What is a leave contingency plan, and do we need one?

Who’s impacted by the rule?

EPA 40 CFR 370 applies to a facility owner or operator if:

• The OSHA HazCom standard requires the facility to prepare or have available an SDS or material safety data sheet (MSDS) for a hazardous chemical;
• The hazardous chemical is not exempted at 370.13 or 1910.1200(b)(6); and
• The hazardous chemical is present at or above certain threshold levels.

If the applicability criteria are met, the facility owner/operator must submit to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire departments:

• An SDS or MSDS for each covered hazardous chemical or a list of all covered hazardous chemicals; and
• A Tier II hazardous chemical inventory form by March 1 annually for all covered hazardous chemicals.

A state may make its own laws and regulations in addition to or more stringent than federal Part 370.

What’s changing in Part 370?

Last year, OSHA amended its HazCom standard to conform to the seventh edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Changes to the chemical hazard classifications and categories were part of the amendments to 1910.1200. This is important because EPA Part 370 relies on the OSHA HazCom standard for the definition of “hazardous chemical” and the hazard categories that must be reported.

In the latest rule published November 17, 2025, EPA takes several actions to harmonize its regulations with OSHA’s. The preamble offers a complete list of amendments to Part 370. Here’s a summary:

When will the changes take effect?

The direct final rule is effective January 16, 2026, unless EPA receives an adverse comment during its 30-day comment period. [However, see the "news update," earlier in this article.] If that happens, the agency will publish a timely withdrawal. Then, it will move along with the proposed rule (also published in the November 17, 2025, Federal Register) and address public comments in a subsequent final rule.

Assuming no adverse comment is received on the original direct final rule, EPA gives covered facilities time to prepare. The rule offers a compliance date of December 1, 2026, for both SDS reporting and Tier II reporting. Note that for Tier II reporting, the updates kick in for the 2026 inventory reporting year, which impacts forms due by March 1, 2027, and thereafter. (Forms due on or before March 1, 2026, are unchanged.)

Key to remember

EPA took action to harmonize Part 370 with the changes OSHA made to 1910.1200 last year. The latest amendments to Part 370 have a compliance date of December 1, 2026. For Tier II reporting, the updates start with forms due on or before March 1, 2027.

Who reports?

Annual reporting applies to manufacturers and importers of products and equipment that use HFCs. An organization has to submit an annual report if:

• It manufactures or imports a product or component within a regulated sector or subsector (see 40 CFR 84.54), and
• The product or component uses or will use a regulated HFC or HFC blend.

Reporting requirements apply to manufacturers and importers in all sectors and subsectors, and they start with data from calendar year 2025. The first annual report is due to EPA by March 31, 2026.

Note that the annual reporting requirements don’t apply to entities that only:

• Sell or distribute equipment, or
• Install or operate new RACHP systems.

What’s reported?

In each annual report, covered manufacturers and importers must provide:

• The entity’s name and address;
• The entity’s contact person, the contact's email address, and the contact's phone number;
• The calendar year covered by the report and the submission date;
• All applicable North American Industry Classification System (NAICS) codes; and
• A statement certifying that the data is accurate and that the products use HFCs or HFC blends in compliance with the use restrictions and labeling requirements.

Entities in all three sectors also have to report the total mass in metric tons of each HFC or HFC blend contained in all products and components manufactured, imported, and exported annually.

Further, sector-specific standards apply.

How’s the report submitted?

According to the latest information shared by EPA in the “Technology Transitions Program: What You Need to Know for January 1, 2025” webinar presentation, the agency is still designing the electronic platform for submitting annual reports. EPA plans to provide reporting instructions and forms before the upcoming deadline.

About the 2023 Technology Transitions Rule

HFCs are greenhouse gases that were developed to replace ozone-depleting substances for use in various products and equipment (primarily refrigeration and air-conditioning systems). The American Innovation and Manufacturing Act of 2020 gives EPA the authority to address HFCs by:

• Phasing down production and consumption through the HFC Allowance Allocation Program,
• Implementing restrictions on HFC use in specific sectors, and
• Developing regulations to maximize the reclamation and minimize the release of HFCs from equipment.

The 2023 Technology Transition Rule established the Technology Transitions Program to restrict HFC uses in sectors and subsectors where lower global warming potential (GWP) technologies are or will soon be available. The regulations apply to manufacturers (including importers), exporters, sellers, distributors, and installers of systems or products in covered sectors that use HFCs.

