Tip for restaurants this summer: Stay out of the pool (tip pool, that is)

Five-fold increase

The move aims to cut much more than a similar “two-for-one” order issued at the start of President Trump’s first stint in the White House in 2017. That order applied only to regulations that would cost $100 million or more.

The White House says the 2017 order was “the most aggressive and successful regulatory reduction effort in history” and eliminated five and one-half regulations for every new one issued.

The new order, according to a White House fact sheet, says that whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 existing rules, regulations, or guidance documents to be repealed.

It will be up to the head of the White House Office of Management and Budget to enforce the order and ensure agencies use a standard measuring stick to verify compliance.

The order also requires that for fiscal year 2025 (which ends September 30), “the total incremental cost of all new regulations, including repealed regulations, be significantly less than zero,” the fact sheet says. The order itself was not available on the White House website when this article was published.

The new executive order comes on the heels of another directive, issued January 20, 2025, that put a freeze on all pending regulations until the new administration has time to review them.

What are TRI supplier notifications?

Supplier notification helps ensure that purchasers are informed that products they purchase have TRI-listed substances. Covered suppliers must send notifications for mixtures or trade name products with TRI chemicals to:

• Their customers if their customers own or operate TRI facilities, or
• Anyone who will later distribute that mixture or trade name product to others who own or operate TRI facilities.

Supplier notifications must include:

• A statement that the mixture or trade name product contains a TRI chemical,
• The chemical name and Chemical Abstracts Service Registry Number (CASRN), and
• The percentage (by weight) of that chemical within the mixture or trade name product.

The supplier notification must be in writing. If you’re required to prepare and distribute a safety data sheet (SDS) for the mixture or trade name product under OSHA 29 CFR 1910.1200, then:

• Your supplier notification must be attached to the SDS, or
• The SDS must be modified to include the required supplier notification information.

Typically, the supplier notification is found in section 15 of the SDS.

Who’s required to send a supplier notification?

Notifications must be provided by a facility or establishment that:

• Has a North American Industry Classification System (NAICS) code that corresponds to Standard Industrial Classification (SIC) codes 20-39;
• Manufactures (including imports) or processes a TRI chemical; and
• Sells or otherwise distributes that chemical within a mixture or trade name product to TRI-covered facilities or others who may, in turn, distribute such a mixture or trade name product to TRI-covered facilities.

If a facility meets all three criteria, then a supplier notification is required with at least the first shipment of the calendar year containing that TRI chemical. For chemicals newly added to the TRI list, notifications must be provided starting with the effective year of the chemical on the TRI list.

What’s the problem?

The National Defense Authorization Act (NDAA) of 2020 automatically updates the list of toxic chemicals subject to TRI reporting. This update happens annually as of January 1 of the year following specific triggering events. (See the preamble to the proposed rule for a list of triggering events.)

EPA must also publish a final rule to update the TRI list in the Code of Federal Regulations (CFRs). However, the problem is these final rules and conforming CFR edits have trailed the January 1 effective date. Stakeholders have questioned whether the supplier notification requirements for such NDAA-added PFAS begin either:

• On January 1, when the PFAS is added to the statutory TRI chemical list; or
• Upon EPA completing a rule to include the added PFAS in the CFRs.

The answer is the supplier notification requirements begin on January 1, when the PFAS is added to the statutory TRI chemical list. Suppliers that wait until EPA issues a rule may run into noncompliance.

What’s proposed?

On January 17, EPA proposed to edit the definition of “toxic chemical.” Specifically, EPA includes in the definition the PFAS that are automatically added to the TRI chemical list pursuant to the NDAA. Such PFAS are effectively TRI-listed chemicals as of the applicable January 1st following specific triggering events.

Put another way, EPA proposes to amend the CFR to confirm that the TRI chemical list includes:

• All chemicals found at 40 CFR 372.65; AND

• Any PFAS that have been automatically added pursuant to NDAA section 7321(c), which is codified at 15 U.S.C. 8921(c)(1).

Because some covered PFAS will not be listed in the CFR right away, the regulated community can find information on the latest NDAA-added PFAS here.

How does it work?

