Smart driving in severe conditions

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.

Be ready, look ready

Looking prepared goes well beyond having a solid lesson plan. It’s about presenting yourself in a way that builds confidence before the session begins.

• Dress neatly and professionally to reinforce your credibility and show that the training matters.
• Bring enough handouts for every driver, plus a few extras.
• Arrive early to organize your materials, gather your thoughts, and welcome participants as they arrive.
• Make sure that all your electronic or technical equipment is set up and functions properly.

Start on time

Beginning your session at the scheduled time sends a clear message. It conveys that the training is important, and so are your drivers’ schedules. Starting late can frustrate those who arrived early or on time and can diminish your credibility before the session even begins. A timely start keeps the group focused and ready to learn.

Open with purpose and perspective

Begin each session by helping drivers understand the purpose of the training and why it matters.

To craft an effective introduction, put yourself in your drivers’ place. If you were attending the session, what would you want to know about it before starting? Framing the session from the drivers’ perspective creates early engagement and helps participants see the session’s value.

Set the tone

A lack of enthusiasm can quickly drain energy from a training session, no matter how strong the content. Displaying confidence and passion for the topic demonstrates your belief in its importance. When drivers see that you care, they’re far more likely to stay engaged.

End on time

Running beyond the scheduled end time can make drivers restless and reduce the impact of your session. Plan to finish about 10 minutes early. This gives you flexibility for discussion, clarifications, or final questions, while still honoring everyone’s time. A timely wrap up helps ensure your session ends with clarity and confidence.

Key to remember: Applying these five core practices sets the foundation for efficient training sessions that keep drivers engaged and deliver lasting results.

What’s changing

Motor carriers should review the changes now to determine how they might impact their operations. Except as noted, the new rules take effect on March 23, 2026:

• Bumper labels: Motor carriers will no longer need to ensure that their vehicles’ rear-impact guards have a permanent certification label from the manufacturer. These labels often fall off or become unreadable over time, resulting in citations even when guards meet the safety standard.
• License-plate lamps: Tractors will no longer need a working rear license-plate lamp while pulling a trailer. If there’s no trailer, the light will need to be operational.
• Spare fuses (effective April 20, 2026): Drivers will no longer be required to carry spare fuses for powering required equipment. The FMCSA says today’s vehicles don’t commonly suffer from blown fuses, making the requirement unnecessary.
• eDVIRs: Though already allowed under 49 CFR 390.32, the vehicle inspection rules in Part 396 will explicitly allow drivers and motor carriers to use electronic drivers’ vehicle inspection reports (DVIRs).
• Auxiliary fuel pumps: Motor carriers will be able to use gravity- or siphon-fed auxiliary fuel pumps with tanks up to 5 gallons, mounted on the trailer and used only when the vehicle is not in motion. The rule revises 393.65(d) to reflect modern small-capacity auxiliary systems used for trailer-mounted equipment. capacity auxiliary systems used for trailer-mounted equipment.
• Fuel tank fill limit: It will no longer be a violation to use fuel tanks that can be filled beyond 95 percent of their capacity. Modern liquid-fuel tanks have vented caps that can safely accommodate a 100-percent fill, the FMCSA says.
• Liquid-burning flares: The FMCSA has removed the option to use liquid-burning flares as emergency warning devices. Drivers must use reflective triangles or solid-fuel flares instead.
• CDLs for military techs: Dual-status military technicians (as defined in 10 U.S.C. 10216) are now explicitly included in the commercial driver’s license (CDL) exemption for military vehicle operations. Previously, only National Guard technicians qualified; Air Force Reserve and Army Reserve technicians were excluded.
• Portable conveyors: Portable conveyors used in the aggregate industry and manufactured before 2010 are now exempt from the “brakes on all wheels” requirement, provided certain weight and speed limits are met.
• Tire markings: The FMCSA has clarified that its rules do not require tire load-rating markings on sidewalls. That requirement falls to manufacturers only, not motor carriers.
• Vision waivers: An obsolete grandfathering provision related to an old vision waiver study program has been removed from the regulations (391.64) in favor of today’s alternative vision standard in 391.44.
• Water carriers: The FMCSA has removed outdated references to “water carriers,” updating parts 365, 370, 379, 386, and 390 to reflect the agency’s lack of jurisdiction over maritime carriers.

More rules on the way?

Additional deregulatory actions proposed last May are still in process but are expected to be finalized soon. This includes rules to:

• Remove the need to carry a user manual for electronic logging devices (ELDs).
• Remove the requirement for drivers to self-report moving violations.
• End the requirement that carriers return completed roadside inspection reports unless requested by the issuing agency.
• Exempt certain buses and hazmat drivers from stopping at railroad crossings equipped with active warning devices (unless the devices are activated).
• Record information about accidents where medical treatment consisted only of imaging or a prescription without actual treatment.
• Delete the outdated requirement to retrofit older trailers with retroreflective tape.

