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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2026-03-03T06:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Help workers make the right choices even without rules
Individuals choose to engage in certain behaviors based on both internal and external constraints. Internal constraints are values that people apply to themselves. External constraints include rules and consequences that are intended to shape behaviors. While rules should guide behaviors, some people ignore the rules. However, for people who voluntarily choose the right behaviors based on their personal values, the rules are merely guidelines.
For example, a desire to avoid injury may cause you to always wear a seatbelt and never use a cell phone while driving. Although external constraints (laws on seat belt and cell phone use) may impact your choices, the desire to stay safe is an internal constraint or self-imposed behavior. You’d follow those safe behaviors even if no law existed.
Choosing to follow safety rules
Workplace safety rules should communicate expectations and should be self-evidently good practices. Although objections ought to be nonexistent, non-compliance is far too common. Rules may be necessary, but they’re effective only if people follow them, and some employees might grudgingly comply under an attitude of “we HAVE to do it this way.”
Internal constraints are more effective because employees choose to follow safety rules. Employees make these choices when they see the benefits to themselves, not simply to avoid discipline for rule violations. They recognize that the safety rules are reasonable and designed to protect them, so they choose to stay safe. For related information, see our article, To improve safety culture, focus on employees' experiences.
In other words, rules tell employees what choices to make, but internal constraints tell them why they should make those choices. When internal constraints drive behaviors, the rules are (in a sense) unnecessary because people would make the right choices anyway.
Valuing safety
When a company says that it values safety, the company strives to help everyone understand the value of safety. Employees should work safely because they recognize the benefits to the company as well as the benefits to themselves. The goal is to reach a point where rules serve as guidelines, and employees choose safe behaviors for the benefits, not to avoid consequences.
Helping employees develop internal constraints means helping them recognize the value of safety to themselves to the point that they adopt that value. This may require imposing consequences, but consequences can be negative (like discipline for making the wrong choice) or positive (like a bonus or recognition for doing the right thing). Even discipline can be delivered in a way that helps build internal constraints, such as issuing reminders along the lines of “because it keeps you from getting injured.” For related information, see our article, Giving positive feedback beyond 'good job'.
Accidents may still happen, but could provide an opportunity to evaluate whether an employee made the wrong choice and whether a different behavior could have changed the outcome. Although an accident usually means something went wrong, those failures are also learning opportunities that can help demonstrate the “why” for adopting safety as a value.
Key to remember: When safety becomes a value among the workforce, employees will choose to stay safe for their own benefit, not merely because the rules require it.
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RECENT INDUSTRY HIGHLIGHTS
2026-03-03T06:00:00Z
NewsFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAHealth PlansAssociate Benefits & CompensationIndustry NewsEmployee BenefitsEmployee BenefitsBenefits communicationHR GeneralistFlexible BenefitsFocus AreaHuman Resources
FSA premiums during FMLA leave
Under the federal Family and Medical Leave Act (FMLA), employers must maintain coverage under any group health plan while employees are on FMLA leave. This coverage must be at the level and under the conditions that employers would have provided had employees not taken leave.
When employees take unpaid FMLA leave, employers must continue paying the same amount toward the employee’s health insurance premiums as they did before the leave started.
What about cafeteria plans, such as flexible spending accounts (FSAs)?
Enter the IRS
The IRS has its own regulations regarding cafeteria plans in relation to FMLA leave that provide some clarity. Under those regulations, employers must allow employees on unpaid FMLA leave to either:
- Revoke coverage; or
- Continue coverage but allow the employees to discontinue payment of their share of the premium.
If employees choose to continue payments, they have several options:
- Pre-pay: Before leave begins, the plan may allow an employee to pay the amount due for the FMLA leave period. Employers may not, however, require that employees prepay the amounts. Contributions under this option may be made on a pre-tax salary reduction basis.
- Pay-as-you-go: Employees may pay their share of premiums on the same schedule as they would have been made if they weren’t on leave. Employees may also use the methods allowed under the FMLA, such as making payments on the same schedule as COBRA payments. Payments made under this option are generally made on an after-tax basis. Contributions may, however, be made on a pre-tax basis to the extent that the contributions are made from taxable compensation due to the employee during leave. If an employee fails to make the required payments, coverage may cease.
