What U.S. carriers need to know when operating in Canada

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.

Why EPA wants to eliminate paper manifests

EPA’s reasoning is pretty straightforward. Paper manifests are slower, easier to lose, and more prone to errors. They rely on manual handling and delayed processing, which can create gaps in tracking and compliance. A fully electronic system, on the other hand, allows for real-time visibility, standardized data entry, and faster correction of mistakes. It also gives regulators a clearer, more immediate picture of what’s happening across the entire waste life cycle.

Addressing one of the biggest digital barriers: signatures

One overlooked part of the proposed rule is how EPA is trying to solve one of the biggest barriers to going fully digital, which is signatures in the field. Anyone who has dealt with manifests knows that the weak point is often the hand-off between the generator and the transporter, especially when drivers don’t have system access or reliable connectivity. To address that, EPA is proposing new functionality that would allow users to sign manifests using quick response (QR) codes or even short message service (SMS). In practice, this could mean a driver scans a QR code or receives a text prompt, then completes the signature process directly from their phone. So, no login or full system access needed. EPA is also exploring the ability to use SMS and QR-based tools to make updates to manifest data without needing full system permissions. That’s a big deal operationally, because it removes one of the most common bottlenecks in needing a registered user at a specific site to make even minor corrections.

Operational challenges companies should expect

With that said, moving to a fully digital system still comes with potential issues. It requires coordination across your entire operation. Generators, transporters, and disposal facilities all have to be aligned and capable of using the system effectively. If one party in that chain struggles, it can create delays or compliance issues for everyone involved. There’s also an upfront investment to consider. Companies may need to upgrade internal systems, ensure reliable connectivity, and train employees in new work processes. For organizations with multiple sites or field operations, which can take some planning. But over time, many of those burdens are expected to decrease. Electronic signatures, reusable templates, and centralized record-keeping can significantly reduce administrative work.

One of the biggest shifts employers will notice is the level of visibility. With paper manifests, there’s often a lag between shipment and final documentation. In a digital system, that lag disappears. Information becomes available almost immediately, and regulators have access to the same data. That means errors or discrepancies are easier to find and harder to ignore.

The good news is that companies don’t have to wait for the final rule to start preparing. Taking a close look at your current manifest process is a good first step. If paper is still a major part of your workflow, that’s a clear signal that changes are coming. Making sure your e-Manifest account is fully set up and that employees understand how to use it, will go a long way in avoiding future disruptions.

Keys to remember: The EPA’s proposed Paper Manifest Sunset Rule would set a firm date to phase out paper hazardous waste manifests and require that all covered shipments be tracked through the agency’s electronic e‑Manifest system, in which the Agency says will improve hazardous‑waste tracking and transparency while reducing administrative burden and saving regulated entities roughly $28.5 million per year.

Impact on the workplace

The order doesn’t address how the rescheduling of medical marijuana impacts compliance with other federal laws, but to avoid the risk of a discrimination claim under the federal Americans with Disabilities Act, employers in states where medical marijuana is legal should treat individuals using medical marijuana as they would treat any individual using a prescription medication.

This includes having a discussion with the employee about accommodations, which may include off-duty use of medical marijuana.

In states where medical marijuana isn’t legal, employers would only need to consider accommodations for use of marijuana products approved by the FDA.

Recreational marijuana considerations

The order doesn’t legalize recreational marijuana, but does announce a June 29 hearing to evaluate broader changes to marijuana’s status under federal law.

The order notes that it doesn’t apply to synthetically derived THC, such as Delta-10 products. The final order notes that synthetically derived THC is outside of the definition of marijuana.

The order also establishes a federal licensing system for state medical marijuana manufacturers and dispensaries. It notes that states where medical marijuana is legal have established systems to regulate the sale and use of medical marijuana.

How does this affect safety-sensitive jobs?

The Drug Enforcement Administration’s reclassification order doesn’t address the impact the change would have on federal drug testing regulations. Specifically, it doesn’t offer insights into Department of Transportation (DOT) drug testing of truck drivers, airline pilots, pipeline operators, and others in safety-sensitive positions.

Before any changes can be implemented by the DOT, drug testing procedures in 49 CFR Part 40 must go through the rulemaking process.

Key to remember: The federal government has moved medical marijuana to a lower classification of drug. To reduce the risk of a discrimination claim, employers in states where medical marijuana is legal should treat it as a prescription medication to lower the risk of a discrimination claim. Employers in all states should consider accommodations for FDA-approved marijuana products.

Do exempt carriers need to have proof of insurance?

