Top RCRA permit FAQs answered

The importance of CPR and early defibrillation

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

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

Signs and symptoms of cardiac compromise

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

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

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

OSHA requirements regarding CPR

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

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

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

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

OSHA requirements regarding AEDs — you might need a prescription

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

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

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

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

Training requirements

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

Keys to Remember

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

What is used oil?

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

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

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

Used oil becomes hazardous waste if:

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

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

EPA requirements for used oil disposal

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

1. Storage Requirements

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

2. Transportation and Disposal

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

Used oil must be:

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

3. Spill Prevention and Cleanup

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

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

OSHA regulations for handling used oil

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

1. Personal Protective Equipment (PPE)

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

2. Hazard communication (HazCom) program

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

3. Fire and Explosion Safety

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

State-Specific used oil disposal regulations

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

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

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

Staying compliant with used oil disposal requirements

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

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

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.

Who’s impacted?

The Third Rule impacts entities subject to RCRA’s manifest regulations. This article focuses on the manifest correction rules that apply to these waste handlers:

• Small and large quantity generators,
• Transporters, and
• TSDFs.

Note that the final rule amends post-manifest correction regulations for other entities, such as exporters, that are beyond the scope of this article.

What are the Third Rule changes?

EPA’s final rule maintains most of the post-receipt manifest data corrections process.

What’s the same?

Specifically:

• Any waste handler named on the manifest may voluntarily submit data corrections at any time,
• Waste handlers can make an unlimited number of voluntary corrections,
• Corrections may be applied to an individual record or batch of them, and
• Submissions must include a signature that's compliant with the Cross-Media Electronic Reporting Rule (CROMERR).

What’s different?

Previously, when EPA or a state regulatory agency requested corrections to data on a manifest, waste handlers weren’t required to make them. The Third Rule now mandates that waste handlers:

• Correct errors on the manifest within 30 days of a corrections request from EPA or a state agency, and
• Make data correction submissions electronically for paper or electronic manifest records.

Post-receipt corrections are made via the Hazardous Waste Electronic Manifest System (e-Manifest) on the RCRA Information (RCRAInfo) system.

The Third Rule also clarifies that receiving facilities (TSDFs) can make corrections only after the manifest is completed (i.e., signed and submitted to the e-Manifest system).

What’s the post-receipt manifest correction process?

Waste handlers submitting voluntary or mandatory post-receipt corrections to hazardous waste manifests must follow the process established at 40 CFR 264.71(l).

Follow this general process on the e-Manifest System:

• Certify that the manifest is complete. It must have the status “Signed-Completed."
• Determine how to submit the corrected data to the e-Manifest system. You can enter the data directly into e-Manifest or upload a file with data corrections to the system.
• Include for each correction submission:
  • The Manifest Tracking Number and date received by the facility associated with the data being corrected,
  • The Item Number(s) of the affected data fields on the manifest form (EPA Form 8700-22), and
  • The previously entered and corrected data.
• Save your corrections. The manifest’s status will change to “Under Correction."
• Re-sign the manifest to certify the corrections. The manifest’s status will change to “Corrected."

Manifest correction FAQs

Check out some top questions and answers about post-receipt manifest corrections.

What manifest information can I correct?

The type of waste handler your facility is considered determines which items on the manifest you can change for voluntary corrections or must change for mandatory corrections. Typically:

• Generators correct data in Items 1–15;
• Transporters correct data in Items 6–7, 14, and 17; and
• TSDFs correct data in Items 14 and 18–20.

What user role do I need on RCRAInfo to submit manifest corrections?

You must be registered in RCRAInfo as a user with the e-Manifest Certifier or Site Manager role for the facility’s site to submit manifest corrections.

What’s the CROMERR certification?

EPA requires manifest correction submitters to use a CROMERR-compliant electronic signature, which requires a higher level of identity proofing than the Quick Sign signature.

Can I revert to a previous manifest version?

Once the corrected manifest has been signed, you can’t revert it to a previous version. The e-Manifest system does, however, let you view all versions of the manifest.

Can brokers sign corrected manifests?

Although brokers can initiate a manifest correction for generators, they may not sign a corrected manifest unless they (a) operate at the generator’s facility and (b) can sign the manifest as an offeror of the waste shipment.

Key to remember: EPA’s Third Rule updates the process for making data corrections to RCRA hazardous waste manifests.

What happened?