What about the proposed changes to the 2023 Technology Transitions Rule?

On October 3, 2025, EPA proposed a rule to amend the existing 2023 Technology Transition Rule. However, the proposed changes don’t affect the annual reporting requirements for manufacturers and importers. All covered manufacturers and importers must submit the annual report by March 31, 2026.

The proposed rule impacts specific subsectors, including refrigerated transport, industrial process refrigeration, chillers, retail food (for supermarkets and remote condensing units), cold storage warehouses, and stationary residential and light commercial air conditioning and heat pumps. EPA proposes to:

• Exempt certain intermodal containers transporting cargo at very cold temperatures;
• Extend compliance dates for industrial process refrigeration used in semiconductor manufacturing;
• Raise global warming potential thresholds for remote condensing units, supermarket systems, and cold storage warehouses;
• Extend compliance dates for refrigerated centrifuges and laboratory shakers; and
• Allow existing residential and light commercial air-conditioning and heat pump equipment (i.e., manufactured or imported before January 1, 2025) to continue to be installed.

Key to remember: The first annual reports required by the Technology Transitions Program for manufacturers and importers of HFC-containing products and equipment are due by March 31, 2026.

The first line of defense

Every manufacturer has a scheduled maintenance recommendation. Carriers may have policies and procedures that require maintenance to be done at shorter intervals. To be proactive about breakdowns on the road, getting an overall inspection with each oil change will help identify potential problems before they happen. Scheduled downtime is always less costly than unexpected delays.

When trucks don't often visit terminals, identifying quality shops can be difficult. Start by identifying your most common routes and looking for shops along the way. Truck stops are often the most convenient place to have maintenance performed but often limit their services to only the oil change without any additional inspection. There is usually a cost for convenience, and this can sometimes be a more expensive way to go. Looking for a trusted chain, or having independent shops on your list, can help in coordinating maintenance between a delivery and the next pickup.

Major repairs

When your chain of vendors chosen to do your preventive maintenance identifies potential problems, they may not be equipped to do the repairs themselves. Choosing to have major repairs done far from home can be questionable at best. Deciding where to have your work done when it is discovered makes a huge difference in the time required, expense of the repairs, and quality of work. Waiting to get to a known vendor to have the repair made can result in a costly roadside breakdown. Dealers usually provide quality work but often take longer to do the repairs due to the volume of business they do. Local repair shops may have limited inventory, having parts overnighted at your expense will just add to the cost of repairs and may add additional delays. Most shops will provide a warranty for their work, but that is little help if the repair fails and your driver is now 1000 miles away.

Your network of maintenance providers may be able to help you find reputable repair shops near them. They value your business and would not intentionally send you to a shop that could not meet your needs. They could be your best partner for major repairs.

When the unexpected happens

Breakdowns are inevitable. No matter how well you plan, or how proactive your maintenance, unforeseen failures will happen eventually. The time to look for a mobile mechanic is before you need one, not when you need one. The internet has made finding a quality roadside tech easier. Ratings and reviews can tell you a lot about past customer experiences. There are maintenance subscriptions for commercial vehicles that can help locate the nearest mechanic, and they take some of the guesswork out of the process.

Key to remember: A proactive approach to vehicle maintenance helps eliminate downtime, schedule service between loads, and keep your trucks moving.

Why it matters

Hazmat safety isn’t just focused on compliance, it also focuses on protecting lives, property, and the environment. These priorities are designed to reduce incidents, improve industry accountability, and ensure enforcement actions are fair and consistent. For the hazmat community, PHMSA says these priorities are intended to encourage better communication and emphasize partnership over penalties.

Key outreach priorities

PHMSA wants to prevent problems before they happen. Here’s what they’re looking to do:

• Better communication with shippers - Expect more engagement from PHMSA to help resolve compliance issues before they escalate.
• Packaging guidance - Incorrect packaging is a leading cause of leaks and spills. PHMSA wants to make sure shippers understand selection requirements.
• Accurate classification - Misclassified materials can lead to serious hazards. Reinforcing this step helps prevent dangerous mistakes.

Inspection hot spots

Expect PHMSA to focus on areas with a high-risk factor. This includes general hazmat shippers, cylinder and drum manufacturers, and recertification facilities. Lithium battery shipments, especially those being sold online, will be under the microscope. Not only that, but undeclared hazardous materials also sold online will be a major focus. Companies with major past violations should expect follow-up inspections.