Carriers that haul exempt commodities are required to have the minimum level of financial responsibility required by 49 CFR 387, and their insurance provider must provide the carrier with an MCS-90 endorsement. However, the insurance need not be on file with the FMCSA. Many states have insurance requirements both for the amount required and the need to carry proof of coverage in the vehicle. Federally exempt for-hire carriers are not exempted from any state requirement.

Are exempt for-hire carriers required to name process agents?

Currently, exempt-for hire carriers are not required to name process agents for each state of operation as other for-hire carriers are required to do so on the BOC-3 form. That may change when the FMCSA fully implements their Unified Registration System, or URS. The system was introduced with a final rule in the summer of 2013 and included a provision requiring exempt carriers to have process agents. Much of the rule was suspended at the beginning of 2017. At some point, the agency would like to get the URS ball rolling again.

Are exempt carriers exempt from IFTA, IRP, HVUT, and UCR?

Exempt for-hire carriers are not exempt from the alphabet soup of revenue generating programs of the International Fuel Tax Agreement (IFTA) allowing for the sharing of fuel tax revenue, the International Registration Plan (IRP) allowing for the sharing of vehicle registration fees, the Internal Revenue Service’s (IRS) tax for heavy vehicles that weight 55,000 pounds or more, or for the Unified Carrier Registration (UCR) revenue generating program.

Are exempt carriers exempt from the Federal Motor Carrier Safety Regulations (FMCSRs)?

Exempt carriers are not automatically exempt from the safety regulations such as driver qualifications, drug and alcohol testing, commercial driver licenses, vehicle inspections, or the hours-of-service rules. Although livestock and agriculture commodity carriers may qualify for the hours-of-service agriculture exemption.

Key to remember: “Exempt” commodity haulers are exempt from very little. Primarily they are exempt from needing for-hire authority and designating process agents.

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!

Health care settings

Health workers worldwide face a high risk of violence, with 8–38 percent experiencing physical attacks, while others are subjected to threats or verbal abuse, according to the World Health Organization (WHO). Most incidents involve patients or visitors. Those at greatest risk include nurses, patient-facing staff, emergency room personnel, and paramedics.

Violence against health workers harms staff well-being, morale, and retention, ultimately compromising quality of care and causing significant financial loss.

An OSHA proposed rule — ‘Workplace Violence in Health Care and Social Assistance’ — was moved to Long-Term Action status, according to the Spring 2025 regulatory agenda that was released on September 4, 2025. Long-Term Actions are items under development, but the agency doesn’t expect to have a regulatory action within the 12 months after the latest edition of the agenda.

This turn of events was surprising since OSHA had been working on a standard for preventing workplace violence in health care and social assistance settings. OSHA had planned to publish the proposed rule in the Federal Register in June 2025.

Even without a federal standard addressing workplace violence in health care, several states have their own health care violence prevention laws in place.

General Duty Clause

Although OSHA doesn’t have a workplace violence standard, employers must provide a workplace that’s free of known health and safety hazards. This is addressed in OSHA’s General Duty Clause (GDC), Section 5(a) of the Occupational Safety and Health (OSH) Act.

The following elements are necessary for OSHA to prove a violation of the GDC:

• The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed;
• The hazard was recognized;
• The hazard was causing or was likely to cause death or serious physical harm; and
• There was a feasible and useful method to correct the hazard.

A general duty citation must involve both the presence of a serious hazard and exposure of the cited employer’s own employees.

During a violent incident investigation, OSHA inspectors would likely gather evidence about whether an employer knew that a potential workplace violence hazard existed and whether there were feasible means to prevent or minimize such hazards. Investigators might also look at evidence of any potential whistleblower retaliation in which workers complained about workplace violence risks or reported injuries from workplace violence incidents.

Health care facilities have been cited when staff were injured by violent patients or visitors. In one case, nurses were regularly assaulted, but the hospital had no prevention program, no staff training, and no reporting system. OSHA stepped in using the GDC. Prevention could have included de-escalation training, secure facility layouts, panic buttons, and post-incident support.

Tips for preventing violent acts

In most workplaces where risk factors can be identified, violent acts can be prevented or minimized.

Building respectful workplaces is one way to do this. The most common forms of uncivil behaviors are when employees:

• Address others in disrespectful ways,
• Interrupt those who are speaking, and
• Micromanage people to an excessive degree.

Providing employees with civility training — which differs from anti-harassment training — can help to create more respectful work environments with less conflict. While civility training isn’t only focused on preventing harassment, that could be a component.

Research has shown that incivility can be a precursor to harassment. In contrast to anti-harassment training, civility training tends to give employees positive examples of how to behave, versus actions to avoid.

