TPR audits explained: How to keep your school off the CDL mill list

What’s changing and why it matters

Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:

• Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
• Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
• PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.

Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.

Key areas of impact

• Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
• Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
• PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.

Steps to take now

• Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
• Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
• Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
• Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.

Looking ahead

The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.

Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.

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’s a WCPP?

When specific uses of chemical substances (i.e., conditions of use) in an occupational setting may pose unreasonable risks of injury to employees or the environment, Section 6 of TSCA requires EPA to develop regulations that reduce or mitigate those risks. The agency implements WCPPs to address the risks.

A WCPP requires covered entities to take certain actions in the workplace that shield individuals who engage with the conditions of use from inhalation and/or dermal risk.

Who’s subject to a WCPP?

The requirements of a WCPP may apply to entities that manufacture (including import), process, distribute in commerce, use, or dispose of a TSCA-regulated chemical substance.

The WCPP program extends beyond those who directly handle a regulated chemical substance to anyone in the workplace who’s exposed or who could be exposed to it (e.g., employees, independent contractors, volunteers, etc.).

What are the components of a WCPP?

A WCPP generally consists of multiple elements:

• Exposure limits, such as Existing Chemical Exposure Limits (ECELs), set the amount or concentration of a chemical substance that can be in the air.
• ECEL action levels establish airborne concentration limits that, if exceeded, activate additional requirements (like more frequent monitoring).
• Exposure monitoring measures and compares air concentration levels to the exposure limits.
• Regulated areas establish where airborne concentrations of the chemical substance are above or have a reasonable possibility to go above exposure limits. Facilities limit access to these areas to control exposure.
• An Exposure Control Plan documents the selection and implementation of controls used to reduce exposure. It's developed according to the hierarchy of controls, which mandates that the most protective actions used to reduce hazardous exposures be considered first. The general order is elimination, substitution, engineering controls, administrative controls, and then personal protective equipment (PPE) use.
• Dermal and inhalation control measures may consist of direct dermal contact control measures (like removing the chemical substance at the source before a worker encounters it) and PPE use (such as requiring workers to wear chemical-resistant gloves or use respirators when handling the chemical substance).
• Training applies to workers who are or could be exposed to the chemical substance and typically covers multiple elements of the WCPP (work processes, proper PPE use, and exposure controls, for example).
• Recordkeeping demonstrates compliance with the WCPP. Facilities usually have to maintain records of monitoring results, Exposure Control Plans, regulated areas and those authorized to use them, training, and PPE programs.
• Downstream notifications alert others in the supply chain of WCPP requirements. Manufacturers, processors, and distributors generally provide the required information on a chemical substance’s Safety Data Sheet.

Know the chemical-specific requirements

If your facility is subject to a WCPP, it’s essential to know the regulations that apply to the specific chemical substance. The chemical’s rule will define the conditions of use to which the WCPP applies and may contain different or additional requirements. Also, state or local regulations may have stricter rules that dictate how (and if) your facility can use the chemical substance.

Key to remember: Facilities that use TSCA-regulated chemical substances may have to comply with EPA’s workplace chemical protection program to protect workers and other exposed individuals from unreasonable health risks.

‘Go when you have time’

Scenario: Samantha was selected for a random DOT drug and alcohol test. Her supervisor informed her about the test at the beginning of her shift. She was told she had two hours to show up for her appointment at a clinic that’s 15 minutes away.

Notification error: Drivers don’t have a “window of time” to show up for random tests. The regulations require that drivers immediately proceed to the collection site once they’re notified of a random drug or alcohol test. Giving drivers a cushion (other than travel time) is considered advance notice. In fact, this type of heads-up could:

• Provide a driver with enough time to come up with a substituted urine sample or consume a drug-masking substance.
• Keep a driver from engaging in prohibited behavior (e.g., drug or alcohol use) that they would have otherwise.
• Allow enough time for alcohol to metabolize in the driver’s body.

Drivers CANNOT be given an hour or two to show up at the collection site, and they can’t wait until later or at the end of their shift when it’s more convenient.

