Preliminary Plan 15 announces new ELG rulemakings and research

Big takeaway

Over 1,500 warehouse fires happen annually on average, NFPA estimates. That means warehouse fires are not rare. The first time that fire crews lay eyes on your warehouse should not be when there’s a roaring fire there in the middle of the night.

Ideally, fire service members should be involved before a warehouse is built. That way, things like water supplies and crew access can be part of the drawing board. If your warehouse is already in operation, it’s still critical for fire services to check out your warehouse. They can get familiar with your warehouse configuration, its fire suppression systems, and its stored commodities.

While the two reports detail challenges and trends for warehouse fires, one overarching takeaway prevails — pre-planning between the warehouse owner/operator and the fire service is a must. The concept is covered in the podcast too. Pre-incident planning inevitably helps fire crews to efficiently control and suppress an actual fire. It also informs the owner/operator about fire crew capabilities for the site.

OSHA’s Emergency Action Plan standard calls for covered employers to implement a plan to protect employees during fire emergencies. This requirement is found at 29 CFR 1910.38, 1915.502, 1917.30, 1918.100, and 1926.35, depending on your industry. However, the pre-incident planning that NFPA is talking about is pre-planning WITH the fire department so that there are better outcomes for people and property, in the event of a fire.

Identifying challenges

The 125-page NFPA report, “Identifying Challenges to Fire Service Response in Storage Facilities,” emphasizes that warehouses are evolving to meet greater demand. The report:

• Flags 16 challenges that dog fire services in warehouse fires,
• Lists almost 250 articles and publications on fighting warehouse fires,
• Identifies over 20 gaps in knowledge related to warehouse firefighting,
• Makes a nine-category research plan, and
• Offers 12 recommendations.

One recommendation suggests that future study needs to focus on ways fire departments can improve communication with warehouse owners/operators about pre-planning. The idea is that more communication should happen not only for existing warehouses but before constructing them. It’s also vital when warehouses are about to experience a change. Similarly, fire departments and warehouse owners/operators need to work out how employees will be head counted during a fire incident.

Five years of warehouse fires

Another NFPA report, “Warehouse Structure Fires,” chronicles thousands of warehouse fires that happened between 2018 to 2022. In some cases, the 8-page report reflects on fires going back to 1980. It offers 13 charts that cover the:

• Number of warehouse fires,
• Property damage from warehouse fires,
• Warehouse structure status,
• Day of the week the fire occurred,
• Month the fire occurred,
• Time of day the fire occurred,
• Equipment involved in the fire ignition,
• Cause of ignition,
• Contributing factor to ignition,
• Heat source,
• Origin of the fire,
• First item to be ignited, and
• First material to be ignited.

The report concludes that four components are essential to protecting warehouses from fire: proper sprinkler systems, automatic alarms, pre-fire inspections, and pre-planning.

Take it from the pros

Finally, NFPA sat down with two fire protection professionals for 42 minutes to talk about “Big Storage, Bigger Questions.” The podcast sunk its teeth into some of the deeper concepts found in the new “Identifying Challenges” report, including:

• Automatic storage and retrieval systems,
• Unlimited area buildings,
• Tall racking systems,
• Pre-incident planning,
• Firefighting in rural areas,
• Communications between fire departments and warehouse owners/operators,
• Management of change and changing commodities,
• In-rack sprinklers,
• Standpipe systems,
• Limited air supply for respirators, and
• Adopting fire standards.

Again, pre-planning was reiterated. The pros explained that warehouses have many variables, so getting crews into these facilities before any fire happens is important for better outcomes if a fire were to occur.

Key to remember

NFPA released two reports and a podcast related to the challenges of combating warehouse fires and the history of fires in U.S. warehouses. Pre-planning is an overarching theme in all three.

Does OSHA’s BBP standard cover law enforcement?

That's a trick question! The Occupational Safety and Health Act (OSH Act) only covers the private sector. There’s a gap in coverage for the public sector workers like law enforcement officers employed by a municipality or state agency. That means federal OSHA does not regulate the Bloodborne Pathogens (BBP) standard at 29 CFR 1910.1030 for these officers.

However, many states have filled that gap in one of two ways:

• About half the states are considered OSHA “state-plan” states. That means they must be equivalent to or more stringent than federal OSHA for the public sector OR both the public and private sectors. These state-plan states have regulations identical to, similar to, or tougher than the federal Bloodborne Pathogens standard.
• Some of the remaining non-state-plan states proactively filled the gap for the public sector. They adopted OSHA regulations like 1910.1030 under state laws and regulations, or otherwise created their own worker safety and health laws and regulations related to hazards like bloodborne pathogens.

If your state has bloodborne pathogens laws and regulations, it’s important to meet them if you have officers (or any workers) with occupational exposure. Note that occupational exposure is not the same thing as an exposure incident. An exposure incident is actual contact with blood or OPIM. Whereas occupational exposure is reasonably anticipated contact as part of the job duties.

NIOSH offers guidance for law enforcement

Regardless whether your officers are protected by bloodborne pathogens laws and regulations, NIOSH’s fact sheet (DHHS (NIOSH) Publication No. 2025-101) provides tips and best practices specific to the risks to law enforcement. For example, NIOSH suggests that officers complete training on:

• Search techniques,
• Evidence collection methods,
• Use and removal of personal protective equipment (PPE), and
• Reporting work injuries and illnesses.

