Training Blueprint--Effects of drug and alcohol use

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.

When captured dust becomes a regulated waste

Under EPA regulations, most collected dust qualifies as a solid waste once it’s removed from a dust collector, hopper, or filter. And despite the name, “solid waste” doesn’t mean solid, benign, or harmless. It simply means a discarded material. At that point, facilities are expected to determine whether the dust is hazardous or non-hazardous under the Resource Conservation and Recovery Act (RCRA). This determination is based on what the dust contains, not how dusty it looks or how long it has been managed that way. Dust generated from metalworking, surface coatings, chemical processing, plastics, or specialty manufacturing can contain regulated constituents such as heavy metals or chemical residues. In these cases, facilities are required to make a waste determination using process knowledge, testing, or a combination of both. This step is often overlooked. Many companies assume that if dust has not caused problems in the past, it must be non-hazardous. Unfortunately, regulators do not accept assumptions as documentation. If there’s no clear waste determination on file, that alone can be cited during an inspection. Misclassifying dust can also have ripple effects. If collected dust is later found to be hazardous, the facility may face issues related to improper disposal, incorrect generator status, or even cleanup liability at the disposal site. What began as a routine housekeeping task can suddenly become a significant compliance issue.

Storage, Disposal, and the Risks of Getting It Wrong

Even when dust is correctly identified as non-hazardous, it still needs to be managed properly. Open containers, poor labeling, and inconsistent handling practices are common findings during inspections. These issues are often viewed as minor, but they can quickly escalate if dust is released, mixed with other waste streams, or stored improperly. Recycling adds another layer of complexity. Many facilities recycle metal dusts or other recoverable materials, which can be a smart environmental and economic decision. However, recyclable does not mean unregulated. Dust being recycled still needs to be stored safely, managed to prevent releases, and documented as legitimate recycling. Without proper controls, regulators may view the material as improperly managed waste. Outdoor storage creates additional risk. Dust stored outside, transferred outdoors, or tracked out of the building can easily become a stormwater concern. Even non-hazardous dust can be considered a pollutant if it migrates off-site during rain events. This is a frequent source of violations under stormwater permits and Stormwater Pollution Prevention Plans (SWPPP), especially when dust management isn’t addressed in the plan. Another common issue is mixing dust with general trash or other waste streams. Once mixed, otherwise manageable dust can become more difficult or impossible to classify correctly. This can complicate disposal, increase costs, and raise questions during audits or inspections. What makes dust especially challenging is that responsibility for it often falls into a gray area. Safety teams may assume environmental is managing disposal. Environmental teams may assume safety has already classified the material. When no one clearly owns the waste determination and disposal process, gaps are almost guaranteed. The most effective facilities treat dust as a waste stream that deserves the same attention as any other regulated material. They document waste determinations, define storage and labeling requirements, train employees on proper handling, and periodically revisit those determinations as processes change.

Keys to remember: Captured dust doesn’t stop being regulated once it leaves the air. Understanding whether collected dust is hazardous or non-hazardous, how it must be stored, and where it can legally go is essential to staying compliant.

What are S Codes?

In January 2025, EPA added S Codes to the list of Management Method Codes, which identify the type of waste management system used to treat, recover, or dispose of a hazardous waste. Management Method Codes are used for:

• The Uniform Hazardous Waste Manifest (EPA Form 8700-22) and Continuation Sheet (EPA Form 8700-22A); and
• The National Biennial RCRA Hazardous Waste Report (EPA Form 8700-13 A/B), known as the Biennial Report.

S Codes apply to receiving facilities (primarily treatment, storage, and disposal facilities (TSDFs)) that temporarily store and then transfer regulated hazardous waste to another receiving facility without treating, recovering, or disposing of the waste. EPA established S Codes to provide more details than code H141 on waste handling activities, improving tracking and transparency. S Codes indicate two things:

• A hazardous waste was received to be stored or transferred; and
• The hazardous waste will be managed later by the final receiving facility using a certain method (i.e., the final management method).

EPA groups S Codes into three categories:

• Transfer off-site for reclamation and recovery,
• Transfer off-site for destruction or treatment prior to disposal, and
• Transfer off-site for disposal.

Each S Code corresponds to a specific final management method. Examples of these methods include metals recovery (S010), chemical treatment (S070), and landfilling (S132).

What’s required?

On January 1, 2027, EPA will remove Management Method Code H141 for Storage and Transfer from the e-Manifest and the Biennial Report forms. As a result, hazardous waste handlers must use S Codes instead of code H141 on manifests and the Biennial Report.