Alcohol tests and SSFs

Scenario: Phil is a warehouse employee who occasionally fills in as a driver. He’s in the random pool and was selected for alcohol testing.

Today, Phil is scheduled to work solely in the warehouse operating a forklift. The safety manager approaches Phil and instructs him to go for a DOT alcohol test. Phil goes for testing and blows 0.00% BAC, indicating he was not impaired. All’s good, right? Not quite.

Notification error: Since alcohol is a legal substance, prohibited use is timed around performing safety-sensitive functions (SSFs). A random alcohol test can only be requested right before, during, or right after performing SSFs.

If a driver is working in another capacity at the motor carrier (e.g., working in the warehouse) with no expectation of operating a CDL vehicle, they’re not performing SSFs. The motor carrier is unable to arrange DOT alcohol testing during this shift. The notification must wait until the driver is scheduled to operate or is in readiness to operate a vehicle requiring a CDL.

In this case, the safety manager caught a break — the test was negative. Had Phil’s test result been at least 0.04% BAC, the error would have resulted in a DOT testing violation. The carrier’s designated employer representative (DER) would decide whether to report the failed test to the Clearinghouse or work to cancel the test due to the error.

‘I never received a text’

Scenario: Robert, the company’s DER, received the quarterly list of randomly selected drivers. Randy was selected for drug testing, and Robert knows Randy should be available for testing shortly. Randy just dropped off his load and is on his way back to the terminal, which is about an hour’s drive. Robert texts Randy with instructions to immediately proceed to ABC Clinic which is close to the drop off. Randy doesn’t respond to the text.

The clinic calls Robert stating that Randy never showed up. An hour later, Randy shows up at the motor carrier and is clocking out for the day. Robert asks Randy, “Why didn’t you go for your random drug test? I texted you!” Randy states, “I never got a text.”

Best practice: The regulations don’t restrict the use of electronic notifications. However, in this scenario, Robert is in a difficult position. Does he consider this a refusal to test or take Randy’s word? As DER, he must decide.

Use of text, voicemail, or email isn’t the best choice for remote notifications of random testing. A documented phone call where you speak with the driver backs up any claims of refusal to test.

Notification tips

Your random drug and/or alcohol notifications may require planning. You don’t want to set your driver up for failure or to create a motor carrier violation through improper procedures.

Avoid messy situations:

• Instruct front-line managers on the regulatory basics.
• Prevent scheduling conflicts (e.g., childcare, personal appointments):
  • Don’t notify drivers at the end of their shift if the test may extend into the driver’s free time;
  • Check the driver’s time-off requests (e.g., doctor’s appointment, leaving early for the day, etc.); and
  • Avoid an off-duty notification policy.
• Remind drivers during notification to immediately proceed to the clinic, so there is never a doubt.
• Use the company policy to ensure:
  • Drivers know what “immediate” means, and
  • The DER knows what constitutes a refusal to test.

Key to remember: The element of surprise for random tests helps uncover CDL drivers’ drug use or alcohol misuse. But your timing of these random tests should be far from random.

Staggering statistics

Lives are lost every year in incidents involving moving vehicles and equipment. Tragically, in many cases, these incidents were preventable and serve as a stark reminder that even routine tasks can turn deadly when safety measures are overlooked. These 2025 stories speak loud and clear:

• November 11: A 19-year-old mini excavator operator died after the equipment they were operating slid down a slippery embankment, rolled over, and partially threw the worker out of the vehicle. The excavator landed on the operator resulting in fatal injuries.
• October 27: OSHA is investigating the death of a 27-year-old worker found unconscious inside a freezer with blunt trauma to their lower extremity believed to have been caused by a forklift.
• June 30: A 23-year-old laborer was killed when an excavator bucket crushed them into a concrete structure. The excavator operator didn’t see the laborer when moving the bucket.
• April 15: A 64-year-old truck driver was fatally wounded when the rear dump trailer they were unhooking began rolling down the hill, striking the driver.
• March 21: OSHA has fined three affiliated companies in the vehicle battery industry for safety violations related to the death of 45-year-old worker who was run over by a forklift.
• February 27: A 35-year-old worker sustained fatal injuries from material that fell from a narrow aisle reach truck while walking along a pedestrian walkway.

