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Top 5 universal waste violations and how to avoid them

1. The container crime: Leaving it open - Leaving a Universal Waste container open is a common and costly mistake. When boxes or drums holding items like lamps and batteries are left unsealed or without a proper lid, the risk of contamination skyrockets. If a fluorescent tube breaks, mercury vapor escapes; if a battery leaks, corrosive material spills. An open container is considered a failure to prevent a release, which is a core hazardous waste violation. The fix is simple: close the container immediately. Train designated handlers to ensure containers remain sealed except when adding or removing waste, and use containers specifically designed for UW, such as fiber drums for lamps with secure, sealable lids. If it’s open, it’s a violation waiting to happen.
2. The ticking clock: Missing the accumulation date - Missing the accumulation date is a violation that can cost you. Every Universal Waste container must clearly show the date when the first item was placed inside, and both Small and Large Quantity Handlers have only one year (365 days) to store UW before it must be shipped off-site. Without a visible start date, inspectors will assume you have exceeded that limit. The solution is simple: mark it and track it. Use a permanent marker to write the “Start Date” directly on the container, and do not wait until day 364 to act. A digital spreadsheet or calendar reminder can help you stay ahead, and scheduling vendor pickups between the 9- and 11-month mark creates a critical 30-day buffer against delays or conflicts.
3. The DIY treatment disaster - Attempting to treat Universal Waste on-site is a recipe for violations. Crushing bulbs, mixing incompatible waste streams, or dismantling items to save space may seem efficient, but it is strictly prohibited under UW rules. These regulations are designed to simplify storage and not treatment. Breaking a fluorescent bulb outside of a permitted device not only risks mercury exposure but also constitutes hazardous waste mismanagement. The fix is simple is to train personnel that their role is to store and package waste correctly, not to alter or treat it. Keep fragile items in secure areas where they will not be crushed by forklifts or stacked boxes. Managing UW means preventing breakage, not creating it.
4. The identity crisis: Improper labeling - Improper labeling is a common Universal Waste mistake that can lead to serious compliance issues. Containers marked vaguely such as “Recycling” or simply “Hazardous Waste” fail to meet regulatory requirements and create confusion for inspectors and emergency responders who need instant clarity. The term “Hazardous Waste” applies only to RCRA hazardous waste, not UW, and mixing these labels signals that your team has not properly identified the waste stream. Be specific and clear. Every UW container must include the words “Universal Waste” followed by the exact type of material, such as:
   • “Universal Waste – Spent Lamps”
   • “Universal Waste – Used Batteries”
   • “Universal Waste – Mercury-Containing Equipment”
5. The knowledge gap: Training deficiencies - Training deficiencies are one of the most overlooked Universal Waste compliance gaps. Employees responsible for handling or managing UW must receive documented, recurring training on identification, accumulation limits, and handling protocols. Even the best-written program will fail if the staff placing items into containers do not understand the rules — especially dating and labeling requirements. Without proper training, an audit failure is almost guaranteed. The fix is straightforward — provide documented, annual training. Make sure every relevant staff member understands your facility’s specific UW streams key compliance practices. Maintain clear records of who was trained, when, and on what topics This paper trail is your strongest defense during an inspection.

Keys to remember: Universal waste compliance hinges on keeping containers closed, labeled, dated, and ensuring employees managing these materials are trained and documenting their actions. When your program is consistent, simple, and intentional, you eliminate preventable violations and turn UW management into a predictable, low-risk process.

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.

Trip Planning

Are your drivers planning their trips ahead of time? Do they check the route for potential adverse weather conditions, construction, and changes to traffic patterns? Do they look for truck stops along their route and plan their breaks out? If not, this is a great time to work some of those items into their daily routines. 

Inspections

Do your drivers complete a thorough pretrip inspection before every shift? Are they continuing to inspect throughout the day, as well as upon finishing their days? Do they do the bare minimum to mark it as completed, or are they going above and beyond to ensure the vehicle is safe to drive? 

