Prepare for on-site customer visits

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.

The compliance puzzle: Federal, state, and global layers

In the U.S., environmental laws are enforced at both federal and state levels. While EPA sets national standards, states often go further. For example:

• California requires Scope 3 greenhouse gas emissions reporting for large companies starting in 2027.
• New York and Vermont have enacted climate superfund laws that hold fossil fuel companies financially liable for climate-related damages.
• Louisiana successfully challenged the EPA’s use of environmental justice criteria in permitting decisions, resulting in a federal court ruling that blocks Title VI enforcement in the state.

Internationally, U.S. companies face additional hurdles. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) requires companies to identify and mitigate environmental risks across their global supply chains. This means a U.S. firm with operations or suppliers in Europe must meet stricter standards, even if those standards differ from U.S. law.

Environmental Management Systems (EMS): A strategic solution

To manage this complexity, many companies adopt Environmental Management Systems such as ISO 14001. An EMS provides a structured framework to:

• Identify applicable regulations across jurisdictions,
• Set environmental goals and track performance,
• Conduct internal audits and drive continual improvement, and
• Ensure consistent documentation and training.

EMS tools help companies centralize oversight, reduce compliance gaps, and respond quickly to regulatory changes. For example, a company using EMS software can assign location-specific tasks, monitor progress, and generate reports tailored to each jurisdiction’s requirements.

Practical strategies for multi-jurisdictional success

• Centralize compliance oversight: Use a unified system to track permits, deadlines, and reporting across all sites.
• Leverage EMS tools: Automate alerts, audits, and documentation to stay ahead of changes.
• Train staff by location: Tailor training to reflect the specific rules and risks of each jurisdiction.
• Conduct routine audits: Internal reviews help catch issues before regulators do.

Key to Remember: Multi-jurisdictional compliance isn’t just about knowing the rules—it’s about building systems that adapt to them. An Environmental Management System, paired with proactive planning and location-specific training, helps companies stay compliant, reduce risk, and operate confidently across borders.

Federal Motor Carrier Safety Administration (FMCSA)

It’s generally business as usual for the FMCSA. Roadside inspections are considered an essential safety function. Both federal and state enforcement partners perform these inspections, and most weigh stations are run by state Department of Transportation (DOT) agencies, which aren’t directly affected by a federal shutdown.

Drivers should assume inspections will continue as normal. Violations will still result in citations, out-of-service orders, and compliance reviews.

While the day-to-day enforcement likely won’t change, some aspects of the FMCSA and DOT operations may slow down, such as:

• Rulemaking and new initiatives: Any changes to federal regulations will pause.
• Audits and investigations: Compliance reviews and safety audits may take longer, although the enforcement of violations will continue.
• Administrative support: Processing non-urgent matters, permits, or correspondence may be slower.

New registrations and filings, such as new USDOT numbers, new authority, and Unified Carrier Registration filings, will likely experience delays until the shutdown is resolved.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

The picture is more complex at PHMSA. The DOT plan says about one-third of the agency's 580 employees are expected to be furloughed. Inspections of hazardous materials shippers, carriers, and other entities will continue, as will enforcement of the hazardous materials safety regulations. However, a variety of administrative functions are expected to be impacted, including non-emergency approvals and permits, rulemaking activities, research, grants, outreach, and the hazmat registration and fee-collection program.

Occupational Safety and Health Administration (OSHA)

OSHA will continue only its essential functions, including:

• Inspections for imminent danger situations, workplace fatalities, and catastrophes;
• Review and referral of whistleblower complaints tied to imminent threats;
• Follow-up inspections of serious violations without abatement; and
• Enforcement actions needed to meet statutory deadlines on high-risk cases.

All other agency activities such as rulemaking, programmed inspections, compliance assistance, website updates, and outreach programs are suspended. Only employees designated as essential may continue working, and the Occupational Safety and Health Review Commission halts all operations for the duration of the shutdown.

