The 150 air-mile short-haul exemptions: Widely used and widely misused

What’s the re-notification requirement?

The Resource Conservation and Recovery Act (RCRA) enables EPA to control hazardous waste from generation to disposal. The agency keeps tabs on SQGs through the re-notification regulation at 40 CFR 262.18(d). It requires SQGs to re-notify EPA or the state environmental agency of their generator status and activities every four years by submitting the:

• Notification of RCRA Subtitle C Activities, also known as the Site Identification (ID) Form (EPA Form 8700-12), or
• State-equivalent form.

How do SQGs re-notify?

Regulated SQGs must submit the Site ID Form. EPA and many states use the myRCRAid module on RCRA Information (RCRAInfo) for re-notifications.

Here’s how to submit the Site ID Form on myRCRAid:

1. Log in to RCRAInfo.
2. Click “Create New Submission” on the myRCRAid tab.
3. Select the reason for submittal as “Obtaining or updating an EPA ID number for on-going regulated activities (Items 10–17) that will continue for a period of time."
4. Review and update the information about your site as needed, including the facility’s:
   • EPA ID number,
   • Name and location address,
   • Mailing address,
   • Land type,
   • North American Industry Classification System (or NAICS) code,
   • Site contact information,
   • Legal owner/operator information,
   • Type of regulated waste activity,
   • Additional regulated waste activities, and
   • Status as:
     • An academic entity with laboratories,
     • An episodic generator,
     • A large quantity generator (LQG) consolidating very small quantity generator hazardous waste,
     • An LQG site closing a Central Accumulation Area or facility,
     • A secondary hazardous material manager, and
     • A contractor of an electronic manifest broker.
5. Include any additional information in the comments section (Item 18).
6. Click “Review.” Make any needed corrections to the information. Once this is complete, myRCRAid will display the Review Source Record page.
7. Submit the re-notification:
   • If you don’t have Certifier permission, click “Mark Ready for Signature.” The application will save the form in the “In Progress” section on myRCRAid and notify individuals at your facility with Certifier and Site Manager permissions. The status will display “Ready for Signature."
   • If you have Certifier permission, confirm that the data is correct and click “Sign & Submit” to electronically sign the submission.

Once you submit the Site ID Form, its status on myRCRAid will display “Pending.” EPA or the state regulator will approve or reject the re-notification submission.

Re-notification recommendations

Consider these tips when preparing your SQG re-notification:

• Most RCRA programs are implemented at the state level. Confirm the re-notification regulations with your state environmental agency. It may not use myRCRAid and may require more frequent submissions.
• Ensure you have the necessary RCRAInfo permissions to submit the SQG re-notification. A Preparer can enter information into the Site ID form, but only a Certifier or Site Manager with Certifier permission may sign and submit it.
• EPA accepts submission of the Site ID form at any time within the four years before the next re-notification deadline, so you can submit the re-notification before September 1. Verify with your state whether the same allowance applies.

Submitting the SQG re-notification properly keeps EPA updated and your facility compliant.

Key to remember: Small quantity generators of hazardous waste must re-notify EPA or the state agency by September 1, 2025.

Compliance considerations

Backup generators help keep businesses running, but they also impact the environment. Companies must follow air quality regulations to reduce pollution and operate safely.

Air permits

• State agencies usually oversee air permits, but The U.S. Environmental Protection Agency (EPA) has granted many county and city agencies the authority to issue them. For major permits such as New Source Review (NSR) and Title V, federal regulations apply, but state or local governments may still manage the process.

• In some areas, businesses can apply for a general permit or permit-by-rule for emergency generators. These permits are often easier to obtain and take less time to process. Checking air permitting regulations will help determine if this option is available.

• Businesses should find out if they need a pre-construction or construction air permit before setting up an emergency generator. These permits are based on the proposed equipment’s potential to emit (PTE) of criteria pollutants such as NOx, SO2, CO, and CO2 and hazardous air pollutants (HAPs) such as formaldehyde and acrolein, which are emitted during the combustion of fuel. The type(s) of fuel used in the generator, such as diesel, natural gas, gasoline, or propane, will affect the calculated PTE. Read more about construction permits in this ezExplanation: NSR Permits.

(Note: many state and local permitting agencies allow for the use of 500 hours for calculating PTE from an emergency engine, as per EPA’s 2011 Fox Memo, but some agencies still require using 8,760 hours and only accept 500 hours as an enforceable limit defined in a permit.)

• Federal law sets a limit on emergency generators, allowing less than 100 hours of non-emergency use per year. This includes maintenance and testing. Some permits may also restrict the times of day when the generator can be used for non-emergency purposes.

