Safety pays – Or else you might!

1. Rear-impact guard labels

The Federal Motor Carrier Safety Administration (FMCSA) is removing the requirement that rear-impact guards be permanently labeled. Under current rules, trailers are required to have a label certifying that the rear underride guard met federal manufacturing standards at the time it was built.

Though the label is applied by the manufacturer, motor carriers and drivers were expected to ensure it remained in place, a sometimes-frustrating task stretching over the lifetime of the vehicle.

Why the change? The bumper label requirement has been controversial for years. Enforcement agencies and industry groups repeatedly pointed out that the labels frequently fade, wear off, or are removed during repairs, even though the guard itself remains structurally compliant.

Compounding the problem, most manufacturers will not issue replacement certification labels or “re-certify” guards once they leave the factory. As a result, carriers were often cited for a condition they had no practical way to correct.

Although FMCSA previously issued guidance instructing inspectors not to cite missing or illegible labels, confusion persisted at the roadside. Eliminating the requirement altogether resolves that enforcement disconnect without altering the underlying safety standards for rear-impact guards.

What should carriers do?

• Continue inspecting rear-impact guards for structural integrity, mounting, height, and width as required under 49 CFR 393.86 and the annual inspection standards in Appendix A to Part 396.
• Don’t remove existing labels, but understand that their presence (or absence) will no longer determine compliance.
• Update inspection checklists and training materials to remove label verification as a compliance item.

2. Tractor license-plate lamps

Truck tractors will no longer be required to have a functioning rear license-plate lamp while towing a trailer. The lamp will still be required when the tractor is operating without a trailer, however.

Why the change? When a tractor is coupled to a trailer, the rear license plate and its lamp are typically obscured and serve no practical enforcement or safety purpose. The FMCSA concluded that requiring carriers to maintain a lamp that isn’t visible or relevant during normal operations added unnecessary maintenance costs without a safety benefit.

What should carriers do?

• Review maintenance policies to ensure tractors still have operational license-plate lamps when operated bobtail.
• Ensure drivers and maintenance personnel understand when a functioning license-plate lamp is required.

3. Emergency equipment

Drivers will no longer be required to carry spare fuses starting April 20, and they will no longer have the option to use liquid-burning flares as warning devices after March 23. Reflective triangles and/or solid-fuel flares will still be required, as will fire extinguishers.

The rule change for fuses is significant because over 10,000 drivers were cited in 2025 for failing to have them.

Why the change? The spare‑fuse requirement has remained in the regulations for decades, even as vehicle electrical systems have improved. The FMCSA concluded that:

• Blown fuses rarely occur during normal operation and, when they do, the repair is typically handled by maintenance personnel rather than drivers. Nevertheless, spare fuses are widely available at truck stops.
• Other regulations already prohibit operation of a vehicle when required electrical equipment isn’t functioning properly, regardless of whether spare parts are carried.

Similarly, liquid-burning flares are widely considered obsolete and are rarely used in modern fleet operations. Their continued presence in the regulations caused confusion.

What should carriers do?

• Verify that emergency-equipment kits contain at least three compliant reflective triangles or six flares, as appropriate.
• Update driver inspection checklists to remove spare fuses as required items and liquid-burning flares as an option. Motor carriers are free to continue having their drivers carry spare fuses, however.
• Remind drivers that vehicles may not be operated if required electrical systems are inoperative, regardless of whether a spare fuse is available.

What if you’re cited?

Roadside enforcement practices don’t always change overnight. In addition, states that enforce the FMCSA regulations may adopt different effective dates for rule changes. Motor carriers and drivers should be vigilant about reviewing roadside inspection reports and challenging any citations that were issued improperly.

Bearing in mind that state requirements may vary, motor carriers should use the online DataQs system to challenge any erroneous bumper label or license-plate lamp violations cited after March 20, and any spare-fuse violations cited after April 20.

Key to remember: On March 23 and April 20, 2026, three important rule changes go into effect. Be sure your drivers, maintenance personnel, and others know the impact.