Environmental Protection Agency (EPA)

EPA has implemented its contingency plan, resulting in a significant reduction in operations. Approximately 90 percent of EPA staff have been furloughed, leaving around 1,700 personnel to continue essential functions, including emergency response operations, law enforcement, criminal investigations, maintenance of critical laboratory assets, and Superfund site work only if halting it poses an imminent threat to human life.

Most routine EPA functions have been suspended (like issuing permits and regulations). The agency has also paused work on climate-related regulations and restructuring efforts unless deemed essential or funded through exempted sources (e.g., Infrastructure Investment and Jobs Act or specific fee-based programs).

Equal Employment Opportunity Commission (EEOC)

The EEOC, which investigates discrimination claims, is closed during the shutdown. The agency won’t be responding to inquiries during this time, but a limited number of services will still be available. If employees want to file a discrimination charge, they should be aware that time limits for filing a charge won’t be extended due to the shutdown.

Additional information on filing new charges, the status of pending charges, or other existing business with the EEOC, etc., will likely be delayed. During the shutdown, information on the EEOC website won’t be updated. In addition, transactions submitted via the website won’t be processed, and EEOC staff won’t be able to respond to requests or questions submitted to the EEOC, including those submitted by email or through its website, until the shutdown is over. 

Members of the public who call the EEOC during the government shutdown will be able to access the pre-recorded information available on the EEOC's Interactive Voice Response System, but EEOC staff will not be available to assist them. Email inquiries sent to the agency will be monitored for urgent matters but generally not addressed during the shutdown.

National Labor Relations Board (NLRB)

NLRB offices are closed during the shutdown, and hearings are postponed. Because documents may not be filed on the NLRB website during the shutdown, due dates for filing documents will be extended.

As the 6-month statute of limitations for filing unfair labor practice charges remains in effect, the agency recommends mailing or faxing a copy of the charge to the regional office during the shutdown.

Department of Labor (DOL)

The DOL is also shut down, except for activities such as those needed to protect life and property. All regulatory work has ceased, including the final rules on independent contractors and joint employers.

The Wage and Hour Division (WHD), which enforces laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, dropped from 1,270 employees to 7. Employees won’t be able to file claims under such laws.

The agency will monitor and respond to child labor investigations and will pursue and address legal cases or investigations in jeopardy of being lost due to a statute of limitations or as otherwise ordered by the court. It will also continue to process certain benefits payments and support federal and state unemployment programs.

The Employee Benefits Security Administration (EBSA) generally stopped its research activities, audits, compliance assistance, and IT support.

The Veterans’ Employment and Training Service (VETS) stopped conducting investigations of the Uniformed Services Employment and Reemployment Rights Act.

U.S. Citizenship and Immigration Services (USCIS)

Employers must continue to use the Form I-9 during the shutdown to verify that an employee is eligible to work in the United States. The form must be completed within 3 business days after the employee’s first day of employment.

The form may be downloaded from the USCIS website. The agency expects to retain the majority of its employees during the shutdown.

Employers who use the online E-Verify system to confirm an employee’s eligibility to work in the United States may experience a system shutdown, however. In the event of an E-Verify shutdown, employers won’t be able to create E-Verify cases, run reports, or resolve tentative non-confirmations.

E-Verify employers should continue to complete a Form I-9 for each new employee. After the shutdown ends and the E-Verify system is operational, employers should create E-Verify cases for employees who were hired when the website was not available.

In the event of an E-Verify system shutdown, it’s likely that the USCIS will extend deadlines for creating E-Verify cases and resolving tentative non-confirmations. The agency is expected to provide further guidance.

Federal contractors and government employees

Federal contractors and government employees from shut-down agencies are either furloughed — prohibited from work and unpaid — or required to work without pay if their roles are deemed essential to public safety.

Payments to companies with a federal contract may be delayed, and they may receive a stop-work order. Contracts will not be issued or extended during the shutdown.