Historical numbers continue to tell the story:

• While 2024 statistics are still being finalized, an industry estimate of forklift fatalities alone is at 85.
• In 2023, the Bureau of Labor Statistics (BLS) reported 205 fatalities from non-roadway motor vehicle incidents (e.g., forklifts, industrial equipment). The agency also reported 1,942 transportation-related fatalities and 1,252 motorized land vehicle deaths in 2023.
• The National Safety Council (NSC) reinforced the message with a report of 67 workers dying in 2023 alone in incidents involving forklifts, order pickers, or platform trucks.
• In 2022, the BLS reported 1,620 fatalities of transportation and material moving workers, making it the occupational group with the highest number of fatal work injuries for that year.
• Even the Centers for Disease Control and Prevention (CDC) highlights the seriousness with their 2020 report of 150 struck-by fatalities in the construction industry and additional report of 66–87 construction worker struck-by deaths per year from 2011 to 2019.

Keep history from repeating itself

We must do more than just the minimum or wait for inspection results to protect workers from moving equipment and vehicle hazards. Regulations and compliance are the foundation for safety. However, we should strive to use statistics like these to drive conversations in the workplace. Zero in on the areas where your team faces the greatest risk.

• Engage workers in workplace assessments of vehicle use, moving equipment, and heavy machinery operation. The more workers can recognize the hazards while operating dangerous equipment, the more effective they can be with control measures.
• Take your time with training! Avoid the pressure of the clock and include hands-on training for operational skills. Allowing workers to practice real world scenarios gives them confidence they need and you the peace of mind you need.
• Stretch the conversation beyond inspections. Provide daily reminders, encourage near miss reporting, and engage leadership to reinforce safety and compliance daily.
• Implement engineering and administrative controls such as routine maintenance programs and traffic rules, designated travel paths, and visibility aids (e.g., mirrors, alarms).
• Ensure workers are certified in equipment and vehicle operation and are comfortable in operating the equipment. Not everyone is confident handling heavy machinery or moving equipment, which can lead to dangerous situations.
• Practice emergency response procedures for unexpected events like rollovers, load failures, and collisions.
• Remind workers that statistics like these represent a real person who has family and friends whose lives have changed forever.

Key to remember: Statistics aren’t just numbers; they’re lessons. By understanding the data behind moving vehicle and equipment fatalities, we can identify risks, change unsafe behaviors, and create a culture where every decision or behavior puts safety first.

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!

Next steps for commercial carriers

Commercial carriers and drivers who use the above-listed devices must stop using the devices and switch to paper logs or logging software to record their hours of service.

In addition, before February 7, 2026, they must replace the devices with ELDs listed on the FMCSA’s ELD registry and begin using those compliant devices.

ELD providers who correct device deficiencies can be placed back on the list of registered devices. The FMCSA will inform the industry when revoked devices are compliant again.

ELD compliance standards

During the 60-day replacement period, the FMCSA has instructed safety officials to review affected drivers’ hours-of-service data using logging software, paper logs, or the ELD display.

After February 7, 2026, any motor carrier that continues to use the revoked devices will be considered operating without an ELD. Drivers will be placed out of service and cited for “No record of duty status” (395.8(a)(1)).

Review the full list of registered devices at https://eld.fmcsa.dot.gov/List.

To-do before October 1

Get ready for renewal by taking the following steps now:

• File all your highway use tax returns that are due.
• Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
  • HUT,
  • personal income tax,
  • International Fuel Tax Agreement (IFTA),
  • sales tax, and
  • withholding tax.
• Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
• Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. If you have 300 or fewer vehicles, choose either:
   1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
   2. Select HUT/AFC Certificates of Registration to renew specific permits.
4. If you have more than 300 vehicles, choose either:
   1. Renew all to renew all your active current series permits, or
   2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

Why now?

Current regulations were designed for traditional transportation human drivers, crewed aircraft, and manual loading. Automation changes everything. It’s intended to improve efficiency and have fewer human errors, but it also introduces new challenges:

• How do emergency responders access shipping papers when there’s no driver?
• What happens if a drone carrying hazmat crashes in a neighborhood?

