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

What is used oil?

The EPA defines used oil as any petroleum-based or synthetic oil that has been used and is contaminated by physical or chemical impurities. Common sources of used oil in industrial operations include:

• Motor oil and lubricants from vehicle maintenance
• Hydraulic fluids used in heavy machinery
• Metalworking fluids and coolants
• Compressor oils used in air compression systems

According to EPA regulations (40 CFR Part 279), used oil is presumed to be managed under the less stringent used oil management standards unless it meets hazardous waste criteria.

Used oil becomes hazardous waste if:

• It is mixed with hazardous waste (e.g., solvents or heavy metals)
• It contains more than 1,000 parts per million (ppm) of total halogens, unless proven otherwise, or
• It is disposed of improperly, leading to environmental contamination.

If used oil is classified as hazardous waste, it must be managed in accordance with the applicable solid and hazardous waste requirements.

EPA requirements for used oil disposal

The EPA requirements for used oil consist of three different aspects, as outlined below.

1. Storage Requirements

Use leak-proof tanks and containers made of durable, non-earthen materials (e.g., steel, plastic, or concrete). Label all used oil containers with the words "Used Oil" to prevent misidentification. Prevent leaks and spills by using secondary containment systems and regularly inspecting tanks. Never mix used oil with hazardous waste unless authorized.

2. Transportation and Disposal

Used oil generators may transport up to 55 gallons of used oil to a registered collection center without an EPA ID number. If contracting a used oil transporter, ensure they have an EPA Identification Number.

Used oil must be:

• Recycled or re-refined into new oil.
• Burned for energy recovery in approved furnaces or boilers.
• Disposed of at an authorized hazardous waste facility if deemed hazardous.

3. Spill Prevention and Cleanup

Facilities storing large amounts of used oil must have a Spill Prevention, Control, and Countermeasure (SPCC) Plan. SPCC plans establish procedures, methods, and equipment requirements to prevent oil from reaching waterways, and to contain discharges of oil.

Any spills must be cleaned up immediately, and absorbent materials must be disposed of properly. Rags and shop towels contaminated with hazardous materials may be classified as hazardous waste.

OSHA regulations for handling used oil

While the EPA focuses on environmental compliance, OSHA (29 CFR Part 1910) regulates worker safety when handling used oil. Key OSHA requirements include:

1. Personal Protective Equipment (PPE)

Workers handling used oil must wear gloves and protective clothing to prevent skin exposure. Safety goggles or face shields are also important to avoid eye contact.

2. Hazard communication (HazCom) program

Employers must label all used oil containers with appropriate hazard information and train employees on safe handling procedures and emergency response.

3. Fire and Explosion Safety

Always store used oil away from ignition sources to prevent fire hazards. Ensure storage areas are ventilated to avoid vapor buildup.

State-Specific used oil disposal regulations

Many states have stricter used oil regulations than federal laws. For example:

• California classifies used oil as hazardous waste unless it meets specific recycling criteria.
• Texas requires additional storage permits for large generators.
• New York mandates annual reporting on used oil disposal activities.

To ensure compliance, check with your state’s environmental agency for state-specific used oil disposal rules and whether used oil is considered hazardous. Additional permits for transporting or processing used oil may be necessary.

Staying compliant with used oil disposal requirements

Ensuring compliance with EPA, OSHA, and state laws is essential for safety managers and shop supervisors handling used oil. By following proper storage, transportation, and disposal practices, businesses can reduce environmental risks, improve workplace safety, and avoid costly fines.

Key to remember: By staying informed and proactive, your facility can maintain safe, sustainable, and compliant used oil management practices.

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.

What happened?

Originally intended for construction waste disposal, the site eventually turned into a dumping ground for hazardous industrial materials. Investigations found plastics, asbestos, industrial chemicals, and carcinogenic substances illegally dumped, creating an environmental and public health hazard. These materials fuel fires, continuously releasing toxic smoke into the air. Residents have reported respiratory problems, skin irritation, and other health issues while authorities struggle to contain the situation. Even though this incident occurred in London, we can learn plenty of valuable lessons from it. Here’s how employers can take proactive measures to ensure compliance, protect workers, and prevent environmental harm.

1. Implement a robust hazardous waste management plan

A hazardous waste management plan should:

• Include waste classifications (reactive, corrosive, etc.) and an inventory of all hazardous materials used and generated;
• Ensure all storage and handling procedures, including labeling, segregation of incompatible waste, spill prevention, and containment measures, are followed;
• Document all waste accumulation and disposal methods, specifying the storage time limits for waste and the methods used for its disposal, such as incineration, recycling, or third-party handling; and
• Provide information on personal protective equipment (PPE) requirements, emergency contact information, reporting procedures, and an evacuation plan in case of a spill.