The Office of Federal Contract Compliance Programs website is not being updated during the shutdown.

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.

1. Removing drivers from SSFs

Suppose your driver was dispatched when the company learned of a failed random DOT drug test. The information provided in the standard DOT drug and alcohol policy indicates the driver will be immediately removed from all safety-sensitive functions (SSFs) and provided a list of substance abuse professionals.

The manager, whose role is to contact and remove the driver from all SSFs, will need additional guidance on this process. Questions that need to be answered include:

• What instructions will the driver be provided on parking the truck once notified?
• How will the manager find the closest and most convenient spot to direct the driver to park? (Note: You can’t wait until the driver arrives at their destination.)
• How will another driver be dispatched to complete the run?
• How is the event handled discreetly and confidentially? A violation is confidential and can only be shared with others on a need-to-know basis.
• How will the truck and cargo be safeguarded until a relief driver arrives?
• How does the driver get home? Remember, riding along in a cab is still performing a SSF.

2. Arranging reasonable suspicion tests

Your driver exhibits signs of substance abuse, so your company’s trained supervisor requests a reasonable suspicion drug test. However, the rules don’t offer directions on how to get the driver to and from the site for the test.

Your internal processes should address the risks of:

• Allowing the driver to drive to the collection site, and
• Calling a taxi and allowing the driver to go to the site alone.

A process manual should answer:

• Who at the carrier will accompany the driver to the collection site?
• How will the carrier get the driver back to the terminal after the test?
• How will the driver get home after the test or in the event the driver refuses to test?
• Is enforcement called if the driver drives a personal vehicle off the lot?

In addition, HR may have policies on what to do with the driver during the period you’re waiting for a drug test result. In some situations, it can take several days to get a test result.

Your HR policies should address:

• Suspension with or without pay,
• Backpay when the test is negative,
• Reassignment to a non-regulated position during the wait, and
• Union arbitration considerations.

3. Ordering post-accident tests

Your driver calls dispatch to report a crash; there’s a lot of adrenaline on both ends of the line. The manager who takes the call needs to remain calm and know what to ask the driver. The driver’s responses help determine whether post-accident drug and alcohol testing is required.

The manager must be kept up to date in the event criteria for testing are met later —someone dies, or the driver receives a traffic citation during the testing timeframe.

Whether post-accident testing is coordinated by a single individual or team at the carrier, time is of the essence. Front-line managers need to know who to call:

• Are they working with a consortium/third-party administrator?
• Do they need to call a clinic network or local hospital to find a DOT facility?
• Is mobile testing an option?
• Do they have contact information for law enforcement who are investigating the crash to know if circumstances change requiring testing?

Key to remember: Don’t limit drug and alcohol policies and training to drivers. Extend education and tools to those who play critical roles in your program. When motor carrier personnel are trained and comfortable with procedures, the testing process will go more smoothly and violations will be avoided.

Allowable configurations

Under the exemption, the pulsating lights may be added to any trailer or van-body straight truck, in addition to the normal steady-burning brake lamps. The only catch is that they must pulsate in an amber color for only four seconds before turning red and burning steadily until the brakes are deactivated.

The allowable configurations are as follows:

1. Upper pair: Two lamps centered at the upper rear, positioned 6-12 inches from the centerline of the outermost identification (ID) lamps, and in line with the three-ID-lamp cluster.
2. Single lower lamp: One lamp centrally located on or below the rear sill, in line with the stop/tail/turn lamps.
3. Upper pair + single lower lamp: A combination of the three lamps described above.
4. Lower pair: Two lamps centered at the lower rear, located on or below the rear sill.
5. Upper pair + lower pair: Both the upper pair and the lower pair as described above.

The exemption was reissued on November 17, 2025, and is set to last through 2030.

Tank trailers

The FMCSA recently renewed a similar exemption for tank trailers, though with restrictions on where the lamps may be placed. The pulsating lights — either amber or red — must be located in the upper center position or in an upper dual outboard position on the rear.

