The heat is on, so tell OSHA what you think!

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.

Continued emissions reduction

The Clean Air Act requires EPA to set National Ambient Air Quality Standards (NAAQS) for six principal pollutants called criteria air pollutants, which can be harmful to public health and the environment.

Between 1970 and 2023, the combined emissions of these criteria pollutants have dropped by 78 percent. This is of particular significance due to the continued growth of the U.S. economy by 320 percent over that same period of time. Since 1990, air pollutant concentrations of these six key pollutants have declined as follows:

• Carbon monoxide (CO) 8-hour is down 79 percent.
• Lead (Pb) 3-month average is down 87 percent (since 2010).
• Nitrogen dioxide (NO₂) annual is down 62 percent.
• Nitrogen dioxide (NO₂) 1-hour is down 55 percent.
• Ozone (O₃) 8-hour is down 18 percent.
• Particulate matter 10 microns (PM₁₀) 24-hour is down 29 percent.
• Particulate matter 2.5 microns (PM_2.5) annual is down 37 percent (since 2000).
• Particulate matter 2.5 microns (PM_2.5) 24-hour is down 29 percent (since 2000).
• Sulfur dioxide (SO₂) 1-hour is down 92 percent.

Effects on health and the environment

The link between air pollution and these criteria air pollutants contributes to a variety of health problems and impacts on the environment. Breathing elevated levels of CO can decrease the amount of oxygen reaching a person's organs and tissues. Lead exposure can harm the development of children, leading to lower IQs, learning deficits, and behavioral problems. Short-term exposure to NO₂ can aggravate asthma and other respiratory diseases. The environmental effects of ozone include damage to vegetation by injuring leaves, which reduces photosynthesis, therefore impairing growth and decreasing crop yields. Particulate matter in the air is the main cause of reduced visibility in parts of the U.S. It can settle on soils and surface waters, which can change the pH, deplete nutrients, and negatively affect ecosystems.

Actions being taken

EPA and states continue to track emissions data from industry, state, tribal, and local agencies from sources in their jurisdictions, including:

• Highway vehicles;
• Industrial and other processes (e.g., smelters, refineries, and dry cleaners);
• Non-road mobile sources (e.g., recreational and construction equipment, marine vessels, aircraft, and locomotives); and
• Stationary fuel combustion sources (e.g., electric utilities and industrial boilers).

The government continues to invest in climate pollution action efforts to improve the economic and public health of those living in the country, including:

• Creating rules to reduce methane emissions from oil and natural gas operations,
• Updating pollution standards for the transportation industry,
• Establishing greenhouse gas standards for heavy-duty vehicles,
• Implementing standards for existing coal-fired and natural gas-fired power plants,
• Investing in infrastructure, and
• Working to embed environmental justice in all of EPA’s work.

Key to remember: While long-term trends continue to show an improvement in the air we breathe, EPA states that there’s still work to be done.

Risks of methylene chloride

EPA made a final determination in November 2022 that methylene chloride as a whole chemical substance presents an unreasonable risk of injury to health under its conditions of use. The chemical is known to cause neurotoxicity from short-term exposure and cancer and liver harm due to long-term exposure. There are even documented cases of sudden death caused by short-term contact with the chemical substance.

When EPA determines a chemical poses an unreasonable risk, TSCA requires the agency to develop regulations to reduce or eliminate the risk. That’s where this final rule comes in (40 CFR Part 751 Subpart B), banning all consumer uses and most commercial and industrial uses of methylene chloride.

Requirements of methylene chloride ban

Manufacturers (including importers), processors, and distributors must phase out methylene chloride (including methylene chloride-containing products) for all consumer uses within one year and most commercial and industrial uses within two years.

