Yes, FMLA leave includes travel time to appointments

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

‘Go when you have time’

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

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

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

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

Alcohol tests and SSFs

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

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

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

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

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

‘I never received a text’

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

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

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

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

Notification tips

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

Avoid messy situations:

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

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

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.

Regulatory requirements

The Federal Motor Carrier Safety Administration (FMCSA) regulations are clear: If a driver’s license or medical certification indicates corrective lenses are required, the driver must be wearing them. Failure to do so results in an immediate out-of-service order and a citation. This rule applies even if the driver underwent vision correction surgery but neglected to update their license and medical certification.

Corrective vision surgery options have expanded significantly over the past 25 years, allowing many drivers to meet vision standards without glasses or contacts. However, compliance doesn’t end with surgery. Drivers must take a vision test at their state motor vehicle department to remove the corrective lenses restriction from their license and schedule an exam with a certified medical examiner to update their medical certification. Without these updates, drivers remain legally obligated to wear corrective lenses—even if they no longer need them.

The bottom line for vision requirements

Vision requirements are not just bureaucratic details; they are safety standards designed to protect drivers and the public. Ignoring them can lead to costly downtime, citations, and potential liability.

Ultimately, it’s important to understand that drivers who undergo vision correction must promptly update all documentation to avoid being sidelined.

What do your drivers need?

The equipment requirements can vary slightly based on the type of vehicle, what it is hauling, and where it is operating. As a result, it can be confusing to find and understand minimum requirements. As a best practice, making sure the following emergency equipment is in your vehicles is a great start:

• Three bi-directional emergency reflective triangles;,
• Six flares capable of burning for 30 minutes or three liquid-burning flares that contain enough fuel to burn continuously for at least 60 minutes,
• A fire extinguisher,
• A first aid kit,
• A spare tire and jack,
• A flashlight and batteries, and
• Jumper cables.

Carriers that haul certain types of dangerous goods in Canada must also carry fire extinguishers in accordance with the Transportation of Dangerous Goods Regulations, so be sure to check these regulations for specific details.

It is highly recommended that you check with the jurisdiction where you operate your commercial motor vehicle for the specific requirements and regulations that apply to you.

When to take the necessary action

Whenever any commercial motor vehicle or trailer is disabled, stalled, broken down, or in a collision, the driver should quickly and calmly take the necessary actions to safeguard the vehicle and other motorists.

Having the vehicle equipped with the above-listed items will ensure that the driver can respond to the emergency efficiently and effectively. This is especially important on busy or high-speed roads. Ensure you also teach your drivers how to use the equipment. For example, if the truck breaks down – ensure they know where to put the emergency triangles, they know how to use the fire extinguisher properly and they have instructions on how to use jumper cables correctly.

It is recommended to use emergency warning devices for all emergencies, whether they occur during the day or night, or on-road or off the road, to ensure everyone’s safety.

What about south of the border?

Those of you that operate in the United States must meet U.S. regulations for emergency equipment in your vehicles. The minimum requirements can be found in section 393.95 of the Federal Motor Carrier Safety Regulations, which requires:

• A fire extinguisher (there are different types for whether the vehicle is carrying dangerous goods or not),
• Spare fuses, and
• Warning devices to use when stopped on a highway.

Other considerations

Ensure your commercial vehicles carry additional emergency equipment to protect the driver, other workers, and any passengers. For example, extra food and water should be carried along with weather-appropriate clothing to protect the driver in the event the vehicle breaks down and the driver is stranded until help can arrive. And, as always, make sure drivers have tire chains easily accessible. If they get hit by a sudden snowstorm, then they will be prepared. In fact, carrying tire chains is a requirement in some jurisdictions.

Dealing with on-road emergencies is no fun for drivers. Don’t make it more difficult for them in an already stressful situation. Be sure to properly equip your trucks with emergency-related safety equipment and ensure drivers know how to use the equipment.

If you don’t have the proper emergency equipment in your truck, it can result in a fine or penalty. Commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for not having the proper safety equipment can be severe.