This exemption, granted to National Tank Truck Carriers, Inc., was reissued on November 17, 2025, and is in place until October 2030.

Rear-end crashes generally make up about 30 percent of all crashes, the FMCSA says, and large trucks are three times more likely than other vehicles to be struck in the rear in two-vehicle fatal crashes.

Key to remember: Motor carriers have the option to install pulsating brake lights on all commercial trailers and van-body straight trucks, with certain restrictions, as a way to prevent rear-end collisions.

To-do before October 1

Get ready for renewal by taking the following steps now:

• File all your highway use tax returns that are due.
• Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
  • HUT,
  • personal income tax,
  • International Fuel Tax Agreement (IFTA),
  • sales tax, and
  • withholding tax.
• Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
• Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. If you have 300 or fewer vehicles, choose either:
   1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
   2. Select HUT/AFC Certificates of Registration to renew specific permits.
4. If you have more than 300 vehicles, choose either:
   1. Renew all to renew all your active current series permits, or
   2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

What was proposed?

In May of 2024, PHMSA proposed a plan to change its hazmat registration program, which really hasn’t changed much in years. The biggest change was a fee increase:

• Small businesses and nonprofits would have seen their annual registration fee jump from $250 to $375, a $125 increase.
• Larger companies would have paid $3,000, up from $2,575, a $425 increase.

However, that wasn’t all. The proposal also included:

• Electronic-only payments for registration fees, eliminating paper checks.
• Clarified recordkeeping rules, allowing certificates of registration to be carried in either electronic or paper form and ensuring consistent language for presenting these certificates to enforcement personnel.
• Removal of outdated “sunrise dates” from the regulations, since those deadlines had already passed.

PHMSA said these changes were intended to modernize processes and ensure adequate funding for its grants program, which supports emergency response training and the Emergency Response Guidebook.

Why the reversal?

PHMSA says the decision reflects a broader push to reduce unnecessary regulatory burdens, in line with Executive Order 14192, “Unleashing Prosperity Through Deregulation.” Industry feedback also played a big role in the decision. Many stakeholders expressed concern about the timing and economic impact of higher fees, especially amid uncertainty in transportation markets. After reviewing its funding needs, PHMSA decided that current fees are enough to support critical programs, such as grants for emergency response training and the Emergency Response Guidebook, without adding extra costs.

What does this mean for you?

For carriers, shippers, and anyone that’s required to register, this is welcome news. Registration fees remain unchanged, helping companies maintain predictable compliance costs. This decision shows that PHMSA isn’t just focused on safety, it’s also paying attention to the financial realities that matter to the industry.

What's still changing?

While the fee increase is off the table, PHMSA isn’t standing still. Two related rulemakings are moving forward:

• Modernizing Payments (HM-268H): Updates to streamline electronic transactions.
• Reducing Recordkeeping (HM-268I): Simplified requirements for domestic carriers.

Both rulemakings are designed to make compliance easier without raising costs, and they’re already in the pipeline.

Key to remember: PHMSA is withdrawing its proposed rulemaking to increase hazmat registration fees. However, it’s still moving forward with electronic payment methods and recordkeeping requirements for hazmat registration.

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.

What about the PWFA?

Under the federal Pregnant Workers Fairness Act (PWFA), employers have to provide reasonable accommodations to an employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

Similar to the FMLA, the PWFA also doesn’t include condition details, like a complete list of related limitations or specifically mention menopause.

In the vote for the final PWFA regulations, the Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas said, “Thus, the final rule opens the door to requiring accommodations potentially extending to a myriad of conditions ranging from infertility to menstruation to hormone issues to menopause.” The current EEOC might revise the PWFA regulations, in which the agency could provide more details.