Driver OOS Criteria

• ELD tampering: With electronic logging device (ELD) tampering becoming a growing concern, the criteria for placing drivers OOS for log falsification have been clarified to address situations where a record is falsified so much that the officer cannot determine when the driver was driving and/or resting. Drivers will continue to be placed OOS “until such time as eligibility to drive is re-established” if a required log is false due to inaccurate entries and the officer is able to determine when driving and rest breaks occurred. A new criterion was added to place drivers OOS for 10 hours (or 8 hours for passenger carriers) for ELD tampering that makes the entire record suspect and the inspector is unable to verify when driving and resting occurred. Officers will cite 49 CFR 395.8(e)(2) for ELD tampering where the truth cannot be ascertained, and paragraph (e)(1) for false logs when the officer can determine rest periods and drive time.
• ELP violations: A new violation was added to place drivers OOS if the driver cannot satisfy the ELP requirements of 391.11(b)(2), per enforcement guidance issued by the Federal Motor Carrier Safety Administration (FMCSA) in May 2025.
• License-restriction violations: Officers will begin using new citation codes for license-restriction violations, to distinguish them from endorsement-related violations. Drivers without a commercial driver’s license (CDL) will be cited for “392.2NCDLR” (instead of 391.11(b)(5)) if violating a restriction, while CDL holders will be cited for “392.2LCDLR” (instead of 383.23).
• In-state-restricted drivers: The CVSA has clarified the standard for enforcing the “K” (in-state only) restriction, which is intended to keep the driver in their home state. Such drivers will only be placed OOS if they are actually operating in another state at the time of the inspection.
• Alcohol content threshold: The OOS Criteria will now specify the alcohol concentration at which drivers will be placed OOS when in possession of wine or beer, making it easier for officers to apply the existing standard. Drivers will be placed OOS if they possess wine or beer that contains 0.5% or more alcohol by volume or distilled spirits in any dilution.

Vehicle OOS Criteria

• Air connections: The criteria for air-brake hose/tubing were revised to change the term “gladhands” to the more inclusive “service air connections.” In addition, the criteria were changed to clarify the conditions for placing vehicles OOS when the air system is disconnected but still functional.
• Brake pad thickness: The standard for front-axle hydraulic brake pad thickness was updated to say “less than 1/16 inch” instead of “1/16 inch or less” to reflect a thinner measurement than found in 49 CFR 393.47(d)(1).
• Parking brakes: “Parking Brake” was changed to “Parking/Emergency Brake” in the section on parking brake systems due to confusion about whether an automatic transmission placed into Park was considered to have a parking brake control.
• Log securement: New criteria were added to address the use of the “ExTe Com90” hydraulic load securement system for logs.
• Wire rope: A new wire-rope damage chart was added to help inspectors determine when a wire rope is damaged to the point that it’s OOS.
• Upper couplers: A new OOS criterion was added for broken or loose countersunk screws in an upper coupler. Previously, the criteria only addressed bolts, not countersunk screws.
• Rims: A new OOS criterion was added for a broken wheel/rim that has “any missing piece exceeding 3 inches (76.2 mm) in length.”
• Wheel hub lubricant: The criterion for placing vehicles OOS when there is “no visible or measurable amount of lubricant showing in hub” was removed. The CVSA concluded that there is no good way for inspectors to know if there is oil in a hub that requires oil, or grease in hubs requiring grease, due to the many varieties of hubs and hub caps/covers in the marketplace.
• Emergency exit markings: A new criterion was added for emergency exits that are “not properly marked with operating instructions.” The instructions are needed whether the exit is a required exit or a marked exit.
• Placarding: The prior criteria placed vehicles OOS if “50% or more of the required placards for a hazard class are missing.” This was clarified to read “50% or more of the required placards for a category of material (hazard class or division) are missing.”

Key to remember: A variety of changes to the North American Standard Out-of-Service Criteria take effect on April 1, 2026. Reviewing the changes can help avoid being placed out of service.

Why a list of reminders for SAPs?

The USDOT has previously provided reminders to SAPs as issues came to light, so this recent action isn’t unique. This newest March 2026 notification is the result of the USDOT learning of recent issues related to SAPs’ roles and responsibilities, including:

• Employers having trouble in getting the follow-up testing plans from SAPs;
• SAPs referring employees solely to online programs as opposed to in-person programs, as appropriate;
• SAPs prescribing the minimum number of follow-up tests in response to pressure from consortium/third-party administrators (C/TPA) or risk being removed from the C/TPA's list of recommended SAPs;
• SAPs administering follow-up tests;
• SAPs not holding an appropriate credential to act as a DOT-qualified SAP;
• SAPs performing the RTD process in a very short timeframe to get the employee back to work quicker;
• SAPs going outside their credential's geographical limit to perform remote evaluations; and
• SAPs performing remote evaluations without real time two-way audio and visual communication with the employee.