Some ways officers can keep safe include, but are not limited to:

• Getting HBV vaccination,
• Wearing gloves while performing searches, and considering gloves with puncture resistance (such as those that meet ASTM Standard F2878-19),
• Asking a suspect if they have any sharp objects BEFORE making a search,
• Using mirrors and flashlights to search under or in the crevices of furniture, and
• Reporting sharps hazards and near misses.

When handling sharps, NIOSH recommends:

• Not handing needles/sharps to other officers,
• Never recapping needles or taking syringes apart,
• Using FDA-cleared sharps containers that meet sharps container requirements at 1910.1030(d)(4),
• Replacing sharps containers when they reach the “full” line of the containers, and
• Disposing sharps containers per your state environmental waste laws and regulations.

If an officer suffers an exposure incident involving a contaminated needlestick/sharp, the fact sheet urges the officer to:

• Wash the injured area with soap and water, and
• Follow your law enforcement department’s plan for what to do (e.g., report injuries according to plan) and where to seek treatment.

Treatment should be sought from a healthcare provider immediately. That provider may offer medication or a vaccine to prevent infection.

Earlier NIOSH guidance

The latest fact sheet comes on the heels of an 8-page guidance document from NIOSH — DHHS (NIOSH) Publication No. 2022-154. Learn more about that in our J. J. Keller® Compliance Network article, “NIOSH report points at sharps injuries in law enforcement,” from September 7, 2022.

Key to remember

A recent NIOSH fact sheet argues that law enforcement officers who do searches are at risk of needlestick/sharps incidents! The agency offers tips about how to stay safe and how to handle and dispose of sharps safely. It also explains what to do if there’s an exposure incident.

What are PFAS?

PFAS, called “forever chemicals,” are long-lasting manufactured chemicals that may pose risks to human and environmental health. With thousands of PFAS chemicals, however, controlling their use to reduce the risks is no easy task.

Additionally, PFAS appear in nearly every sector. They’re used in a wide range of products (like food packaging, cleaning products, and textiles) and for commercial and industrial applications.

Prepare for more state PFAS rules

Safer States, an alliance of environmental organizations that supports developing state regulatory policies for toxic chemicals, published the 2025 Analysis of State Policy Addressing Toxic Chemicals and Plastics. The evaluation covered states’ toxic chemical policies (a) introduced in 2025, (b) introduced in 2024 and considered through 2025, and (c) expected to be introduced in 2025. It also included related proposed regulations that would implement existing state laws.

The report projects that at least 29 states will likely consider policies to address PFAS in 2025, including:

Safer States expects these states to consider policies such as:

• Phasing out PFAS uses;
• Disclosing to consumers the presence of PFAS in products;
• Testing and monitoring for PFAS in water, sludge, and waste;
• Setting PFAS standards for drinking water, groundwater, and surface water; and
• Providing resources to clean up PFAS-contaminated sites.

Current state PFAS actions

Multiple states already have PFAS rules on the books. Check out these examples:

• California bans selling or distributing in commerce any new juvenile product that contains regulated PFAS chemicals (CA HSC Section 108946), such as changing pads, motor vehicle child restraint systems, playpens, and strollers.
• New York forbids selling or offering for sale new apparel with intentionally added PFAS (N.Y. Consolidated Laws Section 37-0121).
• Hawaii prohibits manufacturing, selling, offering for sale, and distributing for sale or use food packaging — wraps, liners, plates, food boats, and pizza boxes — with intentionally added PFAS (Act 152 Relating to environmental protection).
• Maryland bans manufacturing, selling, and delivering cosmetic products that contain any of 13 specified PFAS (Md. Code, Health-Gen. Section 21-259.2).
• Colorado requires manufacturers of cookware with intentionally added PFAS in the handle or any product surface that contacts food to, among other things, list the presence of PFAS on the product label (House Bill 22-1345).

Many states also have proposed PFAS rules under consideration, like Texas, Maine, Arizona, Illinois, and Virginia.

Stay alert to state PFAS actions

If your facility uses PFAS, it’s essential to know whether the state has regulations that apply to your operations. Plus, knowing the state’s potential future PFAS rules coming down the pipeline can help you better prepare to comply.

Consider these general tips to support your facility’s efforts to track state PFAS actions:

• EPA provides an online list of the state environmental agencies with links to their websites. Check the state environmental agency’s online news and press releases for policy updates.
• Search for a dedicated rulemaking webpage, as many states maintain a list of proposed and recently adopted regulations. Note that some state sites may be easier to navigate than others, and some state sites may not have a dedicated rulemaking webpage.
• Establish a contact at the state environmental agency. Each agency should list contact information, so don’t hesitate to reach out. You may be able to find someone at the agency who can answer questions about the state’s current and future PFAS rules.

Staying alert to state PFAS regulations can help your organization maintain compliance.

Key to remember: States across the country continue to consider and implement regulations related to PFAS. Staying alert to state PFAS actions is key for businesses to stay compliant.