Key to remember: The FMCSA has finalized 12 deregulatory actions among 18 proposed in May 2025. The changes could save time and money for both motor carriers and drivers.

More than general awareness

Hazmat general awareness training helps drivers recognize hazardous materials and understand basic requirements. Function-specific training goes a step further. For drivers, it focuses on tasks such as verifying shipping papers, maintaining placards, selecting safe parking locations, following routing restrictions, and responding appropriately when plans change.

Inspectors assume drivers understand these responsibilities because they are part of the driving job. When a driver cannot explain why a vehicle was parked in a certain location or why a specific route was chosen, the issue often becomes a training concern rather than a simple mistake.

Training gaps

Many training-related violations happen because drivers didn’t realize a rule applied to them. Parking and attendance are common examples. A driver may believe that locking the truck or parking in a familiar spot is sufficient. Inspectors expect drivers to know when attendance is required and how parking decisions affect public safety.

Routing decisions also reveal training gaps. Drivers who rely only on GPS may unknowingly travel through restricted areas. From an enforcement perspective, route selection is a driver function. Inspectors expect drivers to recognize when hazmat restrictions apply and when a route needs to be questioned.

In these situations, intent doesn’t matter. Inspectors focus on whether the driver was trained to perform the hazmat function correctly.

Training doesn't stop at the gate

One of the most important points for drivers to understand is that hazmat training doesn’t end when the truck leaves the facility. Every decision made with a hazmat load is part of a regulated function. That includes where to stop, how long to stay parked, which route to take, and what to do when delays or breakdowns occur.

Drivers who understand this tend to pause and ask questions when something feels questionable. That pause often prevents violations. Drivers who treat hazmat loads like general freight are more likely to make decisions that inspectors challenge.

Knowledge matters

During roadside inspections, inspectors are not just checking for compliance. They are assessing whether the driver understands the hazmat responsibilities tied to their role. When a driver can clearly explain their decisions, inspections tend to go more smoothly. When they can’t, inspectors are more likely to dig deeper and conduct a more thorough inspection.

Key to remember: Drivers are expected to understand how hazmat regulations apply to the decisions they make every day on the road. When drivers see those decisions as part of their training responsibility, they are better prepared for inspections and less likely to be surprised by citations.

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 are restricted plates?

The IRP defines a “restricted plate” as:

• A plate that has a time, geographic area, distance, or commodity restriction; or
• A mass transit or other special plate issued for a bus leased or owned by a municipal government, a state or provincial transportation authority, or a private party, and operated as part of an urban mass transit system.

Definitions and limitations vary by the jurisdiction that issues the plate. Common examples of restricted plates include:

• Farm,
• Transporter,
• Dealer,
• Manufacturer,
• Repair,
• Special mobile equipment, and
• Forestry.

Understanding how restricted plates are defined is only the first step. Whether those plates are recognized outside the base jurisdiction depends on reciprocity.

It’s all about reciprocity

Under IRP, a vehicle displaying restricted plates is not an apportionable vehicle. When a vehicle is non-apportionable, it’s up to each jurisdiction to determine how the jurisdiction’s laws apply.

A non-apportionable vehicle (one operating with restricted plates) may or may not be granted reciprocity outside of the base jurisdiction. This varies by state, and you need to verify whether the states where you operate have reciprocity agreements in place with your base state to recognize those restricted plates.

For example, under a reciprocal agreement between Wisconsin and Minnesota:

• Commercial vehicles that display intrastate vehicle registration (license plates) from Minnesota may operate interstate within a 30-air-mile range of the Minnesota-Wisconsin boundary line without carrying any additional registration credentials, and
• Vehicles that display Wisconsin intrastate vehicle registration (license plates) may operate interstate in Minnesota within a 30-air-mile range of the Wisconsin border.

In contrast, many jurisdictions treat farm, dealer, or transporter plates as valid only in the state of issue, requiring full IRP or other registration (regardless of a trip permit). When there’s no reciprocity agreement, vehicles not apportioned are subject to registration and fee payment according to each base jurisdiction’s general registration statutes.

Because reciprocity is inconsistent — and often misunderstood — many carriers look to trip permits as a workaround. Unfortunately, that approach usually doesn’t solve the problem.

What about trip permits?

In most cases, full IRP apportioned registration is required, and trip permits don’t override the limitations of restricted plates.

In other words, trip permits do not convert an ineligible or restricted plate into an unrestricted interstate plate.