Key points for SAPs

The USDOT provided several key points for SAPs to take action on in the Federal Register notice, including the following:

• SAPs must hold and maintain required qualification requirements, including ongoing professional development credits.
• SAP evaluations must:
  • Be done face-to-face (whether in-person or remote);
  • Delve into the employee's emotional and mental health and history of drug and alcohol use;
  • Provide a diagnosis, treatment recommendations, and a treatment plan that the employee must complete before becoming eligible for the required follow-up evaluation and subsequent return to safety-sensitive functions;
  • Result in a recommended course of education or treatment unique to each employee;
  • Never result in promises to “fast track” the process; and
  • Never provide employees with an estimated RTD timeline before conducting an initial SAP evaluation and assessment.
• SAP reports:
  • Must include all required elements;
  • Must be securely retained for at least 5 years from the date of the second report;
  • Must be provided to the employer or subsequent employer when requested; and
  • Can be provided to the employee upon request if the follow-up testing plan is redacted.

When are the RTD steps required?

The RTD process applies to employees who test positive, refuse a test, or violate other DOT agency testing rules. The covered employee is removed from safety-sensitive functions (SSFs) and must successfully complete the program prior to resuming SSFs.

SAPs play an important role as “gatekeepers” for DOT's RTD process, taking on the roles of evaluation, referral, and treatment of employees. The SAP’s decisions determine whether an employee returns to operating a commercial motor vehicle, plane, oil tanker, train, subway, or controls the valves of a natural gas pipeline. The SAP also decides on the number of follow-up drug and/or alcohol tests over what duration of time after returning to duty.

Thunderstorms

Severe thunderstorms can develop quickly. The following actions can help ensure safety if approaching or already in a storm.

• Turn on the vehicle’s headlights, slow down, and allow extra braking distance.
• Pull off the road and find a safe area to park, avoiding trees, poles, or any other items that could fall on the vehicle.
• Stay in the vehicle as it provides better protection against lightning than being in the open.
• If able to safely park before the storm strikes, seek shelter in a sturdy building, staying away from windows.

Once the storm has let up and travel has continued, watch for downed power lines, trees, and other debris that may have blown onto the road.

Tornados

Tornados are considered nature’s most violent storms. A tornado’s winds can reach 300 miles per hour and can create a path of damage in excess of one mile wide and 50 miles long.

If in an area where a tornado warning is issued, safely park and seek shelter immediately, preferably a basement or the interior of the lowest floor of a sturdy building or storm shelter.

If outside with no shelter, lie flat in a nearby ditch or depression and cover your head with your hands. Also be aware of the potential for flooding, as heavy rain can cause low spots to quickly flood. Do not seek shelter under a highway overpass. Winds blow stronger under an overpass due to the wind-tunnel effect.

Watch for flying debris. Most tornado-related deaths and injuries are caused by flying debris. And never try to outrun a tornado.

Watches and warnings

The National Weather Service issues severe weather watches and warnings. Understanding the following terms can assist in identifying weather hazards.

Watch. A watch is issued when the risk of hazardous weather has increased significantly, but its occurrence, location, and/or timing is uncertain. Watches are normally issued well in advance of the occurrence of severe weather to provide lead time so the public can be prepared.

A severe thunderstorm watch is issued when conditions are favorable for the development of severe thunderstorms in and close to the watch area.

A tornado watch is issued when conditions are favorable for the development of tornados in and close to the watch area.

Warning. A warning is issued when hazardous weather is occurring, imminent, or has a high probability of occurring. Warnings are used for conditions posing a threat to life or property.

A severe thunderstorm warning is issued when a severe thunderstorm is indicated by radar or spotter reports. A severe thunderstorm includes hail that is one inch in diameter or larger and/or winds of at least 58 miles per hour.

A tornado warning is issued when a tornado is indicated by radar or sighted by spotters. The warning will include where the tornado is located and what communities are in its path.

Key to remember: Spring weather can be unpredictable, but informed drivers who remain alert and take appropriate precautions are far better equipped to handle what Mother Nature delivers.

The results

From January 13–15, 2026, Operation SafeDRIVE investigated routes across D.C. and 26 states. These targeted enforcement actions resulted in 8,215 inspections with:

• 1,231 vehicles placed out of service;
• 704 drivers placed out of service; and
• 56 arrests.