What does the standard require?

The OSHA First Aid standard (29 CFR 1910.151) requires trained first aid providers at all workplaces of any size if there is no “infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees.”

In addition to first aid requirements, several OSHA standards also require training in cardiopulmonary resuscitation (CPR) because sudden cardiac arrest from asphyxiation, electrocution, or exertion may occur. These standards include permit-required confined spaces; logging; diving; and electrical power generation, transmission, and distribution.

First aid trained or first responder?

OSHA requires prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Whether the first aid provider is a first responder or is first aid trained is up to you and your risk assessment.

Employees considered first aid trained can provide initial treatment to an injured person until more qualified personnel arrive. First aid trained individuals can triage injuries, control the scene to keep others safe, and call for emergency services when needed. Not all first aid trained employees will feel comfortable performing CPR, using an automated external defibrillator (AED), or splinting a broken bone, however.

First responders, though similar in their role, typically have a higher degree of training than first aid trained individuals. Generally speaking, first responders are those that beat the ambulance to the scene such as firefighters or police officers. These responders can perform rescue services or escalate emergency care as needed, such as performing cardiopulmonary resuscitation (CPR) or controlling severe bleeding.

Who is more vital for handling an emergency at your facility? Both! First aid trained employees have process and facility training that first responders may not. For example, they may be more familiar with chemicals on site or process operations. Therefore, they can navigate facilities to reach injured employees quicker to begin initial treatment. First responders, on the other hand, will have a higher level of training for first aid treatment of more complicated injuries.

What’s considered “near proximity”?

OSHA clarifies in a letter of interpretation (LOI) from March 23, 2007, that, “While the first aid standards do not prescribe a number of minutes, OSHA has long interpreted the term ’near proximity’ to mean that emergency care must be available within no more than 3-4 minutes from the workplace. Medical literature establishes that, for serious injuries such as those involving stopped breathing, cardiac arrest, or uncontrolled bleeding, first aid treatment must be provided within the first few minutes to avoid permanent medical impairment or death. Accordingly, in workplaces where serious accidents such as those involving falls, suffocation, electrocution, or amputation are possible, emergency medical services must be available within 3-4 minutes, if there is no employee on the site who is trained to render first aid.”

Regarding work areas, such as offices, where the possibility of such serious work-related injuries is less likely, a longer response time of up to 15 minutes may be reasonable. OSHA gives employers discretion in determining higher risk areas that may need sooner response times.

Employers choosing to rely on assistance from outside emergency responders as an alternative to providing trained responders must ascertain that emergency medical assistance will be promptly available when an injury occurs.

Training requirements

OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as the American Heart Association or the American Red Cross is recommended. Successful completion of any first aid training program should include instructor observation of acquired hands-on skills and written performance assessments.

Keys to remember

OSHA 1910.151 requires employers to ensure prompt first aid treatment for injured employees, either by providing for the availability of a trained first aid provider at the worksite, or by ensuring that emergency services are within reasonable proximity of the worksite. Employers should consider the workplace, hazards, workforce, and location when determining whether to have first aid trained employees or first responders for medical aid.

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

‘Fire from the Storm’ video

The CSB’s new 17-minute safety video, "Fire from the Storm," includes a riveting animation of the events leading to a fire and toxic gas release. The incident occurred when Hurricane Laura damaged a chemical storage facility in Louisiana.

Rainwater then reached the chemical storage. The chemical decomposed, producing toxic chlorine gas and a fire. A large plume of chlorine traveled over the community.

The CSB video calls on OSHA and EPA to amend regulations on Process Safety and Risk Management, respectively. Five key safety issues contributing to the incident are covered:

• Extreme weather preparation,
• Process hazard analyses,
• Emergency preparedness and response,
• Adherence to hazardous materials codes, and
• Gaps in regulatory coverage of reactive chemical hazards.

The latest video follows two others issued in October and July. It also aligns with an alert shared last July on hurricane preparedness.

Cold weather alert

Cold weather can crack or break pipes. It can also lead to ruptured or damaged process equipment and/or failing instruments. In December, CSB rang alarm bells over an uptick in chemical incidents during cold weather. The CSB alert listed over a dozen safety steps and links to guidance on cold weather operations.

Process safety management programs are regulated at 29 CFR 1910.119. Per the alert, these programs should consider how low temperatures may affect piping, equipment, and instruments. Equipment susceptible to ice or hydrate formation should also be identified and properly winterized.

Extreme weather dangers are a recurring theme for CSB. Last July, during hurricane season, Owens said, “When it comes to extreme weather, chemical companies should expect the unexpected and must always be prepared for the worst-case scenario.”

Event summaries issued

In a move toward transparency, CSB compiled summaries for 26 of the chemical incident reports it has received. These events summarized in Incident Reports Volume 1 resulted in five fatalities, 17 serious injuries, and about $697M in property damage in 15 states since April 2020.

For over two years the board has posted “overall” data about incidents reported under 40 CFR 1604. That’s the Reporting of Accidental Releases standard. CSB now calls this standard the “Accidental Release Reporting Rule (ARRR).”

For the record, CSB has received 460 reports in the last five years. The reports reveal 68 fatalities and 249 serious injuries/illnesses. Over 200 of these incidents involved property damage of $1M or more.