The training typically includes a focus on:

• Interpersonal communication,
• Conflict resolution, and
• Effective supervisory techniques.

How civility training is presented will depend on the size of the workforce, demographics, location, industry, etc. There is no one-size-fits-all approach. The point is to get employees to be more aware of how their words and actions impact others, and how they should treat everyone with respect.

It’s also important to watch for signs that someone could turn violent. While there’s no guarantee that one or more questionable behaviors equate to a potential incident, some warning signs come from someone experiencing personal or work issues.

They could be struggling financially, going through a divorce, or having health issues. Work triggers could stem from negative employment actions, like a demotion or termination, or other types of conflict.

Key to remember: April is Workplace Violence Prevention Month. Now’s the time to focus on ways to keep all employees safe.

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

Serious health condition

Substance abuse can be an FMLA-qualifying serious health condition as long as it meets the definition. If an employee (or family member) is kept overnight in a health care facility or if continuing treatment is involved, a serious health condition exists.

An FMLA serious health condition involving continuing treatment includes, for example:

• A period of incapacity of more than three, consecutive, full calendar days, and any subsequent treatment.
• Any period of incapacity (or treatment for) a chronic serious health condition requiring treatments at least twice per year.
• A period of incapacity for a permanent or long-term condition in which treatment might not be effective.
• Any period of absence to receive multiple treatments for a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of treatment.

Employees in substance abuse treatment programs could be experiencing any of these. As with most FMLA leave requests, you may require that an employee provide a certification to support the need for such leave. A certification should give you enough information to determine if the condition meets the criteria.

Treatment

One of the key words here is “treatment.” An employee who is not receiving treatment for substance abuse might not be entitled to FMLA leave for substance abuse. Employees are not, however, entitled to FMLA leave, for example, due to being under the influence of drugs or alcohol even if they indicate that they are going to obtain treatment in the future. FMLA leave is only for someone actually receiving treatment.

Let’s say, for example, that Jo Employee is selected for a random drug test and tests positive for illegal narcotics. If Jo never requested FMLA leave for the condition, under your company’s drug policy, Jo could be subject to termination. If you don’t have such a policy, your actions, however, may be more limited.

The federal Americans with Disabilities Act (ADA) does not protect employees who illegally use drugs, and neither the FMLA nor the ADA protects employees who are impaired on the job. The ADA could, however, protect employees who receive medication-assisted treatment (MAT) to help reduce or quit the use of opiates, even if the medication is methadone (a narcotic) and shows up in a drug test.

Shared versus individual handbooks

Nearly 60 percent of survey respondents bought one handbook (or a few) and shared them among employees, while 42 percent provided individual handbooks for each employee. Of those who purchased one or a few, they typically kept the handbooks in central or safety-related locations, such as:

• Main offices
• Safety or compliance offices
• EHS departments
• Classroom or training spaces
• Shared libraries near Safety Data Sheet binders or training areas
• Shop floors near work areas

Use in training programs

As mentioned, the majority of those surveyed said they use safety handbooks as part of new hire, ongoing, and refresher training. This includes the following uses:

• Building or supporting existing training programs
• Creating quizzes or review questions
• Supporting skills testing (e.g., forklift, ladder, PPE)
• Providing supplementary materials for:
  • Toolbox talks
  • OSHA 30 courses
  • Job-specific trainings (e.g., load securement, bloodborne pathogens, Federal Motor Carrier Safety Regulations)

Additional survey feedback

Open-ended survey responses highlighted that some companies prefer visual presentations or digital formats over print publications, with some expressing concern that hard copy materials may quickly become outdated. Others said they use handbooks only as background reference for the EHS team and see a need to increase handbook use in their company.

Key to remember: Safety handbooks can serve as a core part of safety and health programs by giving employees and supervisors a shared reference for training conversations and expectations.

Understand impairment concerns

Employers may have concerns for those workers with a hearing and/or vision impairment that wish to be trained as forklift operators. By recognizing potential safety issues, they can work to implement appropriate measures for the operator.

Around 15 percent of adult Americans say they have trouble hearing. For those with a hearing impairment, potential safety concerns with forklift operation may include difficulty or inability to hear the following:

• pedestrians nearby;
• horns or other warning signals;
• verbal instructions and training;
• other equipment;
• potential malfunction of the forklift; and
• emergency signals.

In addition, 18.4 percent of adult Americans are either blind or experience “a lot” or “some” visual impairment, even with corrective glasses in place . Potential safety risks associated with forklift operation for those who have a vision impairment may include:

• inadequate depth perception;
• insufficient peripheral vision;
• difficulty seeing pedestrians; and
• trouble differentiating different work environments.