The scope

The 26 states covered in addition to Washington D.C. in Operation SafeDRIVE’s scope included Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

The goal of the operation was to make sure all drivers are properly qualified and that their vehicles meet all the regulations.

What is the NSC?

In 1987, the federal, provincial, and territorial Ministers responsible for Transportation and Highway Safety recognized that due to the deregulation of transportation, there was a need for harmonization and reciprocity in the management of commercial vehicles across Canada. The ministers then signed a memorandum of understanding to develop and implement the NSC to encourage road safety, promote efficiency in the motor carrier industry, and achieve consistent safety standards. The National Safety Code standards remain important instruments of public policy in promoting public safety and the safe and efficient movement of people and goods on Canadian roads.

What are the 16 standards?

The NSC is a set of minimum performance standards, applying to all persons responsible for the safe operation of commercial vehicles. There are 16 NSC standards made up of the following:

• Standard 1 Single Driver Licence Concept
• Standard 2 Knowledge and Performance Tests (Drivers)
• Standard 3 Driver Examiner Training Program
• Standard 4 Driver Licencing Classification
• Standard 5 Self-Certification Standards and Procedures
• Standard 6 Determining Driver Fitness in Canada
• Standard 7 Carrier and Driver Profiles
• Standard 8 Short-Term Suspension
• Standard 9 Commercial Vehicle Drivers Hours of Service
• Standard 10 Cargo Securement
• Standard 11 Maintenance and Periodic Inspection
• Standard 12 CVSA On-Road Inspection
• Standard 13 Trip Inspection
• Standard 14 Safety Rating
• Standard 15 Facility Audits
• Standard 16 Entry Level Training (Class 1)

Now that we have a better understanding of what the NSC represents and what the 16 standards are, let’s take a deeper dive into the standards that apply, starting with Motor Carriers.

NSC Standard 14 — Safety Rating

You might be wondering why we are starting with Standard 14. All provinces in Canada are required to issue an NSC number to all commercial carriers in their governing jurisdiction. A Safety Fitness Certificate (SFC) contains the NSC number, which is the unique identifier for each commercial operator. Ontario calls this number a Commercial Vehicle Operator’s Registration or CVOR.

If you have registered a vehicle that is regulated under the National Safety Code program in Canada, you are required to apply for a SFC or CVOR (Ontario). The SFC or CVOR gives you permission to operate a commercial vehicle.

There have been many new changes recently to the process of not only applying for an SFC but also in maintaining the required certificate. For example, in Alberta, it includes completing an NSC knowledge test online or NSC in a registry office, completing an NSC audit within 12 months of obtaining your SFC, and renewing your certificate every three years.

A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has determined that the undertaking has a “satisfactory”, “satisfactory unaudited” or “conditional” safety rating, as set out in section 5 of Part C of NSC Standard #14.

Safety Rating Categories

Responsibility for motor carrier safety resides, first and foremost, with motor carrier management. The Safety Rating Standard (Standard 14) establishes the motor carrier safety rating framework by which each jurisdiction shall assess the safety performance of motor carriers. There are four safety rating categories as follows:

• Using the information in the motor carrier profile;
• Assigning a value to each of the data listed in the motor carrier profile taking into account its severity and potential safety impact, in accordance with the National Safety Code Standard 7, Carrier Profile:
  • For the 24 months preceding the determination; or
  • In the case of a motor carrier whose motor carrier profile was established less than 24 months prior to the determination, for the period since its establishment;
• Normalizing the weighted data using the motor carrier’s fleet size to reflect the motor carrier’s exposure to risk; and
• Assigning a safety rating to the motor carrier in accordance with the safety rating categories.

The NSC’s safety fitness rests on three building blocks:

• NSC Standard 7: Carrier and Driver Profiles
• NSC Standard 14: Safety Rating
• NSC Standard 15: Facility Audit

Together, these standards provide the safety rating and management framework by which each jurisdiction assesses the safety performance of motor carriers. In part 3, we’ll cover Standards 7 and 15 in greater detail.

Key to remember: We have just touched the surface of the NSC standards and covered likely one of the most important when it comes to maintaining a safe rating and compliance with Jurisdictional regulations.

Sometimes, employers have a choice

While only the new version of the poster is available on the OSHA website, employers don’t need to rush to display it. The Department of Labor notes that it’s fine for employers to have an older version of the poster on the wall.

In general, a new poster is required when it’s updated due to a change in a law. In this case, there has been no regulatory update to require a mandatory posting change and the rights on the listed on the poster remain consistent with the current law.