Defensive Driving

Ask your drivers to reflect on their driving habits. Do they drive defensively? Are they maintaining a good following distance, eliminating distractions, and staying alert and ready to respond to the actions of other drivers? 

Personal health and fitness

Health and wellness goals such as increased activity levels, prioritized sleep schedules, improved hygiene, and healthier diets can help drivers stay more alert while behind the wheel.

Start a new hobby

Oftentimes, being away from home and on the road can get lonely and boring. Encourage your drivers to find new ways to entertain themselves during their free time. Hobbies and leisure activities help relieve stress and allow drivers to start the next day of driving feeling fresh and alert. 

Key to remember: The new year brings new opportunities for your drivers to check in on their existing habits, as well as form new ones.

‘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.

You can still get checked for last year

During roadside inspections, enforcement officials may look for evidence of interstate or international operations during the past registration year. Proof may include:

• Log entries,
• Toll receipts,
• Shipping papers,
• Bills of lading,
• Previous year’s apportioned receipt, and
• Prior roadside inspection reports of interstate or international operations.

Who’s covered?

The program applies to all motor carriers that operate in interstate and international commerce. This includes:

• For-hire, private, and exempt carriers;
• Brokers;
• Freight forwarders; and
• Leasing companies.

Carriers based in Canada or Mexico that operate in the U.S. must also register under the program.

Who’s exempt?

Carriers not subject to UCR include:

• Motor carriers that operate only in intrastate commerce. These carriers do not:
  • Handle interstate or international freight, or
  • Make interstate or international movements.
• Private motor carriers of passengers. These private carriers transport passengers as part of a commercial enterprise. The transport service is not available to the public at large.

Key to remember: Carriers subject to UCR must register and pay by January 1. There is no grace period for compliance.

Details of the paper med card waiver

This waiver applies to both CDL and CLP holders.

Non-CDL drivers aren't affected by this waiver since they're already required to be issued and to carry a paper medical card, which must be in the non-CDL driver's DQ file after each exam.

As a reminder, the two key impacts of this waiver include:

• CDL drivers can use paper medical cards as proof of medical certification for up to 60 days after the certificate has been issued (following the DOT exam) while operating a commercial motor vehicle (CMV).
• Carriers can use the medical card in the DQ file to be replaced by the CDL motor vehicle record (MVR) with the latest medical certification within 60 days.

The waiver’s terms and conditions

The waiver does not apply to:

• A driver who doesn’t have a copy of their current, valid MEC that was issued by a certified examiner 60 days prior; or
• A motor carrier that doesn’t have a copy of its driver’s current, valid MEC that was issued 60 days prior.

Additionally, the FMCSA reserves the right to revoke the waiver if safety conditions are negatively impacted in terms of the goals and objectives of the original order.

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.

What is “work”?

The FLSA doesn’t define “work.” The SCOTUS has explained that an employee “works” within the meaning of the FLSA when the employee is engaged in some kind of activity that is “controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.”

In the case, the employer argued that the Portal-to-Portal Act (PPA) says that employers don’t have to pay employees for time spent “walking, riding, or traveling to and from the actual place of performance of the [employee’s] principal activity or activities” and doing “activities which are preliminary to or postliminary to said principal activity or activities.”

But the PPA covers only travel to the job site that occurs either before the time the work begins or after the principal work activities end. The PPA doesn’t apply to the time between the workday’s start and end

Start and end of the workday

Once the workday has begun, employees are entitled to be paid even if they’re not working at every moment of the day.

For example, a messenger who works on a crossword puzzle while awaiting assignments and a factory worker who talks to his fellow employees while waiting for machinery to be repaired are working during their periods of inactivity.

Employers must pay employees for travel time when employees lack the time to go off duty. Employers can’t claim that the travel period between job sites is part of an employee’s break. They must pay employees for time spent traveling before or after an off-duty period/break.

Employees go off duty when they’re completely relieved from duty long enough to enable them to use the time effectively for their own purposes.