Here’s an overview of the phaseout schedule:

The regulations also require manufacturers, processors, and distributors that ship methylene chloride to notify the receiving companies of the prohibitions through Safety Data Sheets (SDSs) and to maintain records that document:

• Information about the companies that receive the shipments,
• A copy of the required notification (listed at 751.111(d)) added to SDSs, and
• The amount of methylene chloride shipped.

Remaining uses

The final rule allows very few time-limited exemptions for commercial and industrial uses of methylene chloride to:

• Produce other chemicals,
• Manufacture plastic and rubber (including polycarbonates),
• Produce battery separators for electric vehicles,
• Aid processing in a closed system,
• Use as a laboratory chemical, and
• Employ in solvent welding.

Facilities involved in the remaining uses of methylene chloride must comply with EPA’s new Workplace Chemical Protection Program. It requires facilities to:

• Meet exposure limits,
• Establish and maintain regulated areas,
• Conduct exposure monitoring,
• Implement controls to reduce exposure (including exposure plans),
• Provide respiratory and dermal personal protective equipment to affected employees,
• Train potentially exposed workers, and
• Maintain records of:
  • Exposure control and monitoring data;
  • Objective data generated during the past five years (if used to forgo the initial exposure monitoring);
  • Notifying potentially exposed individuals of the exposure control plans;
  • Exemption-related documentation; and
  • Information related to refinishing wooden furniture, decorative pieces, and architectural fixtures, if applicable.

Facilities must keep these records for at least five years from the date they’re generated.

Does the rule apply to any amount of methylene chloride?

The final rule sets a de minimis exemption threshold of 0.1 percent by weight to account for impurities and the unintended presence of methylene chloride. In other words, products that contain less than 0.1 percent of methylene chloride aren’t subject to the final rule.

However, note that this provision doesn’t apply to 751.105, which bans the sale and distribution of methylene chloride-containing consumer paint and coating removal products.

Tips for phasing out methylene chloride

If your facility is involved in manufacturing, processing, or distributing methylene chloride (including methylene chloride-containing products), consider these tips to help you comply with the new regulations:

• List your facility’s uses of methylene chloride to determine which processes will be impacted. Begin researching alternative products to replace methylene chloride in these processes.
• Identify which phaseout timelines apply.
• Audit your processes and procedures to identify ways to improve employee safety.
• Establish a plan to implement any applicable phaseouts of methylene chloride and actions to better protect potentially exposed employees.

Key to remember: EPA will phase in its ban on methylene chloride for all consumer uses and most commercial and industrial uses over the next two years.

Taking action to reduce exposure

There are currently three states with regulations that specifically address the air quality index (AQI) as it relates to wildfire smoke:

• California (Title 8, CCR 5141.1),
• Oregon (OAR 437-002-1081 and OAR 437-004-9791), and
• Washington (Chapter 296-820 WAC).

Absent any standard, all employers across the country have an obligation under the General Duty Clause to protect their workers from exposure to unhealthy levels of air pollutants due to wildfire smoke emissions.

Employers should take protective measures to reduce smoke exposure for outdoor workers including:

• Monitoring air quality: Make it a point to frequently check the AQI in the area(s) where their workplace is located. This can be done by visiting the EPA’s AirNow site or using air quality monitoring devices.
• Developing a wildfire smoke policy: Implement a policy that identifies how the workplace will respond to wildfire smoke events. This should include preparation and monitoring, when and how to act, and communication with employees.
• Training employees: At a minimum, train employees on the health effects of wildfire smoke, adverse symptoms associated with exposure, and ways to protect themselves. They should also clearly understand any state-specific requirements.
• Reducing, relocating or rescheduling work tasks: During times of elevated concern due to the AQI, reduce levels of physical activity, relocate employees or adjust work schedules to minimize exposure.
• Improving indoor air quality: Keep all building windows, doors, bays, and other structure openings closed whenever possible. Ensure air is filtered by a mechanical ventilation system. Company vehicles should be equipped with cabin air filters.
• Providing or allowing PPE: Allow NIOSH-approved respirators for voluntary use, unless otherwise required.
• Keeping employees informed: Establish a system of communication that informs employees of the current AQI, any reduced or rescheduled work tasks or locations, and what protective measures are available to reduce wildfire smoke exposure.