S Codes apply to RCRA hazardous waste that’s transferred off-site, impacting:

• Receiving facilities that store and transfer hazardous waste;
• Permitted TSDFs that receive hazardous waste solely for temporary storage and transfer (i.e., it’s the facility’s only management type); and
• Large quantity generators (LQGs) that report wastes shipped to transfer facilities on the Biennial Report.

Hazardous waste manifests

The first receiving TSDF is responsible for choosing and entering the S Codes on manifests. The storage and transfer facility must:

• Identify the S code that best describes how the hazardous waste will be managed by the final receiving facility, and
• Enter the S Code in Item 19 on the manifest and in Item 36 on the continuation sheet (if used).

Generators aren’t responsible for selecting or entering S Codes.

Biennial Reports

LQGs and TSDFs must use S Codes for the Biennial Report on the:

• Waste Generation and Management (GM) Form in Item 3, and
• Waste Received From Off-site (WR) Form in Item F.

LQGs use S Codes on the GM Form for shipments of hazardous waste off-site to a transfer facility for temporary storage and transfer.

TSDFs that receive hazardous waste for temporary storage and transfer off-site use S Codes on the WR Form. These TSDFs must also use Source Code G61 on the GM Form to report shipments of these transferred wastes.

How can facilities prepare?

Help your facility achieve a smooth shift to S Codes by January 1, 2027, with these tips:

• Identify where your facility currently uses code H141.
• Develop a process for transitioning to S Codes exclusively. Consider any changes your facility may need to make to its operations, such as updating software, adjusting procedures, and revising internal guidance documents.
• Train your employees accordingly.
• Set a deadline for making the switch to S Codes. Aim for a date well ahead of January 1, 2027, to give your facility enough time to address any issues that arise.

Key to remember: Starting in 2027, storage and transfer facilities must use S Codes in place of code H141 on RCRA hazardous waste manifests and Biennial Reports.

What is used oil?

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

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

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

Used oil becomes hazardous waste if:

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

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

EPA requirements for used oil disposal

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

1. Storage Requirements

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

2. Transportation and Disposal

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

Used oil must be:

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

3. Spill Prevention and Cleanup

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

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

OSHA regulations for handling used oil

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

1. Personal Protective Equipment (PPE)

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

2. Hazard communication (HazCom) program

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

3. Fire and Explosion Safety

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

State-Specific used oil disposal regulations

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

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

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

Staying compliant with used oil disposal requirements

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

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

Troubleshooting Motus issues

Many carriers are running into obstacles when registering for Motus. The most frequent issue is not being able to claim DOT numbers, and the most common reason for this is that the carrier didn’t update its information before the deadline.

For example, only the company official can claim your USDOT number. This means that if your company official left earlier this year and you didn’t update this information in your portal, then you won’t be able to claim your USDOT number.

If you’re struggling to get your Motus account set up or claim your USDOT number, you must contact FMCSA at 800-832-5660. FMCSA will only work directly with the motor carrier at this point. Once you have set up your account, you can then grant permissions to other individuals — both within and outside of your organization.

Motus watchouts

Motus gives you more control over your registration, but it also puts more responsibility on you. For example, Motus has simplified applying for operating authority, but knowing which authority your company needs remains unclear. Obtaining the incorrect authority type can be costly, and making mistakes on your application can lead to long delays.

Without the correct authority in place, you may run into:

• A delay in approval, which would lead to a delay in beginning operations.
• Additional application fees, as you may need to reapply.
• Compliance issues, which could lead to expensive fees, audits, or even being placed out of service.

Key to remember: FMCSA has rolled out the first phase of Motus, which aims to streamline and simplify compliance, but it also comes with a few additional challenges for motor carriers.

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 the NSC?

In 1987, the federal, provincial, and territorial Ministers responsible for Transportation and Highway Safety recognized that due to the deregulation of transportation, there was a need for harmonization and reciprocity in the management of commercial vehicles across Canada. The ministers then signed a memorandum of understanding to develop and implement the NSC to encourage road safety, promote efficiency in the motor carrier industry, and achieve consistent safety standards. The National Safety Code standards remain important instruments of public policy in promoting public safety and the safe and efficient movement of people and goods on Canadian roads.

What are the 16 standards?

