SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-03-28T05:00:00Z
NewsIndustry NewsVehicle TitlingInternational Registration Plan (IRP)Focus AreaIn-Depth ArticleFleet OperationsEnglishTransportationRegistration and Permits - Motor CarrierUSA
Expert Insights: Considering your options for apportioned registration
For companies with only one facility, choosing a base jurisdiction for apportioned vehicle registration is clear. The home state will be the only option. But for those with locations in multiple states, what makes one state a better choice than another?
Possible advantages
Companies apportioning trucks under the International Registration Plan (IRP) must choose a base jurisdiction (state or province) to work with. If more than one jurisdiction could qualify as the base jurisdiction for your company, you have the option to choose which one you’ll apply to for apportioned registration.
But what’s the difference? Some states are considered favorable for IRP registration due to:
- Streamlined processes,
- User-friendly systems,
- Lower fees, and/or
- Efficient services.
Must still qualify
But it’s not as simple as picking the easiest state to work with. You must prove that you have an “established place of business” in the jurisdiction you wish to choose.
The IRP provides a three-part test to determine your base jurisdiction. All three parts must be met for a state or province to qualify as your base jurisdiction.
If you have an “established place of business” in more than one jurisdiction, it might pay to do a bit of research on those states to determine which would be the best fit for your operations.
It doesn’t change what you pay for your miles
Note that having this option does not change what you’ll pay to every state where you operate. The recordkeeping and reporting requirements under IRP lead to registration fees based on 100 percent of the distance traveled, by jurisdiction.
Regardless of your base state, each state where you operate will get their portion of the fees based on their rate and the miles you operate there.
The bottom line
If you have facilities in multiple states, you may have options when it comes to picking a base jurisdiction to work with. But remember that — whichever state you choose — you’ll need to meet the criteria for “established place of business” to qualify.
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RECENT INDUSTRY HIGHLIGHTS
2025-03-28T05:00:00Z
NewsIndustry NewsFleet SafetyDriver qualificationsDrivers qualification (DQ file)Driver qualification and hiringFocus AreaIn-Depth ArticleEnglishTransportationUSA
Promoting from within to CMV driving roles? Follow a checklist to avoid nuclear verdict detonators
Moving a non-regulated employee to a commercial motor vehicle (CMV) driving role might seem straightforward. The transition involves navigating a web of Federal Motor Carrier Safety Regulations (FMCSRs). Avoid costly compliance mistakes that could result in audit fines, or potential detonators of a nuclear verdict in post-crash litigation.
Below is an overview of the minimum compliance requirements and a link to complete checklist.
Driver qualification file (DQF) documents
The DQF must include:
- Department of Transportation (DOT)-regulated employment application (391.21): Different from a general employment application, this document requires a three-year history of the driver's residences and employment (regulated and non-regulated), the social security number (SSN) and birth date, along with other elements required by 391.21(b).
- Motor vehicle records (MVRs) (391.23(a)(1)): MVRs must be obtained from each of the driver’s licensing authorities in the prior three years. MVRs are run every year thereafter for the annual review (391.25). MVRs help assess the licensing status and the history of violations and accidents.
- Safety Performance History (SPH) (391.23(d)): Verify the driver's employment dates and DOT accidents at regulated employers in the prior three years within 30 days of the date they moved to a CMV driving role. If all three years were in a non-regulated role, that must be documented.
- Road test certification (391.31): Non-CDL and CDL drivers must pass a road test to demonstrate their ability to operate a CMV safely. The road evaluation and certificate must be in the DQF. A carrier can choose to accept a copy of a CDL or a road test certificate issued by a carrier in the past three years.
- Medical certification (391.43): A certified medical examiner (CME) from the National Registry of Certified Medical Examiners (NRCME) must certify the person before they operate any CMV, not their personal care provider (PCP). The medical certificate must be renewed at least once every two years prior to the expiration date. CDL drivers must have their medical certification information on their MVR.
A detailed qualification checklist is available at this link: DQ File Checklist.
Drug and alcohol testing records
For employees that will operate a CDL-CMV (see the definition in 383.5), DOT drug and alcohol testing and Clearinghouse query requirements apply. Before operating a CDL CMV for the first time, in addition to verifying that the driver holds a valid CDL, the employer will need the following documented:
- Pre-employment drug test result (382.301),
- Pre-employment query of the Clearinghouse (382.701(a)),
- Receipt signed by the driver for the DOT drug and alcohol policy (382.601(d)), and
- Proof that the driver was asked about previously failed DOT pre-employment tests within the past two years (40.25(j)).
Key to remember: Reduce the risk of costly accidents or fines due by following a qualification checklist when moving an employee from a non-regulated job to one involving the operation of a CMV.
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2025-03-27T05:00:00Z
NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Who can fill out FMLA forms? The answer might surprise you
One of the most common questions involving the federal Family and Medical Leave Act (FMLA) that we see is: “Can ________ fill out the medical certification?”