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

1. Implement a robust hazardous waste management plan

A hazardous waste management plan should:

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

2. Train employees on hazardous waste handling

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

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

3. Conduct routine inspections and audits

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

4. Use licensed and certified waste disposal services

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

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

5. Secure and label waste properly

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

6. Reduce hazardous waste by using safer alternatives

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

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

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

Changes to the forms

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 the new expiration date of March 31, 2028, and a revision date of March 27, 2025. The address in the Public Burden Statement at the top of the form was also updated. FMCSA reviews and updates these forms regularly, and the Office of Management and Budget must approve the final versions.

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.

CDL driver medical certification update

Another important update affects commercial driver’s licensed (CDL) drivers. By June 23, 2025, the process for updating CDL drivers’ medical certifications will be easier. By this date, all State Driver Licensing Agencies (SDLAs) must be connected to the National Registry of Certified Medical Examiners (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 then appear on the motor vehicle record (MVR). A copy of a CDL driver’s MVR must be in the driver’s qualification file after each exam.

FMCSA still requires a copy of a non-CDL driver’s medical card to be in the driver qualification file. This process is not changing for non-CDL drivers.

What’s changing by June 23, 2025:

• CDL drivers won’t need to self-certify their medical cards with the SDLA because this will be done through the NRCME to SDLA connection.
• Carriers won’t need to note that the examiner was on the NRCME on the date of the exam.

CDL drivers and carriers should check the SDLA websites for their transition dates and instructions on CDL driver medical certification.

What’s not changing on June 23, 2025:

• CDL drivers need to verify their driving type when they get a new CDL or Commercial Learner’s Permit (CLP), or when they upgrade or renew their CDL. They must choose one of the following:
  • Non-excepted Interstate (requires medical certification)
  • Excepted Interstate (DOT exam not required)
  • Non-excepted Intrastate (intrastate-only and medical certification required)
  • Excepted Intrastate (intrastate-only and DOT exam not required)
• Carriers must place a CDL motor vehicle record (MVR) in the driver qualification file after each exam. The number of days allowed for this may decrease from the current limit of 15 days.

Overall, carriers, CDL drivers, and medical examiners must understand how the medical certification changes will impact keeping medically qualified drivers on the road.

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!

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.

How these laws work together

Federal laws provide a baseline on which state laws can, and often do, build upon. Where federal laws have gaps, state or local laws serve to fill in. Some details to keep in mind include:

• Laws don’t generally contradict each other, but often overlap or intertwine.
  • Employee leave, for example, which falls under both federal and state laws can usually run concurrently.
• The state employment laws of the state in which the employee works govern. It doesn’t generally matter where the employee lives or where the corporate office is.
  • If, for example, an employee works from their home in Minnesota while the corporate office is in Illinois, the Minnesota employment laws apply to the employee.
• One law doesn’t generally supersede another; employers must look at all provisions of the applicable laws and apply the one that gives employees the greater benefit.
  • If, for example, a municipal ordinance’s minimum wage is $15 per hour, while the state minimum wage is $14 and the federal minimum wage is $7.25, employees who work in the municipality must be paid $15 per hour.

Common themes

Topics that many state laws govern include:

• Minimum wage*
• Employee leave*
• Sexual harassment training
• Pay transparency*
• Meals and breaks
• Child labor

*These have currently seen several changes.

Employers should regularly review and update workplace policies and handbooks to reflect changing requirements.

How to stay up to date

Employers must stay informed of applicable employment law changes. Finding resources to help notify them of changes can help. These can include government entities. Other sources include services that track such changes, such as J. J. Keller’s® Compliance Network™.

Whichever method employers use, they might assign a specific individual (or individuals) responsible for tracking developments.

Key to remember: Learning about the various employment laws and applicable changes continues to be a challenge for employers.

Two studies

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

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

Findings

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

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

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

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

Recommendations

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

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

OSHA and NIOSH guidelines

Five OSHA guidelines relate to the studies:

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

NIOSH recommendations offer more:

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

OSHA’s ongoing agreement with FSIS

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

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

Related legislation

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

Key to remember

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

3 reasons why recruiting and hiring are difficult

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

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

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

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

How does remote work fit in?

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

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

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

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

It’s more than finding the right employees

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

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

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

Steps employers can take for a smoother process include:

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

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

What prompted the concern?

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

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

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

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

Trusting the worker

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

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

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

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

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

If we purchase a chemical from a local store, is it exempt from HazCom?