2. Train employees on hazardous waste handling

Train personnel on their roles and responsibilities when handling hazardous waste. Training should include:

• Initial and refresher training that complies with the Resource Conservation and Recovery Act (RCRA) and state laws,
• Identifying unsafe practices and reporting potential violations.

3. Conduct routine inspections and audits

• Perform internal audits to ensure compliance with RCRA regulations.
• Schedule third-party audits to identify risks and areas of improvement.
• Create a corrective action plan for any violations or inefficiencies discovered during audits.

4. Use licensed and certified waste disposal services

The primary reason behind illegal waste dumping is financial. We all know it is not cheap to dispose of hazardous waste, but waste generators are responsible for their waste from “cradle to grave.”

• Conduct due diligence to verify disposal methods to prevent third-party illegal dumping.
• Maintain records of manifest, disposal certificate, and compliance documentation.

5. Secure and label waste properly

• Labels should include “hazardous waste” clearly visible on the container, generator information, accumulation start date, proper shipping name, and waste identification.
• Store hazardous waste in compatible containers to prevent leaks or spills.

6. Reduce hazardous waste by using safer alternatives

One of the most effective ways to prevent hazardous waste incidents is to reduce reliance on them in the first place. By switching to safer alternatives, employers can lower their risk of exposure. Industries now offer eco-friendly coatings, adhesives, and cleaning agents that perform well without all the side effects. Safer alternatives also reduce compliance costs by lowering the burdens for hazardous waste disposal.

The disaster in London is a stark reminder of the consequences of negligent hazardous waste management. Businesses that cut corners on waste disposal risk legal penalties and contribute to long-term environmental and public health damage.  

Keys to remember: Employers can protect their workforce, comply with regulations, and prevent environmental disasters by adopting proactive waste management strategies.

Popular industries for workplace violence

To prevent workplace violence, employers must first evaluate if their industry or occupation is one that is more susceptible to violent incidents. The most common industries for workplace violence include:

• Retail and sales
• Transportation and material moving
• Management and human resources
• Construction
• Manufacturing and production
• Education

Some factors at play in this susceptibility include lone or few workers, location, and stress of the job. Regardless of the industry, employers also must understand, and remain alert to, indicators or risk factors that could lead to workplace violence.

Indicators of workplace violence

Although not every risk factor or indicator can be foreseen, many continue to resurface with each workplace attack. These include:

• Unresolved grievances that simmer over time;
• Recent discipline or firing;
• Threats, harassment, or intimidation;
• Angry, belligerent, or insubordinate behaviors;
• Known alcohol or drug use;
• Idolization or fixation on violent incidents or attacks;
• Overreaction to negative feedback or blowing comments out of proportion;
• Depression, mental illness, or relational stressors (divorce, financial, health, etc.);
• Abnormal or paranoid behavior;
• Differing political, religious, or social status perceptions or beliefs; or
• Written, verbal, or social media statements indicating any of the above.

What can employers do?

Preventing workplace violence requires employers to educate, investigate, and remediate. Employers need to educate themselves and their employees about varying personalities, backgrounds, and belief systems among workers. Employers also must teach employees methods to collaboratively handle conflict and stress, so anger and tensions don’t escalate. Encouraging diverse understanding, teamwork, and cooperation can also diffuse mounting tensions.

Employers must emphasize the need for immediate reporting of harassment, bullying, threats, and simmering grievances so action can be taken to circumvent violence. Fully investigating all reports, even seemingly “insignificant” incidents, is essential for determining the best methods of resolving workplace conflict. Employers should also be aware of their own responses to workplace differences and ensure they are demonstrating the behavior they expect from workers.

Resolving conflict and stress is likely to be an ongoing process. Workplace disagreements are unavoidable when imperfect humans with varying life experiences and opinions are intertwined. But that doesn’t mean conflict can’t be controlled.

• Communication. Because many conflicts result from misunderstandings, poor information, or no information at all, communication is key. Listening without distraction, and repeating information to ensure clear and accurate information will help prevent conflict.
• Training and counseling. Not every employee has had the luxury of attending a Dale Carnegie course on winning friends and influencing people. So, take time to train employees to identify and understand others’ differences, natural tensions, and how to handle conflict in a productive manner. Counsel workers on when to pick their battles or how to use conflict as a team-building or professional growth opportunity.
• Developing workplace policies and security procedures. Defining and documenting expected behavior will also help de-escalate conflicts. Employees who understand what is expected of them and know the consequences of their actions will be more apt to work through their differences than to lash out.