Challenges

This employer said the situation was a challenge because off-duty employees could go wherever they wanted and begin their travel to a client’s home from wherever they wanted, so it was harder to say when they would return to on-duty status.

The employer argued that this theory of compensation was “unworkable” and “would require estimation of the compensable portion of travel” in a manner that would violate the FLSA.

The court said that the employer simply had to make a record so that it and employees had “the most probative facts concerning the nature and amount of work performed.”

The employer also tried to argue that travel wasn’t closely related to the productive work, such as feeding, bathing, providing medication, and dressing their clients. The court disagreed.

An activity doesn’t need to be predominant in some way over all other activities to qualify as principal. The employees were hired to travel and provide care to clients where they reside, rather than meeting them in hospitals or clinics. So, travel was part of their principal activities.

U.S. Department of Labor v. Nursing Home Care Management Inc., Third Circuit Court of Appeals, No. 23-2284, March 5, 2025.

Key to remember: As the SCOTUS makes clear, employers must pay employees for time spent travelling during the workday.

What is PTSD?

PTSD is a mental health condition that can develop after a traumatic event, such as being harassed, especially if the harassment was severe or ongoing. The Scandinavian study showed that frequent harassment increases the risk and severity of PTSD symptoms.

In addition, harassment from a colleague or leader was associated with slightly higher levels of PTSD symptoms than if the harassment was from a customer.

Symptoms of PTSD that a victim of harassment might experience include:

• Flashbacks,
• Intrusive memories,
• Nightmares, and
• Emotional distress triggered by reminders of the harassment.

The impact of sexual harassment may lead to profound anxiety, depression, diminished sense of self-worth, self-blame, and negative self-esteem. Additionally, the trauma of sexual harassment can cause panic attacks and poor sleep, further exacerbating the toll on a victim’s mental well-being.

Broader workplace impact

These mental health effects highlight the need for support and comprehensive care for individuals who have experienced workplace sexual harassment.

Chronic stress and anxiety resulting from the experience can lead to physical ailments, including high blood pressure and cardiovascular problems. These conditions may cause attendance problems and scheduling issues.

In addition, fear of retaliation and emotional turmoil often leads to decreased job satisfaction and reduced productivity.

Employer support strategies

Employers are responsible for creating safe, supportive environments and providing adequate mental health resources for their employees.

Someone who is suffering from PTSD should seek professional counseling as soon as it’s evident that the trauma is interfering with day-to-day life.

An Employee assistance program (EAP) can offer counseling, support groups, and resources for both employees and their families.

Share information about your workplace EAP with sexual harassment victims and explain how counselors can help. If you don’t have a workplace EAP, share information about support groups and other resources in the community.

It's also important to know that PTSD will easily be concluded to be a disability under the Americans with Disabilities Act (ADA) thus qualifying the employee for an accommodation. An accommodation might be as simple as a scheduling change that would allow the employee to attend counseling sessions.

By understanding an employee’s need for support, employers can help them cope during a painful time.

Key to remember: Studies have shown a link between sexual harassment and PTSD. Employers should be aware of this and provide support to victims.

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.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

Carbon monoxide: The silent threat

The danger begins with the air we breathe. Carbon monoxide is frequently called the “silent killer” because it is colorless, odorless, and tasteless. In the winter, the risk spikes as buildings are sealed tight to keep the cold out, inadvertently trapping any gases produced by fuel-burning equipment.

In industrial settings, this might be a propane-powered forklift running in a closed loading dock. In an office setting, it could be a malfunctioning furnace or the improper use of a kerosene heater. Because CO mimics the symptoms of common winter ailments, it is easy to ignore. Employees might complain of a "dull headache," "winter fatigue," or "nausea," assuming they are just coming down with a cold. However, a key red flag for employers is this "cluster effect." If multiple people in the same area begin feeling lethargic or dizzy simultaneously, it is probably not a virus—more than likely it is an environmental emergency. Protecting your team starts with the installation of CO detectors, but it continues with a culture where employees feel empowered to speak up the moment the air feels off.