Let’s say a PFAS or class of PFAS is listed as added automatically to TRI on January 1, 2024. That means it was added for reporting year 2024. Supplier notifications would start January 1, 2024. Then, TRI-covered facilities would report for that PFAS or class of PFAS by the July 1, 2025, reporting deadline (and in later years).

Similarly, a PFAS or class of PFAS listed as added on January 1, 2025, means it’s added this reporting year (2025). So, those supplier notifications started January 1, 2025, and TRI-covered facilities would report the PFAS or class of PFAS by the July 1, 2026, deadline (and in later years).

What’s the comment deadline?

According to the proposed rule, comments must be received on or before February 18, 2025.

Key to remember

EPA proposes to clarify the timeline for chemical suppliers. It specifies when to notify customers that a product contains a PFAS regulated under 40 CFR 372. Comments are due by February 18, 2025.

Stormwater discharges

Rain and snow that flow over land or impervious surfaces (like building rooftops and parking lots) and don’t soak into the ground generate stormwater runoff. The runoff can gather pollutants generated by industrial activities at a facility and transport them into nearby waterbodies. Your facility must have a permit to discharge stormwater associated with industrial activities to waters of the United States (40 CFR 122.26).

The NPDES program regulates stormwater discharges from 11 categories of industrial activities, listed at 122.26(b)(14). Examples of covered activities include:

• Heavy manufacturing at chemical plants;
• Treating, storing, and disposing of hazardous waste; and
• Processing industrial wastes at landfills.

Note, however, that construction sites that disturb 5 or more acres (the tenth category) are permitted individually.

The permit contains stormwater control measures (including “best management practices”) to limit pollutants that enter stormwater runoff. Containment systems, employee training, and infiltration devices are all ways to control runoff.

Most states issue industrial stormwater discharge permits. EPA issues individual permits and the Multi-Sector General Permits (MSGPs) to facilities where the agency is the permitting authority. The MSGP is EPA’s general permit for industrial stormwater discharges.

Wastewater discharges

Many industrial processes use or generate water that contains pollutants, referred to as industrial wastewater. There are two types of wastewater:

• Process wastewater (defined at 122.2) refers to water used in manufacturing or processing activities.
• Non-process wastewater refers to water used for activities other than processing products (e.g., sanitary wastewater).

Your facility must have a permit to discharge industrial wastewater to surface waters (122.21(a)).

The NPDES program regulates direct wastewater discharges from industrial sources through rules based on the type of facility and activity. The regulations also have industry-specific requirements for:

• Animal Feeding Operations,
• Mining,
• Oil and Gas,
• Pesticide Applications, and
• Vessels Incidental Discharges.

Effluent limitations are the primary control method for industrial wastewater discharges. EPA establishes Effluent Limitations Guidelines (ELGs) for industrial categories and subcategories. These pollution-reduction performance standards are based on the best available technology that’s economically achievable by facilities in the industry. The ELGs are then incorporated into the permits through effluent limitations.

Additionally, industrial facilities must meet water quality-based effluent limitations when the technology-based standards don’t achieve the required water quality standards. Both industrial stormwater and wastewater discharge permits may include technology- and water quality-based effluent limitations.

As with stormwater permits, most states issue industrial wastewater permits. Facilities in areas where EPA is the permitting authority must obtain either a general or individual NPDES permit.

Check your state requirements!

Because a majority of the states run stormwater and wastewater permitting programs, it’s crucial to check the state regulations. State permits must contain limits as stringent as EPA’s federal permits, and some states may impose stricter limits and/or additional requirements.

EPA’s website lists the states authorized to issue NPDES permits with links to the state agencies that run the NPDES program.

Key to remember: Industrial stormwater and wastewater discharges, and the permits that regulate them, are different.

‘Fire from the Storm’ video

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

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

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

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

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

Cold weather alert

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

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

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

Event summaries issued

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

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

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

The overall data reports provide:

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

However, the latest Volume 1 also reveals:

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

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

Reporting form change

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

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

Key to remember

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

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

Heat NEP extended

On January 16, the agency extended its National Emphasis Program (NEP) on outdoor and indoor heat-related hazards. The program was due to expire April 8, 2025. However, OSHA extended it until April 8, 2026. The program (described in CPL 03-00-024) targets over 70 high-risk industries when a heat warning or advisory is issued for a local area. Inspections are also conducted for heat-related fatalities, complaints, and referrals, no matter the industry.

