Texas crane and rigging company to pay $525,000 in EEOC suit

‘Fire from the Storm’ video

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

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

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

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

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

Cold weather alert

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

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

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

Event summaries issued

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

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

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

The overall data reports provide:

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

However, the latest Volume 1 also reveals:

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

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

Reporting form change

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

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

Key to remember

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

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

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.

A summary of the requirements

Documentation

Addressing the issue

Which vehicles are regulated under NY HUT?

Under this state highway use/mileage tax program, public highways include any public highway, street, avenue, road, public place, public driveway, or any other public way. It does not include toll-paid portions of the New York State Thruway.

A motor vehicle includes any:

• Truck, tractor, or other self-propelled device, and any trailer, semi-trailer, or dolly, or other device that is drawn having a gross weight, alone or in combination with another motor vehicle, trailer, semi-trailer, dolly, or other device of more than 18,000 pounds;
• Truck with an unloaded weight of more than 8,000 pounds; and
• Tractor with an unloaded weight of more than 4,000 pounds.

Your vehicle is regulated. Now what?

Before operating a motor vehicle on the public highways of New York State you must:

• Obtain a certificate of registration and decal for each motor vehicle subject to the highway use tax, and
• Regularly file HUT returns.

You must keep the certificate of registration at your regular place of business.

The decals are not transferable and must be securely and conspicuously affixed as follows:

• Truck, tractor, or other self-propelled vehicle: On the body, which includes the bumper of the vehicle, as near as possible to the front registration (license) plate.
• Trailer used to transport automotive fuel: On the body, which includes the bumper of the vehicle, as near as possible to the rear registration (license) plate.

Are trip permits available?

If you only occasionally operate a motor vehicle in New York State, you can get a trip certificate of registration instead of registering, obtaining a decal, and filing HUT returns.

How do I pay the tax?

You must file a HUT return and pay tax due on a quarterly basis, starting with the calendar quarter when you began operations in New York State. The tax is based on mileage traveled on New York State public highways and is computed at a rate determined by the weight of the motor vehicle and the method that you choose to report the tax. You must file a return even if no tax is due.

What are the recordkeeping requirements?

Every motor carrier subject to the tax must keep detailed daily records of the miles traveled in New York by each vehicle that has been issued a certificate of registration. The records must substantiate your actual miles traveled.

Are thruway miles taxable?

Miles traveled on the portions of the New York State Thruway that are considered toll-paid mileage are not subject to the highway use tax. You must establish Thruway travel with:

• Toll receipts or monthly invoices; or
• Other records like bridge tickets, vehicle logs, fuel receipts, etc., that establish travel on a qualified portion of the Thruway where no toll is collected but the mileage is considered toll-paid mileage (for example, one-way tolls).

What are the consequences of noncompliance?

If you do not comply with the HUT law, the NY tax department may:

• Deny you a certificate of registration to operate a motor vehicle in New York State, or
• Suspend or revoke your certificate.

Failure to comply may also subject you to criminal fines, imprisonment, or both.

Key to remember: To avoid penalties when operating in New York State, remember to register for HUT, display the proper decal, keep accurate records, and file your quarterly returns on time.

Case #1: Hidden ownership

In March this year, a Missouri logistics company applied for for-hire carrier and household goods broker operating authority but failed to disclose that one of its co-owners also owned another motor carrier.

FMCSA records showed that the other carrier had been placed out of service after repeatedly failing to submit to a new-entrant safety audit. Nevertheless, the company seeking authority answered “No” to the question about common ownership or management with other FMCSA-regulated entities, despite clear evidence to the contrary.

Under federal law (49 USC 13902(a)(1)(C)), an applicant for operating authority registration must disclose any relationship involving common ownership, management, control, or familial relationship between the applicant and any other motor carrier if the relationship occurred in the three-year period preceding the application date.