Understanding air quality index

Air quality is a complex and evolving challenge. The EPA has established an AQI for five major air pollutants regulated by the Clean Air Act. Each of these pollutants has a national air quality standard set by EPA to protect public health:

• Carbon monoxide,
• Ground-level ozone,
• Nitrogen dioxide,
• Particle pollution (i.e., PM2.5 and PM10), and
• Sulfur dioxide.

Employers must create protective measures to reduce employee exposure to these major air pollutants. When AQI values are above 100, as listed on the EPA’s AirNow.gov website, air quality is unhealthy: first for certain sensitive groups of people, then for everyone as AQI values increase.

Key to remember

Employers should have a plan to prevent employee exposure to dangerous air quality levels.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Nowhere to go

The truck driver said he tried to move away but had nowhere to go since his truck was surrounded by other vehicles. (And believe me, as someone who regularly drives around Chicago, trucks are given very little room to maneuver on I-294!)

During a later FMCSA audit, however, the investigator refused to treat the crash as non-preventable, labeling it as “undetermined” instead. Unfortunately, that (along with other crashes) made the company’s overall accident rating “unsatisfactory,” which lowered their overall safety rating to “conditional.”

Wrong video

The company fought the downgrade of its safety rating, submitting a police report showing that the car driver was cited for the traffic violation and was clearly at fault. The motor carrier also submitted video evidence from its dash-cam system, but unfortunately, the video was from a different incident. The company was made aware of the mistake but was unable to produce the correct video.

Without video evidence, the FMCSA ruled that the auditor’s initial assessment had to stand, and the company’s safety rating remained “conditional.”

Two separate issues

If you’re familiar with the FMCSA’s crash policies, you know that the cause of a crash and whether it could have been avoided are separate issues. Here, the car driver caused the crash but could the truck driver have done anything to avoid it?

Without video, the auditor explained that he had no way of knowing basic facts, such as traffic conditions and the location of other vehicles. In this case, the truck had cameras but either they were turned off or the videos were lost.

The lesson here is clear: video cameras can provide useful evidence that could save your safety rating, but you need to make sure they’re recording at the right time and that those recordings are available should you get audited.

What information will a CMV driver need to share during a roadside inspection?

A driver needs to respond in English about items, such as:

• The origin and destination of the trip as well as the products they are hauling;
• The amount of time spent on duty, including driving time, and the transfer of electronic logging device (ELD) records;
• Their driver’s license and medical certification; and
• The vehicle component and systems.

When can an officer cite a driver for not understanding English?

If the driver cannot respond in English to officer inquiries and follow instructions, the guidance is to cite the driver for violating 49 CFR 391.11(b)(2) or 395.24(d) if they cannot transfer ELD records.

Drivers must also understand highway traffic signs and signals or risk a citation under 391.11(b)(2)(S) and serious safety issues, such as:

Suppose a driver loses their brakes descending a steep grade; they must be able to read signs for and use an upcoming runaway truck ramp.

Potential driver hires must be able to follow traffic signs and signals during the road test per Section 391.31 of the FMCSRs. Conduct training as needed to ensure each driver understands road signs and signals.

Does a driver need to be fluent in English to pass a DOT physical?

The guidance on the Medical Examination Report or “long form” states:

“When determining a driver’s physical qualification, please note that the English language proficiency (49 CFR part 391.11: General qualifications of drivers) is not factored into that determination.”

To medically certify a driver, a certified medical examiner (CME) must receive an accurate Driver Health History as required on page two of the “long form.” The driver should be able to read and complete the health history questions during the DOT exam.

Caution: An employer cannot ask the driver about their health history or obtain the “long form” without written consent from the driver.