Between April 8, 2022, and December 29, 2024, OSHA:

• Conducted about 7,000 heat-related inspections,
• Issued 60 heat citations for violations of the General Duty Clause, and
• Handed out 1,392 Hazard Alert Letters.

Amputations NEP extended

OSHA argues that employees are frequently injured when working on or around machinery and equipment. This is especially the case with insufficient guarding and/or energy control procedures. For that reason, on November 18, OSHA directed its offices to continue inspections under CPL 03-00-022 until June 30, 2025. That’s the NEP on amputations in manufacturing. It targets industrial and manufacturing workplaces with machinery and equipment that could cause amputations.

Injury/illness recordkeeping directive revised

Effective January 13, OSHA issued CPL 02-00-172. This directive provides enforcement guidance for 29 CFR 1904, which goes over injury and illness recordkeeping and reporting. The latest directive replaces a 20-year-old CPL.

OSHA says the new CPL reflects updated recordkeeping policies. It also incorporates revisions related to exemptions, employee rights, and electronic submissions. These stem from final rules published in 2014, 2016, 2019, and 2023.

Vessels directive revised

On November 13, OSHA published CPL 02-01-066. The directive concerns the agency’s authority over workers not only on vessels but also at facilities on/adjacent to U.S. navigable waters or on the Outer Continental Shelf.

The new directive provides guidance related to towing vessels, marine construction, and personal flotation devices. It supersedes older directives.

List of low-hazard industries revised

On November 14, OSHA issued a memo with a revised table listing “low-hazard industries.” These industries had days away, restricted, or transferred work injury/illness incidence rates in 2023 below the national private sector average. That national average was 1.5 per 100 full-time equivalent workers.

The table is referenced in CPL 02-00-170, which provides enforcement exemptions and limitations as required by Congress. Check out the article, “Is YOUR location immune from OSHA safety inspections?”

Penalty adjustments revised

On January 7, OSHA issued its memo, “2025 Annual Adjustments to OSHA Civil Penalties.” The memo goes over gravity-based penalty amounts for serious violations. While high gravity violations can reach $16,550, low gravity violations are just $7,093. A maximum $16,550 penalty may be proposed if OSHA thinks it’s appropriate to achieve deterrence.

The memo also offers a table of serious-willful penalty reductions for employer size. For example, an employer with 10 or fewer employees may receive an 80 percent reduction.

OSHA coordinates with EPA under new memo

On December 17, OSHA and EPA entered into a memo of understanding to coordinate protections for workers using chemical substances under two laws. Those include the Toxic Substances Control Act (TSCA) and the Occupational Safety and Health Act. Under the memo, OSHA and EPA will share information on chemical-related priorities, risk evaluation, rulemaking, and enforcement activity.

TSCA regulates the use of chemicals more broadly, while the OSH Act regulates health and safety in the workplace. TSCA also covers a wider range of workers than OSHA, such as volunteers, self-employed workers, and some state and local government workers. That means EPA’s findings and worker protection regulations may differ from OSHA’s.

COVID-19 NEP cancelled

On January 16, OSHA tossed its NEP on COVID-19. According to the agency, this enforcement program (DIR 2021-03 (CPL 03) in place since 2021) was cancelled because of:

• A decline in COVID-19 complaints and inspections in high-risk workplaces in the last 12 months; and
• Updated public health guidance indicating the global health emergency has ended.

SST program future unclear

We’re waiting to see if OSHA will post a new Site-Specific Targeting (SST) Program. Its existing one (CPL 02-01-064) expires on February 7, 2025.

Under the SST Program, OSHA selects random targets of non-construction, non-office, non-government workplaces (with 20 or more employees) that are either:

• "High-rate” establishments with the highest rates of injuries/illnesses; or
• “Upward-trending” establishments with rates above the industry’s national average that trended upward in certain years.

Key to remember

The last administration continued to issue a stream of enforcement instructions for its offices and inspectors up to the last week. Of course, the new administration may revisit all enforcement documents.

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!

Current state: What’s required

An individual is required to successfully complete ELDT to:

• Obtain an initial Class A or Class B CDL;
• Upgrade from a Class B to Class A CDL; or
• Obtain an initial passenger, school bus, or hazardous materials endorsement.