The overall data reports provide:

• The name and location of the chemical facility,
• The date of the incident, and
• Whether the incident involved a fatality, serious injury, or substantial property damage.

However, the latest Volume 1 also reveals:

• A summary of the event,
• Its probable cause, and
• Images of the involved facility or incident scene.

Owens argued, “The American people have a right to know about the kinds of dangerous chemical incidents that happen across this country every week.”

Reporting form change

It’s worth noting that CSB updated its Accidental Release Reporting Form and Instructions last June. The changes:

• Merge the form and instructions into a single document;
• Make minor formatting and grammar corrections;
• Indicate a fourth reporting method (to call CSB to relay the National Response Center ID number);
• Clarify that only “substantial” property damage information is required; and
• Add a confidential and disclosure statement.

Key to remember

CSB continues to deliver videos, weather-related alerts, and data. The agency has also updated its reporting form and launched an initiative to reveal more incident details on a regular basis. Expect more from the board in 2025, along with any number of investigative reports.

Regulations and requirements

In Canada, the use of tire chains for commercial trucks varies by province. For instance, in British Columbia commercial vehicles weighing between 5,000 and 11,794 kilograms must carry chains or other acceptable traction devices from October 1 to April 30 (unless equipped with winter rated tires). If over 11,794 kilograms, drivers are required to carry steel chains on most highways.

Commercial Vehicle - Tire and Chain Requirements - Province of British Columbia

These regulations are in place to ensure that trucks can safely navigate the unpredictable winter conditions that can include slush, ice, heavy snowfall, and compact snow.

Here’s a quick run-down of the tire chain requirements by province:

• Alberta: There are no specific provincial laws mandating tire chains, but they are required in Banff and Jasper National Parks from November 1 to March 31.
• British Columbia: Tire chains are required on most highways from October 1 to April 30. Signs will indicate when chains are mandatory.
• Manitoba: No specific laws require tire chains, but winter tires are recommended
• New Brunswick: No specific laws require tire chains, but winter tires are recommended.
• Newfoundland and Labrador: No specific laws require tire chains, but winter tires are recommended.
• Nova Scotia: No specific laws require tire chains, but winter tires are recommended.
• Quebec: Chains are generally not allowed except for emergency vehicles, farm tractors, and snow removal equipment. Winter tires are mandatory from December 1 to March 15.
• Ontario: Chains are not permitted on most vehicles, except in certain northern regions and for emergency vehicles.
• Prince Edward Island: No specific laws require tire chains, but winter tires are recommended.
• Quebec: Chains are generally not allowed except for emergency vehicles, farm tractors, and snow removal equipment. Winter tires are mandatory from December 1 to March 15.
• Saskatchewan: No specific laws require tire chains, but winter tires are recommended.
• Yukon: No specific laws require tire chains, but winter tires are recommended
• Northwest Territories: No specific laws require tire chains, but winter tires are recommended.
• Nunavut: No specific laws require tire chains, but winter tires are recommended.

Using tire chains

Ensuring your drivers know how to properly install tire chains is crucial for their safety and the efficiency of your operations. Conduct regular training sessions that cover the different types of chains, the correct installation process, and the importance of securing the chains tightly to prevent damage. By providing hands-on practice opportunities in a controlled environment so your drivers can gain confidence and proficiency. Additionally, equip each of your trucks with a detailed instruction manual and a set of essential tools for chain installation. By prioritizing this training, you can help your drivers navigate winter roads safely and effectively.

The use of tire chains is an essential practice for commercial truck drivers in Canada, particularly during the winter months. Whether using steel link chains, cable chains, or automatic tire chains, the key is to be prepared and knowledgeable about the tools available to maintain traction and control on icy and snow-covered roads.

Key to remember: By adhering to provincial regulations and following best practices, you can enhance your driver’s safety and ensure that they can navigate the challenging winter conditions effectively.

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!

Why we do an air brake test

Drivers skip this test because they do not know the reason the test is important. When surveying drivers about why the test is performed, answers are usually things like:

• So I could pass my CDL test,
• To test my brakes, or
• To be sure I can stop.

While these are valid answers, they are not the root answer. The purpose is to test the condition of the truck’s safety devices. We need to know if the failsafe in the truck operates properly if the air compressor fails. Failure usually happens while the truck is being driven on the highway. Confirming the vehicle warning devices work properly allows you to take action to stop the truck safely.

Preparing for the test

Start the engine and allow the air pressure to rise. As it builds, ensure the pressure builds from 85 to 100 PSI within 45 seconds with no more than 1300 RPMs of the engine. This ensures the compressor is providing air quickly enough to replenish any pressure used. The governor should “cut out,” making an audible pop when air pressure reaches approximately 120 PSI. This will avoid excess pressure on the system.

Leak test

Turn off the engine. When the engine stops, return the key to the on position. Place your foot firmly on the brake pedal and hold for 60 seconds. When the time expires, measure the air loss after the initial drop from brake application. A combination vehicle should not lose more than 4 PSI. A single vehicle cannot lose more than 3 PSI. A successful test ensures the air system will maintain pressure until you become aware of an air compressor failure.