Key to remember: Meeting the English language requirements while drivers are on the road and during a medical examination is essential to safety.

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.

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.

What do federal contractors do now?

Although some previous executive orders have been revoked, their underlying regulations are still in place. It is likely that they will no longer be enforced, however. While waiting for further guidance and final regulatory action, federal contractors can:

• Continue to display the Executive Order 14026 minimum wage and Pay Transparency postings until their contracts are revised or the Department of Labor removes the underlying regulations;
• Prepare to display the revised Know Your Rights posting;
• Continue to display the Executive Order 13658 minimum wage posting, when required;
• Continue to display other postings required under their contract, as well as federal, state, and local laws; and
• Stay alert for more updates.

If federal contractors are unsure of what needs to be posted, their contract likely holds the answer. Federal contractors need to comply with contract requirements, and that includes posting obligations.

Key to remember: Federal contractors need to display postings required under their contract. Executive orders are likely to bring revisions to these requirements.

The story

Angel, a high-school teacher, suffered from post-traumatic stress disorder, which interfered with her ability to perform daily work tasks at school. She asked and was allowed to leave campus for a 15-minute break during her morning and afternoon periods when she wasn’t overseeing students. She used the breaks to compose herself away from the workplace, an environment that triggered her symptoms.

Years later, the school underwent a change in administration that prohibited teachers from leaving school grounds during the workday.

Despite the new policy, Angel left campus as she’d previously done, but was reprimanded. She told the new administration about her longstanding accommodation. The administration said the documentation they had on file wasn’t enough to establish her right to a reasonable accommodation.

Rather than provide additional documentation, Angel took leave. When she returned, the administration allowed Angel to take the breaks when someone else could watch her students. Eventually, however, no one was available to cover Angel for the afternoon break.

The case

Unhappy with the situation, Angel sued, claiming the administration’s refusal to guarantee an afternoon break violated the ADA. During the claim, Angel admitted she was able to perform the essential functions of her job, though “…under great duress and harm.”

The employer argued that Angel wasn’t entitled to an accommodation because she could perform the job without an accommodation.

The decision

In siding with the employee, the court said, “An employee with a disability is qualified to receive a reasonable accommodation under the ADA even if she can perform the essential job functions without one.”

The court went on to say that “[a] straightforward reading of the ADA confirms that an employee may qualify for a reasonable accommodation even if she can perform the essential functions of her job without the accommodation. If Congress had wanted employers to make only necessary accommodations, rather than reasonable ones, it could have said so.”

Tudor v. Whitehall Central School District, Second Circuit Court of Appeals, No. 23-665, March 25, 2025.

The Second Circuit is not the only circuit to rule this way. Several other circuits reached the same conclusion.

Key to remember: Employers must provide reasonable accommodations that mitigate — if not necessarily eliminate — an employee’s disability-related challenges.

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.

Interpreting the OSHA standard

Workers who are exposed to noise at or above determined limits are at risk of developing significant and permanent hearing loss over their work life if they are not adequately protected. OSHA’s occupational noise standard, 1910.95, has established two levels of exposure, averaged over an 8-hour time period, at which employers must take steps to protect workers.

• Action level (AL) – at or above 85 dB or an equivalent of 50% dose, employers must:
  • Implement a hearing conservation program that includes noise monitoring;
  • Provide annual audiograms and appropriate follow-ups for exposed workers;
  • Enforce use of hearing protective devices (HPDs) when engineering or administrative controls are not sufficient to reduce exposure to acceptable limits; and
  • Deliver effective annual employee training.
• Permissible exposure level (PEL) – at or above 90 dB or an equivalent 100% dose, employers must:
  • Implement engineering or administrative controls to reduce noise exposure;
  • Enforce the use of HPDs when engineering or administrative controls are not sufficient to reduce exposure to acceptable limits; and
  • Evaluate noise regularly to determine when ALs may require further action.