The NSC is a set of minimum performance standards, applying to all persons responsible for the safe operation of commercial vehicles. There are 16 NSC standards made up of the following:

• Standard 1 Single Driver Licence Concept
• Standard 2 Knowledge and Performance Tests (Drivers)
• Standard 3 Driver Examiner Training Program
• Standard 4 Driver Licencing Classification
• Standard 5 Self-Certification Standards and Procedures
• Standard 6 Determining Driver Fitness in Canada
• Standard 7 Carrier and Driver Profiles
• Standard 8 Short-Term Suspension
• Standard 9 Commercial Vehicle Drivers Hours of Service
• Standard 10 Cargo Securement
• Standard 11 Maintenance and Periodic Inspection
• Standard 12 CVSA On-Road Inspection
• Standard 13 Trip Inspection
• Standard 14 Safety Rating
• Standard 15 Facility Audits
• Standard 16 Entry Level Training (Class 1)

Now that we have a better understanding of what the NSC represents and what the 16 standards are, let’s take a deeper dive into the standards that apply, starting with Motor Carriers.

NSC Standard 14 — Safety Rating

You might be wondering why we are starting with Standard 14. All provinces in Canada are required to issue an NSC number to all commercial carriers in their governing jurisdiction. A Safety Fitness Certificate (SFC) contains the NSC number, which is the unique identifier for each commercial operator. Ontario calls this number a Commercial Vehicle Operator’s Registration or CVOR.

If you have registered a vehicle that is regulated under the National Safety Code program in Canada, you are required to apply for a SFC or CVOR (Ontario). The SFC or CVOR gives you permission to operate a commercial vehicle.

There have been many new changes recently to the process of not only applying for an SFC but also in maintaining the required certificate. For example, in Alberta, it includes completing an NSC knowledge test online or NSC in a registry office, completing an NSC audit within 12 months of obtaining your SFC, and renewing your certificate every three years.

A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has determined that the undertaking has a “satisfactory”, “satisfactory unaudited” or “conditional” safety rating, as set out in section 5 of Part C of NSC Standard #14.

Safety Rating Categories

Responsibility for motor carrier safety resides, first and foremost, with motor carrier management. The Safety Rating Standard (Standard 14) establishes the motor carrier safety rating framework by which each jurisdiction shall assess the safety performance of motor carriers. There are four safety rating categories as follows:

• Using the information in the motor carrier profile;
• Assigning a value to each of the data listed in the motor carrier profile taking into account its severity and potential safety impact, in accordance with the National Safety Code Standard 7, Carrier Profile:
  • For the 24 months preceding the determination; or
  • In the case of a motor carrier whose motor carrier profile was established less than 24 months prior to the determination, for the period since its establishment;
• Normalizing the weighted data using the motor carrier’s fleet size to reflect the motor carrier’s exposure to risk; and
• Assigning a safety rating to the motor carrier in accordance with the safety rating categories.

The NSC’s safety fitness rests on three building blocks:

• NSC Standard 7: Carrier and Driver Profiles
• NSC Standard 14: Safety Rating
• NSC Standard 15: Facility Audit

Together, these standards provide the safety rating and management framework by which each jurisdiction assesses the safety performance of motor carriers. In part 3, we’ll cover Standards 7 and 15 in greater detail.

Key to remember: We have just touched the surface of the NSC standards and covered likely one of the most important when it comes to maintaining a safe rating and compliance with Jurisdictional regulations.

Submitting employees to drug tests

Can motor carriers drug test their drivers? The short answer is no. Canada does not have a federal regulation that requires drug testing for drivers. However, this does not mean that Canadian motor carriers cannot implement and enforce a drug and alcohol policy for their drivers. In fact, many carriers have developed successful policies that minimize the risk of getting in trouble with the law and ensure the safety of their drivers and the public.

For the most part, drug testing not only violates the Human Rights Code, but it is also a gross infringement on an individual’s reasonable right to protection of privacy. Motor carriers operating in Canada need to make sure they consider the human rights and privacy rights of their drivers when implementing any type of drug testing program and policy.

Motor carriers have the right to expect their drivers to arrive at work fit for duty and remain that way throughout the duration of their shift. Communicating this expectation to them is important and, at a minimum, should be communicated by implementing a ”fit-for-work” policy that makes your expectations around impairment of any kind clear.

When drug testing may be permissible

There are some circumstances in which drug testing is allowed, though they are rare and very specific.