With the wheels chocked and the parking brake released, pump the brake pedal until the air pressure drops to approximately 60 PSI. A warning light and audible alarm should initiate to alert you to the loss of air. The vehicle is now unsafe to operate and you should pull off the road at a safe location as soon as possible.

Button pop out test

Continue to pump the brake pedal, discharging more air from the system. At approximately 20 PSI the parking brake should automatically set. This ensures that, if you are unable to get to a safe place or slow the truck, the parking brake will override your action. This does not guarantee the truck will stop, only that the warning devices are operating properly.

Testing the brakes

Start the engine and return the pressure to 120 PSI. With the parking brakes engaged and chocks removed, tug against the parking brake. This is done by putting the vehicle in gear and attempting to move. The truck should not move. This will confirm the parking brake will hold the truck in place when parked. It also confirms the truck will stop if you fail to take action in an air loss emergency. The final step is to release the parking brake. Drive the truck forward, not exceeding 5 miles per hour, and firmly depress the brake pedal. The truck should stop and not pull left or right.

Key to remember: Ensuring proper operation of safety devices protect drivers, equipment, brand reputation, and the motoring public.

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

• Property for-hire
• Passenger for-hire
• Household goods
• Broker
• Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

‘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.

High rate/cost of MSDs

MSDs plague employers, according to 2021 to 2022 data from the BLS:

Ergonomic principles recommended

For decades OSHA has urged employers to apply ergonomics principles to solve MSD issues. Ergonomics is the science of fitting a job to a worker.

Looking back, it should be noted that OSHA even issued a final Ergonomics Program rulemaking in November 2000. Shortly thereafter, Congress passed a resolution of disapproval of the standard. OSHA was forced to remove the Ergonomics Program standard from the CFRs in April 2001.

Fast forward to today, OSHA can still use the General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act) to cite employers for exposing workers to recognized hazards that cause serious MSDs.

What about wearables?

Wearables have an unfortunate history. In the 1990s back belts were trending at work in hopes of reducing MSDs. Then OSHA issued an April 1998 letter of interpretation declaring, “Back belts are not recognized by OSHA as effective engineering controls to prevent back injury. While they may be accepted by individual workers because they feel as if they provide additional support, the effectiveness of back belts in the prevention of low back injuries has not been proven in the work environment.”

In recent years, manufacturing and warehousing companies have turned to new wearable technologies to help prevent MSDs. According to GAO, the two most-deployed, modern wearables are:

• Exoskeletons — Devices worn around the body to support a worker’s arms, legs, back, hand, or use of tools. Active exoskeletons use battery-powered motors to assist the muscles and augment the strength of the wearer. Passive exoskeletons use springs and dampers to support the wearer.

• Ergonomic sensors — Compact sensors designed to detect postures or motions that could cause injury. They measure the body’s orientation and use algorithms to analyze whether workers enter risky postures.

As interest in wearables grows, questions persist about whether they can “really” reduce injury.

GAO findings

The new report concludes that current data offer limited evidence showing the long-term efficacy of exoskeletons and ergonomic sensors to reduce injuries and improve worker safety:

• GAO examined publicly available studies of deployments of exoskeletons in the field AND in the lab. The agency did not find definitive, measurable safety results in the field. Lab studies, however, offer encouraging data that exoskeletons can reduce muscle strain and may, over time, help prevent injuries.
• GAO looked at studies involving ergonomics sensors. These devices offer diagnostic information about some injury risks. The trouble is the studies have not demonstrated that this information can improve worker safety. Multiple limitations, including sensor accuracy, are the hold up.

When deploying wearables, stakeholders have described challenges related to:

• Comfort and convenience,
• Identifying jobs for wearables,
• Identifying where wearables are a better solution than other controls,
• Limited data on efficacy,
• Data ownership and privacy,
• An evolving market, and
• Worker burdens.

Meanwhile, stakeholders continue to collect data and gather worker feedback. Stakeholders argue they need more time to resolve challenges. National consensus committees too are developing standards to address safe design and manufacture, risk management, and ergonomics.

Wearable regulations?

OSHA does not have regulations for wearables. Still, inspectors may note the use of wearables during a visit. The agency tells GAO that it has not received injury reports directly attributable to wearable use.

GAO’s report cautions that without regulations, wearables could enter the marketplace without safeguards. The report specifically points to safeguards to prevent data abuse or punitive use.

Key to remember

A government report offers mixed findings about the efficacy of wearables. Stakeholders say they need time to resolve challenges.

What is the Form I-9?

A Form I-9 needs to be completed for every new employee a company hires. The form is used to verify an employee’s identity and eligibility to work in the U.S.

Employees complete the section of the form asking for identifying information such as name, address, and date of birth. They also show the employer documents that prove their identity and eligibility to work in the U.S., such as a U.S. passport or a driver’s license and birth certificate.

The employer reviews the documents, verifies that they are acceptable, and lists them on the form.

A Form I-9 is not needed if a company hires independent contractors, freelancers, or other people who are not classified as company employees.

How long does the Form I-9 need to be kept on file?

Employers must have a Form I-9 on file for all employees and must keep the form for a year after an employee leaves the company. If employees are with a company for two years or less, the form must be kept for three years after the first day of employment.