Result: The FMCSA denied the application, citing the applicant’s failure to disclose the relationship as required by law. The agency emphasized that even if only one owner is shared, the relationship must be reported if it occurred within the past three years. The applicant’s attempt to explain the omission after the fact did not sway the decision.

Case #2: Management connection

In February, a California-based company sought to reinstate its broker authority. The president of the company was also CEO of a logistics company which had been placed out of service for failing to submit to an audit, but he failed to disclose the relationship.

The applicant argued that the logistics firm had not actually operated and, furthermore, was established through a third-party service provider. The FMCSA found, however, that the relationship existed and should have been disclosed, regardless of whether the other company was active or inactive.

Result: Application denied. The FMCSA made it clear: if you have common ownership, management, control, or familial ties with another regulated entity (even if it’s inactive or never operated), you must disclose it. Failure to do so is grounds for rejection.

Avoiding the same fate

When applying for operating authority, take steps to ensure you won’t suffer the same fate.

• Disclose all relationships, no exceptions. If any owner, officer, or manager of your company has had a stake in, or managed, or has a family relationship with another FMCSA-regulated entity in the past three years, you must disclose it on your application — even if that entity is out of service, inactive, or never operated.
• Don’t assume “inactive” means “irrelevant.” The FMCSA cares about the relationship, not the activity level. If the other company had compliance issues, your application could be affected.
• Double-check before you file. Review your application with all stakeholders. Make sure every relationship is disclosed, and documentation is accurate.
• Transparency is your best defense. If you’re unsure whether a relationship counts, disclose it. The FMCSA is more likely to work with you if you’re upfront than if you omit information.
• Learn from others’ mistakes. Both cases above involved applicants who tried to explain omissions after the fact. The FMCSA’s position is clear: the time to disclose is when you apply.

Key to remember: A single missed disclosure can derail your operating authority and put your business on hold. Make full transparency a priority when completing your application.

Official definition

Under 49 CFR 171.8, a hazmat employee is defined as a person who is:

• Employed on a full-time, part-time, or temporary basis by a hazmat employer and who, in the course of such employment, directly affects hazardous materials transportation safety;
• Self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous materials in commerce;
• A railroad signalman; or
• A railroad maintenance-of-way employee.

This term includes individuals who:

• Load, unload, or handle hazardous materials;
• Design, manufacture, inspect, mark, maintain, recondition, repair, or test packaging used for hazardous materials;
• Prepare hazardous materials for transportation;
• Are responsible for the safety of transporting hazardous materials;
• Operate vehicles used to transport hazardous materials.

Basically, if your job directly affects how hazardous materials are packaged, labeled, documented, or transported, you’re likely considered a hazmat employee under PHMSA’s eyes.

Why does it matter

Being classified as a hazmat employee comes with specific responsibilities and legal requirements. PHMSA requires that all hazmat employees receive training to ensure they can safely and effectively perform their duties. This training helps prevent accidents, protect public health, and ensure compliance with federal regulations.

Real-world examples

Let’s say you work in a warehouse and occasionally load pallets of paint onto trucks. Even if you don’t drive the truck or prepare shipping papers, your role affects hazmat transportation safety. You’re a hazmat employee. Here’s another example, maybe you’re a packaging engineer who designs containers for corrosive materials. Even if you never touch the product, your work directly impacts how safely it travels. Again, you would be considered a hazmat employee.

Key to remember: PHMSA’s definition of a hazmat employee is intentionally broad to ensure that everyone involved in the hazmat transportation chain is properly trained and prepared. If your job touches hazmat in any way, it’s worth checking whether you fall under this definition and making sure your training is up to date.

A new question

The appeals court didn’t rule that the company’s actions were illegal but rather sent the case back to the circuit court to consider a new question. In its opinion, the appeals court cited the 2023 U.S. Supreme Court ruling, Muldreow v. City of St. Louis. In that case, the high court said that harm from a discriminatory employment action “need not be significant” to violate Title VII of the Civil Rights Act of 1964 (Title VII).