- Catch-up: Employers and employees may agree in advance that coverage will continue during leave, and that employees won’t pay premiums until they return from leave. Employers would be responsible for advancing premium payments on behalf of employees during leave. If an employee fails to make required premium payments while on leave, employers may use the catch-up option to recoup the employee’s share of the payments when the employee returns from leave. In such a situation, a prior agreement isn’t required. Contributions under this option may be made on a pre-tax salary reduction basis from any available taxable compensation, or on an after-tax basis. The plan may allow for the catch-up option to apply on a pre-tax basis if premiums haven’t been paid on any other basis.
Employers may require employees to use the catch-up option if it is the only option offered to employees on unpaid non-FMLA leave. If the pay-as-you-go option is offered to employees on unpaid non-FMLA leave, the option must also be offered to employees on FMLA leave.
If employees are using paid leave during otherwise unpaid FMLA leave, employers may require employees to pay their share of the premiums by the method they normally use during any paid leave.
Key to remember: Employers must be aware of how to handle employee FSA contributions during FMLA leave.
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2026-03-02T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierDriver qualificationsDriving RecordsFocus AreaIn-Depth ArticleEnglishTransportationUSA
Building a consistent MVR and PSP review process
Motor carriers face two major pressures today: Keeping trucks staffed with qualified commercial drivers and reducing the risk of lawsuits after preventable crashes. As a result, driver screening is more important than ever.
After a crash, attorneys often review a carrier’s hiring and monitoring decisions and claim the company “should have known” a driver posed a safety risk. At the same time, ongoing driver shortages may tempt carriers to overlook warning signs found in motor vehicle records (MVRs) or pre-employment screening program (PSP) reports.
These challenges make it essential for carriers to build and consistently follow a clear, defensible scoring process for reviewing drivers.
Why MVR and PSP data matter
Divers with prior driving-related license suspensions are six times more likely to be involved in later incidents, according to a recent government study. Because license suspensions often follow repeated violations or serious offenses, such as driving under the influence (DUI), they’re important indicators of risk. Still, they shouldn’t be the only factor considered.
The Federal Motor Carrier Safety Administration expects carriers to review all available records to determine if a driver has shown a lack of regard for public safety. Carriers, however, must define what’s acceptable or not.
MVRs provide official state records of traffic convictions and license actions, while PSP reports include federal inspection history, Department of Transportation (DOT) reportable crash involvement, and roadside violations — regardless of citation or conviction. PSP reports, while not required, are great supplemental tools to help carriers evaluate a potential driver.
Staffing pressure shouldn’t replace safety
Driver shortages can create operational challenges, but lowering qualification standards to fill staffing gaps often leads to more crashes and increased legal risks. In litigation, hiring decisions are often examined in detail. Missing serious violations or ignoring available information can support claims of negligent hiring or retention.
A structured scoring process helps carriers show that their decisions were reasonable, documented, and based on established criteria, not based on convenience.
What a strong scoring model includes
A solid scoring model should be simple enough to be used consistently while still detailed enough to ensure only safe drivers are placed on the road. Important elements include:
Violation severity
- Assign higher points or issue disqualifications for major offenses such as DUI, reckless driving, excessive speeding, leaving the scene of an accident, etc.
- Count minor violations, but separate them by severity.
Time weighted
- Consider that older violations may carry less weight if the driver demonstrates improvement.
Crash history
- Score preventable crashes more heavily.
- Distinguish DOT recordable crashes from minor incidents. MVRs and PSP reports do not always indicate whether a driver is at fault.
License suspensions or revocations
Treat any suspension as a major risk factor. Consider whether the suspension was for driving or administrative issues.
Make an active suspension or invalid license a disqualifier.
PSP report inspection patterns
- Watch for repeated issues such as speeding, log falsification, or maintenance violations.
- Use PSP reports as a supplemental screening tool because they can only be used in pre-employment.
The goal isn’t to reject more drivers but to create a fair, transparent system documenting why a driver was accepted, declined, or accepted with conditions.
Common scoring approaches
Many carriers use one of the following approaches:
- Pass/fail criteria: Simple and fast, but offers little flexibility when staffing is tight.
- Tiered scoring (Accept / Conditional / Decline): Provides balanced flexibility but requires consistent use and close monitoring.
Consistency is the key when it comes to hiring safe drivers. A scoring process that isn’t followed can be more damaging than having no process at all.