Individuals must complete a course of theory and behind-the-wheel instruction, offered by an entity listed on the Federal Motor Carrier Safety Administration’s (FMCSA) Training Provider Registry (TPR). To be listed on the TPR, an entity must meet specific requirements related to everything from curriculum to facilities.

An individual must successfully complete this training and have proof of completion prior to taking the skills test for the new license or endorsement. In the case of the hazardous materials endorsement, which doesn’t require a skills test, proof of completion must be presented prior to taking the knowledge test.

Challenges faced: ELDT and the modified CDL skills test

One of the more confusing issues that has cropped up in the past year is the implementation of the modified CDL skills test by state driver licensing agencies. Many training providers incorrectly believe the modified CDL skills test has an impact on the ELDT requirements, when actually, the ELDT requirements and CDL skills testing are two separate issues.

The ELDT requirements are not changing, as they are intended to ensure an individual possesses the knowledge and skills needed to safely operate a commercial motor vehicle. They do not address, nor are they intended to directly address the CDL skills test.

What has changed is how state driver licensing agencies conduct the CDL skills test. All states are in the process of adopting a new “modernized CDL skills test.” The modernized test slims down the pre-trip inspection process and basic control portion of the skills test.

The ELDT requirements were never intended to "train for the test." Training that specifically addresses the test is something that may be done by a training provider, but this would be done in addition to ELDT.

Another challenge: The continued increase of providers on TPR

The number of schools and entities that have registered on the Federal Motor Carrier Safety Administration’s (FMCSA’s) Training Provider Registry (TPR) continues to grow.

As of January 30, 2025, there are 39,484 training providers listed on the TPR. This includes:

• 35,703 in-person providers;
• 1,810 online providers; and
• 1,971 traveling providers.

Of these 39,484 training providers, 8,075 offer ELDT to the public. This is an increase of just over 15 percent (15.3 percent) from 2024 to 2025.

Over the past two years (2023 to 2025), the overall number of training providers has grown by 36 percent.

This continued growth has some training providers, motor carriers, and the general public expressing concern, as under the current TPR registration system, ELDT providers self-certify that they meet the criteria to provide ELDT. Until recently, almost all applications were approved, as there was little verification of the information listed on the application.

The road ahead: Addressing concerns and the future

Over the past year, FMCSA started taking steps to address concerns related to the TPR, including:

• A stricter review of TPR applications;
• Posting lists of providers under review and providers removed from the TPR on the TPR website; and
• Working with state partners to ensure training providers listed on the TPR are meeting any applicable state-specific requirements, including registering as a training provider with the state.

It is expected that FMCSA will continue moving forward with these measures. The goal — ensuring those listed on the TPR are meeting regulatory requirements.

Key to remember: With the continued growth of ELDT providers on the TPR, scrutiny by FMCSA is expected to become more prevalent. Providers need to make sure they are following all regulatory requirements.

Pre-tests and post-tests

Pre-tests and post-tests allow trainers to evaluate their drivers’ level of understanding prior to and at the conclusion of training.

The pre-test provides information on the drivers’ current understanding and/or misunderstanding of the subject being presented. It also helps to identify areas that should be focused on during the session.

In addition to serving as a review of the session, the post-test helps a trainer evaluate its effectiveness. The post-test should be used in conjunction with the pre-test to identify any area(s) that may require additional instruction.

Feedback

Distribute a survey as the session is wrapping up, but prior to closing remarks. Make sure enough time is allotted to complete the survey.

Doing this after closing remarks or asking drivers to complete the survey after the scheduled ending time for the training session does not leave enough time for drivers to provide thoughtful feedback.

When creating the survey, make sure it includes both open and closed questions about how drivers are using what they learned in class. This will help in determining the relevance and appropriateness of the topic(s) presented.

Supervisor observations

Supervisors are a valuable resource. They are able to observe a driver’s performance before and after a training session and note changes or improvements.

Make sure supervisors are aware of the training schedule and the subjects being taught. Provide a copy of the training materials to the supervisors.

After the training session, reach out to supervisors on a periodic basis to check on driver progress when it comes to the topics presented.

Measure performance

Compare safety, productivity, or quality measures for the month before and the month after the training.