Here is a quick tip! If you need to raise your voice to speak to someone only 3 feet away, it’s likely the noise level is over OSHA’s action level of 85 decibels.

Understanding the parameters of sound

Noise is considered hazardous based on how loud the sound is, how long it lasts, and how often the exposure is. For hearing conservation, noise monitoring factors in these measurements:

• Frequency – the “pitch” of sound, measured in Hertz (Hz) and representing the number of sound waves passing a particular point per second. The higher the frequency, the higher the pitch as with a high-pitched whistle.
• Amplitude – the loudness or intensity of sounds, measured in decibels (dB). The larger the amplitude, the louder the sound as with speakers at a concert.
• Time – the duration of sound, or how long it lasts. Keep in mind that at both long-lasting and short duration, high amplitude sounds can be damaging to your hearing.

Identifying types of sound

For proper hearing protection, employers must account for several different noise types including:

• Continuous – noise that lasts for more than one second and is stable over time. The hum of an air conditioner or fan is an example of continuous noise.
• Intermittent – noise that cycles on and off with quiet periods in between. Intermittent noise may include a pump or generator kicking on or off as needed, an airplane flying overhead, and many manufacturing noises.
• Impulse – noise created by the collision of two masses with a duration of less than one second. Common examples of impulse noise include alarm systems, jackhammers, or punch presses.
• Impact – noise with an amplitude over 130 dB that has a sharp rise and rapid decline. Gunshots, explosions, and popping balloons are examples of impact noise.

By understanding the parameters of sound, including its intensity, frequency, and the three types - intermittent, continuous, and impulse - we can better manage noise exposure and protect our hearing.

Keys to remember: Sound is what we hear; noise is harmful or unpleasant sounds. Understanding sound types, intensities, and frequencies helps protect and preserve hearing now and into the future.

Strategies to prevent injuries

1. Onboarding should start with safety - For seasonal workers, their first day on the job often sets the tone for safety compliance. That is why onboarding should begin with clear and practical safety guidance. A proper orientation should include a physical tour of their workspace, highlighting emergency exits, first-aid stations, fire extinguishers, and restricted areas. In a warehouse environment, guide new employees through busy forklift areas, showing them where it is safe to walk and where they should exercise extra caution. Ensure they receive printed or digital materials they can review later, especially if they are unfamiliar with the environment. Setting expectations will reinforce that safety is integral to the job.
2. Provide hands-on, task-specific training - Injuries occur because a new worker fails to receive training on how to do a task correctly. Watching a video or reading a manual is not enough. Seasonal workers need training to perform their exact tasks safely and time to practice with supervision. In a food production facility, for instance, training might involve demonstrating how to operate a slicer safely, showing required PPE, and explaining how to shut down the machine in an emergency. Encourage them to ask questions and explain why each safety measure matters. Pairing new hires with experienced workers for the first few shifts helps build confidence while reinforcing proper habits.
3. Equip and educate on PPE – PPE is only effective if it is the right type and worn correctly and consistently. Do not assume new workers have used PPE. Take the time to demonstrate how to wear, adjust, and care for PPE. In a landscaping role, for instance, workers may need eye protection, gloves, hearing protection, and steel-toe boots. Explain the purpose behind each item: “These goggles protect your eyes from flying debris when using the trimmer” is far more impactful than simply handing them a pair. Making it easy for workers to request replacements if their PPE becomes worn or damaged can reinforce that safety gear is a necessity, not a nuisance.
4. Promote clear, ongoing communication - Communication is a cornerstone of workplace safety, especially for short-term workers who might hesitate to speak up. Use clear signage, safety reminders, and simple language to convey your messages. Consider bilingual training materials or multilingual posters if your workforce includes non-native English speakers. Encourage and reward employees for asking questions and reporting unsafe conditions.
5. Monitor fatigue, heat, and overexertion - Seasonal roles often mean long hours, physically demanding tasks, and exposure to hot or humid environments. These conditions can lead to fatigue, heat-related illnesses, and preventable accidents. Provide regular, scheduled breaks and make hydration easy and accessible. In outdoor jobs like construction or landscaping, consider pop-up tents or shaded rest areas and educate workers on the signs of heat exhaustion and what to do if they experience symptoms. Rotating employees when possible and simply encouraging supervisors to check in with their team during hot days can go a long way in preventing serious health issues.