Air quality to fire safety

Where fuel-burning equipment creates a chemical hazard, electric heating creates a structural one. When the central HVAC system can’t keep up with a January cold snap, the "personal space heater" becomes the most popular tool in the building. While these devices provide immediate relief, they are responsible for a staggering percentage of workplace fires because they are often treated as "plug-and-play" appliances rather than high-powered industrial tools.

The transition from a cozy workstation to a fire hazard often happens through simple proximity. This is where the "Three-Foot Rule" becomes non-negotiable. Whether it is a stack of paper, a plastic trash can, or a winter coat draped over a chair, combustible materials must be kept at a distance. A heater doesn't need to touch an object to ignite it; the constant radiant heat can raise the temperature of nearby materials to their ignition point over several hours.

Beyond the physical placement of the heater lies the electrical strain. A common mistake in office environments is "daisy-chaining” or plugging a space heater into a power strip or an extension cord. Most power strips are designed for low-draw electronics like monitors and phone chargers. A space heater draws a large amount of electricity, which can cause the internal wiring of a power strip to melt or ignite long before a circuit breaker ever trips. To bridge this gap, employers should enforce a "Direct-to-Wall" policy. If a heater cannot reach a wall outlet, it should not be used. This ensures the building’s heavy-duty wiring handles the load, rather than a thin plastic extension cord hidden under a rug.

Strategies

Protecting employees during the winter months requires a much broader view of indoor safety. It isn’t just about checking the furnace or just banning heaters; it’s about managing how we modify our environment. A few winter safety strategies should include:

• The "Last Man Out" Protocol: Assigning a team member to ensure all supplemental heaters are unplugged and not just turned off at the end of the day.
• HVAC Audits: Treating the need for space heaters as a "symptom" that the main heating system needs a professional tune-up or vent cleaning.
• Open Communication: Encouraging a "safety first" mindset where reporting a headache or a hot-to-the-touch power cord is rewarded, not dismissed.

Keys to remember: By addressing the air we breathe and the equipment we plug in as two parts of the same winter safety goal, employers can ensure that the workplace remains a sanctuary from the cold, rather than a source of danger.

Clear exit routes and egress paths

OSHA regulations (29 CFR 1910.37) require that all exit routes remain free and unobstructed at all times. NFPA 101 Life Safety Code reinforces this by emphasizing clear egress paths and proper door operation during emergencies. In winter, snow and ice can quickly compromise these requirements, making it critical to plan ahead.

Design requirements

OSHA’s minimum width requirement of 28 inches applies to the structural component of a permanent exit route. This means the physical design of the exit must meet that standard. However, OSHA also states that exit routes must be “free and unobstructed,” which is where snow and ice become a compliance issue. Even if the structure meets the 28-inch requirement, accumulated snow or ice that narrows the path or blocks access violates OSHA’s intent for safe egress.

NFPA often requires wider exit route dimensions than OSHA’s minimum, especially in facilities with higher occupancy or specific hazards. Because local building codes or municipal regulations may adopt NFPA standards or even stricter rules, it is recommended to verify with your Authority Having Jurisdiction (AHJ) to ensure compliance with any additional requirements.

Performance requirements

Exit doors must open easily without special tools or excessive force, as required by OSHA and NFPA standards. Winter conditions can also compromise this requirement. Snow plowed against exterior doors, frozen gates or crash bars, narrowed sidewalks, and temporary storage of salt bags or heaters near exits can obstruct pathways and delay evacuation. Slippery outdoor stairways and walkways add further risk to safe workplace exiting.

Lighting is equally important. Emergency lights and exit signs must remain visible and functional, but snowbanks, ice buildup, or temporary coverings can block them, creating unsafe conditions and violating regulations. Recommended actions to minimize these hazards can include:

• Inspecting all walkways and exits after snow and ice weather events.
• Removing snow and ice promptly and applying de-icing agents.
• Keeping snow removal supplies and equipment away from exits and walking paths.
• Documenting inspections and corrective actions in a safety log.