• The permit may require businesses to use the generator according to the manufacturer’s specifications. This is especially important if the business used manufacturer guarantees to calculate PTE.

• Businesses must track fuel use and operating hours to stay within the limits used in emissions calculations. They can do this using fuel records, fuel measuring devices, and hour meters that log the generator’s usage time.

• After getting a construction permit, a facility may need to apply for an operating permit within a year of the generator beginning operation. Some state and local agencies have stricter rules and deadlines. Check out J. J. Keller’s ezExplanation for Operating Permits: Clean Air Act: Operating Permits

EPA emission standards

The EPA enforces strict emissions regulations for stationary engines. Businesses must ensure their generators meet the New Source Performance Standards (NSPS) for compression ignition (40 CFR 60 Subpart IIII) and spark ignition internal combustion engines (ICE) (40 CFR 60 Subpart JJJJ), which can be found here. Additionally, the National Emission Standards for Hazardous Air Pollutants (NESHAP) apply to reciprocating internal combustion engines (RICE). 40 CFR 63 Subpart ZZZZ can be found here.

These rules, depending on the specific type of generator engine, will be required even if a permit is not necessary.

Other Regulations

Keep in mind that using an emergency generator may also involve other factors depending on the type and amount of fuel stored:

• Aboveground Storage Tank (AST) Requirements

• Spill Prevention Control and Countermeasure (SPCC) Plans

• EPCRA Tier II Reporting

Key to remember: When installing an emergency generator, companies must navigate complex air quality regulations to ensure compliance. By selecting the right fuel type and securing necessary permits, businesses can maintain reliable power while minimizing environmental impact.

What does the standard require?

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

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

First aid trained or first responder?

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

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

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

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

What’s considered “near proximity”?

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

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

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

Training requirements

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

Keys to remember

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

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

Infectious Diseases Rule

On January 14, 2025, the Office of Management and Budget (OMB) withdrew the Infectious Diseases proposed rulemaking from the review schedule. OSHA’s hope was that the OMB would approve the proposal in time for a January 2025 publish to the Federal Register. With the withdrawal of the rulemaking from OMB review, the future of the Infectious Disease proposed rulemaking is unclear.

COVID-19

Additionally, OSHA announced on January 15, 2025, the withdrawal of the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (ETS). However, OSHA has declared that the recordkeeping and reporting requirements, which were adopted under a separate provision of the OSH Act, would remain in effect.

This means that OSHA will not cite employers for COVID-19 recordkeeping violations under its Healthcare ETS. These regulations are specific to healthcare settings and although they remain in effect, OSHA will not enforce them until further notice.

National Emphasis Program

OSHA's COVID-19 National Emphasis Program (NEP) was also discontinued, effective January 16, 2025. The nationwide enforcement cancellation was based on updated public health guidance from the Centers for Disease Control and Prevention and the World Health Organization indicating that the COVID-19 global health emergency has ended.

These changes don’t mean there are no longer any infectious disease or COVID-19 hazards, especially for healthcare workers. Employers must still protect workers from hazards and exposures, and OSHA will continue to enforce related regulations like respiratory protection (1910.134), personal protective equipment (PPE) (Subpart I) and the general duty clause.

Key to remember: Despite the cancellation or pause of some infectious disease standards, employers must still protect workers from infectious diseases under other regulations like respiratory protection, PPE, and the general duty clause.

6 frequently asked questions

1. What should CDL/CLP drivers and employers do to get ready for these changes?

• Monitor the SDLA: Drivers and employers should check their SDLA’s transition date and procedures. All SDLAs must switch to the new system on or before June 22nd.

The FMCSA link below displays the states that have transitioned so far:

National Registry

• Follow the current process until transition: CDL/CLP drivers must keep submitting copies of each medical certificate until their SDLA tells them to stop.
• Prepare for the transition: Update internal processes and train staff in the new procedures. If more than one licensing state is involved, there may be more than one process to update driver qualification (DQ) files until all SDLAs transition.

2. What should be done after the transition date or by June 23,2025?

• Carriers: Must place motor vehicle records (MVRs) in the driver qualification (DQ) file within the required timeframe (to be determined). They no longer need to note that the certified medical examiner (CME) was on the Registry.
• CDL/CLP drivers: Must continue to self-certify their driving tier (interstate or intrastate) and whether they need to be medically certified (Excepted/Non-excepted) when they apply for a new, renewed, or upgraded CDL/CLP.
• Carriers and/or drivers: Schedule exams well before the expiration date. Enforcement must go by what is in the CDL Information System (CDLIS). If a CDL driver does not have the medical card that was just issued, the system may show their certification as expired if there is any delay in transmission and the old expiration date has passed.