Make monitoring part of the process
Don’t wait 12 months to review driving records. Many carriers use continuous MVR monitoring on active drivers to identify issues earlier and take timely action. In many states, monitoring may also meet the annual MVR requirement under 391.25.
Key to remember:
A clear, consistent scoring system for evaluating MVR and PSP data helps carriers balance operational needs with the responsibility of putting safe drivers on the road.
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2026-02-27T06:00:00Z
NewsIndustry NewsClassification - HazmatHazmat SafetyExpert InsightsHazmatFocus AreaEnglishTransportationUSA
Expert Insights: The problem with saying "not regulated"
One of the most common and most dangerous phrases I hear in hazmat conversations is, "That's not regulated." Sometimes it's said confidently, sometimes with relief, and sometimes to shut the discussion down. The problem is that "not regulated" rarely means what people think it means.
In the DOT hazmat world, very few materials fall completely outside the regulations. More often, a material is excepted from specific requirements or qualifies for relief from certain sections of the Hazardous Materials Regulations (HMR). That distinction may seem minor, but it has real compliance and safety implications.
Exceptions aren't exemptions from responsibility
The HMR includes many exceptions, such as limited quantities, excepted quantities, and materials of trade. These provisions are intentional. They reduce regulatory burden where risk is lower and make transportation more practical.
However, problems arise when those exceptions are misunderstood. Someone sees that a material is excepted from placarding, labeling, or shipping papers and assumes the hazmat rules no longer apply. Training gets overlooked, procedures loosen, and documentation disappears. In reality, most exceptions are narrow by design. They remove some requirements, not responsibility.
A familiar example
Limited quantities illustrate this well. Limited quantity shipments are often excepted from placarding and, in many cases, from labeling and shipping paper requirements. What’s often missed is that limited quantity materials are still hazardous materials under the HMR.
Classification still matters. Quantity limits still apply, as do general packaging requirements and employee training. Anyone who prepares, offers, or transports limited quantity hazmat as part of their job is still a hazmat employee, even if the shipment doesn't look like "hazmat" on the truck. Calling it "not regulated" skips that nuance and creates unnecessary risk.
The danger of stopping too early
Many compliance mistakes happen because someone stops reading after the first favorable sentence. They see phrases like excepted, not subject to, or does not require and move on. What they miss are the conditions and limitations that follow.
That relief comes with strings attached. Failing to read the full provision can mean using the wrong packaging, exceeding quantity limits, skipping required training, or misunderstanding when an exception no longer applies. Those gaps usually surface during an inspection, an incident, or a shipment that goes wrong.
Enforcement doesn't care about intent
"I thought it wasn’t regulated" carries no regulatory weight. From an enforcement standpoint, the question is whether the shipment met the conditions of the exception. If it didn’t, the full requirements apply, and violations can add up quickly.
This is especially true when exceptions are applied informally or without documentation. Without evidence that the material was evaluated and the remaining obligations were understood, it becomes difficult to defend the decision later.
"No paperwork" doesn't mean "no system"
Another common misconception is that if shipping papers aren’t required, internal controls aren't needed. Even when documentation doesn’t travel with the shipment, companies still need a way to show the material was properly classified, the correct exception was applied, and employees were trained for their functions.
Those results don't happen by accident. They require procedures, training records, and oversight, even when the shipment itself appears simple.
Where compliance really begins
In hazmat transportation, "not regulated" is almost never the right conclusion. A better question is which requirements apply and which don’t. Exceptions are useful tools, but they are not shortcuts around responsibility.
Understanding where regulatory relief ends is the difference between smart compliance and accidental noncompliance. When someone says a shipment is "not regulated," that shouldn’t end the conversation. More often than not, it's where the real work begins.
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2026-02-27T06:00:00Z
NewsGreenhouse GasesIndustry NewsIndustry NewsStationary Emission SourcesAir EmissionsEnvironmental Protection Agency (EPA)CAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsAir ProgramsUSA
EPA extends 2025 GHG reporting deadline
The Environmental Protection Agency (EPA) finalized a rule on February 27, 2026, extending the submission deadline for the 2025 annual greenhouse gas (GHG) report from March to October 2026.
Who’s impacted?