Assuming the chemical is, in fact, a hazardous chemical by definition, the answer depends. The standard contains 12 exemptions at 29 CFR 1910.1200(b)(6), which may apply to your situation. Often employers can spot an exemption for some of their hazardous chemicals, so it’s worth checking the list.

Consumer products, for instance, are exempt if they’re only used at work as intended by the manufacturer or importer and that use is in a duration and frequency no greater than the range a consumer would reasonably experience. On the flip side, if a consumer product is not used as intended or is used longer or more frequently than a reasonable consumer would, it is covered by the HazCom standard.

In many cases, OSHA lists a substance as exempt at paragraph (b)(6) because it’s regulated by another OSHA standard or another federal agency. In this way, OSHA did not duplicate employer efforts with a HazCom requirement. Hazardous waste covered under EPA’s Resource Conservation and Recovery Act (RCRA), is an example.

If a contractor brings a hazardous chemical into our facility to perform work but our employees aren’t exposed and there’s no potential for exposure, do we need an SDS for it?

If there’s no exposure or potential for exposure to your own employees during normal operating conditions or in a foreseeable emergency, then you don’t need a safety data sheet (SDS) for that hazardous chemical. To help make that determination, see the term “exposure” as defined in 1910.1200(c).

As a contractor specializing in overnight cleaning, we sometimes assign associates to different sites. Would it be compliant to use one binder across multiple locations?

The HazCom Standard does allow you to maintain a single binder at the primary workplace, provided workers can immediately obtain the information in an emergency. This is explained at 1910.1200(g)(9): “Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the safety data sheets may be kept at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency.”

OSHA offers further clarification in CPL 02-02-079, the agency's guidance document for its inspectors: “If the SDSs are stored at the primary workplace, the employer must ensure there is no delay in a worker receiving a requested SDS while at any mobile, remote, or temporary worksite.

“Access may be accomplished by having a representative always available at the primary workplace or through other technological means (e.g., email, smart phone, electronic tablet).

“The employer must address in their written hazard communication program how SDS information will be conveyed to remote worksites.”

How often do SDSs have to be updated?

From an SDS creation standpoint, when the manufacturer, importer, or employer preparing the SDS becomes aware of any significant information regarding a chemical’s hazards, or ways to protect against the hazards, the new information must be added to the SDS within three months. This is spelled out at 1910.1200(g)(5).

However, as an employer maintaining SDSs for the covered hazardous chemicals in your workplace, the requirement is to keep the most recently received SDS for the product. You’re not required to seek out a newer SDS. It’s worth noting that other countries may require employers to replace SDSs that are a certain age. However, that’s not the case in the U.S.

Can we still use NFPA or HMIS® labels for workplace labels or did that change with the revisions to HazCom last year?

OSHA’s revisions to the HazCom Standard in May 2024 didn’t change the requirements at 1910.1200(f)(6) for workplace (in-house) labels. Let’s take a closer look at that paragraph.

While you’re still not required to relabel incoming containers of hazardous chemicals that are already properly labeled, some employers choose to do so. Additionally, if you transfer chemicals from one container to another, and that container doesn’t meet the “immediate use” definition, it still must be labeled under paragraph (f)(6).

When coming up with an in-house label, one option is to use the same label elements as those required on “shipped” containers of hazardous chemicals, found in paragraphs (f)(1)(i) through (iv), without the supplier information. The second option is to use the product identifier and words, pictures, symbols, or a combination of these, which provide “general information” of the chemical’s hazards. The HMIS® or NFPA® system may be used to meet the second option, though you must ensure employees are trained to use and understand the system. Plus, any OSHA chemical hazards missing from the rating system must be added to the label to make it OSHA compliant.

Could you please help me get a big-picture view of the NFPA® and HMIS® labeling systems?

National Fire Protection Association (or NFPA) is a leading expert in fire safety and prevention. One of its consensus standards, NFPA 704, Standard System for the Identification of the Hazards of Materials for Emergency Response, offers a marking system to help emergency responders determine chemical hazards in a building or storage area. This NFPA® system uses a square-on-point configuration with:

• Four hazard quadrants to depict health (blue), flammability (red), instability (yellow), and special hazards (white); and
• Five ratings ranging from zero (no hazard) to four (severe hazard) to indicate the degree of severity for each hazard. Plus, special hazards are depicted by certain letters.