3. Will clinics automatically issue medical cards to CDL/CLP drivers? What if they don’t?

On and after June 23,2025, examiners don’t have to issue CDL/CLP drivers’ medical cards unless they ask for one. It is not known if every clinic will issue medical certificates.

There is a potential 2 to 4-day gap for the information to show on the MVR.

• Examiners must enter the exam results by midnight of the day after the exam.
• The data transfer from the registry to the SDLA takes about two days.

Given the potential gap in proof of medical certification, two best practices to consider:

1. To minimize roadside inspection concerns, carriers should direct CDL/CLP drivers to ask for a medical card to carry until the new medical certification information is on their MVR.
2. The driver should give a medical certificate copy to the carrier to show they have passed the exam.

4. How long will carriers have to place an updated MVR in the DQ file?

Currently, carriers have 15 days after each exam to place a CDL MVR in the DQ file. On and after June 23rd, this time may be shorter if FMCSA changes the rule. By June 23, 2025, the MVR should reflect the current information in 2-4 days after the exam.

5. Why are procedures changing?

FMCSA published a rulemaking in 2015 that requires SDLAs to connect to NRCME, but the initiative was delayed more than once. The connection simplifies the CDL medical certification documentation process and accounts for every medical examination, even disqualifications.

6. Does this rule impact non-CDL drivers?

No. Drivers who hold non-CDL licenses will still receive a medical certificate which should not be submitted to their SDLA.

Key to remember: Carriers and drivers must understand their responsibilities in this critical transition to avoid CDL driver medical qualification issues.

Two-part assessment

The policy advises officers to begin all roadside inspections in English. If it seems the driver may not understand the officer’s initial instructions, the officer is directed to conduct a two-part assessment to evaluate the driver’s compliance with the English language standard.

The first step is a driver interview, though details of the interview process were redacted from the public version of the policy. The policy says drivers should not use tools to facilitate communication during the interview, such as interpreters or smart-phone applications.

The policy directs officers to cite drivers for a violation if they cannot pass the interview portion of the assessment.

Step two in the assessment is evaluating whether the driver can recognize common highway traffic signs. The policy contains images of signs officers can use for this part of the test, but those too are redacted from the public version of the policy.

‘Out of service’ as of June 25

If a driver fails the test, the policy says the officer should:

1. Cite the driver for a violation of 391.11(b)(2);
2. Document evidence to support the violation, including the driver’s responses or lack thereof;
3. Beginning June 25, place the driver out of service (June 25 is when the violation will be added to the North American Standard Out-of-Service Criteria, as previously announced by the Commercial Vehicle Safety Alliance); and
4. When warranted, initiate an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.

Drivers who are placed out of service won’t be allowed to drive until they can meet the English language requirements.

The policy applies to all federal enforcement personnel who perform inspections on drivers engaged in interstate commerce. Its effect on state-level enforcement remains unclear for now.

According to the policy, drivers in a commercial zone along the U.S.-Mexico border may be cited but should not be placed out of service.

The regulation

The Federal Motor Carrier Safety Regulations state that commercial drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

The new policy replaces a 2016 policy that ordered inspectors not to place drivers out of service for violating the language requirement.

What is a split specimen?

When a driver gives a urine sample for the purposes of DOT drug testing, the collector will split the specimen into two separate containers. The container labeled as the primary specimen will be tested by the lab; the container labeled as the secondary specimen is only tested if the driver requests that it be tested after the primary specimen is verified as positive, adulterated, or substituted.

How does a driver request that the split specimen be tested?

When the medical review officer (MRO) contacts the driver about a verified positive, adulterated, or substituted test, the MRO will inform the driver of the driver’s right to have the split specimen tested. The driver then has 72 hours from the time of notification to request via the MRO that the split specimen be tested.

What happens while the split specimen is being tested?

Because the driver’s primary specimen was verified positive, adulterated, or substituted, the motor carrier should have already pulled the driver from performing safety-sensitive functions. The driver cannot resume driving while the split specimen is being tested. Whether the driver is reassigned to a non-driving position or is suspended depends on the motor carrier’s drug and alcohol policy.

Who pays for the split specimen to be tested?

The regulations specify that the carrier cannot delay lab testing in order to collect payment from the driver. The secondary specimen should be submitted for testing as soon as the driver requests it, and motor carrier will be billed through the carrier’s lab account. In some cases, the motor carrier can seek reimbursement from the driver for full or partial costs of the split-specimen test.

Is the drug violation reported to the Drug and Alcohol Clearinghouse right away, or does the MRO wait for the results of the test on the secondary sample?