PHMSA officials indicate they want to support innovation without compromising safety. To do that, they need input from the hazmat community.

Areas under review

PHMSA’s ANPR outlined several topics where automation could impact compliance:

• Special permits — Should the process be adopted for automated systems like drones?
• Shipping papers and emergency response — How do we provide critical information when no one is on board?
• Hazard communication — Labels and placards work for trucks and railcars, but what about drones?
• Training — If automation reduces human involvement, what does hazmat training look like?
• Security — Cybersecurity risks are now part of the equation.
• Packaging and handling — New platforms may require new packaging standards.

Mode-specific considerations

PHMSA is also looking at how automation affects each mode of transportation:

• Rail — No automated hazmat rail yet, but waivers for automation exist.
• Air — Drones and advanced air mobility systems are already moving toward package delivery.
• Vessel — International efforts are underway for autonomous ships.
• Highway — Driverless trucks could change everything from loading to emergency response.

Your voice matters

PHMSA’s not making changes yet. However, they are gathering input. They want to know:

• What safety concerns and benefits do you see?
• Are current packaging and hazard communication rules adequate?
• How should cybersecurity risks be addressed?
• What economic impacts could these changes have, especially for small businesses

Comments are due by March 4, 2026, and can be submitted via regulations.gov under Docket No. PHMSA-2024-0064 (HM-266).

Key to remember: Automation is coming, and it’s coming fast. Whether you’re a carrier, shipper, emergency responder, or safety advocate, your input will help PHMSA find a balance.

What CEOs expect

The CEO Priorities and Perspectives study from SHRM, released in early December, found that in 2026:

• 40 percent of CEOs are prioritizing the adoption of AI
• 56 percent identify technological advancements as a top macroeconomic challenge
• 54 percent identify adapting to technological advances as a top organizational challenge
• 87 percent anticipate a growing emphasis on collaboration tools
• 87 percent expect AI-driven upskilling and reskilling will be prevalent

What HR can do

To help their workplace capitalize on the improvements AI offers, HR professionals can:

Adopt an AI policy: A policy provides structure, letting employees know when and if it’s acceptable to use AI on the job. It also helps ensure your workforce is using AI in a legal, responsible, and ethical way.

Assess: Across the company, determine where your workers are at with AI. More workers in your company are likely using AI than they were last year, but adoption might not be uniform across your company. Be familiar with the AI tools being used and where AI skills are lacking.

Be future-ready: Bringing AI into the workplace may require a cultural shift. While some areas of the company may be eagerly adopting AI tools, others may not trust the technology. To create a sense of ownership, get input from workers on how AI could enhance their jobs.

Address the stress: Fear and uncertainty about how AI will impact their jobs may be ramping up employee anxiety and impacting mental health. Be open to answering questions and addressing concerns. Also raise awareness of your company’s resources for mental health support through posters, newsletters, and articles on the company intranet.

Upskill and reskill: Help employees adapt to new technologies by upskilling to expand their abilities with AI. Also consider how employees could reskill to prepare for a new role that uses AI. Offer training opportunities through classes, videos, or learning development platforms.

Make training meaningful: Offer opportunities for project-based learning. This could include developing a strategy for implementing AI in a certain role or process, or finding ways to increase a team’s AI skills and proficiency.

Use internal resources: Allow for collaboration across the company. Provide a way for employees to share information about how AI is being used in their areas. Use mentorships and peer support groups to give employees an opportunity to discuss successes, address roadblocks, and brainstorm new ways to use AI.

Key to remember: CEOs are looking for more ways to use AI, and HR professionals can help employees gain necessary skills.

Inpatient care explained

Inpatient care is an overnight stay in a health care facility. If the employee or family member had an overnight stay, it’s an FMLA serious health condition regardless of how many days of work the employee missed.

If the employee or family member did not have an overnight stay, employers move on to the continuing treatment part of the definition.