The forms may be inspected by U.S. Immigration and Customs Enforcement officials. An employer receiving a Notice of Inspection has at least three business days to product the requested forms.

Key to remember: Employers need to be diligent about completing and maintaining the Form I-9, as well as ensuring they are only hiring individuals eligible to work in the U.S., as they face higher fines for noncompliance.

How an employee might deal with a toxic leader

The two most common employee responses to a toxic manager are to ignore the problem or quit. Neither improves the situation.

Ignoring the situation is stressful and usually not sustainable, and quitting isn’t always an option.

Here are some things to try instead:

• Embrace teamwork: If a toxic manager is pitting people against each other, getting those people unified will usually shut it down. For example, if a manager complains to some team members that others on the team are to blame for problems, team members can defend each other to prevent the situation from becoming toxic. Without harshly criticizing the manager, team members should make positive statements that let the manager know that team members support each other.
• Write it down: Document toxic behavior and policy violations. If what the manager is doing is illegal, and there is documented proof, the company will likely not want to continue to risk employing them. Also document any direct links between the manager’s behavior and costs to the company, including employee turnover. If leadership can see the cost of turnover caused by this manager, they may act.
• Set boundaries and stick to them. It takes courage, but let the toxic manager know that if you receive a degrading email, you will not respond. If the toxic manager yells at you in front of others, walk away. If they speak to you in a nasty, condescending tone, hang up the phone. Everyone has the right to work with people who treat them with respect. Setting boundaries increases the chances that toxic behavior will decrease. If you are seen as someone who refuses to be treated badly, the toxic person may grow to respect that confidence.

Additional steps HR can take

HR professionals are in the delicate position of hearing complaints about toxic leaders from employees and having to work day-to-day with those same leaders. Here are some steps HR might take to improve a toxic culture:

• Be honest with higher-ups. In some organizations, top leaders think they’ve done a better job of addressing toxic culture than they have because day-to-day toxic behaviors aren’t shared with them. Don’t keep them in the dark. External data from job sites like Glassdoor or Indeed can provide unvarnished feedback on how well an organization is doing in addressing toxic behavior. This information should not be ignored when trying to assess corporate culture.
• Suggest coaching. Coaching may improve managers’ attitudes and may help managers avoid toxic behaviors. Some leaders are simply unaware of how their behavior affects subordinates and coaching can inspire positive change. 
• Make behavioral expectations clear. Organizations can decrease the odds of toxic behavior by simply ensuring that managers are clear about the behavior that is expected of them. Encourage leadership to make these expectations known to all managers in the organization.
• Make it safe for employees to provide useful feedback. Psychological safety is critical to rooting out toxic behavior. Employees will not provide honest feedback if they fear that managers can figure out who said what and retaliate for negative comments. Provide avenues for feedback that guarantee anonymity and protection from retribution.
• Use employee feedback. It’s a common complaint that organizations survey employees but never act on the feedback received. If employees are going to take the time and effort to provide their insights, leaders owe it to them to act on the key findings, communicate actions taken, and make progress visible.

Key to remember: Toxic workplaces are sometimes created by leaders. Those affected can either take it, quit, or try to repair the culture.

To illustrate

Mallory works at a manufacturing company. Her employer provides all employees with two paid 15-minute rest breaks each day and a 30-minute unpaid lunch break. Mallory chooses to use both the paid 15-minute breaks and the unpaid 30-minute lunch break to pump breast milk for her 6-month-old infant.

Mallory is already using her breaks to pump. If she needs breaks in addition to these, the employer doesn’t have to pay for the additional break time as long as Mallory does not perform any work during the breaks.

Undue hardship

Employers with fewer than 50 employees aren’t subject to the FLSA break time and space requirements if they pose an undue hardship. Whether they would be an undue hardship is determined by looking at the difficulty or expense for a specific employer in relation to the employer’s:

• Size,
• Financial resources,
• Nature of the business, and
• Company structure.

Employers must count all employees who work for the covered employer, regardless of work site, when determining whether this exemption may apply.

Key to remember: Employers don’t have to pay employees for extra pump breaks if employees perform no work during the extra breaks.

Which businesses require AEDs?

While OSHA highly recommends that facilities have AEDs, OSHA does not require them. However, some state and local agencies require that certain facilities have AEDs available including:

• Schools (public and private);
• Airports;
• Sports venues and gyms;
• Dental offices;
• Assisting living facilities or nursing homes;
• Gambling parlors; and
• Non-health facilities.

Once employers have determined the need for AEDs, consideration should be given to placement and availability including:

• Locations that ensure response within 3-5 minutes;
• Where many people work closely together, such as assembly lines and office buildings;
• In proximity to a confined space;
• Where heavy workloads require employees to expend a lot of energy;
• In areas where electric-powered devices are used;
• At outdoor work sites where lightning may occur;
• Within healthcare units where workers may seek treatment for heart attack symptoms;
• In company fitness areas and cafeterias;
• In areas where temperatures are high (nearby steam lines, ovens, etc.); and
• At remote sites, such as offshore drilling rigs, construction projects, marine vessels, power transmission lines, and energy pipelines.