The MRO will report the positive, adulterated, or substituted drug test result to the Drug and Alcohol Clearinghouse within two business days of verifying the result for the primary specimen. Once the MRO receives the lab results for the secondary sample, one of three things happens:

1. The secondary test result reconfirms the primary test result. The violation stands and remains in the Clearinghouse.
2. The test of the secondary sample fails to reconfirm any of the original findings. The test will be canceled, and the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results.
3. The test of the split specimen does not reconfirm the original result but identifies something suspicious in the secondary sample. The regulations in 40.187 spell out a variety of situations that require the driver to be tested again, such as if the secondary sample is invalid or if part of the original result is reconfirmed but the sample also tests as substituted or adulterated. If any of these complex scenarios applies, the MRO will direct the carrier’s designated employer representative (DER) to immediately send the driver for another collection under direct observation. If that test result is negative and is not adulterated or substituted, the MRO will change the result in the Clearinghouse within one business day of receiving the secondary test results. Otherwise, the violation will stand and remain in the Clearinghouse.

Key to remember: Dividing a urine specimen into two samples allows for a driver to request that the secondary sample be tested if the first specimen indicates drug use. This is an important part of the driver’s right to due process.

What qualifies as MOT

To use the MOT exception, the hazardous materials you transport must meet specific criteria outlined in the regulations. A "material of trade" refers to hazardous materials that are transported by a private motor carrier in direct support of its primary business activities. These materials are not offered for sale or distribution but are instead used by the operator or business for operational purposes.

According to the DOT, a hazardous material qualifies as a MOT if it is:

• Used to protect the health or safety of the driver or passengers, such as insect repellents, first aid chemicals, or breathing apparatus.
• Necessary for the maintenance of the vehicle or its equipment, including items like fuel, lubricants, or spare batteries.
• Directly related to the operator’s business activities, such as tools and supplies used in construction, landscaping, pest control, or similar trades.

What you won't have to do

When these conditions are met, the MOT exception allows for relief from many of the requirements listed in the hazardous materials regulations. Specifically, materials transported under this exception are not subject to the following requirements:

• Hazmat shipping papers
• Emergency response information
• Vehicle placarding
• Formal hazmat training

This exception is especially valuable for small businesses and field crews, such as those in the construction industry, who frequently need to transport smaller quantities of hazmat like adhesives, paints, solvents, fuels, and compressed gases to job sites. By using the MOT exception, these businesses can operate more efficiently while still maintaining safety and compliance.

Quantity and packaging limits apply

The MOT exception does have strict limits on the type and amount of hazmat that can be transported, which includes:

• Class 3, 8, 9 and Division 4.1, 5.1, 5.2, or 6.1 materials:
  • 1 lb. or 1 pint for Packing Group I;
  • 66 lbs. or 8 gallons per container for Packing Group II or III; and
  • 400 gallons of a diluted mixture, not exceeding 2% concentration for Class 9.

• Division 2.1 or 2.2 gases: Cylinders not exceeding 220 lbs.
• Division 4.3 materials: Limited to 1 ounce per container for Packing Group II or III.

When transporting multiple MOT together, the total weight of all MOT cannot exceed 440 pounds per vehicle. In addition, all materials must be properly marked, labeled, and secured in the vehicle.

Key to remember: The MOT exception provides a practical and efficient way for construction companies to transport smaller quantities of hazardous materials without the full burden of hazmat regulations.

The intent of the standard

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

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

License and certification Q&A

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

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

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

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

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

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

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

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

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

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

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

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

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

Operator Impairments

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

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

Keys to Remember

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

The story

In 2023, to explore reasons for low morale, Christopher, a police officer, voluntarily conducted a wage survey of area law enforcement agencies. The survey showed that members of the city’s police department were paid less than those of other local law enforcement agencies. He presented the findings to Chief Kuth on October 31, 2023.

On November 17, Chief Kuth reassigned Christopher from his day-shift position as a detective to a night-shift position as a patrol officer.

On an unrelated note, on November 29, Christopher emailed his supervisor, with the HR director copied, to tell them that “in the next couple of months” he would need to receive treatment for a recurrence of cancer. In that email, Christopher recalled that when he went through a similar treatment several years earlier, he “didn’t miss much work then” and that he was “hoping for something similar” this time as well.

The HR director responded with FMLA paperwork attached, explaining, “I understand you don’t anticipate missing much work, but this is still an FMLA qualifying event.”

Chief Kuth fired Christopher 14 days later, on December 13.

Christopher sued, and the employer asked the court to dismiss the case.

The case and the findings

In court, the employer put forth two arguments:

• Christopher never provided proper notice of his need for FMLA benefits.
• It fired Christopher for legitimate reasons unrelated to his health issues.