This question stumps a lot of HR people and can be a little confusing.
It might be easier to start with who CAN’T fill out an FMLA certification. That includes your coworker, best friend, neighbor, or pet.
Jokes aside, often (but not always) a doctor fills out the FMLA certification, and since March 30 is “Doctors’ Day,” this is a great time to discuss this topic.
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:
- Certification of Health Care Provider for Employee's Serious Health Condition,
- Certification of Health Care Provider for Family Member's Serious Health Condition,
- Certification of Qualifying Exigency for Military Family Leave,
- Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave, and
- 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.
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2025-03-27T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyEnglishFederal Motor Carrier Safety Administration (FMCSA), DOTOut-of-service criteria - Motor CarrierFocus AreaEnforcement - DOTRoadside InspectionsTransportationUSA
New OOS criteria in effect April 1 — no foolin’!
Time to spring into action: The new 2025 North American Standard Out-of-Service Criteria (OOSC) goes into effect April 1, 2025.
Created and enforced by the Commercial Vehicle Safety Alliance (CVSA), the OOSC is the guidance officers use to determine if a violation discovered during a roadside inspection makes the driver or vehicle an imminent hazard. If an imminent hazard is discovered, the violation must be corrected before the driver or vehicle can operate again.
Changes for 2025 include:
- Drivers (Part I)
- All drivers without a valid medical certificate will be placed out of service (391.41). Previously, property-carrying drivers with no previous history of operating without a valid medical certificate were allowed to continue driving.
- The driver supervising a driver with a commercial learner’s permit (CLP) must be fully authorized to operate the vehicle the CLP holder is driving, or the CLP holder will be placed out of service (383.25).
- If a Canadian driver’s Transportation of Dangerous Goods (TDG) training certificate does not list specific classes, the driver is not to be placed out of service. However, if it does list specific classes and the driver is hauling a class not covered by the TDG training certificate, the driver will be placed out of service.
- Vehicles (Part II)
- If a trailer has no brakes due to an electrical connector being disconnected, it’s to be placed out of service and documented as one violation (not one violation per inoperative brake).
- If an air-braked trailer has no brakes due to the trailer service gladhand being disconnected, it’s to be placed out of service and documented as one violation (not one violation per inoperative brake).
- A kinked or crimped air hose will no longer be considered an out-of-service violation (it is still a violation of 393.45, just not an out-of-service violation). If the brake is not functioning due to the kinked or crimped hose, it will be documented as an inoperative brake and could lead to an out-of-service violation.
- A vehicle with an air hose that is marked as another type of hose will be placed out of service (such as a hose marked as a fuel or hydraulic hose, 393.45).
- When testing the tractor protection valve (TPV), a vehicle will only be placed out of service if both air tanks are below 20 psi before the TPV closes automatically (if either system tank is over 20 psi when the TPV closes, it is not a violation, 393.43).
- A violation and out-of-service order for loose dunnage will be written as a vehicle violation, not a driver violation (392.9(a)(2)).
- Missing lamps and flags on projecting loads are now a separate out-of-service violation (393.9).
- A cracked, broken, or missing U-bolt plate is now an out-of-service condition (393.207).
- A note was added clarifying that a rubber mudflap in contact with a tire is not an out-of-service violation.
- A sidewall leak in a tire will result in an out-of-service order, even if the vehicle is equipped with an automatic tire inflation system that is keeping up with the leak (393.75).
- The OOSC sections related to bias and radial tires were combined.
Several diagrams in the OOSC were also updated to clarify what parts are being addressed. Several inspection bulletins (which provide guidance to officers), as referenced in the OOSC, were also updated.
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2025-03-27T05:00:00Z
NewsIndustry NewsBusiness planning - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
Avoid risk during a merger or acquisition
Mergers and acquisitions (M&A) in the trucking industry bring with them a distinct set of compliance challenges, particularly when it comes to adhering to the safety regulations.
As businesses consolidate or acquire other motor carriers, they must carefully navigate various regulatory requirements to ensure they remain compliant with Federal Motor Carrier Safety Administration (FMCSA) regulations standards.
The registration process
A key starting point in the M&A process is updating the FMCSA’s MCS-150 form. This form contains critical information about a company's operations, such as:
- Fleet size,
- Geographic scope, and
- Safety performance.
Following a merger or acquisition, the MCS-150 needs to be updated to accurately reflect the new fleet, operational changes, and organizational structure. Failing to revise this form can lead to non-compliance, negatively impacting a company’s safety rating and legal standing.
Driver qualification and maintenance files
Driver qualification (DQ) files are another crucial area of compliance. FMCSA regulations mandate that motor carriers maintain detailed DQ files for each driver, including records of their qualifications, medical exams, and any traffic convictions. During an acquisition, reviewing and verifying the DQ files of all drivers is essential to ensure they meet FMCSA standards. Missing or incomplete records could lead to penalties or legal repercussions. You assume any deficiencies — even if the violation occurred under the previous owners.