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

• A period of incapacity of more than three, consecutive, full calendar days, and any subsequent treatment that also involves:
  • Treatment two or more times within 30 days of the first day of incapacity by a health care provider, or
  • Treatment at least once, resulting in a regimen of continuing treatment.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity (or treatment for) a chronic serious health condition requiring treatments at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
• A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
• Any period of absence to receive multiple treatments (i.e., chemotherapy, radiation, physical therapy, dialysis), for restorative surgery, or for a condition that would likely result in a period of incapacity of more than three consecutive, full, calendar days if treatment isn’t received.

Not all parts of the definition above will apply to a particular situation. The only part of the continuing treatment segment that involves three days, for example, falls under the first bullet. For all the other parts, any period of incapacity would be FMLA leave. An employee doesn’t need to miss three days of work.

Focus on incapacity not absence when applying FMLA leave

The period of more than three days applies to how long the individual is incapacitated, not how many days of work the employee missed. If, for example, an employee who normally works Monday through Friday suffers a serious health condition on Friday evening and is incapacitated until Wednesday, the period of incapacity is more than three days. The employee missed only two days of work, but those two days would be FMLA leave.

Failure to designate an absence as FMLA leave when it is called for risks a claim that the employer interfered with the employee’s FMLA rights.

Key to remember: Employees don’t have to miss three days of work to trigger an employer’s FMLA obligations.

PWFA documentation

Under the federal Pregnant Workers Fairness Act (PWFA), employers may ask for documentation supporting an employee’s request for a workplace change because of a limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions in many, but not all, situations.

When it’s reasonable under the circumstances for employers to seek supporting documentation, they may require that it come from a health care provider. Health care providers, however, can include, but aren’t limited to:

• Doctors,
• Midwives,
• Nurses,
• Nurse practitioners,
• Physical therapists,
• Lactation consultants,
• Doulas,
• Occupational therapists,
• Vocational rehabilitation specialists,
• Therapists,
• Industrial hygienists,
• Licensed mental health professionals,
• Psychologists, or
• Psychiatrists.

The health care provider may also be a telehealth provider whom the employees see for virtual visits.

Employers may not require that the health care provider be the one treating the condition at issue. It could come from a different provider. Nor may employers require that the employee be examined by an employer-selected health care provider.

The PWFA documentation provisions are a bit different from those under the ADA. Like the ADA, employers may not ask for documentation:

• When the limitation and change needed are obvious, and the employee indicates the need (self-confirmation); or
• When the employer already has enough information to determine whether the employee has a limitation and needs a workplace change.

Under the PWFA, in addition to the above, employers may not ask for documentation:

• When the employee is pregnant and asks to be allowed to keep water near, have more restroom breaks, be allowed to sit or stand, or take breaks to eat and drink.
• When the reasonable accommodation is related to a time and/or place to pump at work, and the employee simply says it's needed, or
• When employees without limitations don’t have to provide documentation for such accommodations.

Key to remember: Employers must accept documentation from a variety of health care providers under the PWFA, and may not always request it.

1. Start with inclusion

One of the most effective ways to build a safety culture is to involve front-line workers from the beginning. When workers participate in hazard assessments or help pilot new safety initiatives, they’re more likely to take ownership. This sense of ownership makes safety feel like something they control, not just something imposed from above.

For example, a manufacturing supervisor might invite experienced machine operators to help evaluate a new lockout/tagout procedure. Their insights can improve the process and ensure it’s realistic for daily use.

Actionable step:

• Invite workers to join hazard assessments and pilot programs.
• Ask for feedback on new procedures before rolling them out.

2. Define specific behaviors

Vague goals like “improve safety culture” don’t necessarily resonate with workers. Instead, break initiatives into specific, observable actions. If the goal is to reduce slips and falls, define behaviors such as “wipe up spills immediately” or “wear slip-resistant footwear in wet zones.” These clear expectations help workers know exactly what’s required.

Actionable step:

• List out specific behaviors for each safety goal.
• Communicate these behavioral expectations clearly to all team members.

3. Communicate simply and visually

Safety messages should be easy to understand and remember. Use plain language and visuals such as posters, infographics, and short videos to reinforce key points.

