the number of employees, but employers need to understand the nuances of the FMLA regarding employer coverage and employee eligibility.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

Use equipment properly

Paragraph 1910.303(b) covers examination, installation, and use of equipment. It includes a kind of a “general duty clause” that states, “Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees.”

Since electricity could cause serious harm, OSHA can cite that paragraph for a number of hazards. Citations include things like damaged insulation on wiring or exposed electrical parts of equipment motors. However, that isn’t the most frequently cited paragraph.

Sub-paragraph 1910.303(b)(2) gets cited most often. It states, “Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.” Essentially, this tells employers to follow manufacturer instructions when using electrical equipment. OSHA uses this for violations like improperly using power strips or allowing employees to use outlets that were not correctly installed.

For related information, see our article, Five things to know before letting employees work with electricity.

Another frequently cited issue is failing to maintain access and working space around electrical equipment. Paragraph 1910.303(g)(1) requires sufficient access and space to allow safe operation and maintenance, describes specific distances, prohibits using the working space for storage, and requires guarding when live parts are exposed for inspection or service.

Wiring issues

The other commonly-cited electrical standard is 1910.305, covering wiring methods and more. These violations include issues such as outlets or switches without covers, or improperly using flexible cords (such as extension cords) where permanent wiring should be used.

One of the most-cited paragraphs is 1910.305(b)(1)(ii) which says, “Unused openings in cabinets, boxes, and fittings shall be effectively closed.” For example, if a circuit breaker panel has an unused breaker space, it must be filled with a blank. It cannot be left open, and placing tape over the empty slot is not sufficient.

Another frequently-cited paragraph is (g)(2)(iii), which says: “Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws.” OSHA uses this when saws or other equipment gets power through flexible cables coming from an electrical panel.

The Bureau of Labor Statistics lists more than 2,000 injuries from exposure to electricity each year and around 150 deaths per year. Neither of the above standards specifically requires training workers on electrical safety, but employers should provide training on properly using (and not improperly using) electrical equipment and tools. For related information, see our article, What is the difference between qualified and unqualified electrical workers?

Key to remember: Electrical hazards from exposed electrical lines and improperly using equipment could be mitigated by training employees.

How can employers recognize lithium-ion safety during fire prevention week?

Provide fire safety training: Organize sessions on general fire prevention and lithium-ion battery safety. Cover topics like safe charging, storage, inspection, disposal, and emergency response.

Share resources: Distribute materials and safety posters throughout the workplace. Highlight key fire risks, including electrical hazards, clutter, and battery safety.

Review policies: Update fire safety policies and ensure all battery-powered equipment is used and maintained according to manufacturer guidelines.

Promote safe disposal: Set up battery recycling stations and educate employees on proper disposal methods for batteries and other fire hazards.

Conduct fire drills: Practice evacuation plans and ensure all employees know escape routes and assembly points.

How can workers stay safe with lithium-ion batteries at work and home?

How can workers stay safe with lithium-ion batteries at work and home? Workplaces often rely on rechargeable batteries and electrical equipment, which if mishandled, can pose serious fire hazards. To help prevent incidents, employees should:

• Use only manufacturer-approved chargers and batteries.
• Store batteries and flammable materials in cool, dry places, away from heat and moisture.
• Inspect batteries and electrical equipment regularly for signs of damage.
• Report any fire hazards or safety concerns immediately.
• Participate in fire safety training and follow all workplace procedures.

Battery-related fires can happen at home just as easily as they can at work, especially with the growing number of personal devices such as smartphones, laptops, e-bikes, power tools, and electric vehicles. Here are some strategies to include:

• Install smoke alarms and test them monthly.
• Avoid charging devices on soft surfaces or near flammable materials.
• Don’t use damaged or off-brand batteries and chargers.
• Keep batteries out of reach of children and pets.
• Recycle old batteries at approved centers; never throw them in the trash.
• Create and practice a fire escape plan with your family.

Why focus on lithium-ion batteries?

Lithium-ion battery fires are an escalating concern across the United States. These batteries pose serious fire risks when damaged, improperly charged, or disposed of incorrectly. Fires involving lithium-ion batteries burn hotter and spread faster than traditional fires, making them especially dangerous.