Keys to remember

Most violent workplace incidents are preceded by warning signs. Employers and employees must be focused on the warning signs so situations can be handled proactively and respectfully. Education regarding workplace violence and conflict management, as well as early reporting and investigation of tensions can help diffuse conflict and avoid violence.

Proposed legislation

Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.

Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.

This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.

Your restroom availability affects their health

Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.

The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.

Keys to remember

The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.

1. Medical card expiration dates

On April 1, 2025, new versions of commercial driver medical cards and physical exam forms were posted by the Federal Motor Carrier Safety Administration (FMCSA) on its website.

The Medical Examination Report (MER) MCSA-5875, also called the "Long Form," and the Medical Examiner’s Certification (MCSA-5876), or the "Fed Med" card, were approved by the Office of Management and Budget on March 27, 2025. However, they were not available on the FMCSA website until April 1, 2025.

The changes include only the new expiration date of March 31, 2028, and a revision date of March 27, 2025. FMCSA expects medical examiners to start using the new forms as soon as possible, but they can still use their old forms with the 3/31/2025 expiration date until they run out.

• The catch is that states are encouraged by FMCSA, not required, to accept these cards dated 3/31/2025 from Commercial Driver's License (CDL) drivers but most do.

2. Over 15,000 driver exams falsified

The FMCSA voided over 15,000 unexpired Medical Examiner Certificates, issued by two certified medical examiners who are chiropractors in the Houston area, between March 2023 and March 2025. The 15,225 drivers impacted may still operate a commercial vehicle, but they must obtain a new certificate from a different medical examiner listed on the National Registry of Certified Medical Examiners (NRCME) by May 10, 2025.

Drivers who don’t obtain new certificates by May 10 will have their CDL downgraded, which means they won't be able to compliantly operate a commercial vehicle.

3. CDL driver medical certification integration

A third important update affects CDL drivers only. By June 23, 2025, all State Driver Licensing Agencies (SDLAs) must be connected to the NRCME. This system is where examiners enter medical certification information after each exam.

Each state will switch to the new process once their system can receive CDL driver medical certification information, which will appear on the motor vehicle record (MVR). A copy of a CDL driver’s MVR must still be in the driver’s qualification file after each exam.

What’s changing by June 23, 2025:

• CDL drivers won’t need to self-certify each medical card with the SDLA.
• CDL drivers are not required to be issued a medical card, so they must ask for one from the examiner to have proof of the new certification ( It takes 2-5 days to update the MVR).
• Carriers won’t need to note that the examiner was on the NRCME on the date of the exam, but should still get a CDL driver's medical card copy until the MVR is updated.

CDL drivers and carriers should check the SDLA websites for their transition dates and instructions on CDL driver medical certification. FMCSA's list of states that have transitioned are at the link below:

States that have transitioned

Keys to remember: Carriers and CDL drivers must understand how the medical certification changes will impact keeping medically qualified drivers on the road and to avoid unethical examiners.

For-hire vs. private

For-hire carriers use vehicles to transport people or property and are paid for their service. The fee could be a direct fee like a fare or a rate but could also be other indirect forms of compensation. Examples of for-hire operations include a trucking company that hauls other people’s property for a fee (direct compensation) or a hotel that includes in its service the transportation to and from the airport to the hotel (indirect compensation).

Private carriers, on the other hand, transport only their own goods or people. Examples include a manufacturer that uses its own commercial vehicles to transport its product, a construction or landscaping company that uses commercial vehicles to transport equipment and employees to job sites, or a utility company that operates commercial vehicles in support of its operations.

For-hire operating authority

While private carriers are not required to obtain operating authority from the FMCSA, for-hire carriers are required to get authority to move property or people that belong to somebody else and get paid for their service. Having authority is often referred to as having an MC Number.

The most common types of authority are:

• Property for-hire
• Passenger for-hire
• Household goods
• Broker
• Freight forwarder

If a company never operates a commercial motor vehicle (CMV), it is possible to have authority, but not have a USDOT number. For example, straight brokers or freight forwarders.

As part of obtaining for-hire authority, carriers must designate process agents and demonstrate financial responsibility (have proper insurance coverage).

One size does not fit all

Authorities are not all-inclusive. Separate authority is needed for each type of service offered. For instance, a for-hire, over-the-road carrier that also wants to be able to resell its extra demand will need both for-hire and brokerage authorities. A company is required to pay a $300 one-time fee for each type of authority needed.

Permanent authority required

There are no temporary permits available to substitute for authority. For-hire operations may not be performed until the proper authority has been granted. It’s not uncommon for otherwise private carriers to become for-hire carriers to generate revenue on back-hauls or help balance capacity and demand during slow periods or seasons.

Getting it right

Carriers need to get it right when it comes to authority. Carriers required to have authority — but don’t and operate anyway — can get themselves into trouble. Penalties for operating without proper authority can get expensive and can result in out-of-service orders.