What’s different?

The updated version of the OSHA poster, released in late February, uses a new heading: “OSHA Cares.” The words “That You Go Home Safe” appear on the bottom of the poster after a bulleted list of employee rights, including the right to:

• A safe workplace
• Speak up about safety and health concerns without retaliation
• Report an injury or illness
• Training in a manner you understand

The list of employer requirements has been removed from the poster, but it includes a QR code that goes to OSHA’s website. It also has a more streamlined look that includes crescent-shaped accents rather than graphics.

The agency still refers to the poster as the “Job Safety and Health Workplace Poster,” but those words no longer appear on the poster.

Requirements still apply

Employers in a state with an OSHA-approved state plan may use the state version of the poster to meet the OSHA posting requirement.

To be compliant, the OSHA poster must be at least 8.5 x 14 inches and needs to have 10-point type. The posting regulation at 1903.2 in the Code of Federal Regulations also stipulates that the heading needs to be in large type, generally not less than 36-point type.

Key to remember: OSHA has released an updated workplace poster with a new design. Employers can either display the new version or continue to display previous versions to comply with the agency’s posting requirement.

Reassess the need for accommodation

After employers grant an accommodation, they may assess whether there continues to be a need for the accommodation based on individualized circumstances, including whether alternative accommodations might meet the employee’s needs.

Employers have the discretion to choose between effective accommodations. This means employees aren’t necessarily entitled to their preferred accommodation forever. Employers may, therefore, reevaluate a previously granted remote work accommodation and replace it with an effective, reasonable one. When there are several reasonable and effective options, employers may choose an accommodation other than remote work.

Don’t hide under a blanket

Employers shouldn’t take a blanket approach to rescind and deny all remote work accommodations. In some cases, employees will continue to need remote work as an accommodation. Employers need to look at each situation individually, based on its own merits.

When to reassess the type of accommodation

Employers should occasionally reevaluate accommodations in response to changes, such as changes to:

• An employee’s condition,
• Job requirements,
• Operational needs, and
• A related law.

Employers might also, for example, find it helpful to reevaluate a remote work accommodation once a year to confirm the accommodation remains effective and manageable.

After reassessment

If supported by an individualized assessment, employers may allow the employee to continue to work remotely if doing so is necessary to ensure continued compliance with the ADA.

If, however, reevaluation and individualized assessment demonstrate that an employee no longer needs remote work as an accommodation, employers may replace it with a reasonable and effective in-office option (or combination of options). This can include, but isn’t limited to, assistive devices, modified equipment, environmental modifications (sound, smell, light, etc.), job restructuring, modified or flexible work scheduling, etc. It can also include reducing remote work, combined with in-office accommodations, provided the result is still reasonable and effective.

Key to remember: Employers may review whether employees continue to need remote work accommodations. Employers may rescind remote work accommodations if they no longer suit employee or company needs, but they might have to provide an alternative solution.

The story

In response to the COVID-19 pandemic, an employer implemented a company-wide vaccine mandate. It notified employees that they could seek a religious or medical exemption, but that it would terminate those who didn’t comply.

Jennifer and Katherine, two remote employees, requested religious exemptions.

The employer denied both requests and eventually fired them.

Both employees sued, bringing disability discrimination claims under the ADA. They argued that their employer:

• Made unlawful medical examinations or inquiries, and
• Regarded them as having a disability.

The employees stated that their employer had no valid business reason to inquire into their vaccination status, especially because they were remote employees.

The employees also argued that the employer regarded them as disabled because they were unvaccinated and then fired them for that reason.

The ruling

The ADA defines a disability as a “physical or mental impairment that substantially limits one or more of the individual’s major life activities.” The court said that whether a person is vaccinated or not has no bearing on their ability to engage in major life activities.

The court also said that the employees’ medical exam or inquiry argument was also fatally flawed because an employer’s inquiry into an employee’s vaccination status isn’t disability related.

Finally, a person is “regarded as” having a disability if they’re “subjected to an action prohibited under [the ADA] because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity.”

Once again, being unvaccinated isn’t a physical or mental impairment. Being unvaccinated, therefore, doesn’t support a “regarded as” claim.

The court ruled that the employer didn’t violate the ADA when it asked about the employees’ vaccination status or when it fired them for being unvaccinated.

Finn v. Humane Society of the United States, Fourth Circuit Court of Appeals, No. 4-1416, November 20, 2025.