As a result, a vehicle operating on restricted plates may still be considered improperly registered for interstate travel — even if a trip permit has been purchased.

Key to remember: Because restricted plate rules and reciprocity agreements vary by jurisdiction, carriers should verify registration requirements before operating interstate. When interstate travel is anticipated, full IRP apportioned registration is typically the safest and most compliant option.

Evaluate and encourage

Performance evaluations are a valuable tool for managers to both assess and encourage employees, and to address any workplace issues. They should let employees know how they’re doing, what they can improve, and acknowledge superior job performance. They should also allow employees to share their struggles and have input into developing goals.  

The process of conducting performance evaluations varies depending on a company's policy and culture. Some companies have formal performance review programs, while others have a policy of open communication. Both methods should cover any performance-related issues that arise.  

Strong performance evaluations:

• Define job-related expectations;
• Assess performance against expectations using observable behaviors or outcomes; and 
• Provide written documentation that supports the conclusions reached.   

Evaluations should be conducted by individuals who are knowledgeable about the role and able to make informed assessments based on real work conditions, rather than assumptions or isolated incidents. That means supervisors should base evaluations on regular interaction and documented feedback gathered throughout the review period.   

A living document

One common challenge with performance reviews is that they’re completed and then forgotten. To avoid this, evaluations should be positioned as a reference point for ongoing coaching; not the end of the conversation.

Evaluations may be used to decide whether training or corrective action has been effective and whether more support is needed. Similarly, managers should revisit performance goals during check-ins, tie them to development conversations, and use the evaluation as a living document that spells out? future expectations.   

To make sure evaluations are constructive, it’s important to pair clear expectations with a support plan. This includes showing specific areas for improvement, explaining why those expectations matter, and outlining what resources, training, or coaching will be provided.   

Evaluations should do more than find gaps; they should help determine what comes next and how the organization will support improvement. In practice, this means documenting next steps, timelines, and follow-up discussions, so employees understand both what’s expected and how they will be supported in meeting those expectations.  

Ask the right questions

While the specifics depend on position and job duties, here are 10 questions that can be used to get the ball rolling in a performance evaluation:   

1. What accomplishments in this review period are you most proud of?
2. What tasks or responsibilities have been most challenging for you?
3. Can you share examples of situations where you felt you performed particularly well?
4. Are there areas where you believe your performance could have been stronger?
5. Have expectations been clear, and where could they be clearer?
6. Were there times when you felt unprepared to perform a task? If so, why?
7. What additional training or resources would help you perform your job more effectively?
8. What specific goals should we set for the next review period?
9. What support, training, or tools will help you achieve those goals?
10. How will we measure progress and success?  

Key to remember: Performance evaluations should clearly set expectations, use documented, observable feedback, and serve as a foundation for ongoing coaching, goal setting, and support. They should be more than a one-time conversation.

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.

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.

What is “chip guarding”?

“Effective chip guarding” means any method or equipment which will prevent a chip or particle (of whatever size) from being blown into the eyes or unbroken skin of the operator or other workers.

Effective chip guarding may be separate from the air nozzle as in the case where screens or barriers are used. The use of protective cone air nozzles are acceptable in general for protection of the operator, but barriers, baffles or screens may be required to protect other workers if they are exposed to flying chips or particles.

What about the psi requirement?

The regulation requires the psi at the nozzle to be less than 30 when using compressed air for cleaning.

However, OSHA has said in interpretive guidance that the use of compressed air for cleaning purposes at pressures at or greater than 30 psi is permissible if the outlet or source is fitted with a relief device or air ports that drop the pressure to less than 30 psi if the flow is dead-ended.

What about cleaning clothing/bodies?

While the regulation does not specifically address the issue, in a letter of interpretation OSHA said that employers should not allow employees to use compressed air for cleaning themselves or their clothing in general industry situations. The eyes and other body parts, such as the respiratory system, may be damaged as the result of inadequate personal protective equipment, lack of chip guards, and/or uncontrolled release of compressed air.

The dangers

There are numerous dangers of improperly using compressed air:

• Embolism: If compressed air enters the bloodstream through a body opening or skin break, it can create an embolism (air bubble) that can be life threatening.
• Eye damage: Particles that are being blown can “blow back” and strike the eyes. The air itself can also cause injury if it is pointed toward the eyes.
• Hearing loss: Some compressed air equipment can be loud enough to damage hearing. Always wear proper PPE.
• Combustible dust: If compressed air is used to blow certain dusts, it can create a suspension in the air that could ignite if there is an ignition source.
• Respiratory: Particles or air can enter the respiratory system, posing deadly hazards.
• Whips: If not properly secured, hoses can whip and cause severe injury.