Enforcement priorities

When enforcement is necessary, PHMSA plans to keep it strategic. Cases will be processed promptly, with warning letters and tickets resolved within 180 days. Actions will target violations that pose the greatest safety risks, and penalty guidelines will reportedly be applied consistently nationwide. Data analytics will be used to drive decisions, helping PHMSA spot trends and prevent recurring issues.

What this means for you

If your operations involve cylinders, drums, lithium batteries, or online sales of hazmat, now is the time to review your compliance programs. Accurate classification, proper packaging, and clear documentation aren’t just regulatory boxes to check, they’re essential to avoiding enforcement actions and ensuring safe transportation.

Key to remember: PHMSA’s updated approach focuses on high-risk areas like lithium battery shipments and cylinder facilities, emphasizes better communication with shippers, and promotes risk-based, consistent enforcement to strengthen compliance and reduce incidents.

About ELDT

In effect as of February 2022, the ELDT rule establishes minimum training standards for drivers who are:

• Applying for their initial CDL;
• Upgrading their current CDL (Class B to Class A); or
• Obtaining a passenger, school bus, or hazardous materials endorsement for the first time.

Individuals must complete a course of theory and behind-the-wheel training offered by an entity listed on the TPR. To be listed on the TPR, an entity must meet specific requirements addressing curriculum, instructors, equipment, facilities, and recordkeeping.

This training must be successfully completed, and an individual must have proof of this prior to taking the skills test (except in the case of the hazmat endorsement, this proof must be presented prior to the knowledge test) for the new license or endorsement.

Step 1: Update training materials

Start by updating training materials to reflect current best practices and real-world scenarios. Use interactive formats such as short videos, quizzes, and group discussions to keep employees engaged. Monthly safety meetings should focus on practical topics and encourage participation rather than simply reviewing rules.

When employees feel involved, they’re more likely to retain information and apply it on the job. Consider incorporating real-life examples from your own operations to make the training relatable.

2: Enhance safety incentive programs

Safety incentive programs also need attention. Traditional reward systems often fail to motivate employees. Instead, create meaningful incentives that recognize proactive behaviors, such as reporting hazards or suggesting improvements. Rewards can include gift cards, recognition events, or even additional time off. 

These programs should celebrate safe behaviors, not just the absence of accidents. Public recognition during meetings or in newsletters can also boost morale and reinforce positive habits.

3: Go all-in with employee engagement

Employee involvement is critical to sustaining a safety culture. Form safety committees at each terminal and include drivers and warehouse staff. These committees provide a platform for employees to voice concerns and propose solutions. When workers feel heard, they take ownership of safety initiatives, creating a sense of shared responsibility.

Encourage committees to conduct walkthroughs, identify hazards, and then share their findings with management for quick resolution. Regular feedback loops help maintain momentum. Share progress on accident and injury reduction goals and celebrate milestones. 

Transparency builds trust and reinforces the importance of safety. Employees should know that their efforts make a measurable difference. Posting monthly safety metrics in break rooms or on digital boards can keep everyone informed and motivated. Gamifying safety goals with leaderboards or team challenges can also make participation fun and competitive. These strategies turn safety into a shared mission rather than a management directive.

Modernizing training and engaging employees transforms safety from a compliance requirement into a core value. When everyone participates, the result is fewer accidents, fewer injuries, and a stronger, more resilient workforce. Safety becomes a part of the company’s identity, not just a checklist item. 

Key to remember: The ultimate goal is to create an environment where employees feel empowered to speak up, take action, and work together to keep everyone safe.

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.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Full-day absences

If employees are absent for 1 or more full days for personal reasons (e.g., car repair), other than sickness or disability, employers may deduct from their salary, as opposed to their PTO bank.

If, for example, an exempt employee is absent for 2 full days to move to a new house, the employer may deduct from the employee’s weekly salary for the 2 days. If, however, the employee is absent for 1.5 days, the employer may deduct from the employee’s salary only for the 1 full-day absence. The employer may deduct from the employee’s PTO bank for the partial-day absence.

While employers don’t have to have a bona fide sick leave plan, they may make such deductions due to absences related to sickness or disability only if they have one. Employers must communicate the plan to eligible employees and follow the plan.