Even if seasonal workers are only with your company for a few weeks or months, they deserve the same protection and support as full-time employees. A robust approach to safety ensures lower injury rates, higher morale, increased productivity, and a reputation as a safe and responsible employer.

Keys to remember: Temporary does not mean disposable. Every worker is part of a team, and their safety is your responsibility.

Traditional systems

Traditional methods for emergency communication remain highly valued and essential components of an overall response plan. Regulatory agencies, such as OSHA, reference and expect these systems to notify workers of emergency situations. Tried-and-true traditional systems ensure that information is disseminated simply, quickly, and effectively, including:

• Emergency notification systems: These systems send mass alerts via text messages, recorded voice messages, or emails to inform the public about emergencies.
• Traditional media channels: Newspapers, newsletters, and broadcast media (i.e., TV and radio) are commonly used to disseminate information quickly.
• In-person events: Town halls and community meetings provide a platform for direct communication and addressing public concerns.
• Emergency plans: A pre-established emergency plan that includes evacuation routes, shelter locations, and contact information is essential.

Evolving systems

Communication in emergency management is rapidly evolving, driven by advancements in technology and changing societal needs. This evolution is characterized by several key trends that make emergency communication more efficient, responsive, and inclusive such as:

• Advanced technologies: Artificial intelligence (AI) and cloud data systems help predict and respond to emergencies by analyzing lots of information.
• Mobile apps and alert systems: These provide real-time updates and location-specific alerts to large groups of people simultaneously.
• Improved 911 services: Modern 911 centers use text, video, and data to respond faster and more accurately.
• Community education: Teaching people about emergency preparedness through online resources, workshops, and events helps communities be ready for emergencies.
• Agency collaboration: Better communication and coordination between different agencies make emergency management more effective.

The power of social media

Social media’s popularity has emerged as a vital tool in disaster response and management, significantly enhancing communication and coordination during emergencies including:

• Platforms like “X” and Facebook share real-time information about disasters, including location, severity, and impact. This helps manage fluid situations effectively. Government agencies will use social media to provide official updates and instructions quickly.
• Crowd-sourced data from citizens, including photos and videos, helps responders understand the situation better and prioritize efforts.
• Social media is also useful for engaging communities, organizing volunteers, and creating support networks for those affected.
• Authorities use social media to dispel rumors and provide accurate information, allowing timely interaction with the public.
• Fundraising and resource allocation are facilitated through social media, with platforms like Facebook and Instagram raising funds and sharing information about resources like shelters and food distribution points.
• Post-disaster, trustworthy social media can keep communities informed about recovery efforts and provides mental health resources and support.

OSHA’s stance on communicating emergencies

OSHA’s focus is on planning, preparation, and training to ensure the safety of workers. The means of communication is a major consideration; therefore, it appears in many components of a larger emergency action plan (EAP).

Under 29 CFR 1910.38 OSHA lays out an EAP as a detailed strategy that helps employees and employers respond effectively during emergencies. The standard outlines the minimum requirements for an effective EAP including:

• Reporting procedures: Establishing clear channels for reporting emergencies to ensure swift action.
• Emergency evacuation: Detailing the types of evacuation procedures with pre-determined designated escape routes identified.
• Shelter-in-place: Communicating shelter-in-place plans with designated locations.
• Critical plant operations: Defining emergency roles and responsibilities for employees who operate critical equipment.
• Accountability: Confirming the safety of all employees after evacuation or shelter-in-place actions take place.
• Rescue and medical duties: Outlining responsibilities for employees trained in rescue or medical procedures.
• Contact information: Developing a list of employees who can provide additional information during emergencies.
• Employee alarm system: Maintaining a distinct alarm system for timely alerts to emergencies.
• Training and review: Designating and training employees to assist in evacuations and conducting regular reviews and providing training for all employees to reinforce EAP knowledge.