Key to remember: According to at least one court, employers don’t violate the ADA if they ask employees about their vaccination status.

Look for systemic patterns

A pattern of incidents at one battery construction site is a great example of how individual decisions and company safety systems intertwine to determine the outcome of daily events. OSHA’s report on the March 2025 death of a company CEO showed that while individual decisions played a role, the fatality occurred within a broader pattern of systemic safety failures at the construction site.

According to Agency findings, the employee chose to cross a roadway while wearing a black vest instead of the required high visibility vest, which drastically reduced the employee’s visibility. At the same time, a site forklift driver was reportedly talking on the phone while operating the vehicle which also contributed to the result of the incident.

OSHA’s conclusions made clear that organizational systems and controls, not just the individuals’ choices, were the primary shortcomings. Multiple companies on site failed to enforce safety rules, maintain traffic controls, or ensure proper operator behavior. For example, the forklift driver’s employer received the largest fine for exposing workers to struck-by hazards and failing to ensure operators followed basic safety practices such as speed limits, phone use, use of spotters, and horn use when visibility was obstructed.

The report reflected an even larger pattern, finding that the employee’s death was one of many safety incidents at the construction mega site, which had recorded dozens of previous traumatic injuries, multiple fatalities, and at least 15 OSHA investigations. Previous incidents included falls, other forklift injuries, a conveyor entrapment, a pipe explosion, and a fatal crushing incident earlier in 2025. This track record should have been an early warning that system-level safety gaps and inconsistent safety management were key contributors, far outweighing any single person’s decisions.

Stomp out systemic failures

While individual decisions like walking into a traffic zone or operating equipment while distracted may influence an incident, they rarely tell the whole story. Root causes usually reflect deeper underlying weaknesses in the organization’s safety systems, such as:

• Fragmented safety oversight that leads to inconsistent enforcement of safety rules, policies, PPE requirements, and behavioral expectations;
• Inadequate traffic and equipment controls that invite a mingling of vehicles with pedestrians or dangerous forklift operational habits;
• Breakdowns in communication between workers including unreported injuries, language barriers, or inadequate signage that results in workers missing warnings or misunderstanding proper procedures; and
• Normalized incidents or near misses, which eventually become serious incidents and fatalities and result in a reactive rather than proactive safety culture.

These conditions can quickly create an environment where ordinary human mistakes are far more likely to lead to severe or fatal outcomes. Employers need to look beyond the individual employee decisions and investigate which systemic failures allowed the decision to become deadly. This is where OSHA regulations help.

Leverage OSHA regulations

You’ve likely heard the saying, “OSHA regulations have been written in blood” meaning someone (or many someones) have been seriously injured in the workplace which resulted in regulations aimed at protecting others from a repeat of similar situations.

Since OSHA was established nearly 55 years ago, its standards and enforcement efforts have helped save more than 712,000 workers’ lives. Even so, employers must continue to identify and strengthen gaps in their safety programs and systems to shield workers from the consequences of inevitable human decisions.

Employers shouldn’t just use OSHA regulations as a means for compliance but to actively protect workers by controlling hazards and setting clear expectations for safe work. Standards such as 1910.147 (Lockout/Tagout), 1910.1200 (Hazard Communication), 1926.501 (Fall Protection), and 1910.178 (Powered Industrial Trucks) give employers concrete requirements for preventing injuries and keeping employees safe on the job. Filling systemic safety gaps by using these standards can prevent thousands of serious injuries and fatalities every year. As demonstrated with this forklift struck-by fatality, most workplace deaths stem from hazards that OSHA rules are designed to control.

Key to remember: Serious incidents and fatalities are rarely caused by individual decisions but by broader system failures like insufficient safety oversight, inconsistent rule enforcement, and poor worksite communication. Employers can prevent these incidents by leveraging regulatory compliance to identify and correct weaknesses in their safety systems.

Choose interviewers

Conduct interviews privately with no more than two interviewers present. By keeping the interviews small and away from others, you have a much better chance of having a factual and productive conversation. The person conducting the interview should be neutral and trusted by employees.

It may be tempting to let management sit in, but a supervisor’s presence may cause an employee to clam up. Keeping this conversation informal can help employees relax and talk more freely. Simply ask what happened and let the witnesses tell the story in their own words. Remind them that the goal of this conversation is to identify hazards, not to get anyone in trouble.