Workers must be trained that even extremely low pressures, such as 5 or 10 psi, can still cause severe damage if pointed toward the body, particularly the mouth, eyes, ears, or open areas in the skin.

Employers should train employees on the dangers of compressed air, and ensure the equipment is equipped with the necessary safety features and is properly maintained.

Supervisors should watch for improper use, particularly horseplay, and initiate corrective action. In addition, for many applications, a broom or shop vacuum may be just as effective at cleaning, and much safer. Compressed air may seem harmless, but if strict safeguards and practices are not utilized it can be deadly.

Choosing a NAICS code

OSHA does not assign NAICS codes. Employers know their operations best and must select the most applicable code. For example, suppose a company engages in both plastics manufacturing and chemical manufacturing. The plastics division has the most employees, but the chemical division generates the most revenue. Which NAICS code should the company use? The company could use either, but might consider the electronic filing obligations.

Plastics manufacturers must file the 300A, 300 Log, and 301 Forms if the establishment has 100 or more employees. However, chemical manufacturers file only the 300A regardless of employee count. This company might choose the NAICS code for chemical manufacturing since that generates the most revenue and would only have to file the 300A.

One location, two establishments?

Normally, a single physical location counts as one “establishment” for injury recordkeeping. In rare cases, a single location with more than one business operation might be divided into more than one establishment. If this happens, each establishment (operation) would maintain a separate 300 Log and could even have different electronic reporting obligations.

The previous example of a chemical and plastics manufacturer probably doesn’t qualify as two separate establishments. OSHA offers an example where two separate business establishments operate from the same physical address. The agency noted, “if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.”

According to the regulation at 1904.46, an employer might consider two or more separate businesses that share a single location to be separate establishments only when:

• Each of the establishments represents a distinctly separate business;
• Each business is engaged in a different economic activity;
• No single NAICS code applies to the joint activities; and
• Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.

If these criteria do not apply, the employer must choose one NAICS code for the entire operation.

Employer Identification Number (EIN)

When preparing for electronic submission of injury records, employers also need to include their Employer Identification Number, or EIN. This is a tax identification number for a company, similar to a Social Security Number, but for a business.

Some locations might have more than one EIN. That does not automatically mean the location constitutes two or more “establishments” for OSHA recordkeeping and reporting. However, if each operation meets the criteria for separate businesses, the employer might maintain separate 300 Logs (and potentially have different e-reporting obligations) for each business operation.

Key to remember: If more than one NAICS could apply, the employer chooses which code to use for electronic filing of injury data. Though unusual, a single location might be divided into separate business operations and treated as two establishments.

Letters of Interpretation

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

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

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

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

OSHA’s guidance continues

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

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

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

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

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

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

Key to remember

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

Employee types

You may have employees who:

• Service and perform maintenance on equipment in your facility (authorized),
• Operate or use machines to which lockout/tagout devices are applied (affected), or
• Work in an area where lockout/tagout is performed (other).

They all need to know how to avoid the dangers involved when hazardous energy sources are not locked out and/or tagged out.

Authorized employees need the most detailed training. Train them to recognize hazardous energy sources, the type and magnitude of the energy available in the workplace, and they must know how to isolate equipment from its energy sources.

Affected employees must be trained to recognize a machine malfunction and know how to report the problem to authorized employees.

Other employees are those whose work activities are in the area where lock/out tag/tagout is being used. Train them on lockout/tagout procedures, and about the prohibition relating to attempts to restart or re-energize machines or equipment which are locked or tagged out.

Know the requirements

OSHA establishes requirements that employers must follow when employees are exposed to hazardous energy while servicing and maintaining equipment and machinery. Some of the most critical requirements from the standard are outlined below:

• Develop, implement, and enforce an energy control program.
• Use lockout devices for equipment that can be locked out. Tagout devices may be used instead of lockout devices only if the tagout program provides employee protection equivalent to that provided through a lockout program.
• Ensure that new or overhauled equipment is capable of being locked out.
• Develop, implement, and enforce an effective tagout program if machines or equipment are not capable of being locked out.
• Develop, document, implement, and enforce energy control procedures.
• Use only lockout/tagout devices authorized for the particular equipment or machinery and ensure that they are durable, standardized, and substantial.
• Ensure that lockout/tagout devices identify the employee who applied the devices.
• Establish a policy that permits only the employee who applied a lockout/tagout device to remove it.
• Inspect energy control procedures at least annually.
• Provide effective training as required for all covered employees.
• Comply with the additional energy control provisions in OSHA standards when machines or equipment must be tested or repositioned, when outside contractors work at the site, in group lockout situations, and during shift or personnel changes.

Key to remember

Implementing proper lockout/tagout procedures and training is necessary to protect your authorized, affected, and other employees from injury and death.