Since 2017, incidents have increased by approximately 20% annually. According to the NFPA, urban areas face the highest risk. In New York City alone, 268 lithium-ion battery fires were recorded in 2023, resulting in 18 deaths. As the use of rechargeable devices and electric vehicles continues to grow, these fire incidents are expected to rise nationwide.

Key to remember: Lithium-ion batteries are becoming more popular and essential, but they must be handled responsibly. October’s annual focus on fire prevention is a great time to reinforce safety practices, educate workers, and take steps to prevent fires at work and at home.

What are the changes?

Here’s a list of the standards that updated along with a summary of the changes:

• ANSI Z535.1-2022, American National Standard for Safety Colors — This standard focuses on color tolerances for 10 safety colors: red, orange, yellow, green, blue, black, white, purple, brown, and gray. For 2022, minor updates align the standard with the other Z535 standards. Clarifications are also made to explain how Z535.1 relates to other standards/regulations.
• ANSI Z535.3-2022, American National Standard for Criteria for Safety Symbols — This standard goes over the design and use of safety-related symbols. It recommends symbol designs that are consistent, legible, understandable, simple, and representational. For 2022, you’ll find updated symbols in Annex A and a new caveat added to Annex C1 Scope about variant references. Multiple choice is no longer a test method in this edition when considering symbol comprehension.

• ANSI Z535.5-2022 American National Standard for Safety Tags and Barricade Tapes (for Temporary Hazards) — This standard covers the design of temporary safety tags and barricade tape. It also discusses their application and use. For 2022, the standard has updated references and minor clarifications. Further clarifications are made to explain how Z535.5 relates to other standards/regulations.

More changes coming this year

The remainder of the ANSI Z535 series listed below are anticipated to be revised later this year, but a summary of upcoming changes is not yet available:

• ANSI Z535.2, American National Standard for Environmental and Facility Safety Signs — This standard covers the design of safety signs. It also discusses their application and use.

• ANSI Z535.4, American National Standard for Product Safety Signs and Labels — This standard focuses on the design of product safety signs and labels. It also discusses their application and use, as well as placement.
• ANSI Z535.6, American National Standard for Product Safety Information in Product Manuals, Instructions and Other Collateral Materials — This standard goes over the design of safety-related messages for product manuals and materials. It also discusses their location.

A new, yet-to-be-named ANSI Z535.7, which is also in the works, is projected to cover product safety information shown in electronic media.

How do the updates relate to OSHA compliance?

Technically, these ANSI Z535 series changes do not directly impact federal OSHA compliance. That’s because OSHA currently adopts older 2011 editions of ANSI Z535.1, .2, and .4. Until OSHA issues a final rule to adopt later versions of the ANSI Z535 series, employers are required to adhere to the older editions, as referenced in 29 CFR 1910.145 for general industry and shipyards and 29 CFR 1926.200 for construction.

However, OSHA adds that an employer is allowed to comply with the most current consensus standards (like ANSI) applicable to its operations, rather than with the OSHA regulation in effect, when its action provides equal or greater worker protection. So long as the followed consensus standard provides such protection, a violation where the employer is not literally in compliance with OSHA’s regulation may be considered “de minimis” — a technical violation carrying no penalty.

Therefore, if an employer can demonstrate that the later ANSI Z535.1, .2, and/or .4 standards that it follows provide equal or greater worker protection than 1910.145 or 1926.200 (depending on the industry), that employer may follow those ANSI standards and only risk a de minimis violation during an OSHA inspection of a general industry, shipyard, or construction operation.

Key to remember

Three of the ANSI Z535 standards are updated, with more updates and one addition to come. The ANSI Z535 series changes do not directly impact federal OSHA compliance until that agency issues a final rule to adopt the latest editions.

