SAFETY & COMPLIANCE NEWS
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-04-03T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
What do employers risk if they violate the FMLA?
Employers that violate the Family and Medical Leave Act (FMLA) risk bad publicity, low employee morale, and high turnover. While these have economic consequences embedded into them, employers also risk lawsuits which can result in financial penalties that could impact their bottom line.
Employers that find themselves in a courtroom losing an FMLA claim might have to pay employees for lost wages and benefits due to the violation, including the following:
Back pay: Back pay refers to wages, salaries, and benefits an employee lost as a result of an employer’s wrongful actions. Back pay covers lost earnings from the date of termination (or other negative employment action) to the date of the judgment in the case. This can include actual monetary loss sustained by the employee up to:
- 26 weeks of wages for leave to care for a covered servicemember.
- 12 weeks of wages for leave for other FMLA-qualifying reasons.
Reinstatement: Employers might be ordered to reinstate the employee to their former position or an equivalent one. This is known as “equitable relief.”
Front pay: If reinstatement isn’t feasible, employers might have to pay future wages. Front pay refers to wages, salaries, and benefits the employee will lose in the future as a result of the employer’s actions (from the date of the judgment to some point in the future). If, for example, the employee can’t find a new job, the employer might have to pay the employee in the meantime.
Liquidated damages: These are typically equal to the amount of back pay, front pay, and interest, effectively doubling the compensation. Liquidated damages are amounts automatically awarded unless the employer can show that it acted in good faith. If, for example, the employer can show that it made an honest mistake when it denied an employee leave, the employee won’t be awarded liquidated damages.
Attorney fees and court costs: If the employee wins the case, the employer might be required to pay the legal fees and court costs incurred by the employee. This can include expert witness fees and other costs of the case, which can add up to thousands of dollars.
Civil penalties: The U.S. Department of Labor (DOL) can impose civil monetary penalties for willful violations.
Generally, the DOL doesn’t randomly investigate employer FMLA compliance. They could, however, discover noncompliance issues while investigating an employer for another labor-related matter.
Employees can file claims directly with the DOL. They may also file private lawsuits. Lawsuits must be filed within two years after the last action that the employee believes violated the FMLA, or three years if the violation was willful.
Key to remember: Employer FMLA missteps can result in big costs. In fiscal year 2024, the DOL obtained $1,482,398 in back wages alone for FMLA violations.
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RECENT INDUSTRY HIGHLIGHTS
2025-04-03T05:00:00Z
NewsIndustry News16-hour short-haul exceptionFleet Safety150 air-mile radius exceptionHours of ServiceHours of ServiceFocus AreaIn-Depth ArticleEnglishTransportationUSA
5 short-haul exceptions and how to use them
Commercial drivers who stay relatively close to home are often required to follow the same DOT safety regulations as long-haul truckers, but there are some exceptions they can take advantage of.
Most of these “short-haul” exceptions relate to the hours-of-service rules and provide a break from either the recordkeeping requirements or the limits on work hours.
The following are five commonly used exceptions from the federal (interstate) hours-of-service requirements for drivers who stay close to home. Review the terms to see if your drivers qualify, and remember: Drivers should never try to claim an exception unless they have a clear understanding of how it works and when it can be used.
Note that state requirements and exceptions may vary for intrastate operations.
1. 150-air-mile (CDL) exception
Who’s eligible? Drivers of property-carrying vehicles (“trucks”) that require a commercial driver’s license (CDL), and drivers of passenger-carrying vehicles (shuttles/vans/buses), who return to the starting location at the end of the day.
What are they exempt from? Standard grid-style logs (records of duty status), supporting documents (see 395.11), and 30-minute breaks (see 395.3(a)(3)(ii)).
What’s the maximum distance? 172.6 miles away from the reporting location (150 air miles) measured in a straight line in any direction.