Additionally, OSHA provides guidance on communicating emergencies through the use of more traditional alarm systems. Under 29 CFR 1910.165(b) (1-5), OSHA requires that an alarm system must:

• Alert employees for necessary emergency actions and provide enough time for safe escape.
• Ensure the alarm is noticeable by all employees, even in noisy or bright conditions.
• Distinguish the alarm as a unique signal for evacuation, shelter-in-place, or specific emergency plan actions.
• Educate each employee on how to report emergencies, such as using manual pull box alarms, public address systems, radio, or telephones.
• Display emergency phone numbers near phones and in other common, visible locations.
• Prioritize emergency messages over non-emergency messages if the communication system doubles as the alarm system.
• Establish a procedure for sounding emergency alarms including when, for how long, and alarm notification terminations

Key to remember: Quick and effective emergency responses save lives and protect communities. Combining traditional methods with new technologies like social media improves communication and speeds up responses.

Takeaways for employers about child labor

Employers often believe that OSHA regulations cover worker age limits, but that’s not the case. Companies employing minors should be aware that the federal FLSA and state child labor laws limit the types of work that can be performed by individuals under 18 years of age. When state child labor laws differ from the federal provisions, an employer must comply with the higher standard.

Key to remember: As roofing season kicks in, employers should be aware of child labor laws that prohibit youths from working on or about roofs.

Improving workplace safety: practical steps

In 2023, there were 5,283 fatal injuries in US workplaces. It is important for employers to ensure the safety of their workers and for workers to take responsibility for their own safety and that of their coworkers. Here are some practical steps to enhance workplace safety:

1. Conduct regular safety training

One of the most effective ways to improve workplace safety is through regular safety training. Educating employees about workplace hazards, proper procedures, and emergency actions is crucial. Ensure training sessions are engaging and interactive, allowing workers to ask questions and participate in discussions. Consider incorporating real-life scenarios, hands-on practice, emergency drills, and the use of props to make the training more impactful.

2. Encourage reporting of hazard and incidents

Create an open environment where workers feel comfortable reporting safety concerns. Encourage employees to speak up about potential hazards, incidents, or even near misses, without fear of retaliation. Implement anonymous reporting systems to support this. Be sure to consistently and regularly review and address reported hazards to demonstrate that safety concerns are taken seriously and acted upon promptly.

3. Effectively control hazards

Before resorting to personal protective equipment (PPE), it's crucial to control hazards using the hierarchy of controls. This systematic approach prioritizes hazard control methods based on their effectiveness:

• Elimination: Remove the hazard entirely from the workplace. This is the most effective control measure.
• Substitution: Replace the hazard with a less dangerous alternative. For instance, choose a less hazardous chemical or replace ceiling tiles with noise-reducing ones in loud work areas.
• Engineering controls: Design or modify equipment to reduce exposure to hazards. This can include ventilation systems or machine guards.
• Administrative controls: Implement policies and procedures to minimize risk. For example, rotate job assignments to reduce exposure time or offer task-specific training on safe work practices.
• PPE: Use protective gear as a last resort when other controls are not feasible or fully effective. PPE should complement other safety measures to ensure thorough protection.

4. Use PPE correctly

Make sure PPE is readily available, well-maintained, and suited to the specific risks of the job. It should fit workers properly to avoid entanglement in equipment or machinery and encourage its use. Regular inspections and training on the correct use of PPE can prevent many injuries. It's also important to foster a culture where wearing PPE is seen as standard practice rather than an inconvenience.