Again, at the end of six months, compare these same measures to the results for the month prior to and after the training. Look for improvement as well as problems or issues that should be addressed with refresher training.

Key to remember: Effective evaluation of a training session can aid in determining whether the session helped to improve driver job performance.

What is 392.2C?

Section 392.2C is enforcement’s code for “failure to obey traffic control device.” The C stands for control.

The citation appears in the severity table for the Unsafe Driving BASIC (Behavior Analysis and Safety Improvement Category). The violation has been assigned a value of 5 out 10, with 10 being the most severe. The violation is used when calculating both the carrier’s and driver’s Unsafe Driving BASIC scores.

In most instances, the traffic control device is not a signal light or stop or yield sign. Rather, it is the sign that instructs the driver to pull into a weigh station.

Who must pull into a weigh station?

The vehicles that must stop at scales and inspection locations vary from state to state and even from location to location within a state. The “weigh scale ahead” or similar sign should be the driver’s guide.

If the sign reads:

• All vehicles over 16,000 pounds, the driver can safely bypass the scale if under the weight threshold.
• All commercial motor vehicles, the driver should pull in. It is far better to be waived or green lighted through than to be chased down.

Often those who operate commercial vehicles not requiring a commercial driver’s license, such as a large pickup truck or small box truck, mistakenly believe weigh scale inspections are just for larger rigs.

What happens when a driver ignores signage?

If a driver goes past a weigh station without pulling in as directed by a traffic control device, enforcement will pursue and pull over the driver. The officer will then escort the driver back to the weigh station for a roadside inspection.

Even if the driver was honestly confused whether the sign applied to the vehicle, it is too late. And more than likely enforcement’s interest has been piqued. It is highly unlikely the driver will be waived through at this point, and 392.2C will be entered on the roadside inspection report.

Handling violations

CSA’s enforcement model suggests finding the root cause of roadside inspection violations to prevent future occurrences and ultimately improve BASIC scores.

A violation of 392.2C may have one of several root causes, such as:

• Confusion over applicability
• Inattentiveness (missing the sign)
• Running late
• Risky behavior (taking the chance that no one will pursue)
• Concern over other violations discovered once stopped

Whatever the reason, it must be addressed with the driver. Corrective actions range from refresher training to termination. If the driver was trying to avoid enforcement for other reasons (drugs, alcohol, over HOS limits), these other violations need to be addressed accordingly.

Key to remember: Failing to obey a traffic control device will be used in calculation of the CSA Unsafe Driving BASIC scores. Motor carriers should address the root cause of the violation so it does not recur.

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.

‘State and local laws’

A violation of 392.2 is a violation of a local or state law, regulation, or ordinance. These must be obeyed due to 392.2, which reads, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”

The confusion is that there are no paragraphs in 392.2, so there technically should be no letters following that section. However, to inform the driver, carrier, and the Federal Motor Carrier Safety Administration (FMCSA) what particular state or local law or regulation was involved, FMCSA has developed a system of suffix codes. The letters following “392.2” – the “suffix” — show which state or local law or regulation was involved.

When one of these codes is used, the officer should include a description of the specific violation in the “violation details” area on the actual inspection report. FYI: Summary roadside inspection reports (such as the ones visible in CSA’s SMS) do not show these details.

Not all 392.2 violations are used in CSA

Not all of these state and local law or regulation violations are used by the FMCSA for scoring purposes. The Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) does not use the 392.2 violations that cannot be tied to crash causation. Here are a couple of examples: 392.2UCR Failure to pay UCR fee and 392.2W Size and weight are not used.

Most common 392.2 violations

Below are the top 10392.2violations written during 2021. All of these violations are safety-related, and therefore used in the CSA SMS for scoring. The BASIC within the SMS the violation is scored in is shown following the violation description.