So, in Bilyeu, the appeals court decided the lower court should, based on Muldreow, consider whether the unpaid leave caused some (even insignificant) harm to the employee’s terms or conditions of employment because of religion. If it did cause harm, it would be considered religious discrimination under Title VII.

Examples of harm that might be caused by putting an employee on unpaid leave could include:

• Reduced income,
• Interruptions to ongoing projects, and
• Reduced connections with coworkers.

A lesson for employers

While the outcome in this case remains unknown, there is a lesson here. Employers should use caution when suggesting unpaid leave as an accommodation.

When an employee truly cannot work, using unpaid leave can be a reasonable accommodation under the Americans with Disabilities Act. However, it’s likely not a reasonable accommodation in a religious accommodation situation. In fact, unpaid leave could be viewed as an adverse employment action in a religious accommodation case.

If, for example, an employee asks to switch shifts in order to have Saturdays off to observe the Sabbath, but is instead told to take Saturdays off without pay, that might appear to a court to be an “adverse employment action” because the employee is able to work on other days.

Another example is if a manager sends an employee home without pay because the employee refuses to attend a company-sponsored prayer breakfast that conflicts with the employee’s beliefs, the employee might have grounds for a religious accommodation claim.

When an employee requests an accommodation based on religious beliefs, don’t go to “unpaid time off” as the answer, but rather look for ways for the person to “work differently,” whether that means a different shift or a different activity than the one they object to.

Key to remember: Sending an employee home without pay might cause harm to the employee and should not be the go-to response to a religious accommodation request.

Put it to the ‘ABC test’

Aside from California, New Jersey has some of the strictest independent contractor laws in the country. In fact, the state is in the midst of codifying its “ABC test” for determining independent contractor status. The proposed new rules include guidance for evaluating the three prongs of the ABC test.

All three of the following criteria must be met for a New Jersey employer to classify a worker as an independent contractor:

• (A) The individual is free from control or direction over the performance of the work;
• (B) The work is performed outside the usual course of business or outside the business’s physical location; and
• (C) The individual is engaged in an independently established trade, occupation, profession, or business.

Again, as in California which has a similar law, the “B” prong trips up employers. Here are two examples of what might or might not satisfy the “B” prong when a company wants to classify someone as an independent contractor in New Jersey:

1. Satisfies: A medical clinic hires a cleaning person (totally separate business model).
2. Doesn’t satisfy: A ride-share company hires a driver (same business model).

The bottom line is, independent contractor laws can vary by state. Some states have their own laws, while others follow the federal law.

Federal independent contractor law

The federal independent contractor law is under review and in flux at the moment. As a result, companies are waiting for more guidance from the government.

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued a press release in May saying that the agency is reviewing the 2024 Independent Contractor rule (6-part “totality-of-the-circumstances” ) that went into effect during President Biden’s term.

For now, however, WHD investigators have been instructed not to apply the 2024 rule when they’re investigating and enforcing employment matters. Instead, the WHD will look back to the 2008 Independent Contractor rule (7-part “economic realities”).

The bottom line

Whether applying state or federal laws involving employee classification and independent contractor rules, mistakes can be costly.

Companies must remember, they can’t have it both ways. They can’t simply label someone as an independent contractor without having to justify their reasoning. No matter how it’s sliced, strict rules are baked into how workers are classified.

Key to remember: Misclassifying workers as independent contractors and not employees can be a costly mistake.

1. The Snow Boot Ballet

Employees trying to dress for success are tempted to sprint across an icy parking lot in dress shoes. The result? A pirouette worthy of the Nutcracker—and a bruised ego. Winter safety means wearing shoes with good traction and channeling your inner penguin with small steps.

Pro tip: Wear proper footwear. Ice doesn’t care how stylish you are.