5. Build a Strong Safety Culture

A strong safety culture is the backbone of effective workplace safety. It involves the collective commitment of both employees and management to prioritize safety in every aspect of operations.

• Engage employees. When workers are actively involved in safety programs, they are more likely to adhere to safety protocols and contribute valuable insights. Encourage participation in safety committees, conduct regular safety meetings, and solicit feedback on safety practices. Recognize and reward employees who demonstrate a commitment to safety, fostering a sense of ownership and accountability.
• Strengthen management support. Leaders should visibly endorse and participate in safety initiatives. Allocate resources for safety training, equipment, and improvements. Establish clear safety policies and consistently enforce them. When management prioritizes safety, it sets a powerful example for the entire organization.

Key to remember: Workers’ Memorial Day is a solemn reminder of the importance of workplace safety. By conducting regular safety training, encouraging hazard reporting, controlling hazards and building a strong safety culture, organizations can work towards a safer future.

What regulations apply?

While OSHA has regulations at 29 CFR 1926.54 for lasers in construction operations, there’s no comprehensive laser regulation for general industry, agriculture, or maritime. For that reason, it’s important to follow the manufacturer instructions for safe use of equipment.

Additionally, the American National Standards Institute (ANSI) Z136 series of laser safety standards provides guidelines for the safe use of lasers in a number of applications and settings. The series also calls for a laser safety program. ANSI standards are voluntary consensus standards. However, OSHA inspectors may turn to them for hazard abatement ideas when citing under the General Duty Clause. That’s Section 5(a) of the Occupational Safety and Health Act. It requires employers to keep a safe and healthful workplace free of recognized, serious hazards.

Even though you won’t find a comprehensive OSHA standard on lasers for general industry, some related regulations may apply. These include those on:

• Personal protective equipment (PPE) (29 CFR 1910.132),
• Eye and face protection (29 CFR 1910.133), and
• Accident prevention signs and tags (29 CFR 1910.145).

The OSHA Technical Manual states that in some laser operations, particularly research laboratories, there may be potential hazards associated with compressed gases, cryogenic materials, toxic and carcinogenic substances, and noise. This could bring further regulations into play at your workplace. These include:

• Occupational noise exposure (29 CFR 1910.95),
• Hazard communication (29 CFR 1910.1200), and
• Toxic and hazardous substances (29 CFR 1910 Subpart Z).

You may also need to provide adequate ventilation to eliminate or reduce exposure to harmful fumes and vapors.

What training is needed?

As with any hazardous equipment, training is critical. For general industry, consider training in:

• Equipment — As mentioned, it’s a best practice to follow the manufacturer recommendations. Some manufacturers or distributors may offer training on their products. ANSI Z136.1, American National Standard for Safe Use of Lasers, provides a chapter on education and training. Other standards in the Z136 series also may have training provisions.
• PPE — Employees required to wear PPE must be trained to know:
  • When and what PPE is necessary;
  • How to properly put on, remove, adjust, and wear PPE;
  • Limitations of the PPE; and
  • Proper care, maintenance, useful life, and disposal of the PPE.
• Signs and tags — Where danger, caution, or safety instruction signs are required, you must train your employees to understand their meaning.
• Hazard communication — Employees exposed or potentially exposed to hazardous chemicals (e.g., fumes and vapors) must be trained per the requirements at 29 CFR 1910.1200(h) and (j).
• Occupational noise exposure — If employees’ noise exposure equals or exceeds 85 decibels over an 8-hour time-weighted average, you must implement a hearing conservation program. This includes training provisions at 29 CFR 1910.95(k).

Key to remember: OSHA doesn’t have a comprehensive laser regulation for general industry operations. Yet, several other regulations in 29 CFR 1910 may be applicable. Follow the manufacturer instructions for safe laser use and consider referencing the ANSI Z136 series.