1. 392.2SLLS2 Speeding 6-10 miles per hour over the speed limit (Unsafe Driving)
2. 392.2C Failure to obey traffic control device (Unsafe Driving)
3. 392.2LV Lane Restriction violation (Unsafe Driving)
4. 392.2SLLS3 Speeding 11-14 miles per hour over the speed limit (Unsafe Driving)
5. 392.2WC Wheel (Mud) flaps missing or defective (Vehicle Maintenance)
6. 392.2SLLS4 Speeding 15 or more miles per hour over the speed limit (Unsafe Driving)
7. 392.2ML Failure to maintain lane (Unsafe Driving)
8. 392.2SLLSWZ Speeding work/construction zone (Unsafe Driving)
9. 392.2PK Unlawfully parking and/or leaving vehicle in the roadway (Unsafe Driving)
10. 392.2FC Following too close (Unsafe Driving)

Key to remember

In general, FMCSA does not write traffic codes. They rely on local and state agencies to do that. When state or local traffic codes are violated, it appears on a roadside inspection report as a violation of 392.2, with a suffix indicating which traffic code was involved.

1. Over 20,000 workers experienced nonfatal workplace violence in 2020

According to the Bureau of Labor Statistics (BLS), 20,050 workers in private industries experienced trauma from nonfatal workplace violence in 2020, requiring days away from work to recover. These incidents not only disrupt employees' lives but also create significant financial and operational challenges for businesses.

The impact of workplace violence extends beyond physical injuries, often leaving long-term psychological scars on victims.

2. Workplace violence accounted for 740 fatalities in 2023

The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) reported that of the 5,283 fatal workplace injuries in the U.S. in 2023, 740 were caused by violent acts. This alarming statistic highlights that workplace violence is not just about threats and harassment—it can be deadly.

Employers must implement preventative measures such as workplace safety policies, training programs, and emergency response plans to reduce risks and ensure employees' safety.

3. Certain industries face a higher risk of workplace violence

While workplace violence can occur in any profession, some industries experience a higher level of risk. The top five industries most affected by workplace violence include:

• Healthcare and Social Assistance – Workers in hospitals, nursing homes, and psychiatric facilities often face assaults from patients or residents.
• Retail – Cashiers, convenience store clerks, and retail workers are at risk due to robberies and aggressive customers.
• Public Administration – Law enforcement officers, government employees, and social workers often encounter hostile individuals.
• Transportation and Warehousing – Taxi drivers, delivery workers, and warehouse employees face threats from passengers or co-workers.
• Education – Teachers, school administrators, and support staff are at risk from student violence, disgruntled parents, or intruders.

All employers must make an effort to recognize and prevent workplace violence, especially those in the industries listed above.

4. Most workplace violence is not committed by strangers

A common misconception about workplace violence is that it is primarily caused by external threats, such as criminals or unknown attackers. However, less than half (47%) of nonfatal workplace violence incidents were committed by strangers. Many cases involve co-workers, clients, customers, or personal relationships.

This statistic emphasizes the importance of fostering a positive and safe work environment, addressing conflicts early, and providing employees with de-escalation training.

5. Women experience a disproportionate share of nonfatal workplace violence

Workplace violence does not affect all workers equally. Of the 37,210 nonfatal workplace violence incidents in 2023, 65% of the victims were female, according to the Bureau of Labor Statistics. Many of these cases occur in professions dominated by women, such as healthcare, social work, and education.

As mentioned above, many cases of workplace violence are committed by people who have a personal relationship with the victim.

When the perpetrator is an employee’s spouse or domestic partner, they could bring conflicts from home to the workplace. When a victim leaves an abuser, the one place they know the victim will be every day is at work. That’s why domestic violence presents a unique set of challenges for employers, supervisors, and company security staff.

Addressing gender-based violence and implementing targeted safety strategies can help protect female workers in high-risk industries or situations.

What you can do to prevent workplace violence

Workplace violence is a serious issue that affects thousands of workers every year. It is crucial for businesses to adopt proactive measures, such as employee training, security protocols, and conflict resolution programs.

Key to remember: By increasing awareness and fostering a culture of safety, organizations can reduce the risk of workplace violence and protect their employees from harm.

How to know if chiropractic care applies

For a chiropractor to be considered an FMLA health care provider, the employee must have treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist. No X-ray, no FMLA protections.

That requirement is fairly straightforward, but how do you, as the employer, know if the employee has a subluxation demonstrated by X-ray to exist?

Court cases have covered the issue of chiropractors and X-rays, but then, attorneys can obtain evidence (such as X-rays) to help defend a client/employee. If you’re like most employers, you would rather not head to court to determine whether an employee’s treatment did meet the FMLA criteria.