Positive dilute

If a test result is positive but dilute, you’ll need to treat it the same as a positive test result. You must:

• Not order another test;
• Notify the driver;
• Remove the driver from safety-sensitive functions;
• Give the driver a list of substance abuse professionals (SAPs) from whom the driver can seek treatment;
• Not use the driver again until the driver completes treatment and passes a return-to-duty test; and
• Retain the test results for five years.

The MRO will report the test result to the Drug & Alcohol Clearinghouse, the same as any other positive test.

Negative dilute

For results that are negative but dilute, your actions will depend on the creatinine level (creatinine is a waste product found in urine), as follows:

2 to 5 mg/dL — The MRO will contact you to request an immediate re-collection under direct observation.

• If the driver refuses this test, it’s treated the same as any refusal (which means following the steps above for a positive test, including reporting to the Clearinghouse).
• If the driver goes for this follow-up test, the result becomes the official result of record.
• If the result comes back as negative dilute again, the test is declared negative.

Over 5 mg/dL — No retest required. However, you can have a company policy requiring a retest, as long as you communicate it to drivers and enforce it uniformly. If you do retests in this situation, be aware that:

• The test cannot be under direct observation;
• A refusal of the test is treated the same as any other refusal;
• If the result is once again negative dilute with a creatinine level over 5 mg/dL, you cannot retest the driver (i.e., no third test) and it’s deemed a negative result.
• If the result is negative dilute with a creatinine level of 2 to 5 mg/dL, the MRO will demand yet another test immediately under direct observation.

A positive, adulterated, or substituted test result on any retest becomes the result of record, and all the consequences of a drug testing violation apply.

Key to Remember: If a driver’s drug test result comes back as dilute, be sure you know what to do next.

3 reasons why recruiting and hiring are difficult

Survey participants gave feedback on why this aspect of HR is so grueling, saying that:

1. Finding qualified, interested workers is hard.
2. Having a discrepancy between what they can offer and what job candidates’ expectations are is a challenge.
3. Experiencing high turnover rates is daunting.

“Finding smart, skilled employees with a good work ethic is difficult,” one respondent said.

“It’s hard to recruit when people always want a higher salary,” another respondent mentioned.

How does remote work fit in?

A majority of survey respondents said they weren’t planning to make changes to their remote work policy this year. The breakdown is as follows:

• 57 percent – Keeping the remote work policy as is.
• 17 percent – Bringing employees into the office more frequently.
• 15 percent – Offering more remote work.
• 12 percent – Unsure.

In response to the question, “Are you seeing differences by generation in attitudes about remote work at your workplace?” respondents said:

• 48 percent – Yes, younger workers are more interested.
• 43 percent – No, we’re seeing the same attitude regardless of generation.
• 9 percent – Yes, older workers are more interested.

It’s more than finding the right employees

Recruiting is more than just attracting applicants. Part of successful recruiting is public relations. This includes promoting the company name on hiring platforms and social media. Name recognition and a positive public image are all a part of the process.

That’s why it’s important to keep job candidates informed of developments throughout the hiring process. Those who are interviewed, but never hear back one way or the other, are likely left with a bad impression of a company.

Applicants who have a bad experience often tell others, and before long, there could be a negative impression of the company in the community and beyond.

Steps employers can take for a smoother process include:

• Acknowledge receipt of applications or resumes,
• Keep job candidates updated on their status during the interviewing process,
• Inform job candidates of when they might hear something after an interview, and
• Issue a prompt rejection letter if an applicant is no longer being considered.

Key to remember: A recent J. J. Keller survey highlights challenges in the recruiting and hiring process. But it’s about more than just attracting applicants.

Two studies

In 2022, FSIS contracted two studies to see how much faster line speeds actually impact worker safety at 17 facilities. These facilities were poultry and swine evisceration plants with line speed waivers.

During the studies, the plants submitted worker safety data. Researchers interviewed workers and analyzed footage of plant workers. They also measured muscle activity, posture, and repetition. Finally, the researchers calculated the risk of upper extremity pain and musculoskeletal injury for workers at higher versus lower speeds.

Findings

In January 2025, two final reports were sent to FSIS (here and here). They conclude:

• Workers are at greater risk of a musculoskeletal disorder (MSD) when the piece rate is higher. Piece rate is the number of animal parts a worker handles per minute.
• About 40 percent of workers in both studies reported moderate/severe pain in the last year.
• More than 80 percent of the workers were at increased risk of MSDs in the poultry study. This compared to over 45 percent in the swine study.

“Line speeds” were determined not to be the leading factor in worker MSD risk at these plants, claims FSIS. Yet, the reports offer insights into how line speeds and other factors may work together to contribute to workers’ overall risk.