For instance, a warehouse might display a visual checklist near the loading dock showing proper lifting techniques and PPE requirements. This keeps safety top-of-mind without overwhelming workers with too much reading required.

Actionable step:

• Use posters and infographics, especially in high-traffic or high-hazard areas.
• Share short videos or visual guides during meetings.

4. Integrate safety into daily routines

Repetition builds habits. Supervisors should weave safety into daily routines through shift huddles, toolbox talks, and pre-task checklists.

As an example, a construction supervisor might start each morning with a five-minute safety briefing, highlighting potential hazards for the day and encouraging questions. These micro-interactions reinforce safety as a shared responsibility.

Actionable step:

• Begin each shift with a brief safety talk.
• Use checklists before starting tasks.

5. Recognize and reward safe behavior

Positive reinforcement is a powerful motivator. Recognize workers who consistently follow safety rules or report hazards. This could be as simple as a shout-out during a team meeting or a small reward like a gift card or company swag. When workers see that safety is valued, they’re more likely to prioritize it.

Actionable step:

• Publicly acknowledge safe behavior.
• Offer small rewards for safety milestones.

6. Provide hands-on training

People learn best by doing. Offer hands-on training that simulates real scenarios. For example, a manufacturing plant might run spill response drills where workers practice containment and cleanup procedures. This experience builds confidence and ensures workers are prepared when it counts.

Actionable step:

• Schedule regular drills and hands-on training sessions.
• Use realistic scenarios to reinforce learning.

7. Make reporting easy and safe

Workers won’t report hazards if the process is complicated or if they fear retaliation. Provide simple, anonymous reporting tools such as mobile apps, paper forms, or even an anonymous drop box. Most importantly, act on reports and communicate what’s been done or not done. Closing the loop shows workers that their voices matter.

Actionable step:

• Set up easy-to-use reporting systems.
• Follow up on reports and share outcomes with the team.

Key to remember: Make safety stick by turning it into something simple and actionable. Empower your team by listening, teaching, and rewarding safe choices. When people feel involved and valued, safety becomes a natural part of the job and a shared responsibility.

Breaking it down

The HazCom standard rose to first place on our list of violations for non-construction employers with less than 100 employees. HazCom is about the employees’ right to understand the hazardous chemicals they are exposed to at work. That standard was followed by the Respiratory Protection and Powered Industrial Trucks standards. Three industries dominated the violations for all three — fabricated metal product manufacturing, repair and maintenance, and non-metallic mineral product manufacturing.

Citations in our top 10 were heavily concentrated in manufacturing industries, perhaps not surprising as these work environments can present a wide range of hazards such as chemicals, moving machinery and equipment, and temperature extremes. However, don’t let that fool you! Any general industry employer could be slapped with the violations in our list, if applicable. Don’t forget that OSHA can use the General Duty Clause (our number 10 violation on the list) to cite serious, recognized hazards for which no regulatory standard exists, such as heat, ergonomics, workplace violence, and unanchored metal racks.

Interestingly, food manufacturers were roped in the top three violators for lockout/tagout and electrical citations. Because employees in this industry may perform equipment maintenance or otherwise be exposed to hazards during this maintenance, lockout/tagout covers these activities. OSHA’s electrical standards are designed to protect employees exposed to dangers such as electric shock and electrocution. Section 1910.303 applies to the examination, installation, and use of electrical equipment, particularly the safety of equipment like appropriate markings, space around equipment, and guarding of live parts. Red flags for OSHA compliance officers are blocked electrical panels, missing markings on electrical panels, and improper use of PPE. Section 1910.305 applies to grounding; temporary wiring; cable trays, boxes, and fittings; switches and panelboards; enclosures for damp or wet location; insulation; and flexible cords and cables. OSHA will look for things like burned electrical outlets, damaged extension cords, and lack of training for employees doing electrical work.