Turn to the certification

If an FMLA certification points to a chiropractor as a health care provider, asking that the certification include such X-ray information should be safe since, without it, you are really unable to determine whether the employee has a serious health condition or not. To help streamline the process, when employees request leave for back issues, you may indicate to them that if they receive treatment from a chiropractor, they will benefit from asking the chiropractor to include such information about X-rays in the certification.

If employees wonder about your request, feel free to explain why it’s important; that you are working on providing the FMLA protections, but might not be able to without the information. Without the FMLA protections, their jobs might not be protected.

If employees persist, you could show them the applicable regulation (29 CFR 825.102) to indicate that you are not simply making this up. The terms are listed alphabetically, and the information on chiropractors is found in the definition of “health care provider” in paragraph (2)(i).

Sharing the regulatory information may lessen the risk of employees thinking you are being overly burdensome. It shows that you are simply trying to comply with the provisions and are protecting employees’ FMLA leave rights.

Lithium-ion battery safety

Lithium-ion batteries supply power to a variety of products we use every day, from smart phones to laptops to electric vehicles. An increase in manufacturing and industrial use of these batteries requires an understanding of the safety and health hazards they pose, and how to protect workers from those hazards.

OSHA’s fact sheet (OSHA FS 4480) is directed towards facilities that manufacture lithium-ion batteries, items that include installation of the batteries, energy storage facilities, and facilities that recycle lithium-ion batteries. It describes the battery’s components; potential, chemical, and safety hazards; safety by design; establishing a safety and health management system; hazard controls; training; OSHA standards; and consensus/industry standards and programs.

Workplace violence

Workplace violence is a growing concern for employers and employees nationwide. It can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths. Although there’s no OSHA standard that addresses workplace violence, the General Duty Clause of the Occupational Safety and Health (OSH) Act requires employers to provide employees a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm.

This fact sheet (OSHA FS 3509) explains who’s most vulnerable to workplace violence (e.g., lone workers, delivery drivers, visiting nurses, retail workers), what employers can do to help protect employees, how employees can protect themselves, and what employers should do following a workplace violence incident.

Safety in semiconductor manufacturing

Semiconductors are used in a range of devices we use every day, from personal computers to smartphones to cars. Due to rapid changes in the semiconductor industry, manufacturing processes and their associated hazards may change completely every few years, making hazard assessments challenging. Common hazards may include exposure to solvents, acid and caustic solutions, toxic metals, and radiation.

Safety in Semiconductor Manufacturing discusses the importance of establishing a safety and health management system, common industry hazards, hazard controls, training, EPA requirements and industry consensus standards, and OSHA standards.

Protecting personally identifiable information (PII)

Establishments that meet certain size and industry criteria must electronically submit case-specific injury and illness data from their OSHA 300 log to OSHA using the agency’s secure Injury Tracking Application (ITA). The data is used to analyze occupational injuries and illnesses and hazardous conditions in workplaces and is made available to the public.

OSHA minimizes the collection of workers’ PII (e.g., name, address, social security number, etc.) during this process and takes steps to ensure data protection. This fact sheet (OSHA 4388) explains what PII is, how establishments can avoid submitting PII through the ITA, and how OSHA protects worker privacy during the collection process.

Whistleblower protection

Employees may file a complaint with OSHA concerning a hazardous working condition at any time. Under the Occupational Safety and Health (OSH) Act, it’s illegal for employers to retaliate against employees who do so. This fact sheet (OSHA 3812) outlines employee protections and explains “adverse actions,” how to file a whistleblower complaint and the deadline for doing so, and what happens once OSHA investigates the claim.

Occupational safety and health for federal employees

Although private employers most often come to mind when we think of OSHA coverage, federal employees also are covered by OSHA regulations. This fact sheet (OSHA 4470) describes what Executive Branch agencies must do to protect the safety and health of federal employees, as well as federal employees’ rights and protections under OSHA.

Key to remember: Employers can look to OSHA’s newly published fact sheets for information and guidance on lithium-ion batteries, semiconductors, workplace violence, PII and whistleblower protections, and how OSHA applies to federal employees.

Why is safety culture critical?