1. Safety-sensitive positions: Universal random drug testing would be acceptable in workplaces that can be shown to be extremely dangerous and where a worker’s impairment would likely result in catastrophe. Based on this definition commercial truck drivers would be considered to be in a safety-sensitive position.

2. Reasonable suspicion of impairment: If an employee appears to be obviously impaired, drug testing may be permissible, especially if they’re involved in a collision and there is reasonable suspicion that they are under the influence of drugs.

3. As part of a rehabilitation/return-to-work program: A driver with substance abuse disorder may be subject to unannounced drug testing to be carried out as part of a rehabilitation program and return-to-work program.

Unlike in the United States, pre-employment drug testing is generally not permitted in Canada, except in limited circumstances. Each Canadian province has its own legislation regarding testing for drugs. In Alberta, the courts have been less protective of individual privacy rights and have allowed drug testing in the oil and gas sector. Most companies in Ontario and British Columbia opt not to test for drugs, adhering to human rights legislation and privacy concerns.

Policies must be clear

Motor carriers must inform their drivers about the drug and alcohol policy and unlike U.S. testing programs, are required to obtain their consent before conducting any test. By working together, motor carriers and drivers can create a safe and healthy work environment for everyone involved.

Carriers should update their policies addressing drug and alcohol use at least once per year. Carriers must pay close attention to:

• Permissible testing for the jurisdictions they operate in, including if they cross the border into the United States;
• Frequent reminders for drivers on their obligations under the policies; and
• Training for managers and supervisors on detecting impairment through physical symptoms.

Key to remember: Drug testing in Canada is legal but not regulated, so carriers must exercise caution when implementing a drug testing policy. There’s a fine line between allowable testing and human rights/employee privacy violations.

Gross vehicle weight rating (GVWR)

The gross vehicle weight rating is the maximum operating weight of a vehicle as specified by the manufacturer including the vehicle’s chassis, body, engine, engine fluids, fuel, accessories, driver, passengers, and cargo but excluding that of any trailers.

Gross combined weight rating (GCWR)

The gross combined weight rating is the specific weight determined by the manufacturer to be the maximum weight of a loaded vehicle and its attached loaded trailer. This is the weight that is shown on the IRP cab card.

• Insider tip:
• Weight plate: A vehicle’s GVWR and GCWR are normally found on a manufacturer’s plate attached to the door or glove box, or on the front of each trailer.

Registered weight

Registered weight means the weight for which a vehicle or combination of vehicles has been licensed or registered.

Note that this weight will not always be the same as the GVWR or GCWR. It can be less if the carrier never travels at the maximum weight, but never more than the vehicle is rated to carry as this presents a safety issue.

• Insider tip:
• A vehicle’s weight rating should not be confused with its registered weight. To reduce registration fees, vehicles are often registered at a lower weight than they are rated to carry.

Gross vehicle weight (GVW)

Though not defined by IRP, a vehicle’s gross vehicle weight is commonly held to be the actual weight of the vehicle itself (curb weight) plus all cargo and passengers. The GVW is not a limit or specification; rather it is the actual weight that is obtained when the fully loaded vehicle is driven onto a scale at any given time.

Gross combination weight (GCW)

Also not specifically defined by IRP, the gross combination weight is understood to be the weight of a loaded towing vehicle (GVW) plus the weight of the fully loaded trailer(s) (plus passengers, fuel, etc.). It is the actual weight obtained when the vehicle and trailer(s) are weighed together on a scale.

Which numbers should be used under IRP?

Apportionable vehicles must be registered under IRP. The Plan defines an apportionable vehicle as any vehicle that is used or intended for use in two or more member jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and:

• Has two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds (11,793.401 kilograms), or
• Has three or more axles, regardless of weight, or
• Is used in combination, when the gross vehicle weight of such combination (GCW) exceeds 26,000 pounds (11,793.401 kilograms).

Apportionment optional for smaller trucks

Two-axle vehicles, or combinations thereof, having a GVW of 26,000 pounds or less may be issued apportioned registration (IRP) at the option of the registrant. Why would you choose to do this?

For trucks between 10,001 and 26,000 pounds, some jurisdictions — but not all — require trip permits or apportioned plates to operate legally. Permits may be required for traveling through the jurisdiction or when engaging in intrastate transportation. If you frequently operate vehicles over 10,000 pounds in a state with this requirement, it might make sense to register with apportioned plates. Be sure to check with the jurisdictions in which your vehicles operate to learn the requirements.