Key to remember: Before your drivers get in your trucks and hit the road, make sure you’ve equipped them with all the essential emergency safety gear. Safety is the first priority, especially on the road.

Details of the paper med card waiver

This waiver applies to both CDL and CLP holders.

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

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

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

The waiver’s terms and conditions

The waiver does not apply to:

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

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

Inpatient care explained

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

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

Continuing treatment defined

A serious health condition involving continuing treatment includes the following:

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

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

Focus on incapacity not absence when applying FMLA leave

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

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

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

FMLA certification basics

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

The forms are as follows:

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

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

Who can fill out an FMLA certification?

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

Under the FMLA, a health care provider includes:

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

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

What about doctors in a foreign country?

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

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

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

6 steps

The interactive process has 6 general steps, but these steps can be more or less formal, depending on the situation.

1. Recognize an accommodation request: Employees don’t have to use any special words or complete any particular forms when asking for an accommodation. They simply need to ask for a workplace change because of a medical condition, either mental or physical.
2. Gather information: If the condition isn’t obvious and/or employers don’t already have enough information, employers may ask for reasonable documentation of the employee’s limitation and need for the change.
3. Explore accommodation options: Look at the employee’s limitations in relation to the job’s essential functions, identify any barriers between them, and find a solution that breaks down or eliminates the barriers. The employee might have ideas, and employers should consider them. This is the crux of the process.
4. Choose an accommodation: Employers may choose from effective options. They don’t necessarily need to give employees the requested accommodation. Leave, even beyond the 12 weeks of FMLA leave, can be a reasonable accommodation.
5. Implement the chosen accommodation: Put the accommodation in place. This may require getting new equipment and training on it, modifying employees’ work schedules, adjusting relevant policies, informing the appropriate personnel, coordinating services, reassigning the employee as needed, and offering support as required.
6. Monitor the accommodation: Watch for changes in performance or needs, check in regularly with open communication, and return to the interactive process if needed to explore alternative accommodation solutions and help ensure accommodations remain effective and appropriate over time.

Employers should not delay this process. Whether it takes 15 minutes or 5 days, employers should document it to help maintain consistency, demonstrate good-faith efforts, and ensure continuity when roles, needs, or personnel change. It also helps protect both the employer and employee by creating a transparent, verifiable record of the accommodation process.

Key to remember: To comply with the ADA, employers should follow 6 basic steps when employees ask for a workplace change because of a medical condition.

Choosing a NAICS code

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

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

One location, two establishments?

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

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

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

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

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

Employer Identification Number (EIN)

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

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

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

What happened?

An operator was overseeing a batch operation in a vessel (called a kettle) at a resin plant. While he left the room briefly, the kettle agitator unexpectedly shut down. He returned shortly but did not realize the agitator was off. Soon, the employee pushed a button to begin cooling the kettle contents. Normally, the agitator would be running, but it remained stopped.

A half hour later, the operator began adding a flammable solvent into the kettle to further cool the contents. Once the solvent was added, he waited. Meanwhile, the solvent and the hot resin did not mix, leaving the resin settled at the bottom and the solvent floating on top. After another half hour, the operator noticed that the contents were much hotter than expected. He investigated and noticed the agitator was not spinning. Immediately, he turned the agitator on.

With the agitator on, the solvent began to vaporize, increasing the pressure inside the kettle in seconds. When the pressure reached 9 pounds per square inch gauge (psig), a mixture of hot resin and flammable solvent vapor began spewing out through the seal of the manway at the top of the kettle.

The operator had trouble seeing and breathing. Closing his eyes, he tried to find the emergency-stop button but failed. He then evacuated the kettle room 20 seconds later and escaped the plant only 30 seconds before the vapor reached an ignition source and triggered an explosion. The explosion ignited flammable materials, causing a large fire.

Some employees evacuated by running through flames. Eight were transported to area hospitals with injuries like burns and fractures. One required a leg amputation. Firefighters found one employee fatally injured by thermal injuries and inhalation of products of combustion.