Former Acting Secretary of Labor Julie Su said on January 13th, “The findings in USDA's report on worker safety in poultry and swine plants show that injuries, including chronic pain and musculoskeletal disorders are too common. These kinds of injuries often go unreported." In fact, a 2016 Government Accountability Office (GAO) report explains that OSHA faces challenges in gathering injury and illness rates for the meat and poultry industry because of underreporting.

Recommendations

All facilities are encouraged to review the two reports. Plus, FSIS advises facilities to examine their own worker safety plans, regardless of operating line speed. In this way, they may determine how they can protect their workers’ health. The reports go on to recommend that meat and poultry companies consider developing an industry-wide set of best practices that reflect input from both workers and companies. Proposed best practices include:

• Lowering the piece rate by, for example, raising the number of staff;
• Improving medical management programs to assess ongoing pain as a metric of exposure to ergonomic risk;
• Promoting a worker safety culture that encourages reporting of pain and discourages retaliation for reporting;
• Frequently sharpening, maintaining, and replacing knives and scissors; and
• Fully implementing industry specific guidelines from OSHA.

OSHA and NIOSH guidelines

Five OSHA guidelines relate to the studies:

• Best Practices for Non-Health Care Employers with On-site Health Care Services, OSHA 3160;
• Ergonomic Program Management Guidelines for Meat Packing Plants, OSHA 3123;
• Prevention of Musculoskeletal Injuries in Poultry Processing, OSHA 3213;
• Safety and Health Guide for the Meatpacking Industry, OSHA 3108; and
• Poultry Processing Industry eTool.

NIOSH recommendations offer more:

• Evaluation of Musculoskeletal Disorders and Traumatic Injuries Among Employees at a Poultry Processing Plant, HHE 2012-0125-3024;
• Evaluation of Ergonomic Risks, Musculoskeletal Disorders, and Peracetic Acid Exposure Among Employees at a Pork Processing Plant in Michigan, HHE 2021-0117-3397; and
• Evaluation of Carpal Tunnel Syndrome and Other Musculoskeletal Disorders among Employees at a Poultry Processing Plant, HHE 2014-0040-3232.

OSHA’s ongoing agreement with FSIS

In 2022, OSHA issued a memorandum of understanding with FSIS to protect workers in 6,600 meat, poultry, and egg processing plants. Under the memo:

• FSIS personnel report to OSHA any serious work hazards at FSIS-regulated plants;
• FSIS provides OSHA with attestations (per 9 CFR 381.45 and 310.27) from plants in the new poultry and swine inspections systems programs; and
• OSHA provides a poster (see here and here) to FSIS-regulated plants on how to report injuries to OSHA.

Related legislation

Note that House and Senate bills introduced (but not passed) in 2023 would have required OSHA to issue an MSDs standard for meat/poultry plants. A 2023 GAO report also pressures OSHA for a rule.

Key to remember

FSIS is directed to extend line speed waivers and no longer require plants to submit redundant worker safety data to FSIS.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

What prompted the concern?

To determine if someone could safely work alone in a specific situation, the first step is to evaluate why that concern arose. Questions to consider might include:

• What hazards will the employee face, and what is the likelihood the employee will need help in an emergency? Consider both the probability of an incident as well as the severity.
• Did the concern arise because of external threats, such as a security guard who could face a violent situation? Or did the concern arise because of job hazards, such as working with dangerous equipment? How can those hazards be reduced or eliminated?
• Will the employee have a cell phone and designated contact? Will another employee or manager be on call? How long would someone else take to respond?

Keep in mind that unless security cameras are continually monitored, they do not provide any protection for lone workers. If an incident occurs, video recordings might help determine what happened, but cameras cannot prevent an incident from occurring.

For related information, see our article One is the loneliest number: Five steps to lone worker safety.

Trusting the worker

When a job requires working alone, the employer will presumably select a responsible and trustworthy employee. The employer should train that person to recognize hazards, use caution, and avoid any tasks that create an unacceptable level of risk. Lone workers must understand that they are responsible for their own safety and should carefully consider the potential consequences of any actions. If they have to stop and think about whether they can perform a specific task safely, then skipping that task may be best.

Supervisors should be wary of reprimanding lone workers for “not doing the job.” If tasks were not completed because lone workers felt uncomfortable, they should be praised for prioritizing their safety and refusing to put themselves at risk. Supervisors should not inadvertently encourage them to take risks. Instead, ask the employee to explain why they could not complete the task and try to think of alternative procedures that might get the job done with lower risk.