In a strong safety culture, everyone understands the role they play in safety. Employees watch out for themselves and each other. They recognize that taking shortcuts puts them at greater risk for injury, and that injuries affect them at home as well as at work. Supervisors know this also (or should know this) and will not only hold employees accountable for following rules but will also recognize them for positive safety efforts.

Employers with strong safety cultures experience fewer injuries which translates to lower workers’ compensation premiums and less down-time for incidents and investigations. They may have higher employee engagement and lower turnover. For related information, see our article Getting buy-in for safety changes.

Priorities and challenges

The survey also listed six EH&S initiatives and asked respondents to rank them from “most impactful” to “least impactful.” The results were:

1. Fostering a strong safety culture where employees consistently prioritize safety
2. Gaining leadership commitment and visible support
3. Building employee trust and engagement
4. Employee training and education
5. Identifying and addressing the root causes of incidents
6. Demonstrating a positive return on investment

These responses aligned with survey participant comments regarding the challenges of building a strong safety culture and getting management support.

A strong safety culture should make an EH&S professional’s job easier for two reasons. First, the safety manager is not viewed as solely responsible for safety since everyone actively participates and takes personal accountability. Second, the EH&S professional should get more support when safety is not viewed as being in competition with production.

J. J. Keller & Associates, Inc. conducted this EH&S benchmark study to better understand the challenges faced by EH&S professionals. The findings will contribute to a broader understanding of the challenges and help create improvements within the industry. The survey was open to all individuals with responsibilities falling within the realm of environmental, health and safety, with 979 respondents.

Key to remember: Key challenges for EH&S professionals include getting employee buy-in and engagement, shifting the organization’s mindset and culture to prioritize EH&S, and dealing with resource constraints such as time, budget, and staffing.

OSHA’s announcement on helmets vs. hard hats

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

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

The two main benefits of Type II safety helmets

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

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

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

Understanding the different types of head protection

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

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

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

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

Choosing the right head protection for your employees

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

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

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

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

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

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

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

5 steps to material handling efficiency

One key aspect of lean management is the “5S” method. When used for material handling, it can significantly reduce waste, improve productivity, and enhance overall workplace safety.

Find success with these five steps:

1. Sort: Carefully observe the workplace, then sort through any items, equipment, or process steps that aren’t essential for current operations.
2. Straighten: Organize necessary items, equipment, and process steps to ensure logical, efficient, and safe operations. Tools and materials should be easy to find and access, as well as ergonomically friendly.
3. Shine: Implement housekeeping and maintenance procedures that ensure the workplace is kept clean and free of safety hazards. Regular “shining” helps proactively identify and address potential walking or working surface dangers and equipment malfunctions before an injury or incident occurs.
4. Standardize: Create clear and consistent procedures and work practices so workers understand lean management expectations throughout the workplace . Work practices can include something as simple as completing a checklist at the beginning of the shift or end of the workday.
5. Sustain: Regularly evaluate the workplace, policies, and work practices to drive lean management as a habit. Conducting regular audits, providing employee training, and leading by example will help foster a healthy safety culture and ensure continuous improvement.

Learning from the past

Lean management made a name for itself during World War II, a time when resources were scarce, demand was high, and time was critical. Manufacturers were forced to enhance production without compromising quality to keep up with wartime business needs. Lean management, when used strategically, empowers every worker in the organization to identify, communicate, and resolve challenges that does not contribute to company’s optimization and success.

The secret of Toyota’s success was designing their production system around lean management principles where personnel were empowered to stop the moving production line when an abnormality occurred. When this happened, operators, alongside their supervisors, discussed the issue, offered recommendations, and adopted a corrective action that resolved the issue. This strategy not only streamlined the process, but it also improved overall productivity and encouraged engagement from all company stakeholders.

After Ray Kroc purchased the McDonald’s company from Richard and Maurice McDonald in 1961, he put lean management to work by focusing on consistency and standardization. His belief that every restaurant should offer the same menu, quality of food, and customer experience catapulted trust and loyalty from customers and employees. They knew what to expect from McDonald's.

Key to remember: Lean management ensures continuous improvement by reducing safety risk, trimming waste, and ensuring quality. Lean management can also increase profit margins, build a positive safety culture, and impress your customers.

Letters of Interpretation

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

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

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

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

OSHA’s guidance continues

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

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

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

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

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

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

Key to remember

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