Focus on appropriate measures

Hearing and vision impairment does not mean forklift operation is impossible, it simply suggests the employer may need to consider reasonable accommodations and implement appropriate measures for the operator.

For those with hearing impairments, this could include:

• installing vibrating alarms or lights to notify the operator of potential threats;
• utilizing hand signals or written instructions as a form of communication;
• increasing usage of mirrors and/or cameras to improve situational awareness; and
• providing specialized training for operators with hearing impairments.

For those with vision impairments, this could include:

• installing audible proximity detectors or sensors;
• enforcing pedestrian walkways and requiring hi-vis apparel;
• establishing clear communication methods and large signage where appropriate;
• maintaining floor markings, clear pathways, and adequate lighting; and
• providing specialized training for operators with vision impairments.

Remember the operation requirements

At a minimum, workers must receive proper training and certification before being allowed to operate a forklift. Such training includes a combination of formal instruction, practical training, and evaluation. Operators must be re-evaluated every three years, and refresher training provided to those who meet certain criteria. Also keep in mind, it is a violation of Federal law for anyone under the age of 18 to operate a forklift regardless of ability.

Key to remember

Ultimately, it is up to each employer (with a physician’s guidance, if necessary) to determine if an employee can operate the forklift in a safe manner.

Ladders feel safe, until they’re not

Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:

• standing on the top step “just for a second;”
• reaching too far instead of climbing down;
• using whatever ladder is closest, not the right one; and
• skipping ladder inspections because “it worked last time.”

Ladder safety isn’t going away, and that’s not a bad thing

If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.

Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.

Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.

Routine work, repeat injuries

Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.

Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:

• people underestimate the risk because ladders feel familiar;
• jobs feel “too small” to stop and reset the ladder;
• time pressure encourages leaning, rushing, and overreaching; and
• experience leads to comfort, and comfort leads to shortcuts.

The rules are written in injuries

OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:

OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.

OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.

Small choices make a big difference

Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:

• inspecting and securing the ladder,
• climbing down and repositioning,
• selecting the proper ladder for the task, and
• stopping when the ladder no longer feels stable or safe.

Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.

It doesn’t fit properly

PPE that doesn’t fit is often the reason construction workers don’t wear it. Things like safety footwear, hardhats, safety glasses, and gloves all come to mind.

Safety footwear needs to be the proper size and often it’s not. That’s because when it’s tried on in the store, the wrong size is purchased. Feet tend to be smaller in the morning and during the day they expand. That’s because the feet swell, especially if workers are walking around a jobsite all day. That’s why it’s recommended to try on shoes in the late afternoon to ensure they fit right.

Hardhats need to be adjusted correctly to fit properly. That’s why workers are given their own hard hat. Once it’s adjusted properly, you typically don’t have to mess with it again. The hat’s suspension is what’s adjusted, so if the suspension is worn out, or not installed correctly, the hat won’t fit and will be uncomfortable to wear.

People’s heads are different sizes and safety glasses need to be matched to that size. If not, the glasses won’t sit on the face properly. That’s why employers need to have a selection of safety glasses on hand to provide the correct size. If you need a smaller size look for the letter “H” on the frame.

Gloves that don’t fit the user are certainly uncomfortable and potentially dangerous. Hand size can vary greatly from person to person. That’s why gloves come in different sizes and why you need to have all sizes on hand (no pun intended). Measuring the hand is the best way to find the correct size (from XS to XXL).

It gets lost or stolen

Safety glasses, hearing protection, gloves, are three types of PPE that can get misplaced or lost. In fact, some safety glasses are very stylish and rather expensive, compared to your run-of-the mill safety glasses. These stylish glasses tend to disappear if left unattended, which is why workers often have a special place to keep them when wearing them, such as in a locked toolbox.

Employers are often reluctant to keep replacing these high-end safety glasses if they consistently get lost. They may just hand workers a pair of cheaper, but just as effective, glasses.

Other employees aren’t wearing their PPE

On some jobsites every employee is wearing the PPE they’re required to wear, and on other jobsites very few are doing so. There are several reasons for this, including peer pressure or forgetfulness. However, a common dealbreaker for workers failing to wear PPE is not seeing their supervisors or other safety professionals wear theirs.

That sends mixed signals and makes it difficult to enforce PPE usage. Consistent messaging on wearing required PPE must be communicated and enforced as needed.

Key to remember

Because construction jobsites can be hazardous places, it’s important for employees to wear their issued PPE. If it doesn’t fit properly, it’s lost or missing, or if there’s a lack of consistent messaging, injuries will continue to occur.