The concept of personal conveyance

First off, what is Personal conveyance? Personal conveyance allows your drivers to use a commercial vehicle for personal reasons, such as driving home after a long day of work, going to a restaurant, or running personal errands. The key aspect is that the vehicle is not to be used for any business-related activities during this time. This provision is designed to offer flexibility and convenience to drivers, allowing them to manage their personal lives without violating Canadian Hours of Service (HOS) regulations.

Regulations governing personal conveyance

The use of personal conveyance is governed by specific regulations and key rules that include the following:

• The vehicle must be unloaded, and any trailers must be unhitched;
• The distance traveled for personal conveyance must not exceed 75 kilometers in a day;
• The driver must record the odometer reading at the beginning and end of the personal use; and
• The vehicle must not be used for any business purposes during personal conveyance.

These regulations are in place to prevent drivers from using personal conveyance as a loophole to extend their driving hours or to reach destinations that are beyond the allowed distance.

The rules around personal conveyance can also be confusing, especially when crossing borders between the United States and Canada. For example, if your driver has U.S. personal conveyance time recorded in the log for the current and previous 14 days, once they cross into Canada, all of that time will be calculated as driving time, which will count towards a commercial driver’s work-shift, work-day and cycle limits. Also, none of the time spent operating a CMV in personal conveyance status while in the United States will count towards the off-duty requirements in Canada, potentially leading to violations.

Benefits of personal conveyance

When used correctly, personal conveyance offers several benefits to drivers:

• Flexibility: Drivers can manage their personal errands and activities without worrying about violating HOS regulations;
• Convenience: It allows drivers to use their commercial vehicles for personal use, eliminating the need for a separate personal vehicle; and
• Work-Life Balance: Personal conveyance helps drivers keep a better work-life balance by providing the flexibility to address personal matters.

Misuse of personal conveyance

Despite the benefits, personal conveyance is often misused by some drivers. Common forms of misuse include:

• Extending Driving Hours: Some drivers use personal conveyance to extend their driving hours beyond the legal limit, which can lead to fatigue and increased risk of accidents;
• Reaching Business Destinations: Drivers may use personal conveyance to reach business-related destinations that are beyond the allowed distance, effectively bypassing HOS regulations; and
• Inaccurate Record-Keeping: Failing to accurately record odometer readings or misrepresenting the purpose of the trip can lead to violations and penalties.

Consequences of misuse

Personal conveyance provides flexibility and safety benefits, but it requires adherence to regulations and responsible use to avoid pitfalls. Remember that it’s not meant for convenience over short distances; rather, it serves essential purposes during off-duty hours.

Misuse of personal conveyance can have serious consequences for you and your drivers. Penalties for violations can include fines, suspension of driving privileges, and damage to you and your driver’s professional reputation.

Key to remember: Educating your drivers about proper personal conveyance usage is crucial for ensuring compliance with regulations and maintaining safety on the road.

What the date means

These government documents are subject to certain checks and balances, such as the following:

• OMB control number 1235‑0003 governs the collection of information from employers and employees for DOL compliance purposes.
• The June 30, 2026, date is when the latest version of the forms will be replaced by a new OMB‑approved version.

The OMB has to review the FMLA notices and certification forms every 3 years. The last time it did so, it didn’t make any material changes.

The OMB is part of the U.S. Executive Office and helps the president meet policy and budget, manage details, oversee regulatory objectives, and helps fulfill the agency’s statutory responsibilities.

Model forms optional

Employers aren’t required to use the DOL’s model forms. Many do, however, because it’s easier than creating their own forms. Using the DOL’s forms also helps ensure the notices provide enough information and the certifications don’t ask employees for information beyond what the FMLA allows.

Key to remember: The June 30, 2026, expiration date of FMLA documents is just a form‑collection deadline, not a legal cutoff for FMLA leave or certification. Employers may still use the current forms until a new version is issued.

What is the purpose of a driver file?

A driver file is a required collection of documents and records proving that a driver can not only safely operate a commercial motor vehicle (CMV), but has completed any additional training and is legally authorized to drive the type of CMV you have assigned them to.

The file is like a driver’s professional biography. It includes everything you might want to know about your drivers, including their employment history, driving record (abstract), licensing, and any special training.

Driver files must be retained at the carrier’s principal place of business for the year in which they are created, established, or received, and generally for the four calendar years immediately following (note that this can vary by province). Carriers should also keep any other relevant information about their drivers. This may include items such as alcohol and drug testing records (this is required for carriers with drivers operating into the United States and subject to the testing requirements).