Therefore, until the EEOC provides more guidance, the courts might need to chime in on whether employers have to accommodate an employee’s menopause symptoms. If employers don’t want to be legal guinea pigs, the safest route would be to allow time off for menopause.

What about the ADA?

The federal Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to the known disability of an employee or applicant. A disability is an impairment that substantially limits one or more major life activities.

Like the FMLA and PWFA, the ADA also doesn’t have a complete list of conditions that are disabilities. Employers have to assess each situation on the facts involved to determine if menopause rises to the level of a disability,

Key to remember: Employers must give employees FMLA leave for menopause if the symptoms meet the definition of a serious health condition.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

What the DOL says

In a recent opinion letter, the U.S. Department of Labor (DOL) addressed this situation, saying that separately incorporated entities might be considered a single employer with respect to employees, for purposes of compliance with the federal Fair Labor Standards Act (FLSA). The FLSA requires employers to pay hourly (nonexempt) employees overtime for any work performed beyond 40 hours in a workweek.

When an employee works for one employer for a set of hours and another employer for a separate set of hours in the same workweek, that scenario might cause a “horizontal” joint employment relationship. Horizontal joint employment typically occurs when businesses are sufficiently connected through employees.

If horizontal joint employment exists, employers must add all an employee's hours worked for both joint employers to determine whether the employee is entitled to overtime.

Therefore, the employer in the situation was incorrect; the host is entitled to overtime pay for the time worked for the club. This is true even if the restaurant and club are separate legal entities. Such formalities don’t override the FLSA’s application.

How the DOL got its answer

The DOL looked at the physical proximity of the two entities and what they shared. That the host could be clocked in at the restaurant and then told to work in the club also showed a connection for FLSA purposes. The host was also paid the same rate at each facility, and the shifts at the two entities didn’t conflict, suggesting schedule coordination.

Key to remember: Employers with multiple entities must be aware of whether the entities function as one employer for the FLSA’s overtime requirements.

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.

State inspection counts rose

State-plan officers conducted more than 36,800 inspections in FY 2024, an increase of 5.4 percent from the over 34,900 the previous year. Programmed and employee complaint inspections took the lion’s share of inspections in FY 2024 with 38.8 and 28.4 percent, respectively.

Most of the gains that year were also in those two inspection types. Both jumped nearly 10 percent (about 13,100 to 14,300 for programmed inspections and about 9,500 to 10,400 for complaint inspections). Although small in number (just over 1,100), follow-up inspections also trended upward 6.5 percent. Referrals, fatality/catastrophe, and other inspection types fell 0.9, 3.1, and 4.3 percent, respectively.

Analyzing the data further, state agencies focused most inspections on “employee safety” (with 74.4 percent), rather than “employee health.” However, both safety and health inspections experienced upticks (4.7 and 7.5 percent, respectively).

State violation figures were mixed

Of the over 72,200 violations in FY 2024, about half were considered serious, willful, or repeat (S/W/R), while the other half were tagged other-than-serious (OTS). In both cases, these violation types went up.

Yet, employers were only cited in 66.4 percent of inspections in FY 2024 versus 68.3 percent the year prior. On average, when an inspection had violations, state officers found one S/W/R violation and almost one OTS violation per inspection. The S/W/R and OTS data points dropped slightly from FY 2023.

Penalty amounts skyrocketed

Total penalties shot up almost 17 percent from $119.3 million to $139.5 million in FY 2024. This is surprising given that maximum penalties only go up at the rate of inflation. The 17 percent change was anywhere from two to five times the rate of inflation used to calculate penalties that year!

Where serious penalties were issued, penalty rates advanced 7.6 percent in FY 2024, to reach nearly $2,950 on average per violation. A serious violation relates to a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.

Employers contested citations in almost 18 percent of inspections, but this figure was down three-quarters of a percentage point from FY 2023. A proper contest suspends the employer’s legal obligation to abate and pay a penalty until the item contested has been resolved.