What other conditions apply? On any day the exception is used, the driver must:
- Not drive a commercial motor vehicle (CMV) beyond the 150-air-mile radius,
- Return to the work-reporting location at the end of the day (unless classified as a driver-salesperson),
- Be completely off duty within 14 consecutive hours of the starting time, and
- Be off work for 8 (bus) or 10 (truck) consecutive hours before coming back on duty.
The driver remains subject to the daily limit of 10 (bus) or 11 (truck) driving hours and the weekly on-duty limit of 60 or 70 hours.
Which records are required? The motor carrier must have a record of the driver’s starting time, ending time, and total on-duty time for the day, and it must be retained for six months. “Driving” time does not need to be recorded separately from on-duty time, and drivers are not required to have records in the vehicle (though it is a recommended practice).
Where’s the rule? 49 CFR 395.1(e)(1)
2. 150-air-mile (non-CDL) exception
Who’s eligible? Drivers of property-carrying vehicles (“trucks”) that do NOT require a CDL and who return to the starting location at the end of the day.
What are they exempt from? Standard grid-style logs (records of duty status), supporting documents (see 395.11), 30-minute breaks (see 395.3(a)(3)(ii)), and — up to twice per week — the 14-hour limit (395.3(a)(2)).
What’s the maximum distance? 172.6 miles away from the reporting location (150 air miles) measured in a straight line in any direction.
What other conditions apply? On any day the exception is used, the driver must:
- Not drive a CMV beyond the 150-air-mile radius;
- Return to the work-reporting location at the end of the day (but does not necessarily need to go off duty); and
- Not drive after the 14th consecutive hour on at least five days out of any seven consecutive days, or after the 16th consecutive hour on up to two days out of seven.
The driver remains subject to the daily limit of 11 driving hours and the weekly on-duty limit of 60 or 70 hours, as well as the need for 10 hours off between shifts.
Which records are required? The motor carrier must have a record of the driver’s starting time, ending time, and total on-duty time for the day, and it must be retained for six months. “Driving” time does not need to be recorded separately from on-duty time, and drivers are not required to have records in the vehicle (though it is a recommended practice).
Where’s the rule? 49 CFR 395.1(e)(2)
3. 16-hour “big day”
Who’s eligible? Drivers of property-carrying CMVs who return to the reporting location daily.
What are they exempt from? The 14-hour limit (395.3(a)(2)).
What’s the maximum distance? None. Drivers must remain close enough to home base that they can return there before hitting the 16-hour limit (or any other limit).
What other conditions apply? This is the only short-haul exception with a “look back” requirement. On the day the exception is used, the driver must:
- Have returned to the starting location on the prior five work days (not including days off, and even if the driver got a 34-hour restart);
- Be back to the starting location and released from duty within 16 consecutive hours after the start of the day; and
- Only use the exception if it was not already used within the previous six consecutive days, unless the driver got a 34-hour restart.
The driver must also comply with the 30-minute break rule, the 11-hour driving limit, the 60/70-hour limit, and the need for 10 hours off.
Which records are required? The driver must use a standard grid-style log (395.8) and keep supporting documents (395.11). A driver cannot claim both this exception and one of the 150-air-mile exceptions on the same day.
Where’s the rule? 49 CFR 395.1(o)
4. Construction materials & equipment
Who’s eligible? Any driver primarily transporting construction materials and equipment. This means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project). Placarded vehicles are not eligible.
What are they exempt from? The need to remain off duty for 34 hours to restart the 60/70-hour limit. Instead, these drivers may get a restart with just 24 hours off.
What’s the maximum distance? 86.3 miles (75 air miles) away from the work-reporting location, measured in a straight line in any direction (though states are allowed to set the limit as low as 50 air miles for in-state-only operations).
What other conditions apply? Drivers remain subject to all other requirements: 10 hours off, 11 hours of driving within a 14-hour period, 30-minute breaks, and the 60/70-hour on-duty limit.