Christopher had provided adequate notice of the need for leave. Chief Kuth argued that when he fired Christopher, he wasn’t aware of Christopher’s potential need for medical leave, so the leave had nothing to do with the termination.

Christopher’s supervisor, however, testified that he was “sure” that he told Chief Kuth that Christopher was planning to take medical leave, though he couldn’t recall when.

The employer also gave shifting explanations of why it fired Christopher.

Chief Kuth said that he fired Christopher for “insubordination” because Christopher “was saying that I was lying about not supporting [line officers] or helping them with wages.”

The police department, however, told the Arkansas Division on Law Enforcement Standards and Training that Christopher was “terminated for non-disciplinary reasons.”

Also, the employer policy required investigations into allegations of employee misconduct before taking disciplinary measures, and had investigative procedures that leaders had to follow.

But Chief Kuth never had any discussion with Christopher about the reason for his firing, and the chief never conducted any investigation into the allegations that Christopher called him a “liar” before firing him.

Therefore, the court did not dismiss the case as the employer had wanted. Instead, the court allowed it to proceed to a trial.

Collins v. City of Lowell, Arkansas, Western District of Arkansas, No. 5:24-CV-5122, May 1, 2025.

Key to remember: Employers may fire employees for legitimate reasons that don’t have to do with a request or taking of FMLA leave, but they need to be able to show what those reasons are. Otherwise, a termination can look like retaliation.

Termination challenges

During the interactive portion of the event, J. J. Keller invited the HR professionals in attendance — some with decades of HR experience — to share stories about terminations they’ve handled, as well as any related questions.

Participants mentioned the risk of wrongful termination claims being filed when employees over age 40 must be let go, or when firing someone who has filed a workers’ compensation claim or requested Family and Medical Leave Act leave. The consensus was that these tricky situations required thorough documentation showing that the terminations were based on poor performance or improper conduct.

“You can’t show favoritism,” said an attendee. “If you discipline one employee for something, you have to discipline all employees who have the same performance or conduct issues.”

What has worked

Because terminations often involve sticky issues, one attendee suggested all managers be encouraged to bring in HR sooner rather than later during the discipline process. Another tip shared was to be sure all employees (including frontline supervisors) are trained in company policies and procedures, and that policies and procedures are implemented consistently.

3 keys to smoother terminations

Avoiding termination troubles was summed up by virtual conference attendees in three words:

1. Consistency. Policies must be enforced equally for all employees.
2. Respect. Employees should be treated with respect throughout the disciplinary process.
3. Documentation. Performance records, disciplinary measures that have been implemented, and conduct issues must be thoroughly documented to mitigate the risk of wrongful termination claims.

Key to remember: Virtual conference attendees came away with the message that they are not alone when it comes to termination challenges, but that through respect, consistency, and documentation, they can reduce the risks involved when an employee must be let go.

Eligibility criteria

To be eligible to take FMLA leave, employees must meet all three of the following criteria:

• They must have worked for the employer for at least 12 months,
• They must have worked at least 1,250 hours during the 12 months immediately before the leave will begin (or has begun), and
• They must work at a worksite with 50 or more company employees within 75 miles of that worksite.

12 months

The 12 months an employee must have worked for the company don’t have to be consecutive months. Employers don’t, however, have to count the time employees worked before a break in employment of seven years or more.

Employers will, however, include time worked before a break in employment if it involved:

• Military leave under the federal Uniformed Services Employment and Reemployment Rights Act, or
• A written agreement, including a collective bargaining agreement, concerning the employer's intention to rehire the employee after the break in service.

1,250 hours

The 1,250 hours worked include only hours actually worked. Employers don’t have to include time employees did not work, such as vacation, paid time off, sick leave, or FMLA leave.

For this, it helps to have a record of how many hours the employee worked. Employers have the burden of showing that an employee didn’t work enough hours if they want to deny an employee’s eligibility on this criterion.

Employers must determine whether an employee has worked the 1,250 hours and has been employed by the employer for a total of at least 12 months as of the date the FMLA leave is to start, not when the employee requests FMLA leave.

50 employees within 75 miles

For employees with no fixed worksite, such as construction workers, transportation workers, salespersons, and so on, or those who work from their private homes, under the FMLA, their worksite is the site:

• To which they are assigned as their home base,
• From which their work is assigned, or
• To which they report.

Unlike the 12 months and 1,250 hours worked eligibility criteria, employers must determine whether 50 company employees work within 75 miles when the employee gives notice of the need for leave.

Key to remember: Employees have to meet certain eligibility criteria before they can take FMLA leave.