Establishing a check-in procedure could also be an option. Determine how the worker should check in, with whom, and how frequently. That could mean calling a manager before starting a particular task and again upon completion. In addition, decide on a response if the employee misses a call. Will the manager visit the site to check on the worker? For related information, see our article Lone Workers: A recommended policy.

Employers must balance the potential risks to someone working alone against the costs of scheduling a second worker. Options may range from having someone on call to simply delaying specific projects until additional workers are on duty.

Key to remember: OSHA does not prohibit employees from working alone, but employers should carefully evaluate the hazards and ensure that lone workers do not take unnecessary risks.

Why pre-job planning matters

Falls happen quickly and without warning, especially in the fast-paced and often unpredictable environment of a construction site. Pre-job planning creates the framework for identifying potential hazards and implementing strategies to eliminate or control them before work begins.

It also ensures that everyone — from seasoned crew members to new hires — understands how to protect themselves and their coworkers.

OSHA training requirements

The Occupational Safety and Health Administration (OSHA) mandates that all workers exposed to fall hazards receive training. This training must be conducted before any exposure and must be led by a competent person — someone capable of identifying hazards and authorized to take corrective action.

The training must cover:

• How to recognize fall hazards,
• How to minimize exposure to those hazards, and
• How to use fall protection systems correctly.

Additionally, employers are required to maintain a written certification record that includes:

• The employee’s name or identifier,
• The date(s) of the training, and
• The trainer’s or employer’s signature.

Retraining is necessary whenever there’s reason to believe a worker lacks the required knowledge or skills. Annual refresher training is encouraged as a best practice.

Preventing falls with pre-job planning

Before you and your workers ever step foot on a construction jobsite, you need to think strategically about the work environment and how you’re going to keep your employees safe.

Once you have determined that your workers will likely be exposed to fall hazards on your next jobsite, you need to develop your plans for fall prevention.

OSHA allows employers to choose from a variety of fall protection systems, including:

• Guardrails,
• Safety nets,
• Personal fall arrest systems,
• Positioning devices,
• Warning lines,
• Controlled access zones,
• Safety monitoring systems,
• Floor hole covers, and
• Fall protection plans.

If workers are responsible for installing or maintaining any of these systems, they must be trained in the correct procedures, including:

• Inspecting all equipment for wear or damage,
• Following manufacturer instructions when setting up or breaking down systems, and
• Performing regular checks during use to maintain safety standards.

You should also try to think outside the box and determine if there are other safety alternatives that would better protect workers from fall hazards.

For example, get in the habit of asking yourself: “Which would be the safest way for my workers to reach/access/work from this area?”

Perhaps it means using a ladder. Or an aerial lift. Or a scissor lift. Or maybe it involves installing a temporary guardrail on the roof, walkway, or work platform.

Preventing falls with regular toolbox talks

To effectively reduce the risk of falls, your pre-job safety meetings and ongoing training sessions remind workers how to identify fall hazards. Every jobsite is different, and hazards can change daily. Workers must be trained to spot common fall risks, such as:

• Unprotected edges,
• Floor holes or openings,
• Unstable surfaces, and
• Work performed from heights (e.g., ladders, scaffolds, aerial lifts, and roofs).

Remind workers to:

• Inspect their work areas before starting the job,
• Report unsafe conditions like missing guardrails or slippery surfaces, and
• Stay aware of environmental factors (rain, ice, wind) that can increase fall risks.

Construction environments are dynamic. Encourage workers to perform ongoing hazard assessments as conditions evolve.

Building a culture of fall prevention

Preventing falls isn’t just about checking boxes for compliance. It’s about creating a culture where safety is ingrained in every task, every day. By taking fall protection seriously during pre-job planning, employers show their commitment to protecting workers’ lives.

From mandatory training to consistent equipment checks, every precaution counts. With proactive planning and education, construction teams can work confidently at heights, knowing they’ve done everything possible to stay safe.

Key to remember: With thoughtful pre-job planning, comprehensive training, and a commitment to safety, we can reduce fall injuries and fatalities on construction sites.

What types of distracted driving occur at work?

Distracted driving can be any activity that diverts attention from safely operating a vehicle or mobile equipment. Distractions can be:

• Visual – Anything that causes a driver to look away from their path of travel.
• Manual – Taking hands off the controls. A manual distraction can be something as simple as reaching for the radio dial to increase the volume.
• Cognitive – Letting your mind wander away from the task at hand.

Common distractions on the job

Cell phones are the main contributors to distracted driving, but we can become distracted while operating equipment. These actions are preventable, but employees may not even notice that they are doing them at the time.