2. The Ladder Olympics

Use a sturdy ladder when hanging mistletoe and other decorations. Wobbly chairs, stacked boxes, or Cousin Eddie’s shoulders are great ways to end up in an ambulance rather than a sleigh. Always have a spotter and avoid overreaching from the ladder since gravity doesn’t take holidays off.

Pro tip: If your ladder is older than your holiday playlist, it might be time for a new one.

3. The Fire-Hazard Fir

If you’re going with a real tree, keep it watered. Dry trees + hot lights = a fire hazard that even Rudolph can’t outrun. As enthusiastic gift-givers, try not to create a mountain of wrapping paper so large it blocks the TV and traps the dog. The dog may be fine, but the remote may never be seen again. So, clean as you go and keep candles far away from flammables to avoid a much larger yule log than expected.

Pro tip: Use electric candles with timers and turn off lights before bed. Your tree doesn’t need to party all night any more than you do.

4. The Great Light Showdown

Before you channel your inner Clark Griswold, inspect those holiday lights before you are on the ladder. Frayed wires, cracked sockets, and rogue bulbs are fire hazards waiting to happen. And remember, lights and cords are marked for indoor versus outdoor use for a reason . Avoid mixing them up unless you want a shocking surprise to start the holidays.

Pro tip: Untangle lights with a cup of cocoa nearby. It won’t help detangle things, but it’ll make you feel better.

5. The Cookie Catastrophe

Uncle Vinny once tried to flambé the holiday ham. The ham survived; his eyebrows did not. Though holiday cooking is often a team sport, too many cooks can lead to spills, burns, and fires (okay, and some mystery ingredients). Keep flammables away from flames, pot handles turned inward, and knives sharp and safely stored.

Pro tip: Keep a fire extinguisher nearby. Food fights are fun , but grease fires are not. (Oh, and maybe leave the flambéing to the professionals.)

6. The Holiday Hydration Hiccup

The holidays are a time to relax, recharge, and reconnect. So, take frequent breaks and stay hydrated. Between the hot cocoa, festive cocktails, and bottomless mugs of coffee, it’s easy to forget that your body still needs good old-fashioned water.

Staying hydrated during the holidays helps you keep your energy up, your skin glowing (for those family photos), and your digestion on track after that third helping of stuffing. So, drink responsibly and enjoy those seasonal sips, but sneak in a glass of water between the merriment—your body will thank you.

Pro tip: Chase eggnog with water, not just cookies and see how your holiday party dance moves improve.

Key to remember: Whether you're navigating icy sidewalks, looking for your cat in the Christmas tree, or dodging that hanging mistletoe, a little caution goes a long way. So, laugh, celebrate, and stay safe because nothing ruins a holiday party faster than a trip to urgent care.

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.

The survey findings

The 2025 Small Business Employee Voice on Workplace Safety Report from Pie Insurance revealed a mix of confidence and concern among employees. Most respondents said their workplaces look safe on paper — there are rules, equipment, and training — but not everyone feels those safety measures translate into day-to-day action.

The survey polled over 1,000 employees from small businesses across a variety of industries that employ between 2-500 employees.

Here are some of the key takeaways from the survey:

• Employees notice leadership’s actions. Many workers said management talks about safety, but they want to see leaders walk the floor, take interest, and follow through when concerns come up.
• Speaking up feels risky. A noticeable number of employees said they hesitate to raise safety concerns because they don’t want to be seen as complainers or cause tension.
• Mental health matters too. Beyond physical hazards, people want to feel respected, heard, and supported when something doesn’t feel right.
• Workload plays a big role. Even with the right gear and training, employees say safety slips when they are short-handed or when deadlines push people to rush.
• Safety equals morale. Workers who feel unsafe or ignored tend to be less engaged and more stressed.