HMIS stands for Hazardous Materials Identification System, an in-house labeling system copyrighted by the American Coatings Association (ACA). It was originally developed for use by the paint manufacturing industry to indicate chemical hazards in the workplace. The system has since spread to other service and manufacturing industries. HMIS® labels appear as a rectangle-shaped block of colored bars with hazard ratings of zero through four, plus personal protective equipment symbols/letters and a carcinogen indicator.

Key to remember: OSHA’s HazCom Standard continues to pose a challenge for employers and safety professionals. Feel free to submit your questions through our Expert Help feature and our regulatory experts will respond to you within one business day.

What types of distracted driving occur at work?

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

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

Common distractions on the job

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

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

Preventing distractions

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

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

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

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

Why pre-job planning matters

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

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

OSHA training requirements

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

The training must cover:

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

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

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

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

Preventing falls with pre-job planning

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

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

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

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

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

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

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

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

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

Preventing falls with regular toolbox talks

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

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

Remind workers to:

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

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

Building a culture of fall prevention

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

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

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

Bottles vs. other eyewashes for emergency equipment

The OSHA standard does not provide a great deal of detail on eyewashes for employers. However, where the regulation is silent, OSHA refers employers to the American National Standards Institute (ANSI) standard Z358.1-2009, “Emergency Eyewash and Shower Equipment,” regarding installation, operation, and maintenance of emergency eyewashes. This includes capacity and flushing requirements. The ANSI standard states that an eyewash must deliver 0.4 gallons of flushing fluid per minute for at least 15 minutes.

As such, ANSI says that an eyewash bottle does not meet these criteria; therefore, it can only be used to support eyewashes that do (i.e., plumbed and self-contained units), but cannot replace them.

Capacity of eyewash bottles

The reason for this limitation is that eyewash bottles simply cannot provide the required 15 minutes of flushing. Eyewash bottles typically hold less than a gallon of water, which would supply the user with flushing fluid for approximately 1 minute. Even larger self-contained units (those with bladders) that have a capacity of 5 to 10 gallons would only provide maximum use of about 5 minutes.

In other words, eyewash bottles don’t provide an adequate amount of flushing fluid and cannot be considered a primary means of protection.

Limitations of using eyewash bottles

For this reason, OSHA warns that the use of eyewash bottles should be limited. In a 1986 memorandum to Regional Administrators, the agency states, “In general, squeeze bottles should not be used except where the hazard severity or distance from plumbed eyewash equipment requires personal equipment at work stations for immediate flushing prior to prolonged flushing at a plumbed or self-contained unit.”

In other words, employers can provide eyewash bottles in instances where plumbed or self-contained units can’t reasonably be provided (e.g., an outside yard) in the immediate work area, but only until they can reach a unit which can provide the amount of flushing fluid necessary to flush the eyes for at least 15 minutes.

OSHA expects the employer to determine the level of the potential risk to employees and provide eyewash (and/or shower) protection accordingly. The severity of the hazard(s) involved is a critical consideration when making this determination. In the past, OSHA has said that 1910.151(c)is meant to cover strong acids and alkalis, and the requirement to provide suitable facilities for quick drenching or flushing depends on the exposure and the strength of the hazardous chemical. Chemicals and materials such as household detergents or cleaners, sawdust, metal filings, etc. would not require emergency eyewash (or shower) under the standard.

OSHA enforcement on eyewashes

If an employer determines that an eyewash is needed, then it must meet the provisions set forth in the American National Standards Institute (ANSI) standard Z358.1. The agency uses the ANSI standard as an enforcement tool. This is clarified in a November 1, 2002, Letter of Interpretation, which says, “If OSHA inspects a workplace and finds unsuitable facilities for quick drenching or flushing of the eyes and body, a citation under 29 CFR 1910.151(c)would be issued. When determining whether the eyewash or shower facilities are suitable given the circumstances of a particular worksite, OSHA may refer to the most recent consensus standard regarding eyewash or shower equipment…”

Without the ANSI standard, employers would find it difficult to demonstrate to OSHA exactly how their eyewash and shower units were suitable exclusive to the regulatory language under 1910.151(c) since it’s limited and vague.

Key to remember

Eyewash bottles don’t meet the requirement under 1910.151(c) to provide “suitable” facilities for quick drenching or flushing of the eyes. They cannot be the only eyewash provided in the workplace.

Alternative glove selection for COVID-19

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

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

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

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

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