Emergency action planning

OSHA requires in 29 CFR 1910.38 that workplaces with 10 or more employees maintain a written Emergency Action Plan (EAP). The EAP should clearly outline procedures for reporting emergencies, evacuation routes, and employee responsibilities including cold weather emergencies for organizations exposed to winter weather climates.

To prepare for winter weather emergencies, start by reviewing your existing plan and adding contingencies for snow and ice. Identify primary and secondary evacuation routes and ensure they remain accessible even during severe storms. Include procedures for clearing snow from exits and walkways and assign specific personnel to each task. Backup lighting should be addressed in case of power outages, and emergency communication systems should be tested regularly to ensure functionality in cold conditions.

Consider adding steps for shelter-in-place situations caused by blizzards or extreme cold. Provide guidance on maintaining indoor heat safely and ventilation for preventing carbon monoxide exposure from temporary heating devices.

OSHA also emphasizes the importance of training and communication as part of an effective emergency preparedness program. Employees must understand evacuation procedures, know their roles during an emergency, and be familiar with winter-specific hazards. This includes recognizing slip hazards, practicing safe walking techniques, and proper use of personal protective equipment.

Supervisors should go beyond basic instruction by conducting seasonal safety meetings that cover winter-specific risks. Training should explain the importance of maintaining clear exits, snow and ice removal priorities, and what steps employees should take if they notice blocked exit routes. Communication tools such as signage, email alerts, and mobile notifications can reinforce these messages during severe weather events. Effective communication ensures employees remain aware of changing conditions and know how to respond quickly and safely.

Key to remember: Winter weather can delay evacuations, so planning ahead is essential. Proactive inspections, updated emergency plans, and training are your best defense against winter hazards like blocked exits and frozen doors.

Choosing a NAICS code

OSHA does not assign NAICS codes. Employers know their operations best and must select the most applicable code. For example, suppose a company engages in both plastics manufacturing and chemical manufacturing. The plastics division has the most employees, but the chemical division generates the most revenue. Which NAICS code should the company use? The company could use either, but might consider the electronic filing obligations.

Plastics manufacturers must file the 300A, 300 Log, and 301 Forms if the establishment has 100 or more employees. However, chemical manufacturers file only the 300A regardless of employee count. This company might choose the NAICS code for chemical manufacturing since that generates the most revenue and would only have to file the 300A.

One location, two establishments?

Normally, a single physical location counts as one “establishment” for injury recordkeeping. In rare cases, a single location with more than one business operation might be divided into more than one establishment. If this happens, each establishment (operation) would maintain a separate 300 Log and could even have different electronic reporting obligations.

The previous example of a chemical and plastics manufacturer probably doesn’t qualify as two separate establishments. OSHA offers an example where two separate business establishments operate from the same physical address. The agency noted, “if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.”

According to the regulation at 1904.46, an employer might consider two or more separate businesses that share a single location to be separate establishments only when:

• Each of the establishments represents a distinctly separate business;
• Each business is engaged in a different economic activity;
• No single NAICS code applies to the joint activities; and
• Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.

If these criteria do not apply, the employer must choose one NAICS code for the entire operation.

Employer Identification Number (EIN)

When preparing for electronic submission of injury records, employers also need to include their Employer Identification Number, or EIN. This is a tax identification number for a company, similar to a Social Security Number, but for a business.

Some locations might have more than one EIN. That does not automatically mean the location constitutes two or more “establishments” for OSHA recordkeeping and reporting. However, if each operation meets the criteria for separate businesses, the employer might maintain separate 300 Logs (and potentially have different e-reporting obligations) for each business operation.

Key to remember: If more than one NAICS could apply, the employer chooses which code to use for electronic filing of injury data. Though unusual, a single location might be divided into separate business operations and treated as two establishments.

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.