Safety issues

CSB’s investigation report identified numerous safety issues:

• Lack of mechanical integrity of the new manway installed on the kettle three months before the incident. The kettle was known to potentially build pressure up to 15 psig, but the plant only leak checked it up to 4 psig. In other words, it did not adequately pressure test equipment after alterations.
• No interlocks installed or configured to prevent the addition of solvent when the agitator was off.
• Not equipping computer panel indicators with alarms to communicate the agitator status.
• Poor emergency preparedness. Some gas monitors detected the release and sent an email to an offsite employee but did not sound an audible alarm to notify onsite employees of the need to evacuate. Employees were also not trained to recognize and respond to the presence of a flammable vapor cloud and its associated hazards. (An employee approached the release to investigate instead of evacuating.)
• Lack of flame-resistant personal protective equipment (PPE). Some resin plant operators were allowed to wear cotton short-sleeved shirts while working in proximity to flammable materials. (Proper PPE may have reduced or prevented the burn injuries, CSB argues.)

Cause

CSB determined the cause of the fatal explosion and fire was the release of flammable solvent through the seal of the closed manway that was not properly designed, constructed, or pressure tested to a design pressure appropriate for the process. The absence of engineering controls, but also inadequate emergency preparedness and a lack of flame-resistant uniforms, were contributing factors.

Lessons for the chemical industry

A lot of facilities deal with flammable and other hazardous chemicals. CSB urges facilities to consider these key lessons:

• Ensure equipment can safely operate within the safe operating limits.
• After equipment alterations, assure quality for normal as well as abnormal conditions.
• Consider both mechanical and chemical risks when designing equipment.
• Use the hierarchy of controls and prevention-through-design principles.
• Install lower explosive limit (LEL) detectors that trigger automatic shutdowns of process equipment with audible and visible alarms, if the facility handles flammable materials.
• Train employees in what actions to take when alarms are activated.
• Know the hazard characteristics (e.g., dense vapor cloud formation) of the chemicals present.
• Train employees in how to identify and react to hazardous situations.
• Provide employees with PPE that is protective against the hazards they may encounter in an emergency.

Key to remember

CSB issued a video highlighting the key safety issues of a real-life incident. The video urges the chemical industry to learn from it.

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.

Clear exit routes and egress paths

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

Design requirements

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

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

Performance requirements

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

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

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

Emergency action planning

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

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

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

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

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

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

What causes electrical accidents?

Electrical accidents are caused by one or more of the following:

• Unsafe equipment and/or installation.
• Unsafe workplaces caused by environmental factors.
• Unsafe work practices.

An accident such as high-voltage shocks can cause serious injury or even death.

How can it hurt me?

The effects of an electrical shock on the body can range from a tingle to immediate cardiac arrest.

Electrical currents travel in closed circuits through conducting material. Workers can receive a shock when a part of their body comes into contact with the following:

• Both wires of an electrical circuit.
• One wire of an energized circuit and the ground.
• Part of a machine that is ’hot’ because it is contacting an energized wire and the ground.

Severe shock can cause more damage than can be seen by the naked eye.

Safety 101

Workers must:

• Always make sure equipment is de-energized.
• Maintain electrical equipment.
• Regularly inspect tools, cords, grounds, and accessories. Have damaged equipment taken out of service immediately.
• Always use safety features like three-pronged plugs, double-insulated tools, and safety switches.
• Make sure that all machine guards are in place.
• Keep electrical cables and cords clean and free from kinks. Never carry equipment by the cord.
• Avoid touching water, damp surfaces, ungrounded metal, or any bare wires if you are not protected. Wear approved rubber gloves when working with live wires or ungrounded surfaces. Rubber-soled shoes or boots should be worn when working on damp or wet surfaces.
• Avoid wearing jewelry or metal objects when working with electricity.
• Keep the required safe distance from energized parts.

If workers are working where there are electrical hazards, employers must provide them with the appropriate PPE. Ensure that the equipment remains de-energized during service and maintenance activities by using lockout/tagout procedures.

Key to remember

Ensure that workers are familiar with the safety procedures for the job they are assigned to do. They should always use good judgment and common sense when working around electricity.