What should you include in your driver files?

This is a good question, as this can vary slightly depending on what province is your principal place of business and in which province(s) you hold a safety fitness certificate. It can also depend on what the record might be called, for example in Ontario a driver’s abstract is commonly referred to as a driver’s CVOR abstract. Although some documents may not be required in certain provinces, the following items are the ”best practice” recommended records to keep in your driver file:

• The driver’s completed application form for employment,
• A copy of the driver’s abstract dated within 30 days of hire,
• Annual updated copies of the driver’s abstract,
• The driver’s employment history for the preceding 3 years,
• A record of the driver’s convictions of safety laws relating to the operation of a motor vehicle in the current year and in each of the preceding 4 years,
• A record of any administrative penalty imposed on the driver,
• A record of all collisions involving a motor vehicle operated by the driver that are required to be reported to a peace officer,
• A record of all training taken by a driver related to the operation of a vehicle and compliance with safety laws, and
• A copy of any training certificate issued to the driver, in electronic or paper form, for the period starting on the date the training certificate is issued.

How do I know what each jurisdiction requires in their driver files?

The following chart summarizes the driver file requirements by jurisdiction.

Managing your files long term

Driver qualification files are a lot less intimidating if you approach them one component at a time. Please note, while electronic records may be accepted, any originals must be made available upon request.

Key to Remember: Driver files better enable a carrier to monitor and manage the safety of all drivers involved in the operation of commercial vehicles. Being prepared with the proper documents in the file will help you survive an audit.

Follow the procedures

Mechanics may work on dozens of machines, and each machine may have unique lockout/tagout procedures. But do the mechanics actually read and follow the procedures for each machine? Or do they just “know what to do” based on experience? Could other maintenance staff follow the procedures as written?

Make sure that authorized employees actually follow the procedures. If they are unsure about any part of a procedure, or if they skip a step that doesn’t make sense, then the procedure should be updated.

If additional training is needed, it may be best to conduct the training at the machine and ask the mechanics to indicate where the procedure is unclear. If the questions are more than the training group can handle, you may need to call in an expert (electrician, engineer, etc.).

As necessary, revise the procedure until it’s understandable. You want the procedures to be accurate and easy to use. If veteran mechanics think the procedure is hard to follow (or if they have ideas on how to improve the written steps), you want to correct those issues before contractors or new employees need to rely on the procedure.

Complete and accurate procedures not only keep your company in compliance, but help keep your employees safe.

Understanding what happened

An implosion happens when the pressure inside a tank drops below the pressure outside it. When that happens, the outside air pushes in and the tank can collapse. Most people think about explosions. Fewer think about implosions. But the damage can be just as severe.

The tricky part is how this can develop during normal work. It doesn’t take a rare event and can happen during everyday tasks like:

• Draining a tank too fast without letting air flow back in;
• Cooling vapors or condensing material inside the tank;
• Steam cleaning and then cooling things down too quickly; and
• Vents that are blocked, closed, or just not sized right.

In industries like pulp and paper, chemical processing, and wastewater treatment, these situations aren’t unusual. In many cases, they’re part of day-to-day operations. That’s what makes vacuum-induced failure a real risk and a preventable one.

What OSHA expects for tank safety

While this incident puts a spotlight on an implosion hazard, OSHA’s expectations go beyond just one type of failure. The focus is on overall tank and pressure vessel safety, which includes both over-pressure and vacuum conditions.

Under the General Duty Clause, employers are required to protect workers from recognized hazards. Tank failure, whether it’s caused by pressure or vacuum, is a known risk, so OSHA expects it to be addressed. In practice, that means employers need to:

• Design for how the system actually operates, including pressure going in both directions;
• Control pressure risks with properly sized relief devices and venting systems that work when needed;
• Follow recognized engineering practices like ASME (American Society of Mechanical Engineers) and API (American Petroleum Institute) standards; and
• Keep equipment in good shape through inspection, testing, and maintenance.

Additionally, if Process Safety Management (29 CFR 1910.119) applies, expectations get more specific. Employers need to have:

• A mechanical integrity program that covers tanks and relief systems;
• Process hazard analyses that look at normal operations, abnormal conditions, and maintenance work; and
• Clear procedures and training so people know how to manage the risks.

Even if PSM doesn’t apply, the expectation doesn’t change. You still need to understand how the system can fail and make sure the right protections are in place.