Asking questions

Ask open-ended questions like “describe what happened leading up to the incident” and “what happened next?” Avoid leading questions that might cause someone to make things up in an attempt to answer. Along the same lines, avoid questions that suggest an accusation, such as “do you think he wasn't paying attention?”

Witnesses might give their opinions, and you can make notes, but distinguish between the facts and their opinions. Repeat their conclusions back to them to confirm your understanding.

Keep in mind that memories or viewpoints might differ. Statements from multiple witnesses might be contradictory such that both statements cannot possibly be factual. This doesn't mean either worker is lying. It could just be how they remember the events, or they saw things from a different angle. Of course, some witnesses might describe an incident with the goal of avoiding blame.

As necessary, go back to previously interviewed witnesses for additional information or clarification.

Example situation

Suppose a near-miss incident involved a forklift operator who stopped suddenly, causing the load he was carrying to slide off the tines, nearly striking a pedestrian. You might hear statements like, “I didn't see the forklift” or “the pedestrian came out of nowhere.” Now, that may be how witnesses remember things. But there's probably something else going on.

Follow-up questions might be along the lines of, “what were you focused on at the time of the accident?” Maybe the pedestrian was reading a document or computer pad and didn't see or hear the forklift approaching. Or perhaps the forklift operator was going too fast or failed to stop and sound the horn at an intersection. There could be several contributing factors, and you'll want to identify all of them.

Witness interviews provide valuable information in determining what happened before, during, and after an incident. As an interviewer, your goal is to gather key information while keeping the witnesses comfortable. Remind them the goal of investigating is to help prevent future incidents and injuries, not to blame employees.

Key to remember: Conducting effective interviews requires skill and consideration that goes beyond simply asking, “Tell me what happened.”

How to find legitimate OSHA Outreach trainers and classes

There’s been an increase in fraudulent activity related to these courses over the past several years. The following points can help workers and employers avoid fraudulent trainers and courses.

1. Only OSHA-authorized trainers may teach 10- and 30-hour safety courses and issue OSHA student course completion cards. OSHA-authorized Outreach trainers – that is, trainers that deliver OSHA 10- and 30-hour training - are not OSHA personnel. Trainers are authorized (not certified) through the Outreach program to deliver OSHA 10- and 30-hour classes. All authorized trainers must possess a trainer card which includes an expiration date along with the name of the authorizing OSHA Training Institute (OTI) Education Center.
   Trainers are independent service providers, and their schedules and fees may vary. OSHA recommends contacting multiple trainers to find one that best meets the student’s needs. Students may verify the status of an authorized Outreach trainer.
2. Qualified individuals can become authorized OSHA Outreach trainers through OTI Education Centers. Individuals must meet industry safety experience requirements and complete a training course in the applicable OSHA standards and a trainer course to become authorized. Trainers must attend an update course, available through OTI Education Centers, every four years.
3. On its website, OSHA provides a list of authorized trainers to find instructors for the 10- and 30-hour safety courses. The list provides trainer names and contact information and denotes which course each trainer is authorized to teach (i.e., construction, general industry, maritime, disaster site worker). Courses are also available in Spanish and online from the appropriate authorized trainer.
   A trainer “watch list” contains a list of individuals whose status as authorized OSHA Outreach trainers has been suspended or revoked as a result of failing to comply with the Outreach training program requirements.
4. OSHA’s website also contains a program overview, FAQs, and resources for finding an OTI center, replacing a card, avoiding card fraud, and searching for classes.
5. Taking a 10- or 30-hour course does not guarantee employment. While OSHA believes this training is an important first step towards workplace safety, beware of advertisements “guaranteeing” jobs after taking the course.

Key to Remember: If a trainer’s offer sounds too good to be true, it probably is. To find a legitimate OSHA Outreach trainer and classes, start at osha.gov and look for Outreach Training Program under Help and Resources.

Guidance from OSHA

In the LOI above, OSHA states head protection must meet testing requirements in American National Standards Institute (ANSI) Z89.1-1969. But it only provides testing requirements for facing the bill forward.

The bill helps to deflect small falling objects from overhead. Without the bill, a worker’s face could get struck by a falling object. When I worked in the electrical transmission industry, small bolts, grit, and other things would fall from above during steel erection activities. In the LOI, OSHA states that employers can allow workers to face their bill to the rear if the manufacturer certifies that this practice meets ANSI Z89.1-1969 requirements.