To be bona fide, employers must administer the plan impartially, and its design shouldn’t reflect an effort to evade the salary-basis requirement.

Whether a particular plan is bona fide would be based upon the actual design of and practices applicable under the plan. A PTO plan might qualify as bona fide even though it’s not exclusively for use during sickness or disability.

Assuming that a bona fide plan exists, employers may make deductions from an employee’s salary for absences of 1 or more full days because of sickness or disability before the employee has qualified under the plan and after the employee has exhausted their PTO/sick leave.

Key to remember: Employers may deduct from exempt employees’ PTO bank for partial-day absences.

FMLA leave entitlement

Eligible employees who work for covered employers are entitled to take FMLA leave for qualifying reasons, regardless of their immigration status.

Assuming that if a serious health condition made them unable to perform one or more job functions, then they can take leave. The FMLA doesn’t restrict why the condition began or where the employee is at the time. Those details aren’t addressed in the FMLA regulations.

When employees put their employers on notice of the need for leave for a reason that might qualify for FMLA protections, the employer’s FMLA obligations are triggered. They must give the employee an eligibility/rights & responsibilities notice within 5 business days. If an employee is detained, however, the employer might not know how to get this notice to the employee.

Certification

In most cases, employers may require employees to give them a certification supporting the need for FMLA leave. For medical conditions, this must come from a health care provider. A detained employee might not have the opportunity to obtain treatment from a health care provider, thus making it difficult to get the required certification.

Employers aren’t, however, required to ask for a certification. They may make exceptions to such a requirement if they wish.

Otherwise, the employee is responsible for getting the certification.

State laws

Currently, no state has a law specifically protecting employees who are detained. California Gov. Gavin Newsom recently vetoed a bill that would have required California employers that are aware of an employee who’s detained or incarcerated due to a pending deportation or immigration proceeding to place the employee on unpaid leave for up to 12 months. During the 12 months, the employee would have had the same reinstatement rights as employees terminated for lacking work authorization.

The measure would also have allowed workers to take up to 5 days of unpaid leave to attend to immigration-related matters. Consideration of the governor's veto is pending.

Key to remember: Whether a detained employee is entitled to FMLA leave protections depends on all the facts, including whether they provide the requested certification.

Gathering insights

To encourage employees to give their input:

Announce the why. Let employees know that you are asking for their input and explain why it’s important to you. Intranet articles, posters, and flyers placed in bathroom stalls can let employees know that you’re refreshing your wellness program and will be looking for their thoughts. Your communication can also explain why you are taking this step and why their feedback is valued.

Come up with questions. Find out what employees like about your current program and what changes they would like to see. Use a mixture of open-ended questions and rating scales to gather data and ideas. When creating questions, use “we.” For example: “When it comes to wellness, what do we do well?” or “What are some ways we could improve our wellness program?”

Provide opportunities. Offer a number of structured ways for employees to share their thoughts. You can set up small group meetings or one-on-one conversations with a cross section of employees or meet with a group of wellness champions who have shown an interest in workplace wellness. Employees may be more likely to speak out in a relaxed setting than in a large group meeting. You could also do an employee survey or use a suggestion box that offers a confidential way to contribute ideas.

Pay attention. When meeting with employees, avoid distractions. To show employees that you respect their ideas, repeat back what you have heard. Be open to new ideas and thank employees for their input. To determine which ideas have most support, list them on a board and have employees put a checkmark next to the one(s) that they like the most.

Manage expectations. If budget or time constraints mean an idea isn’t feasible at this time, let employees know. Ask if they have other ways to address the concern. It can also be helpful to have a group provide two benefits for an idea and two challenges. This can help identify the amount of effort it would take to implement the idea.

Take action. After gathering and analyzing input, prioritize solutions and changes. Share survey results and ideas for moving forward. If there are one or two ideas that can be quickly started and implemented, work on them as soon as possible. Let employees know what will change and why. To generate support, find ways for employees to be an active part of the changes, perhaps by planning events or becoming a wellness champion.

Key to remember: It’s important to regularly revisit your wellness program to make sure it’s providing value to your workforce. Use employee input to generate support and keep it on the right track.

Day count extends to next year

If an injured employee is still on work restrictions (or days away) into the next calendar year, do not add the case to next year’s Log. That would indicate a new injury. It may seem odd if, for example, an employee injured on December 13th had 73 days away listed under that date. However, the day count simply indicates the severity of the incident. For that purpose, it doesn’t matter if the days occurred in the next calendar year.