#1 Start here

First, OSHA requires that all operators must be trained prior to being allowed to operate forklifts. And the same thing goes for pallet trucks, order pickers, and stand-up units…. Any powered type of material handling equipment requires training.

But what does training entail? Well, the OSHA regulations are very specific. All operators must receive a combination of training. Training must consist of formal training, which is a lecture, discussion, interactive computer learning, video tape, written material, and so on.

They must also receive practical training, which means demonstrations performed by the trainer and practical exercises performed by the trainee.

And the third component is that operators must receive a performance evaluation. So, they must operate the equipment and be observed and evaluated before being considered trained per the OSHA standard.

Usually, you’ll introduce the concepts during the classroom portion of training, the more informational aspects, such as the OSHA requirements. Then you’ll use the practical part of training to familiarize trainees with controls, talk about load handling, and so on. With the practical part, it’s usually best to ramp up the training, meaning start with simple skills and then build on those.

#2 Train on these topics

Aside from requirements for how to do the training, OSHA gives us a detailed list of topics to cover during the training.

The main categories are truck-related and workplace-related topics. And remember that OSHA does require you to include information on OSHA’s forklift standard as part of the training program. This requirement can be easy to overlook, but a good way to approach it is in the classroom portion of the program.

Keep in mind that if a topic doesn’t apply to your trucks or workplace, you don’t have to train on it. For example, if you don’t have any ramps or hazardous (classified) locations in your facility, your forklift operators don’t need training on these topics.

Truck-related topics include the following:

• Operation instruction, warnings
• Differences between forklift and automobile
• Controls, instrumentation
• Engine, motor operation
• Steering
• Visibility, restrictions
• Fork, attachment operation
• Capacity
• Stability
• Inspection, maintenance
• Refueling, recharging
• Operating limitations
• Operator’s manual instructions, precautions

Workplace-related topics are examples like these:

• Surfaces
• Load composition
• Load handling
• Pedestrians
• Narrow, restricted areas
• Hazardous (classified) locations
• Ramps
• Poor ventilation
• Other hazards

#3 Determine success

The trainees must successfully complete the formal and practical instruction, but how you determine success is up to you. For the classroom portion, you could give a written or oral test or otherwise evaluate the trainees’ knowledge. For the practical training, the trainee must be able to safely perform all the operations used on the job.

#4 End here

An evaluation of the operator’s performance in the workplace must be conducted at the time of initial training. And an evaluation is required to determine the effectiveness of any refresher training.

Also, you must conduct an evaluation at least every three years. This means that at least once every three years every operator must be observed while they operate in the workplace under actual workplace conditions. During the evaluation, the operator must also be able to answer pertinent questions to demonstrate they have the knowledge to operate the forklift safely.

A key point to note here, this evaluation must be more than just a written or verbal test. The employer must observe the operator in action performing all typical tasks related to running the forklift. And, going back to where we started, the evaluation must be conducted by someone who has the knowledge, training, and experience to evaluate the truck operator’s competence.

Document the evaluation — this means placing a record in your training file that includes the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.

Action item

This may be a good time for you to review your options for training forklift operators to ensure they’re meeting these guidelines. And, it’s always a great idea to have all your training procedures in written format for consistency.

Key to remember

Training forklift operators is an OSHA requirement. Follow this step-by-step guide and you can do it in-house.

A late Senator Kennedy legacy

You could call the bill the “Kennedy Amendment.” The PAWA goes back to April 29, 2004. That’s when Senator Edward “Ted” Kennedy (D-MA) introduced it. Back then, the lawmaker acknowledged that it would be an “uphill battle” to get the bill through Congress. It’s unclear if he sensed it would take over 20 years, but he said he was committed to the fight. The Senator reintroduced or cosponsored the bill in 2005, 2007, and just days before he died in 2009.

When introducing the bill, Kennedy explained, “I’m committed to fighting for people like Jeff Walters, whose son Patrick was killed when a trench collapsed on him ... His employer was known to be violating critical safety rules. We will fight for people like Ron Hayes, whose son Patrick suffocated in a grain elevator … We intend to do everything we can to keep other working families from that grief.”

Kennedy argued, “These deaths and injuries aren’t accidents, they’re crimes, and it’s time we started treating them like crimes.” In fact, the Senator pressed, “Every year, over five thousand workers are killed and nearly five million others become ill or are injured on the job … Too many companies … blatantly ignore the law, but they never go to jail—even when their actions or lack of action kill loyal employees who work for them … Employers who violate safety laws again and again … treat [OSHA fines] as just another cost of doing business. We cannot let these shameful practices continue.”