Strengthening tank safety where it counts

This incident is a good reminder to take a step back and look at your organization’s overall tank and pressure vessel safety, not just one specific hazard. Strong programs come down to solid controls and making sure they hold up in day-to-day operations. Here’s where to focus your attention:

• Evaluate all pressure scenarios: Consider both over-pressure and vacuum conditions during normal, shutdown, and when things don’t go as planned;
• Verify relief and venting systems: Ensure devices are properly sized, installed, and not isolated or obstructed;
• Confirm design limits: Validate that tanks are rated for the full range of expected conditions;
• Strengthen inspection and maintenance: Regularly check vents, valves, and vessel integrity as part of a structured program; and
• Train employees on system behavior: Help operators understand how everyday actions, like emptying a tank, rinsing it out, or closing vents, can affect pressure conditions.

Key to remember: Expectation is clear, tanks must be safe under all operating conditions, not just ideal ones. That only happens when design, controls, and maintenance all line up with how the system really runs.

And the answer is… It depends

The HazCom standard says, in part, “the employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the immediate use of the employee who performs the transfer.”

The regulations define “immediate use” to mean that “the hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred.”

So if the situation is such that the definition of immediate use is met, no label is needed. If this isn’t the case, however, you’ll need to label the container.

What kind of labeling is needed?

All workplace HazCom labels must include the product identifier and general information regarding all of the hazards of the chemical(s) even when using the NFPA or HMIS® system. In some cases, all hazards are not addressed by a particular rating system (e.g., chronic health hazards), and therefore, hazards not addressed must be communicated by words, pictures, symbols, or a combination thereof in addition to the NFPA or HMIS® rating system.

The HazCom regulations provide a few workplace labeling options. You can use:

• The elements required under HazCom on shipped containers, with the exception of contact information — product identifier, signal word, hazard statement(s), pictogram(s), and precautionary statement(s).
• In-house labels that include the product identifier and words, pictures, symbols, or a combination of these, which provide at least general information regarding the hazards of the chemicals.
• The HMIS® III or NFPA system.

Regardless of the workplace labeling option you use for secondary containers, you must ensure that your training program instructs employees on how to use and understand the labeling systems.

Keep in mind that the purpose of a label under HazCom is to serve as an immediate visual warning of the hazards associated with the chemical. The identity of the chemical leads to the more detailed information on the safety data sheet (SDS), but the hazard warning gives immediate information to employees working with the substance about the hazards associated with exposure.

Letters of Interpretation

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

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

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

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

OSHA’s guidance continues

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

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

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

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

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

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

Key to remember

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

Example scenarios

An employee hurt his left arm and was told by the doctor not to use that arm for a week. The employee could still perform all routine job functions using only the right arm, but worked at a slower pace. OSHA said this would not be a restricted work case if the employee did, in fact, perform all routine job functions. A loss of productivity is not considered restricted work. If the employer could not accommodate the limitation and assigned light duty that temporarily eliminated a routine function, then it would be a restricted work incident.

In another case, an injured employee was given a lifting restriction of 20 pounds. That restriction would affect his job only if he rotated into a different position during an equipment breakdown, which happened once or twice per month. Again, OSHA said this was not a restricted work incident because routine functions are activities performed at least once per week. Since the restriction affected duties performed only once or twice a month, it did not affect a routine job function.

For related information, see our article, Can I get a second opinion? I want to delete an OSHA recordable.

Job descriptions

Employers often provide job descriptions to help doctors evaluate restrictions. However, the “essential functions” in a job description are not necessarily “routine functions” as defined by OSHA. For example, a job description might require the ability to lift 50 pounds, but if that task arises only twice per month, it’s not a routine function.

Generally, a doctor should describe restrictions rather than declaring that an employee “cannot work.” Employers can provide a job description and ask for recommendations regarding specific duties, but only the employer knows whether those duties are routine functions.

OSHA addressed that point in a Letter of Interpretation dated June 23, 2006. The letter stated, “Only the employer has the ultimate authority to restrict an employee’s work, so the definition is clear that, although a health care professional may recommend the restriction, the employer makes the final determination of whether or not the health care professional’s recommended restriction involves the employee’s routine functions.”

Similarly, only the employer can determine whether accommodations are possible, so employers may assign restrictions as well as days away. For example, if the employer determines that a restriction prevents an injured employee from performing a routine function, it must record the injury as a restricted work case. If the employer cannot accommodate the restriction and sends the employee home, it must record the time as days away. For related information, see our article, If an injured employee requests a day off, is that Days Away?