The final rule applies to facilities regulated by the GHG Reporting Program (GHGRP) at 40 CFR Part 98. Generally, the GHGRP’s annual reporting requirement applies to three types of reporters:
- Large industrial sources of GHG emissions (that directly emit 25,000 or more metric tons of carbon dioxide equivalent (CO2e) per year);
- Fuel and industrial gas suppliers (whose products would result in 25,000 or more metric tons of CO2e of GHG emissions per year if released, combusted, or oxidized); and
- CO2 injection facilities (that receive 25,000 or more metric tons of CO2 for injection).
What’s the change?
The final rule extends the submission deadline for the reporting year (RY) 2025 annual GHG report from March 31, 2026, to October 30, 2026. The delay applies only to RY 2025.
EPA explains in the final rule that delaying the submission deadline for the RY 2025 GHG report gives the agency time to take final action on the proposed revisions to the GHGRP (published in September 2025).
What does the GHG report cover?
The GHGRP requires facilities to report GHG data and other related information covering the previous calendar year.
The subparts under Part 98 contain the reporting requirements, and regulated facilities must report emissions for all applicable source categories. Reporters must use specific methods to calculate GHG emissions, which are detailed in the regulations; they can usually choose from a collection of methods.
Key to remember: EPA’s final rule delays the submission deadline for the 2025 annual GHG report from March to October 2026.
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2026-02-26T06:00:00Z
NewsIndustry NewsSafety & HealthErgonomicsGeneral Industry SafetyIn-Depth ArticleEnglishErgonomicsFocus AreaUSA
Why digital eye strain deserves a central role in workplace wellness
In today's growing digital work environment, our eyes are constantly engaged, often for eight hours or more a day, tethered to screens of various sizes. This digital exposure has given rise to a frequently underestimated condition: Digital Eye Strain (DES), also known as Computer Vision Syndrome. While visible workplace injuries like falls or cuts rightly receive immediate attention, cumulative impact of DES often goes overlooked, eroding employee well-being and productivity.
Why DES slips under the radar
DES has a quantity of uncomfortable symptoms like dry or irritated eyes, blurred vision, headaches, neck pain, and even double vision. These symptoms can be signals of significant eye fatigue. The reason DES remains an "invisible epidemic" in many workplace safety discussions is due to a few factors:
- Non-Acute nature: Unlike a sudden injury, DES symptoms develop gradually. Employees might attribute discomfort to lack of sleep, allergies, or general stress rather than prolonged screen time.
- Lack of formal reporting: There isn't a standardized protocol for reporting "tired eyes" or "mild headaches" as a workplace injury, leading to under-reported statistics.
- Perceived normalcy: Many assume eye discomfort is an inevitable part of office work, normalizing symptoms that should be addressed.
- Focus on physical hazards: Traditional workplace safety prioritizes tangible physical risks, often overlooking ergonomic and visual health factors associated with digital work.
A 2025 Workplace Vision Health Report from VSP Vision Care shows just how impactful Digital Eye Strain can be. According to the report, nearly six in ten employees say digital eye strain negatively affects their productivity and effectiveness on the job. About half report that it diminishes their overall well-being and leaves them too tired to enjoy time outside of work and makes them more irritable throughout the day. Even more concerning, 27 percent of employees have taken time off due to eye strain.
How companies can integrate DES awareness
Luckily, there are prevention methods. Raising awareness and prevention of DES can be done by:
- Promoting the "20-20-20 Rule": This simple yet powerful rule is a cornerstone of DES prevention. Every 20 minutes, employees should look at something 20 feet away for at least 20 seconds. This helps relax the focusing muscles of the eyes and reduces dryness. Companies can implement gentle reminders through desktop pop-ups or shared calendar events.
- Self-Assessment Checklists: Provide employees with simple checklists to evaluate their own workstation ergonomics (screen distance, lighting, chair height).
- Invest in Eye-Friendly Tech: Encourage the use of anti-glare screen filters, adjustable monitor arms, and high-resolution displays. Offer or subsidize computer glasses designed to filter blue light and enhance contrast.
- Optimal Lighting: Educate employees on the importance of ambient lighting that minimizes glare on screens and avoids harsh overhead lights.
- Encouraging Regular Eye Exams: Promote the value of annual eye exams. Many DES symptoms can mimic or worsen underlying vision problems that only a professional can diagnose. Emphasize that these exams are not just for vision correction but for overall eye health monitoring.
Keys to remember: By proactively addressing Digital Eye Strain, companies don't just reduce discomfort; they invest in a more focused, productive, and healthier workforce.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.