In later versions, ANSI includes testing guidance to manufacturers for facing the bill to the rear. ANSI now provides manufacturers with a reverse-donning test to certify hard hats are safe for reverse wear. If the hard hat is safe to face backward, the manufacturer will place a symbol (two arrows curving to form a circle) on the hard hat.

Best practice tips

I’ve been a safety professional for almost two decades now. I’m telling you from experience that your workers will come up with unique reasons why they should face their bills to the rear. Some explanations will be completely legitimate. But OSHA’s personal protective equipment (PPE) standard requires employers to assess their workplace for hazards and determine when PPE is necessary to protect workers.

A competent person must decide when it’s safe to allow workers to face their bills backward. Manufacturers may certify their hard hat is safe to reverse wear, but employers must figure out if it’s safe to do in the workplace based on the hazards workers are exposed to.

Have a consistent policy in place for how you’ll handle requests. If you have many workers, it’ll be difficult managing individual approvals on a case-by-case basis. I recommend using work activities and work areas to determine whether workers can wear their bills to the rear. For instance, I’d allow workers to reverse-wear their hard hats if they were rigging and material handling loads from a crane’s hook or working in laydown yards without overhead falling object hazards.

In summary, you can allow your workers to turn their hard hats backward, but you’ll need to follow the guidance above to ensure it’s safe.

Key to remember

Workers can reverse-wear hard hats if the hard hat is certified by the manufacturer for reverse donning. The hard hat will have two arrows curving to form a circle if it is.

Covered establishments

Certain types of food processors and establishments must have a HACCP plan. They're required by the:

• Food and Drug Administration (FDA) for seafood (21 CFR 123) and juice processors (21 CFR 120), and
• U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) for meat, poultry, and processed egg product establishments (9 CFR 417).

Getting started

HACCP plans can only be developed by individuals who have completed standardized HACCP training. Before developing and implementing a written HACCP plan, you must:

• Conduct a hazard analysis to identify and evaluate all of the potential biological, chemical, and physical food safety hazards associated with each step in your production process for each product made. Steps include receiving, storage, mixing, cooking, cooling, etc.
• Determine which hazards are likely to cause illness or injury if they’re not properly controlled.

FSIS-covered operations (meat, poultry, and processed egg products) also must create a flow chart that shows each step in how your product moves through the facility, from raw materials to the finished item. This helps everyone see the full process in order. Be sure to describe in the flow chart how the final product will be used and who the intended consumers are.

Drafting the HACCP plan

You could say the HACCP plan, itself, is the “meat and potatoes” of your food safety efforts. Certain plan elements must be included though. At a minimum, your HACCP plan must:

• List the food safety hazards (identified in the hazard analysis) that must be controlled for each process;
• List the CCPs for each of the identified food safety hazards, including, as appropriate, CCPs designed to control food safety hazards that:
  • Could be introduced inside your establishment; and
  • Are introduced outside your establishment, including those that occur before, during, and after entry into your establishment;
• List the critical limits that must be met at each of the CCPs. At the very least, critical limits must be designed to ensure that applicable targets or performance standards are met;
• List the procedures that will be used to monitor each of the CCPs to ensure compliance with the critical limits, and include the frequency you will perform those procedures;
• Include all corrective actions you’ll follow in response to any deviation from a critical limit at a CCP;
• Provide for a recordkeeping system that documents actual values and observations found during CCP monitoring; and
• List the verification procedures that your establishment will use and the frequency you will perform those procedures.

Your written HACCP plan is not complete unless it’s signed and dated. For FSIS-covered facilities this must be done by a “responsible establishment official.” This is defined under 9 CFR 417 as “the individual with overall authority on-site or a higher level official of the establishment.” The signature indicates that your establishment accepts and will implement the HACCP plan. The plan must be dated and signed:

• Upon initial acceptance,
• Upon any modification, and
• At least annually upon reassessment.

HACCP plans for seafood and juice processors must be signed and dated by "the most responsible individual onsite at the processing facility or by a higher level official of the processor." The plan must be dated and signed:

• Upon initial acceptance,
• Upon any modification, and
• Upon verification and validation in accordance with 21 CFR 120.11.21 (juice processors) and 21 CFR 123.8(a)(1) (seafood processors).

Key to remember: HACCP plans are required for certain food processors. By identifying food safety hazards, controlling them at the right points, and maintaining clear monitoring, corrective action, and verification practices, your food establishment can consistently protect consumers and meet regulatory expectations.