Key to remember: Restrictions on job duties must affect routine functions to count as restricted work cases on the 300 Log, and the employer makes that determination.

First, a Quick Refresher on What HazCom Actually Is

At its core, OSHA’s Hazard Communication Standard is designed to make sure workers know what chemicals they are working with and what hazards those chemicals present. It covers the labels on chemical containers, the Safety Data Sheets (SDSs) that provide detailed hazard information, and the training employees need so they can understand and use that information effectively.

HazCom is tied to the Globally Harmonized System, or GHS, an international framework developed by the United Nations to create a more consistent approach to classifying and communicating chemical hazards. When the UN updates the GHS, OSHA eventually updates HazCom to better align with it. That is what is happening now with GHS 7, and those updates are beginning to work their way into supplier documents and workplace compliance expectations.

What’s Actually Changing in GHS 7

So what is different this time? GHS 7 includes several substantive changes that affect how chemicals are classified, how SDSs are written, and how labels are presented. These are not just wording updates. In some cases, they can change how hazards are described and how information is communicated to workers. The changes are:

• New and Revised Hazard Categories: GHS 7 expands classification for certain health and physical hazards. Desensitized explosives, for example, now have their own hazard class. Some existing categories have been refined with new subcategories that require different labeling and SDS language.
• Updated SDS Requirements: Section formatting and content requirements are being revised in several areas. Employers and chemical manufacturers will need to review existing SDS documents to ensure they reflect the updated classification criteria and language. If you’re an employer who receives SDS from suppliers, you’ll need to verify that incoming documents meet the new standard.
• Label Changes: Some products will require updated pictograms, signal words, or hazard statements based on reclassification under GHS 7. That means physical labels on containers may need to be reprinted and replaced.
• Exposure Limits and Inhalation Hazards: GHS 7 brings more specificity to how inhalation hazards are communicated, particularly for aerosols and mixtures.

What the May Deadline Covered

OSHA’s GHS 7 update was not designed as a single cutoff date. Instead, it was rolled out in phases, with different obligations applying at different points in time. The May 2026 deadline primarily affected chemical manufacturers, importers, and distributors. By then, those upstream parties were expected to update chemical classifications and begin issuing labels and SDSs that align with the revised standard.

For employers, that phase matters because it marks the point when updated information should begin flowing into the workplace. If you receive hazardous chemicals from suppliers, the SDSs and shipped labels you get should increasingly reflect the new classification language and formatting requirements.

That does not mean employers can treat compliance as only a supplier issue. You are still responsible for making sure the SDSs in your workplace are current, your labels reflect the hazards of the chemicals in use, and employees are trained on the information they rely on. If a supplier is slow to update documentation, that gap can quickly become your problem during an inspection.

That is why now is the time to start reaching out to chemical vendors and reviewing your own program. Ask suppliers whether their SDSs have been updated to GHS 7 standards, track what you receive, and follow up on anything that is missing or unclear. November will arrive quickly, and employers that wait too long may find themselves rushing through updates that should have been planned in advance.

Roadmap for November Update

The best way to approach the November deadline is as a practical compliance project rather than a last-minute document review.

1. Chemical inventory audit: You cannot update what you have not identified, so pull together a complete inventory of every chemical in the workplace, including cleaning products, maintenance supplies, and production materials. That inventory becomes the baseline for everything that follows.
2. Review and update your SDS library: Contact suppliers and request GHS 7-compliant SDSs for each product on your inventory. Do not assume existing files are already current. Create a simple tracking system so you know which documents have been updated, which are still pending, and where follow-up is needed.
3. Audit your physical labels: Walk the facility and compare container labels to the updated hazard information you are receiving. If products have been reclassified or now use different pictograms, signal words, or hazard statements, your in-house labels may also need to change. Starting early is important, especially for larger facilities where relabeling can take time.
4. Revise your written HazCom program: This should be treated as a living document that reflects current practice. Review it carefully and update language, procedures, and responsibilities so they align with the revised standard and with the way your facility actually manages chemical hazards.
5. Retrain your workforce and brief supervisors: Employees need to understand what changed, what updated labels and SDSs mean, and how those changes affect handling, storage, and response expectations. Supervisors should receive deeper guidance so they can answer questions, recognize compliance gaps, and reinforce the updated program in day-to-day operations.

Key to remember: Now is the time to prepare for November's Hazard Communication Standard deadline.