Representative Courtney carries the torch

The PAWA has been bolstered and reintroduced with every Congressional session since Kennedy. House Representative Joe Courtney (D-CT) just floated the bill as H.R. 3036. The Congressmember shared: “Fifteen years ago, an explosion at an energy plant in Connecticut left six workers dead and dozens injured. Some of the workers who died were my friends, and I watched as their families fought for justice and accountability for years afterwards. Their story, and the horrifying reality that … workers die each day as a result of hazards faced at work, is why I am a champion for the Protecting America’s Workers Act.”

A fact sheet from Courtney claims that the Bureau of Labor Statistics estimates that 5,283 workers were killed on the job in 2023, and nearly 3.2 million workers suffered on-the-job injuries or illnesses.

What’s in the latest bill?

H.R. 3036, if passed, would:

It’s a safe bet that the PAWA will continue to be reshaped and reintroduced until signed into law.

Key to remember

The PAWA was reintroduced to expand coverage to public workers, increase penalties, and otherwise strengthen the OSH Act.

What regulations apply?

OSHA 29 CFR 1926.21 for construction operations, says: “In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding the potential hazards, and how to avoid injury, and the first aid procedures to be used in the event of injury.”

Although there’s no similar general industry regulation for outdoor settings, workers should be trained on this recognized, serious hazard, too.

Insects

OSHA has no specific elements that must be covered when training on insect-related hazards. However, you may wish to share best practices when your crew is working in areas where ticks, spiders, bees, hornets, wasps, fire ants, and other insects may be present:

• Wear long pants, socks, and long-sleeved shirts, and tuck pants into boots or socks.
• Avoid wearing bright-colored clothing.
• Avoid swatting a flying insect. Instead, gently brush it aside or wait for it to go away.
• Use insect repellents according to product instructions.
• Avoid wearing sweet-smelling colognes and deodorants.
• Avoid eating in areas where insects are gathering.
• Check skin and clothing for ticks daily and remove ticks using fine-tipped tweezers.
• Remove a stinger by scraping it. Wash the affected area with soap and water or an antiseptic towelette. Do not scratch a sting.
• Treat bites/stings by evaluating the affected area and applying cold water or ice for pain. If not allergic, over-the-counter products may relieve pain and/or prevent infection.
• Seek prompt medical attention if new, severe, or persistent symptoms are experienced after a bite/sting. These may include swelling and pain at the bite/sting site, body/muscle aches, fever, headaches, fatigue, joint pain, rash, stiff neck, and/or paralysis.

Rodents and other animals

Bites and scratches from wild animals can cause injury and spread germs, even if the wound doesn’t seem deep or serious. Have your workers:

• Avoid contact with rodents or rodent-infested areas. If this isn’t possible, wear protective gloves and wash hands regularly.
• Avoid contact with wild or stray animals.
• Wash scratches or bites with warm soapy water immediately. Bandage the wound. Seek medical attention if the wound is serious; the animal looks sick or acts unusual; or if the wound becomes red, painful, warm, or swollen.

Plants

Plants like poison ivy, poison oak, and sumac have poisonous sap in their roots, stems, leaves, and fruit. If the stems or leaves are damaged, the sap may get on the skin through direct contact with the plant or by contaminated objects such as clothing, shoes, tools, and animals. Signs of an allergic reaction include itching, redness, a burning sensation, swelling, blisterings, and/or a rash.

To combat these plants on the job, share images of poisonous plants workers may be exposed to. Also, urge your workers to:

• Wear cloth or leather gloves, long-sleeved shirts, and long pants tucked into boots.
• Apply barrier cream/lotion to uncovered skin.
• Keep rubbing alcohol accessible to remove the oily resin up to 30 minutes after exposure.
• Wash an exposed area with cold running water if a worker has possible contact with a poisonous plant. Do not use soap since it may spread the oil.
• Wash contaminated clothing, handling it as little as possible until it’s soaked.
• If a rash develops, avoid scratching the area.

Snakes

Venomous snakes in the U.S. include rattlesnakes, coral snakes, cottonmouths/water moccasins, and copperheads. Workers should understand their exposure risk, how to prevent and protect themselves from snake bites, and what to do if they’re bitten. Share images of the types of snake(s) in your area, so workers understand how to spot a venomous snake. Safety tips include:

• Watching for snakes sunning themselves on fallen trees, limbs, or pathways.
• Wearing heavy gloves when removing debris and, if possible, not placing fingers under debris when moving it.
• Wearing leather boots at least 10 inches high.
• Stepping back and allowing a snake to move away. Snakes bite only when they feel threatened or trapped.
• If bitten, allowing the bite to bleed for 15 to 30 seconds. Clean and disinfect the area. Seek medical attention.