1. Touchscreens – With advances in technology, screens are getting bigger and taking up more of our peripheral vision. This can lead to cognitive overload, taking eyes off the path of travel, and can cause confusion and difficulty for drivers. Additionally, touchscreens lack any kind of tactile feedback because they lack actual buttons or knobs. Therefore, the driver must confirm their choices, which causes visual distractions. The European Car Assessment Program has acknowledged these risks by requiring vehicles to have physical knobs by January 2026 to receive a full five-star safety rating.
2. Talking with coworkers or passengers – Conversations, whether it's important work-related talks with your boss or a heated exchange with a coworker, can significantly reduce a driver’s mental focus and awareness of their surroundings. I have seen this in the field countless times and been part of investigations into where this was the root cause of the accident.
3. Fatigue – Fatigue is a distraction that goes unnoticed mainly because it is difficult to recognize it in another person. Still, it significantly increases the chances of missing hazards or making poor decisions.
4. Radios – For reasons unknown, we treat radios and phones differently in the workplace despite their often-presenting similar distractions and hazards. Employers have replaced cell phones with radios to enable communication with their employees, but we hold them to different standards. Employers should implement a radio policy that closely mirrors their phone policy.
5. Handling paperwork or devices while moving – Reading delivery notes, schedules, or using scanners while moving on a lift or company vehicle is extremely dangerous and completely avoidable.
6. Music or headphones – Some employers allow music on shop floors or assembly lines because it improves employee morale, but loud music can block out warning sounds like horns, alarms, or someone calling out for help.

Preventing distractions

Distractions can be challenging to address because there is no one-size-fits-all approach. Administrative controls or work policies are ways to combat distracted driving. For example:

• Radios – implementing a company-wide policy requiring operators to come to a complete stop in a designated safe area, put the vehicle in the parking position, and shut off before using the radio.
• Touchscreens – like the radio policy, a work rule requiring operators come to a complete stop in safe area could prevent distractions.
• Pre-planning your route and how you will get there before you move can reduce reliance on devices and screens.

The key to meaningful change is to enforce these policies to ensure all employers are reducing their risk of liability. The goal is to make sure everyone goes home safe. So, keep hands on the controls, eyes on your path, and mind in the moment.

Keys to remember: Whether it is checking a device or chatting while driving a forklift, distractions in motion put everyone at risk.

WPV rule has been long on the radar

Meanwhile, OSHA’s own WVP rulemaking effort has been in the works for almost a decade (since April 2016). It too is intended to cover HCSA work settings. Things heated up in 2023. That’s when the agency issued a draft outline of the regulatory text and completed a small business panel report.

At that point, the agency was free to issue a proposed rule. The Fall 2024 agenda indicates that the last administration hoped to issue the proposal in June 2025. The upcoming Spring 2025 agenda may reveal the agency’s new priorities.

Bills’ sponsors leading the charge

Representative Joe Courtney (D-CT) commented, “Our legislation would put proven tactics into practice in hospitals and healthcare settings across the country to prevent violence before it happens. I’m grateful for the bipartisan coalition — backed by the support of the workers directly affected by this violence — who has worked tirelessly to move this legislation forward year after year.”

“We rely on our healthcare workers every day to protect our communities, and in turn, we need to protect them from senseless acts of violence,” argues Senator Tammy Baldwin (D-WI), “That’s why I am introducing legislation to give our healthcare professionals long-overdue basic protections, helping address our healthcare workforce shortage and keeping our frontline heroes safe.”

OSHA to take stab at interim final rule first

If either bill becomes law, it will direct OSHA to issue an interim final rule (not just a proposed rule) within one year. Prior to issuing the interim final rule, the agency would publish a notice with a 30-day comment period.

The interim rule must be based on “Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers,” a booklet published by OSHA in 2015. In addition, the rule would call for employers with certain HCSA settings to develop and implement a comprehensive workplace violence prevention plan (WVPP) within six months. While the rule would need to take effect no later than 30 days after issuance, delayed compliance dates are allowed to phase in engineering controls.

If OSHA fails to issue the interim rule on time, the provisions in the bill would take effect one year after enactment. OSHA would also be required to enforce those provisions. They would remain in place until the agency issues an interim final rule.

Proposed rule then final rule to hit later

Within two years after the Act’s enactment, OSHA would also be obligated to publish a proposed WPV for HCSA rule. A permanent final rule would follow no later than 42 months after enactment of the Act. The permanent rule can be no less protective than any workplace violence standard adopted in California, Washington state, or any other state-plan state.

The two bills list covered facilities and exclusions. Mandated regulatory provisions of a permanent rule would include:

• Written WVPP,
• Violent incident investigation,
• Training and education,
• Recordkeeping and records access,
• Annual reporting to OSHA,
• Annual WVPP evaluation,
• WVPP updates, and
• Anti-retaliation.