Which records are required? These drivers should qualify for a 150-air-mile exception as described above. Otherwise, a standard grid-style log and supporting documents are required (395.8 and 395.11).
Where’s the rule? 49 CFR 395.1(m)
5. Driver-salespersons
Who’s eligible? Any driver for a private carrier of property who:
- Is engaged both in selling goods*, services, or the use of goods, and in delivering (by CMV) the goods sold or provided or upon which the services are performed;
- Drives no more than half the total work hours; and
- Drives no more than 40 hours in any seven consecutive days.
*“Selling goods” includes soliciting or obtaining reorders or new accounts, or other selling or merchandising activities designed to retain customers or to increase the sale of goods or services.
What are they exempt from? The 60-hour/7-day or 70-hour/8-day limit.
What’s the maximum distance? 100 miles (not air miles) away from the work-reporting location, measured in a straight line in any direction.
What other conditions apply? Drivers remain subject to all other requirements: 10 hours off, 11 hours of driving within a 14-hour period, and 30-minute breaks.
Which records are required? These drivers should qualify for a 150-air-mile exception as described above. Otherwise, a standard grid-style log and supporting documents are required (395.8 and 395.11). Note that if a driver-salesperson wants to take advantage of the option to not return to the starting location when using the 150-air-mile exception in 395.1(e)(1), the driver must remain within a radius of 100 miles.
Where’s the rule? 49 CFR 395.1(c)
What’s an ‘air mile’?
An air mile (also known as a nautical mile) is a bit longer than the standard “land” (statute) mile tracked on a vehicle’s odometer. One air mile is equivalent to 1.15 miles on the road. Therefore:
- 100 air miles = 115.1 land miles, and
- 150 air miles = 172.6 land miles.
What’s an “air-mile radius”?
A radius is a straight line from the center of a circle to its edge. If a driver must remain within a 150-air-mile radius of the starting location, for example, then the driver may travel up to 172.6 miles away from that location, measured in a straight line (“as the crow flies”) in any direction. Because most roads aren’t built in a straight line, drivers and motor carriers must refer to a map — or better yet, an online mapping tool — to determine where the geographic boundary lies.
Note that a driver limited to a 150-air-mile radius is not limited to driving a specific number of miles within the radius. For example, a truck driver may drive much more than 172 miles in a day and still claim the 150-air-mile exception, as long as all driving (up to 11 hours) took place within the 150-air-mile radius.
Aren’t we exempt from other safety rules?
Most short-haul exceptions are tied to the hours-of-service rules only. Short-haul operations are NOT exempt from rules governing driver qualification files, vehicle markings, daily and annual vehicle inspections, cargo securement, insurance, licensing, drug testing, and many other safety mandates.
Key to remember: Short-haul and regional drivers who return home each day are eligible for certain exceptions from portions of the hours-of-service rules, though state requirements may vary.
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2025-04-03T05:00:00Z
NewsIndustry NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthMiningSpecialized IndustriesSafety and Health Programs and TrainingEnglishMine SafetyFocus AreaUSA
MSHA urges focus on health and safety hazards to prevent fatalities
Following an increased number of fatalities among miners, the Mine Safety and Health Administration (MSHA) has issued a safety alert urging mining employers to focus on identifying and eliminating health and safety hazards.
Between January 3 and March 5, 10 miners were killed on the job. Of the fatal injuries, four were caused by failures of ground or coal conditions, four involved improper maintenance or unsafe operation of equipment, one involved explosives, and the last was caused by failure to lockout and tagout equipment.
MSHA’s safety alert states that effective safety and health programs that include workplace examinations and hazard recognition and avoidance can help prevent these types of fatalities. Other best practices include:
- Operating and maintaining equipment in accordance with manufacturer’s recommendations,
- Clearing and removing all persons from the blast area unless suitable blasting shelters are provided to protect them from flyrock, and
- Developing and implementing policies and procedures to ensure tasks are performed safely.