Number six on the list, abatement verification, was a surprise. Under 1903.19, “abatement” means action by an employer to comply with a cited standard or regulation or to eliminate a recognized hazard identified by OSHA during an inspection. OSHA sets a date for hazards to be corrected, and employers must:

• Certify and document that the hazards are corrected;
• Submit an abatement plan and/or a progress report, in some cases; and
• Inform affected employees and their representative(s) about abatement activities by posting a copy of each document submitted to OSHA or a summary of the document near the place where the violation occurred.

Failure to abate a cited hazard can cost you $16,550 per day beyond the abatement date, up to 30 days. That amounts to almost $500,000 per citation in addition to the original penalty amount!

Key to remember: Although the top violators in our list were concentrated in manufacturing in fiscal year 2025, all small, non-construction employers who fall under OSHA jurisdiction can use the top 10 table to strengthen their safety programs, protect their workforce, and reduce their chances of a citation.

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.

Learning from others

In August 2022, OSHA responded to an allegation that the U.S. Postal Service (USPS) was not providing potable water to one of its facilities, nor was there an operating bathroom for workers.

OSHA inspectors discovered that the USPS had not paid water and sanitation bills dating back to February 2022. As a result, in July 2022, the water supply was shut off and was not returned to service until the day after OSHA’s inspection.

It was determined that an employee was required to work at the facility without running water or a usable bathroom for more than a month. The investigation resulted in $13,840 in proposed penalties and serves as a great reminder for others.

Regulatory requirements

OSHA’s sanitation standard applies to all places of employment and requires the following:

• All places of employment shall be kept clean to the extent that the nature of the work allows. 1910.141(a)(3)(i)
• Every workroom floor shall be maintained, as far as practicable, in a dry condition. Where practical, waterproof footgear shall be provided. 1910.141(a)(3)(ii)
• Every floor, working place, and passageway shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings. 1910.141(a)(3)(iii)
• Any receptacle used for putrescible solid or liquid waste or refuse shall be leak-proof and must be thoroughly cleaned and maintained in a sanitary condition. 1910.141(a)(4)(i)
• All sweepings, solid or liquid wastes, refuse, and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary to maintain a sanitary workplace. 1910.141(a)(4)(ii)
• Every enclosed workplace shall be constructed, equipped, and maintained, as far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected. 1910.141(a)(5)
• Potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal service rooms. 1910.141(b)(1)(i)
• Portable drinking water dispensers shall be designed, constructed, and serviced so that sanitary conditions are maintained, shall be capable of being closed, and shall be equipped with a tap. 1910.141(b)(1)(iii)
• Except as otherwise indicated in 1910.141(c)(1)(i), toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with regulations. 1910.141(c)(1)(i) (NOTE: The toilet facility requirements of paragraph (c)(1)(i) do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to nearby toilet facilities which meet the other requirements of the regulation.)
• Lavatories shall be made available in all places of employment. They must also have hot and cold (or tepid) running water, hand soap, and hand towels or blowers provided. 1910.141(d)(2)

Keys to remember

OSHA’s sanitation standard, 1910.141, requires all employers to provide workers with access to clean drinking water, properly functioning restrooms, and sanitary working conditions.

Propping open fire doors is a common violation

Each year, the National Fire Protection Agency (NFPA) reminds employers not to prop open fire doors for convenience. Propping open doors has become a common violation of fire codes after the pandemic because workers didn’t want to become exposed to germs on common touchpoints.

I know firsthand this is an issue at construction jobsites and remember telling workers not to prop open fire doors in our clients’ facilities. Workers were doing this out of convenience because they carried things into and out of the existing facility. Propping open a fire door, or wedging it open, are serious fire and safety hazards. Keep fire doors closed to prevent smoke and fire from spreading into the fire evacuation route, like a stairwell. OSHA and NFPA don’t prohibit propping open a fire exit door but caution employers against doing this for safety and security reasons.

Fire doors must remain closed, although some may be designed to automatically close when fire and smoke are sensed by jobsite fire detection equipment. To reduce the need to disinfect frequently touched points, workers can push open fire doors using their sleeves by pushing against the push bar instead of using their hands. You can also increase housekeeping efforts and the frequency that doorknobs, handles, and push bars are cleaned throughout the shift.