Also, if an injured worker is still away from work (or on restrictions) when you prepare the Annual Summary, you must estimate the day count and use that to complete the summary, per 1904.7(b)(3)(ix). You might use a doctor’s estimate or make a guess based on experience with similar cases. You’ll then post the summary using the estimated days.

Once you know the exact day count, you must update the 300 Log. However, you do not have to update the Annual Summary after it is posted. Consider this: An injury in December could involve a return-to-work date after April 30, at which point the 300A no longer needs to be posted.

Certify and post the 300A

Finally, a company executive must review and sign the completed 300A. In a letter of interpretation from January of 2009, OSHA clarified that employers keeping electronic records can use electronic signatures for this.

You must post a physical copy of the 300A from February 1 through April 30. In a large facility, this may require more than one posting. Some employers post the summary on the company intranet, which is fine, but that’s not a substitute for physical posting. You must also ensure that the summary is not altered, defaced, or covered by other material.

OSHA does not require sending the 300A to people working from home, but check state requirements. For example, California does require providing the summary to remote workers who do not report to the office at least weekly during the posting period.

Key to remember: Review the 300 Log for accuracy and, if needed, estimate day counts before preparing and posting the 300A Annual Summary.

Breaking it down

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

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

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

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

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

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

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

1. Start with inclusion

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

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

Actionable step:

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

2. Define specific behaviors

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

Actionable step:

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

3. Communicate simply and visually

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

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

Actionable step:

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

4. Integrate safety into daily routines

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

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

Actionable step:

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

5. Recognize and reward safe behavior

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

Actionable step:

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

6. Provide hands-on training

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

Actionable step:

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

7. Make reporting easy and safe

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

Actionable step:

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

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

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.

How can employers recognize lithium-ion safety during fire prevention week?

Provide fire safety training: Organize sessions on general fire prevention and lithium-ion battery safety. Cover topics like safe charging, storage, inspection, disposal, and emergency response.

Share resources: Distribute materials and safety posters throughout the workplace. Highlight key fire risks, including electrical hazards, clutter, and battery safety.

Review policies: Update fire safety policies and ensure all battery-powered equipment is used and maintained according to manufacturer guidelines.

Promote safe disposal: Set up battery recycling stations and educate employees on proper disposal methods for batteries and other fire hazards.

Conduct fire drills: Practice evacuation plans and ensure all employees know escape routes and assembly points.

How can workers stay safe with lithium-ion batteries at work and home?

How can workers stay safe with lithium-ion batteries at work and home? Workplaces often rely on rechargeable batteries and electrical equipment, which if mishandled, can pose serious fire hazards. To help prevent incidents, employees should:

• Use only manufacturer-approved chargers and batteries.
• Store batteries and flammable materials in cool, dry places, away from heat and moisture.
• Inspect batteries and electrical equipment regularly for signs of damage.
• Report any fire hazards or safety concerns immediately.
• Participate in fire safety training and follow all workplace procedures.

Battery-related fires can happen at home just as easily as they can at work, especially with the growing number of personal devices such as smartphones, laptops, e-bikes, power tools, and electric vehicles. Here are some strategies to include:

• Install smoke alarms and test them monthly.
• Avoid charging devices on soft surfaces or near flammable materials.
• Don’t use damaged or off-brand batteries and chargers.
• Keep batteries out of reach of children and pets.
• Recycle old batteries at approved centers; never throw them in the trash.
• Create and practice a fire escape plan with your family.

Why focus on lithium-ion batteries?

Lithium-ion battery fires are an escalating concern across the United States. These batteries pose serious fire risks when damaged, improperly charged, or disposed of incorrectly. Fires involving lithium-ion batteries burn hotter and spread faster than traditional fires, making them especially dangerous.

Since 2017, incidents have increased by approximately 20% annually. According to the NFPA, urban areas face the highest risk. In New York City alone, 268 lithium-ion battery fires were recorded in 2023, resulting in 18 deaths. As the use of rechargeable devices and electric vehicles continues to grow, these fire incidents are expected to rise nationwide.

Key to remember: Lithium-ion batteries are becoming more popular and essential, but they must be handled responsibly. October’s annual focus on fire prevention is a great time to reinforce safety practices, educate workers, and take steps to prevent fires at work and at home.

Propping open fire doors is a common violation

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

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

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