The full alert can be found on MSHA’s website.
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2025-04-02T05:00:00Z
NewsIndustry NewsIndustry NewsDriver qualificationsDriving RecordsMedical waivers and exemptions - Motor CarrierAnnual MVR reviewDriver qualification and hiringFocus AreaFleet OperationsEnglishDriver disqualification - Non-CDL driversTransportationUSA
2 hot FMCSA medical news updates!
On April 1, 2025, the new versions of commercial driver medical certification forms, which now expire on March 31, 2028, were posted on the FMCSA website:
Those who work with commercial driver medical certifications have been waiting for an update from the Federal Motor Carrier Safety Administration (FMCSA) on these two important medical forms, which originally expired on March 31, 2025.
Changes to the forms
The Medical Examination Report (MER) MCSA-5875, also called the "Long Form," and the Medical Examiner’s Certification (MCSA-5876), or the "Fed Med" card, were approved by the Office of Management and Budget on March 27, 2025. However, they were not available on the FMCSA website until April 1, 2025.
The changes include the new expiration date of March 31, 2028, and a revision date of March 27, 2025. The address in the Public Burden Statement at the top of the form was also updated. FMCSA reviews and updates these forms regularly, and the Office of Management and Budget must approve the final versions.
FMCSA expects medical examiners to start using the new forms as soon as possible, but they can still use their old forms with the 3/31/2025 expiration date until they run out.
CDL driver medical certification update
Another important update affects commercial driver’s licensed (CDL) drivers. By June 23, 2025, the process for updating CDL drivers’ medical certifications will be easier. By this date, all State Driver Licensing Agencies (SDLAs) must be connected to the National Registry of Certified Medical Examiners (NRCME). This system is where examiners enter medical certification information after each exam.
Each state will switch to the new process once their system can receive CDL driver medical certification information, which will then appear on the motor vehicle record (MVR). A copy of a CDL driver’s MVR must be in the driver’s qualification file after each exam.
FMCSA still requires a copy of a non-CDL driver’s medical card to be in the driver qualification file. This process is not changing for non-CDL drivers.
What’s changing by June 23, 2025:
- CDL drivers won’t need to self-certify their medical cards with the SDLA because this will be done through the NRCME to SDLA connection.
- Carriers won’t need to note that the examiner was on the NRCME on the date of the exam.
CDL drivers and carriers should check the SDLA websites for their transition dates and instructions on CDL driver medical certification.
What’s not changing on June 23, 2025:
- CDL drivers need to verify their driving type when they get a new CDL or Commercial Learner’s Permit (CLP), or when they upgrade or renew their CDL. They must choose one of the following:
- Non-excepted Interstate (requires medical certification)
- Excepted Interstate (DOT exam not required)
- Non-excepted Intrastate (intrastate-only and medical certification required)
- Excepted Intrastate (intrastate-only and DOT exam not required)
- Carriers must place a CDL motor vehicle record (MVR) in the driver qualification file after each exam. The number of days allowed for this may decrease from the current limit of 15 days.
Overall, carriers, CDL drivers, and medical examiners must understand how the medical certification changes will impact keeping medically qualified drivers on the road.
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2025-04-02T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Fired employee miscoded time off as FMLA leave – Employer prevails in court
Jamie asked for and was granted intermittent leave under the federal Family and Medical Leave Act (FMLA) for a medical condition. As the expiration date for her FMLA leave approached, if Jamie wanted to extend it, she needed to complete and return a medical recertification. Jamie told her employer she wanted the extension but didn’t provide the requested certification.
The employer, therefore, denied Jamie’s request for extended FMLA leave.
Other form of leave
The company also gave employees 60 hours of unexcused absence (UA) leave every six months. As with FMLA leave, the company required employees to report and appropriately code their UAs in the attendance system.