Who regulates AEDs?

OSHA recognizes the lifesaving value of AEDs but doesn't regulate their use. AEDs are considered Class IIII medical devices and are regulated by individual state laws. Additionally, the FDA typically requires a prescription be issued to purchase them regardless of the industry in which they are used.

Since OSHA doesn’t regulate AEDs, agency standards do not specifically address them. Most states, like Kentucky, Texas, and Washington, require a licensed physician oversee an AED program.

If we have an AED, do we need training?

Employers that decide to add that extra layer of protection and have an AED on site, should provide training as with any other equipment you'd expect employees to operate. Training provides the knowledge, skills, and confidence for responders to act quickly and correctly.

Each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. AED training should always incorporate an understanding of the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

Typically, AED manufacturers will recommend this as well. OSHA does not teach first aid or AED courses or certify training courses for instructors. Instead, the agency recommends training be provided by professionally recognized organizations like the American Red Cross (ARC) and the American Heart Association (AHA). Both ARC and AHA require AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.”

When does the Good Samaritan Law kick in?

Most states have Good Samaritan laws that protect AED users in a manner that is not negligent or reckless and in accordance with training they’ve received. Individuals that respond without expectation of payment for the response and who act as any other reasonable person would are usually protected.

Each state may have unique specifications, so employers should review the Good Samaritan law for their state.

Key to remember: OSHA may not require AEDs in every workplace, but employers should assess whether their industry is required by other authorities to have one and then identify where the AED should be placed.

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.

Letters of Interpretation

As clarified in an OSHA Letter of Interpretation (LOI) dated October 18, 1995, “When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred and a permit is required, regardless of whether there is an intent to fully enter the space.”

This definition of “entry” might seem to be too strict. Still, OSHA’s letter clarifies that there are situations where a partial entry would be hazardous: “Examples of situations where entry by only part of the body into a PRCS can expose an entrant to the possibility of injury or illness are as follows:

1. An entrant can possibly suffer a burn while reaching into a PRCS, which is so classified because it contains a thermal hazard.
2. An entrant can possibly fall into a below-grade PRCS while standing on a vertical ladder in the opening of the space, which is so classified because it contains an oxygen-deficient atmosphere.
3. An entrant can possibly become unconscious as result of his head accidentally entering a PRCS while they are reaching into a PRCS, which is so classified because it contains an oxygen deficient atmosphere.”

As another example, if the space contains a flammable or oxygen-enriched atmosphere, and if the activities during a partial entry could produce a spark or other ignition source, then a fire in the space could flash out of the opening and cause serious injuries to the employee.

OSHA’s guidance continues

This doesn’t necessarily mean you’d be fined if a permit wasn’t followed when someone reached a tank. OSHA’s guidance continues: “However, if entry by only part of the body does not expose the entrant to the possibility of injury or illness, then the violation may be considered a ‘de minimis’ violation.”

A de minimis violation is one in which a standard is violated, but the violation has no direct or immediate relationship to employee safety or health. These violations are documented but no citations are issued.

OSHA says examples of situations where entry by only part of the body into a PRCS would not expose an entrant to the possibility of injury or illness are as follows:

1. An entrant reaches through the opening of a horizontal PRCS, which is so classified only because it contains exposed live electrical parts ten feet from the opening.
2. An entrant puts his head through the opening of an overhead PRCS, which is so classified only because it contains unguarded rotating parts ten feet from the opening.

Also, consider a situation such as a worker reaching through a small grate to take a sample from a permitted space. The LOI further states, “If a part of the body were placed in an opening through which the worker could not pass into the permit-required confined space, no PRCS entry will have occurred.”

Keep in mind, however, that the employee would still need protection from any hazards involved in the task, but a permit would not be needed.

Key to remember

When any part of the body of an entrant breaks the plane of the opening of a PRCS large enough to allow full entry, entry is considered to have occurred, and a permit is required.

Bottles vs. other eyewashes for emergency equipment

The OSHA standard does not provide a great deal of detail on eyewashes for employers. However, where the regulation is silent, OSHA refers employers to the American National Standards Institute (ANSI) standard Z358.1-2009, “Emergency Eyewash and Shower Equipment,” regarding installation, operation, and maintenance of emergency eyewashes. This includes capacity and flushing requirements. The ANSI standard states that an eyewash must deliver 0.4 gallons of flushing fluid per minute for at least 15 minutes.

As such, ANSI says that an eyewash bottle does not meet these criteria; therefore, it can only be used to support eyewashes that do (i.e., plumbed and self-contained units), but cannot replace them.

Capacity of eyewash bottles

The reason for this limitation is that eyewash bottles simply cannot provide the required 15 minutes of flushing. Eyewash bottles typically hold less than a gallon of water, which would supply the user with flushing fluid for approximately 1 minute. Even larger self-contained units (those with bladders) that have a capacity of 5 to 10 gallons would only provide maximum use of about 5 minutes.

In other words, eyewash bottles don’t provide an adequate amount of flushing fluid and cannot be considered a primary means of protection.