OSHA can target work violence violations without a rule

Right now, there’s no federal OSHA standard on workplace violence. Yet, OSHA can cite and has cited section 5(a)(1), the General Duty Clause, of the Occupational Safety and Health Act when the agency finds employers that expose workers to this recognized hazard. While the two bills and even the upcoming OSHA rulemaking focus on just HCSA settings, General Duty Clause citations can be used in ANY industry with work violence hazards.

Key to remember

Lawmakers re-introduced companion bills (H.R. 2531 and S. 1232) to require OSHA to issue an interim WPV final rule within one year. Just one of the bills must pass both the House and Senate before it can be signed into law. Meanwhile, all eyes will be on OSHA's upcoming Spring Agenda to see if the existing WPV rulemaking will be a priority during this administration.

Alternative glove selection for COVID-19

Here’s a summary of glove types and the protection given to help evaluate alternatives.

Butyl gloves protect against a variety of chemicals such as peroxide, highly corrosive acids, strong bases, alcohols, aldehydes, ketones, esters and nitrocompounds. Butyl gloves also resist oxidation, ozone corrosion and abrasion, and remain flexible at low temperatures. However, they do not perform well with aliphatic and aromatic hydrocarbons and halogenated solvents.

Natural (latex) rubber gloves have good elasticity and temperature resistance, and resist abrasions well. They protect against most water solutions of acids, alkalis, salts, and ketones. Latex gloves may cause allergic reactions and may not be appropriate for all employees. Hypoallergenic gloves, glove liners, and powderless gloves are possible alternatives for employees who are allergic.

Neoprene gloves protect against hydraulic fluids, gasoline, alcohols, organic acids, and alkalis. Their chemical and wear resistance are generally better than gloves of natural rubber.

Nitrile gloves are intended for jobs requiring dexterity, and they stand up even after prolonged exposure to substances that cause other gloves to deteriorate. They offer protection when working with greases, oils, acids, caustics, and alcohols but are not recommended for use with strong oxidizing agents, aromatic solvents, ketones, and acetates.

Submitting employees to drug tests

Can motor carriers drug test their drivers? The short answer is no. Canada does not have a federal regulation that requires drug testing for drivers. However, this does not mean that Canadian motor carriers cannot implement and enforce a drug and alcohol policy for their drivers. In fact, many carriers have developed successful policies that minimize the risk of getting in trouble with the law and ensure the safety of their drivers and the public.

For the most part, drug testing not only violates the Human Rights Code, but it is also a gross infringement on an individual’s reasonable right to protection of privacy. Motor carriers operating in Canada need to make sure they consider the human rights and privacy rights of their drivers when implementing any type of drug testing program and policy.

Motor carriers have the right to expect their drivers to arrive at work fit for duty and remain that way throughout the duration of their shift. Communicating this expectation to them is important and, at a minimum, should be communicated by implementing a ”fit-for-work” policy that makes your expectations around impairment of any kind clear.

When drug testing may be permissible

There are some circumstances in which drug testing is allowed, though they are rare and very specific.

1. Safety-sensitive positions: Universal random drug testing would be acceptable in workplaces that can be shown to be extremely dangerous and where a worker’s impairment would likely result in catastrophe. Based on this definition commercial truck drivers would be considered to be in a safety-sensitive position.

2. Reasonable suspicion of impairment: If an employee appears to be obviously impaired, drug testing may be permissible, especially if they’re involved in a collision and there is reasonable suspicion that they are under the influence of drugs.

3. As part of a rehabilitation/return-to-work program: A driver with substance abuse disorder may be subject to unannounced drug testing to be carried out as part of a rehabilitation program and return-to-work program.

Unlike in the United States, pre-employment drug testing is generally not permitted in Canada, except in limited circumstances. Each Canadian province has its own legislation regarding testing for drugs. In Alberta, the courts have been less protective of individual privacy rights and have allowed drug testing in the oil and gas sector. Most companies in Ontario and British Columbia opt not to test for drugs, adhering to human rights legislation and privacy concerns.

Policies must be clear

Motor carriers must inform their drivers about the drug and alcohol policy and unlike U.S. testing programs, are required to obtain their consent before conducting any test. By working together, motor carriers and drivers can create a safe and healthy work environment for everyone involved.

Carriers should update their policies addressing drug and alcohol use at least once per year. Carriers must pay close attention to:

• Permissible testing for the jurisdictions they operate in, including if they cross the border into the United States;
• Frequent reminders for drivers on their obligations under the policies; and
• Training for managers and supervisors on detecting impairment through physical symptoms.

Key to remember: Drug testing in Canada is legal but not regulated, so carriers must exercise caution when implementing a drug testing policy. There’s a fine line between allowable testing and human rights/employee privacy violations.