If employees exceeded their allotted UA hours during a six-month period, their UA balance turned “negative.” Under company policy, the employer considered employees with a negative UA balance to have voluntarily resigned and terminated them.
Inaccurate coding
Jamie used 44.25 hours of UA leave. Even though the employer denied her request for more FMLA leave, she improperly coded 22.5 hours of absences as FMLA leave. These absences should have reduced her UA balance, but because she had incorrectly coded them as FMLA leave and not UAs, the company’s attendance reporting system didn’t reduce her UA balance.
Jamie continued to take more leave and either she or Nicole, her supervisor, coded the time off incorrectly as FMLA leave. Nicole audited Jamie’s reporting and discovered multiple discrepancies. Nicole concluded that if the days that Jamie had coded as FMLA leave were re-coded as UAs, her UA balance would turn negative, subjecting her to termination. Based on company policy, the employer fired Jamie.
Court sides with the employer
Jamie sued, claiming that the employer violated her FMLA rights.
The employer argued that it didn’t fire Jamie for taking FMLA leave, but for violating the company’s UA policy.
The court agreed with the employer’s request to have the case dismissed. The undisputed facts established that Jamie violated the company’s leave policies and was subject to termination regardless of her FMLA rights. Because Jamie didn’t give the employer a requested recertification, she lost her FMLA protections, as well.
Lacy v. Kohl’s Corporation, Eastern District of Wisconsin, No. 23-cv-0765, March 24, 2025.
Key to remember: Employees must still follow company policies including coding their absences correctly. Employees who fail to provide requested certifications risk their FMLA protections.
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2025-04-02T05:00:00Z
NewsIndustry NewsCompliance reviews - Motor CarrierFleet SafetyEnglishFocus AreaIn-Depth ArticleEnforcement - DOTTransportationUSA
What costs the most when it comes to non-compliance
One of the largest risks a motor carrier faces is a significant fine following a compliance review, safety audit, or focused investigation by the Federal Motor Carrier Safety Administration (FMCSA). How significant a risk is this? Based on 2024 closed enforcement data provided by FMCSA, that risk can cost over $100,000.
Most common issues at carriers with large penalties
Under the principle that you will not live long enough to make all the mistakes you can make, and therefore need to learn from others, let’s review which violations led to carriers paying a significant penalty.
The violations discovered at the carrier with the highest penalty in 2024 include:
- Loading and transporting leaking containers of hazardous materials (173.24),
- Using cargo tanks to transport hazardous materials that were not in compliance with the regulations (173.33),
- Not training drivers on transporting hazardous materials when required (177.800), and
- Using shipping papers that did not meet the requirements (177.817).
The violations at the carrier that had the second highest penalty in 2024 include:
- Using drivers that had suspended, revoked or otherwise invalid CDL (383.37);
- Having false logs (395.8(e)); and
- Not having a systematic maintenance program (396.3(a)).
Other violations in the top 10
Other violations found at the carriers that made up the top 10 most penalized carriers in 2024 included:
- Presenting false records (390.35)
- Not meeting the random drug testing minimums (382.305)
- Using a driver that had tested positive and had not completed the return-to-duty test (382.309)
- Using a driver without having verified negative drug testing results (382.301)
- Failing to conduct post-accident drug and alcohol testing (382.303)
- Failing to require drivers to submit a driver vehicle inspection report (DVIR) when required (396.11)
- Not conducting pre-employment and annual Drug and Alcohol Clearinghouse queries (382.701)
- Not having an accident register or not having all accidents on the accident register (390.15)
- Using a driver that was not correctly licensed (391.11(b)(5))
- Not having the required records of duty status (395.8(a))
All of these carriers were assigned penalties in excess of $58,000, with the highest being over $107,000.
Key to remember: Knowing which violations the most penalized carriers were penalized for can help the rest of us. Taking the list of violations and verifying your company is not committing violations in these areas can help reduce the odds you will make the most penalized list for 2025.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.