Limitations of using eyewash bottles

For this reason, OSHA warns that the use of eyewash bottles should be limited. In a 1986 memorandum to Regional Administrators, the agency states, “In general, squeeze bottles should not be used except where the hazard severity or distance from plumbed eyewash equipment requires personal equipment at work stations for immediate flushing prior to prolonged flushing at a plumbed or self-contained unit.”

In other words, employers can provide eyewash bottles in instances where plumbed or self-contained units can’t reasonably be provided (e.g., an outside yard) in the immediate work area, but only until they can reach a unit which can provide the amount of flushing fluid necessary to flush the eyes for at least 15 minutes.

OSHA expects the employer to determine the level of the potential risk to employees and provide eyewash (and/or shower) protection accordingly. The severity of the hazard(s) involved is a critical consideration when making this determination. In the past, OSHA has said that 1910.151(c)is meant to cover strong acids and alkalis, and the requirement to provide suitable facilities for quick drenching or flushing depends on the exposure and the strength of the hazardous chemical. Chemicals and materials such as household detergents or cleaners, sawdust, metal filings, etc. would not require emergency eyewash (or shower) under the standard.

OSHA enforcement on eyewashes

If an employer determines that an eyewash is needed, then it must meet the provisions set forth in the American National Standards Institute (ANSI) standard Z358.1. The agency uses the ANSI standard as an enforcement tool. This is clarified in a November 1, 2002, Letter of Interpretation, which says, “If OSHA inspects a workplace and finds unsuitable facilities for quick drenching or flushing of the eyes and body, a citation under 29 CFR 1910.151(c)would be issued. When determining whether the eyewash or shower facilities are suitable given the circumstances of a particular worksite, OSHA may refer to the most recent consensus standard regarding eyewash or shower equipment…”

Without the ANSI standard, employers would find it difficult to demonstrate to OSHA exactly how their eyewash and shower units were suitable exclusive to the regulatory language under 1910.151(c) since it’s limited and vague.

Key to remember

Eyewash bottles don’t meet the requirement under 1910.151(c) to provide “suitable” facilities for quick drenching or flushing of the eyes. They cannot be the only eyewash provided in the workplace.

The intent of the standard

OSHA’s powered industrial truck (PIT) standard (29 CFR 1910.178) is intended to ensure the safe use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The standard outlines requirements for operational permits and certification.

And, though not specified in the standard itself, PIT operators must be at least 18 years old per federal child labor regulations.

License and certification Q&A

The OSHA PIT standard clearly defines requirements for training and certification. However, some licensing and certification information isn’t as clear. Here are some clarifications:

Q: Who can train, evaluate, and certify PIT operators?

A: OSHA requires in 1910.178(l)(2)(iii) that, “All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.” The OSHA standard doesn’t further define this requirement or set any specific or additional certifications.

Q: Does OSHA require PIT operators to have a valid driver's license?

A: Federal OSHA has no requirement that a forklift operator has a valid motor vehicle driver's license. Some states are more stringent, so check your local and state requirements to confirm.

Q: Does OSHA have regulations that impact an employee’s ability to operate PITs if they’ve received a DUI or suspended license?

A: Because OSHA doesn't require a valid motor vehicle driver's license, the status of that license doesn’t impact PIT operator permitting. Individual states or the employer may have policies that dictate otherwise.

Q: Are PIT drivers required to have their license on them when they are working?

A: Federal OSHA doesn’t require PIT operators to have a license or permit. However, some states such as Michigan do require this. Typically, in states that require a permit or license, the license must be “readily available.” Companies have the option to require the permit or license be carried with the operator.

Q: Are operators required to be trained on each manufacture of PIT model?

A: A June 15, 1999, OSHA letter of interpretation (LOI) clarifies that operators are to be trained and evaluated in the safe operation for the type of truck they’ll be assigned. Operators wouldn’t need additional training for same truck types but would need additional training when truck- or workplace-related training topics are different.

Q: Do PIT operators need to be recertified if they move from one state to another with the same company?

A: In an LOI dated October 1, 1999, OSHA states, "As long as the employer has a reasonable basis to believe that the third-party trainer is qualified and has a program that meets the requirements of the standard, it can rely on that trainer to conduct the training and evaluation of employees and can certify that these employees have been trained. However, the employer may need to provide additional training on site-specific or truck-specific matters." This shouldn’t require retraining for the same type of forklift as already certified; however, workplace conditions or other factors of the new work location may require training for forklift operation in the other state(s).

Operator Impairments

In addition to being properly trained and evaluated, OSHA expects employers to ensure physical capabilities. OSHA references the American National Standards Institute (ANSI) Standard B56.1-1969. Section 6 clarifies that, “Operators of powered industrial trucks shall be physically qualified. An examination should be made on an annual basis and include such things as field of vision, hearing, depth perception, and reaction timing."

Employers should consider OSHA PIT regulations and the General Duty Clause, ANSI standards, and the Americans with Disabilities Act (ADA) requirements when evaluating physical qualifications. In short, if a worker demonstrates the visual, auditory, and mental ability to safely operate PITs, he or she is permitted to operate them.

Keys to Remember

OSHA requires employers ensure the safe use of forklifts and other powered industrial vehicles. Employers must ensure operators have the knowledge, skills, and physical ability to safely operate PITs.