Additionally, vehicle maintenance records are integral to FMCSA compliance. Mergers and acquisitions often involve integrating new vehicles into an existing fleet, and it’s important to ensure that the maintenance records for these vehicles are up-to-date and comprehensive. FMCSA regulations require regular inspection, repair, and maintenance to ensure vehicle safety. Any lapses in maintenance records, especially for newly acquired vehicles, could result in potential legal issues.
As part of the M&A process, conduct mock audits. They can be an effective strategy to identify potential non-conformance and address them proactively. These internal audits can reveal gaps in regulatory compliance across all areas, from driver qualifications to vehicle maintenance and safety procedures. Mock audits offer an opportunity to correct discrepancies before they lead to penalties.
Ensuring that tractor DOT markings comply with FMCSA guidelines is a necessary step when integrating new equipment into a fleet. All acquired vehicles should be properly marked with the new carrier’s legal trade name and USDOT number. Inconsistent or incorrect marking can be flagged during audits or inspections, posing potential compliance risks.
Merging of safety cultures
Finally, integrating the safety cultures of two merging companies can be a complex task. Different companies may have divergent approaches to safety training, compliance monitoring, and incident reporting. Harmonizing these practices and aligning them with FMCSA standards is essential to prevent lapses in safety and regulatory compliance.
A successful M&A transition requires thorough due diligence, including:
- Updating regulatory filings,
- Maintaining precise record-keeping, and
- Ensuring that safety procedures are consistent across the organization.
Key to remember: By focusing on these regulatory requirements, trucking companies can ensure they remain FMCSA-compliant and avoid costly missteps.
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2025-03-27T05:00:00Z
NewsIndustry NewsLockout/TagoutSafety & HealthLockout/TagoutGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishFocus AreaUSA
An interlock IS a safety lock, right?
Since an interlock keeps a machine from running, it can be used for lockout, can’t it? It seems logical; however, OSHA says “no” .... for now. According to the Control of hazardous energy (lockout/tagout) standard at 1910.147, energy isolating devices don’t include electronic control devices such as interlocks, buttons, or switches.
There is some good news, however! This is something that OSHA is currently reviewing as they consider technological advancements that are becoming available.
What are appropriate lockout devices?
The standard defines a “lockout device” as “a device that utilizes a positive means such as a lock, either key or combination type, to hold an energy isolating device in a safe position and prevent the energizing of a machine or equipment. Included are blank flanges and bolted slip blinds.” Key factors in this definition are “positive” and “hold” meaning there must be a sure way to keep energy from be restored and reactivated until a device is removed.
Simply turning off a machine or using an interlock does not ensure that the machine can’t be turned back on or that potential hazardous energy is fully isolated. Energy isolating devices (EIDs) are mechanical devices that physically prevent energy release or transmission and include:
- Manually operated electrical circuit breakers;
- Disconnect switches;
- Line valves or blocks;
- Manually operated switches where circuit conductors can be disconnected from all ungrounded supply conductors AND in which no pole can be operated independently; and
- Any similar devices used to block or isolate energy.
The standard clarifies that push buttons, selector switches, and similar control devices are not considered EIDs by OSHA. Interlock devices cannot replace a formal LOTO program and procedures using an energy-isolating device, lock, or tags. While interlocks can be tied to lockout/tagout (LOTO) to enhance its safety, they can’t be used in place of an EID.
Are there any exceptions to the LOTO rule?
OSHA’s minor servicing exception (1910.147(a)(2)(i)) allows for alternative measures of effective protection from hazardous energy, which can include an interlocked safety switch, provided that when the interlock is opened or removed, the tripping mechanism and/or power automatically shuts off or disengages, and the machine cannot cycle or be started until the switch/guard is back in place. Replacing the switch/guard should not automatically restart the machine.
The ONLY time minor servicing is permitted is when activities are routine, repetitive, integral to using the equipment, AND when there are alternative measures in place that are equally protective as LOTO. Key components of the exception include:
- Minor servicing— tasks of short duration which take place during normal production operations that are necessary for the equipment to perform its intended functions.
- Alternative measures — procedures that provide equally effective protection from hazardous energy such as remote devices, local disconnects, or specially designed tools.
- Routine — tasks required to be performed as a part of a regular course of procedure.
- Repetitive — tasks required to be repeated regularly as part of the production process or cycle.
- Integral — tasks required as part of the production process or essential to operations.
Examples of minor servicing activities include clearing jams, minor cleaning or adjustments, and lubrication, provided they can be performed safely while the machine is running. Regardless of the types of LOTO, alternative measures, or interlocks, employees (and their body parts) must be protected from harm.
Keys to remember: OSHA requires EIDs for LOTO and doesn’t permit the use of interlocks for energy isolation. The minor servicing exception to the LOTO standard is only permitted when activities are routine, repetitive and integral to equipment use and alternative measures are in place that are as protective as LOTO .
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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.