Key to remember: Outdoor workers exposed to plants and animals should be trained in hazard recognition, how to protect themselves, and what first aid measures to use. Construction workers must have that training when harmful plants or animals are present.

An example of half-truths

Let’s take our first aid program for example. When using a free AI tool, I asked it, “What are OSHA’s first aid program requirements?” and only got partial truths that could have resulted in compliance issues and potential citations.

AI advised that, “OSHA doesn’t have a specific “First Aid Program” standard, but their regulations do require employees to provide prompt medical attention under the General Duty Clause of the Occupational Safety and Health Act of 1970.”

Sure, this is partially true that the standard isn’t called a “First Aid Program” and there is a General Duty Clause. However, there is, in fact, an applicable Medical Services and First Aid standard at 29 CFR 1910.151 that this particular search didn’t identify.

Without putting in the proper manual (human) effort of verifying the information, I could have been led astray and missed a lot of key regulatory requirements that are necessary.

Putting in that extra bit of effort

AI can be incredibly helpful, but it’s not human. It can’t replace the experience and decision-making process we humans provide. The information or analytics put out is completely dependent not only on what information is initially put in (by humans), but also on how we develop the prompts telling AI what to look for.

For the above example, by changing my prompt from “what are OSHA’s first aid requirements” to “OSHA first aid standard,” I was finally provided information on 1910.151 that includes:

• "1910.151(a) - The employer shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health.
• 1910.151(b) - In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.
• 1910.151(c) - Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.”

When you see the word “shall” in any standard, the employer doesn’t have a choice — it must be done and if not, could be cited. So, without putting in the extra effort to do more AI searching and regulatory comparison, I may have missed these requirements, costing the company money in non-compliance, but more concerning, potentially causing serious injury to an employee.

Keep AI in check

To avoid First Aid and other program citations, we must keep AI in check by doing our homework to ensure the information is accurate. This can be done in various ways:

• Search using multiple AI tools and cross-reference the information;
• Compare information kicked out by AI with actual regulatory standards;
• Double check with the Federal Register to ensure the most up to date information is provided in the results; and
• Evaluate if information hasn’t been manipulated by potential hackers or other nefarious characters.

Keys to remember: AI output is only as good as the human-entered information it is searching and interpreting. Users must verify regulatory information to avoid potential citations for program non-compliance.

What Are Leading Safety Indicators?

According to OSHA, leading indicators are proactive, preventive, and predictive measures that help you gauge how well your safety and health programs are working. In simpler terms, they’re the actions and behaviors that can help prevent injuries or illnesses before they happen. This is different from lagging indicators, which only track incidents after they’ve already occurred — when someone has already been hurt.

Common examples of leading indicators include:

• Near-miss reports: Reporting incidents that could have caused harm but luckily didn’t’.
• Safety observations: Identifying and actively reporting unsafe conditions or behaviors.
• Participation in safety training: Attending and engaging in safety-related education.
• Toolbox talks and safety meetings: Participating in regular discussions about safety topics.
• Preventative inspections and audits: Conducting routine checks of equipment and workspaces.
• Corrective actions taken: Mitigating recognized hazards before they result in harm.
• Employee safety suggestions: Contributing ideas for improvement.

How can gaming help promote the use of leading indicators?

The term gamification involves applying game design concepts — like points, levels, challenges, and rewards — to non-game situations. In the workplace, this means upgrading routine safety tasks into interactive experiences that motivate employees to participate actively. The key is to make safety behaviors visible, measurable, and rewarding.

While OSHA does not explicitly endorse gamification, the Agency does emphasize the importance of worker participation and engagement in safety programs. Gaming concepts can be a powerful tool to increase that engagement. By making safety activities more interactive and rewarding, gamifying aligns with OSHA’s goal of fostering a proactive safety culture.

Here’s how safety managers can gamify leading indicators:

• Points and rewards: Assign points for each leading indicator action like submitting a near-miss report or attending a safety meeting. Points can be exchanged for rewards or recognition.
• Challenges and quests: Create weekly or monthly safety challenges. For example, challenge teams to complete five safety observations or conduct a peer-to-peer safety check.
• Leaderboards and badges: Track and display progress publicly. Recognize top contributors with digital badges. You can even come up with fun titles, such as “safety superstar of the month.”
• Progression and levels: Develop a tiered system where employees can “level up” by consistently engaging or actively participating in safety activities, moving from novice level to expert level.
• Feedback loops: Provide immediate feedback when safety actions are taken including acknowledging contributions with positive recognition including thank you messages or progress updates.

Key to remember: Gamifying safety is not just about having fun; it’s about making safety initiatives more engaging and meaningful. When done right, it turns routine compliance into active involvement.