Answers and variables

Along with the answers to the scenarios presented, the event described some variables that could change the outcome. In the same order above, the event covered the following:

1. The injury to the employee who fell in the parking lot would be work-related but not recordable because there was no medical treatment. However, if the employee needed restrictions or missed a day of work, it would be recordable even if medical treatment was not needed.
2. The injury to the pedestrian struck by a vehicle would not be work-related or recordable because it meets an exception at 1904.5(b)(2)(vii). However, if the pedestrian had been working (like cleaning up the parking lot) rather than starting a commute home, the incident would be work-related and recordable.
3. The employee who passed out due to a special diet would not have a recordable loss of consciousness. This was a non-work condition that happened to occur at work under 1904.5(b)(2)(ii). Oddly, if the employee had passed out due to a phobia, like seeing a large spider at work, that would be work-related and recordable.
4. For the employee injured in November and still away from work in January, the employer should estimate the number of days away, use that estimate to complete the 300A, and later update the 300 Log when the exact day count is known.
5. The employee who fractured an ankle and failed a drug test did have a work-related and recordable injury, even if the employer believes the drug use contributed to the situation.

The event was presented by Edwin Zalewski and Joe Proulx. They also responded to many audience questions during the event.

Key to remember: Any event that occurs at work is presumed to be work-related for the OSHA 300 Log, unless an exception applies. Those exceptions are narrow and depend on the circumstances.

NFPA 70E updated

Did you know that NFPA 70E was initially developed at the request of OSHA to help companies and employees prevent workplace injuries and fatalities caused by shock, electrocution, arc flash, and arc blast?

The 2024 updates to NFPA 70E bring several important changes from the 2021 version and additions that will impact training. Here are some key highlights:

• Enhanced risk assessment procedures: The updates include improved procedures for assessing and managing workplace risks, helping organizations prioritize safety measures.
• Updated Personal Protective Equipment (PPE) guidelines: The revised NFPA 70E provides updated guidelines for selecting and using PPE to ensure worker safety. These guidelines take into account the latest advancements in protective equipment.
• Clearer definitions of safety boundaries: The 2024 edition includes clearer definitions of safety boundaries, helping organizations establish and communicate safe working distances around electrical equipment.

While OSHA does not directly enforce NFPA 70E, they may use it as a reference to support citations for violations related to electrical hazards.

For example, OSHA may consult NFPA 70E’s guidelines on the Flash Hazard Boundary when considering citations for personal protective equipment under 29 CFR 1910.335.

Rising demand for AR and FR apparel

According to studies, the global flame-resistant (FR) apparel market is projected to exceed $5 billion by 2027. This growth is driven by the increasing demand for FR apparel in oil and gas, automotive, building and construction, electric power generation, and chemicals.

These industries require FR and arc-rated (AR) garments to comply with standards such as NFPA 70E for electric arc and NFPA 2112 for flash fire. The need for safety and compliance in these sectors contributes to the rising demand for AR/FR apparel.

If workers are potentially exposed to arc flash explosions, they need to ensure that their workers have proper protection.

Types of AR/FR clothing needed

AR/FR clothing is PPE for protection from arc flashes and fire. It has been designed and tested to protect against specified electrical/heat hazards. Other PPE used with AR/FR clothing include safety glasses, face shields, hard hats, safety shoes, and gloves. Some common types of AR/FR apparel:

1. Flame-Resistant Clothing: This includes shirts, pants, coveralls, and jackets made from flame-resistant fabrics.
2. Arc Flash Suits: These full-body suits provide comprehensive protection against arc flashes. They typically consist of a jacket and pants made from arc-rated materials and are designed to withstand the extreme heat and pressure generated by an arc flash.
3. Arc Flash Hoods: These hoods are worn over the head and neck to protect against arc flashes. They are made from arc-rated materials and often have a face shield or visor to protect the face and eyes.
4. Arc Flash Gloves: These gloves are designed to protect the hands and wrists from arc flashes.
5. Arc Flash Shirts: These shirts are made from arc-rated fabrics and protect the upper body. They are typically long-sleeved and may have features such as high-visibility strips or reflective tape.
6. Arc Flash Pants: Similar to arc flash shirts, arc flash pants are made from arc-rated materials and protect the lower body.

By following NFPA 70E, companies can also ensure compliance with OSHA’s electrical standards at 1910 Subpart S and 1926 Subpart K.

Still confused about the FR/AR clothing requirements? Submit your question through our Expert Help service. Our team of industry experts will respond to your question within 24 business hours.

Key to Remember

AR (Arc-Resistant) and FR (Flame-Resistant) apparel protect workers from fire and electrical hazards. AR clothing protects against arc flashes, while FR clothing is designed to self-extinguish and reduce burn injuries.