State-plan states

State plans are OSHA-approved workplace safety and health programs. They are operated by individual states or U.S. territories. States with OSHA-approved programs must adopt standards that are at least as effective as federal OSHA's standards. They conduct their own enforcement. Also, they are subject to OSHA approval and monitoring. The state-plan states include the following:

• State-plan states covering private and public employer sectors — Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.
• State-plan states covering public employer sectors only — Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and Virgin Islands. (Federal OSHA has jurisdiction over private sector employers in these states.)

Key to remember

The latest statistics on state-plan state enforcement are available. The data show that state inspection counts and penalty amounts surged in FY 2024. Violation figures also grew, but the number of inspections with one or more violations slipped a little.

Enclosed tank cleaning

Two maintenance workers died after vapors from leftover gasoline in a tank car displaced oxygen, resulting in a hazardous atmosphere. One worker was overcome and the second died while trying to rescue the first. An investigation revealed the employer didn’t test the air inside the tank before letting workers enter.

A FatalFacts bulletin (Issue No. 21-2025) explains that employers performing permit-confined space operations in enclosed tanks must develop and implement a written program for safe entry operations, following the requirements at 29 CFR 1910.146. The bulletin describes how to prevent these incidents and provides a list of related standards and resources.

Occupational allergies/asthma in cannabis industry

Another FatalFacts bulletin (Issue No. 20-2025) focuses on the first known occupational asthma fatality in the cannabis cultivation and production industry. OSHA notes that employees in this industry are at increased risk of work-related allergies due to the magnitude of cannabis dust as well as limited awareness of this hazard.

A recent study showed that over 70 percent of current cannabis workers reported allergic and/or respiratory symptoms! These included irritation of the eyes, nose, and/or throat; coughing; shortness of breath; and skin conditions such as a rash or hives.

The bulletin describes lung hazards and work-related allergies in the cannabis cultivation and production industry, offers prevention strategies, and provides a list of applicable OSHA standards and resources.

Mpox/Monkeypox virus

Although the risk for mpox in most work settings is extremely low, workers whose duties may involve close personal contact with an mpox-infected person or animal are at greater risk. These include healthcare workers, workers in congregate settings such as group homes or hotels, and animal care workers.

Mpox is classified as a high-risk pathogen because it can be easily transmitted from person-to-person through close contact, which poses a danger to public health. It can spread through direct contact with an infected person or animal, including close contact with contaminated materials such as bedding, clothing, and towels.

OSHA FactSheet (FS-4191) describes mpox signs and symptoms, worker exposure risks, precautionary measures, and applicable OSHA standards.

Temporary workers in construction

OSHA’s Temporary Worker Initiative (TWI) focuses on compliance with safety and health requirements when temporary workers are jointly employed by a staffing agency and a host employer. The agency has published TWI bulletins addressing specific regulatory topics like personal protective equipment, powered industrial trucks, bloodborne pathogens, and hazard communication. The most recent bulletin, TWI Bulletin No. 15, provides guidance on construction industry employment. Industry hazards include falls from heights, heat exposure, electrocution, and struck-by and caught-in-between hazards.

The bulletin addresses responsibilities of the staffing agency and host employer, and what each can do to ensure the safety of temporary workers in the construction industry. OSHA reminds employers that temporary workers have the same protections as all other covered workers under the Occupational Safety and Health (OSH) Act.

Earlier publications

Publications issued by OSHA earlier this year and late last year touched on:

• Whistleblower protections (OSHA FS-3812 – 2025),
• Lithium-ion battery safety (OSHA FS-4480 – 2025),
• Protecting personally identifiable information (PII) (OSHA FS-4388 2025),
• Safety in semiconductor manufacturing (OSHA fact sheet 2025), and
• Workplace violence (OSHA FS-3509 2024).

See our related article Just the facts! New OSHA pubs address lithium-ion batteries, workplace violence, more.

Key to remember: Employers can look to OSHA’s newest publications for guidance on a variety of topics.