Some additional findings from the survey include:

• 67% of employees currently have safety concerns
• 32% cite mental health as their #1 safety worry
• 36% report workplace stress impacts their personal life
• 58% have witnessed workplace injuries in the past year
• 28% have never received formal workplace safety training

What employers can do

For employers, this study sends a clear message: safety isn’t just a compliance issue — it’s a culture issue. Here’s how companies can turn these insights into action:

• Lead by example. Employees notice when managers stop to check on a concern or thank someone for reporting an issue. Those moments build trust.
• Make it easy to speak up. Create open channels where workers can share feedback without fear of being brushed off. Reward honesty, not silence.
• Bring safety to life every day. Reinforce safety values through small, consistent actions that show employees you mean it. This builds trust and respect.
• Follow up and close the loop. When employees report something, tell them what’s being done about it. Even small updates show their voices matter.
• Prioritize safety even among pressures and deadlines. Make sure teams have enough time and resources to do the job right. A rushed worker is always at risk.

Why it matters

At the end of the day, remember that safety is personal. Employees want to know their company genuinely cares about their wellbeing — not just about meeting OSHA requirements. When workers feel protected and heard, they show up with more focus, more pride, and more energy.

Workplace safety isn’t just about avoiding accidents; it’s about building a culture where everyone feels valued. And according to this study, that’s what employees really want.

Key to remember: Visit Pie Insurance to review the full report on how employees truly feel about workplace safety and whether or not they believe their voice matters.

OSHA’s announcement on helmets vs. hard hats

OSHA released a Safety and Health Bulletin (SHIB 11-22-2023) on November 22, 2023, detailing the key differences and benefits of using modern safety helmets over traditional hard hats.

And just a few weeks later, in the December 11, 2023 Trade Release, the Agency announced it would now require its inspectors to wear Type II head protection, which is also commonly referred to as safety helmets.

The two main benefits of Type II safety helmets

The November 22, 2023 SHIB discussed two main benefits of choosing modern safety helmets over traditional hard hats -- the construction of materials and the use of chinstraps.

And while OSHA has recognized the benefits of Type II safety helmets, and is actively taking steps to protect its own employees, it’s important to understand that there is not a new requirement for employers to make the switch to safety helmets.

That being said, a growing number of employers have recognized the benefits of added head protection and are choosing to use Type II helmets for their workers. In addition, some clients are starting to contractually require their construction contractors to make the switch as well.

Understanding the different types of head protection

Hard hats will have a Type I or Type II rating on the manufacturer’s sticker. These markings are based on ANSI Z89.1’s impact ratings.

Type I hard hats protect from objects or impacts from the top center area of the hard hat and are often used in work areas with no lateral head impact hazards.

Type II hard hats, on the other hand, offers protection from both top and lateral impacts and objects and is often found on construction job sites or complex general industry settings where workers face multiple head contact exposures.

Hard hats are classified based on their level of voltage protection. See the chart below.

Choosing the right head protection for your employees

Employers should conduct a job hazard analysis and/or a PPE assessment to determine which style hard hat is best for their workers. In general, OSHA recommends the use of Type II safety helmets at the following locations:

1. Construction Sites: For construction sites, especially those with high risks of falling objects and debris, impacts from equipment, or slips, trips, and falls, safety helmets have enhanced impact resistance and additional features that offer superior protection compared to the components and construction of traditional hard hats.

2. Oil and Gas Industry: In these sectors where workers face multiple hazards, including potential exposure to chemicals and severe impacts, safety helmets with additional features can provide comprehensive protection.

3. Working from Heights: For tasks or jobs that involve working from heights, safety helmets offer protection of the entire head and include features that prevent the safety helmet from falling off.

4. Electrical Work: For tasks involving electrical work or proximity to electrical hazards, safety helmets with non-conductive materials (Class G and Class E) provide protection to prevent electrical shocks. However, some traditional hard hats also offer electrical protection.

5. High-Temperature Environments: In high temperatures or where there is exposure to molten materials, safety helmets with advanced heat-resistant properties can provide additional protection to workers.

Key to remember: While there isn’t a new requirement for safety helmets, employers should review their workplace hazards to determine which style of hard hat will best protect their employees.