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
NewsIndustry NewsFleet SafetyIn-Depth ArticleCMV Parts and MaintenanceParts and Accessories - Motor CarrierFocus AreaMaintenance and periodic inspectionsFleet OperationsEnglishVehicle maintenanceTransportationUSA
November
Smart maintenance strategies for small fleets: Minimize downtime, maximize profit
For many small fleets, maintenance and repairs can be an ongoing battle. In-house shops are often not cost effective, and freight lanes sometimes require drivers to have trucks serviced at locations far from terminals. Inevitable breakdowns result in unscheduled downtime, resulting in late deliveries or missed loads. Proactive planning can help minimize downtime.
The first line of defense
Every manufacturer has a scheduled maintenance recommendation. Carriers may have policies and procedures that require maintenance to be done at shorter intervals. To be proactive about breakdowns on the road, getting an overall inspection with each oil change will help identify potential problems before they happen. Scheduled downtime is always less costly than unexpected delays.
When trucks don't often visit terminals, identifying quality shops can be difficult. Start by identifying your most common routes and looking for shops along the way. Truck stops are often the most convenient place to have maintenance performed but often limit their services to only the oil change without any additional inspection. There is usually a cost for convenience, and this can sometimes be a more expensive way to go. Looking for a trusted chain, or having independent shops on your list, can help in coordinating maintenance between a delivery and the next pickup.
Major repairs
When your chain of vendors chosen to do your preventive maintenance identifies potential problems, they may not be equipped to do the repairs themselves. Choosing to have major repairs done far from home can be questionable at best. Deciding where to have your work done when it is discovered makes a huge difference in the time required, expense of the repairs, and quality of work. Waiting to get to a known vendor to have the repair made can result in a costly roadside breakdown. Dealers usually provide quality work but often take longer to do the repairs due to the volume of business they do. Local repair shops may have limited inventory, having parts overnighted at your expense will just add to the cost of repairs and may add additional delays. Most shops will provide a warranty for their work, but that is little help if the repair fails and your driver is now 1000 miles away.
Your network of maintenance providers may be able to help you find reputable repair shops near them. They value your business and would not intentionally send you to a shop that could not meet your needs. They could be your best partner for major repairs.
When the unexpected happens
Breakdowns are inevitable. No matter how well you plan, or how proactive your maintenance, unforeseen failures will happen eventually. The time to look for a mobile mechanic is before you need one, not when you need one. The internet has made finding a quality roadside tech easier. Ratings and reviews can tell you a lot about past customer experiences. There are maintenance subscriptions for commercial vehicles that can help locate the nearest mechanic, and they take some of the guesswork out of the process. Key to remember: A proactive approach to vehicle maintenance helps eliminate downtime, schedule service between loads, and keep your trucks moving.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2025-11-24T06:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishEqual Employment Opportunity Commission (EEOC)Focus AreaHuman Resources
Making the case for supervisor FMLA training
When it comes to the federal Family and Medical Leave Act (FMLA), supervisors often are the link between employees and a company’s leave administrator. The leave administrator generally doesn’t know which employees have requested time off that could be protected by the FMLA. The supervisor, on the other hand, is usually aware of employees requesting time off, but they might not know whether the time off would be FMLA leave.
Bridging this gap is why supervisor FMLA training is so important. It can help them identify situations in which an employee could be putting the company on notice of the need for leave, triggering the company’s FMLA obligations.
Employee notices can come in a variety of ways, and they don’t need to even mention the FMLA the first time around. Supervisors, therefore, have to know how to recognize clues and know how to respond correctly.
When companies fail in their FMLA duties, they can land in court. Case law has many examples of supervisors being the weak link in the FMLA compliance chain. One in particular stands out.
Case in point
On Monday, April 15, Grace, a long-term employee, was unexpectedly hospitalized for a mental health condition. Her son, James, called her employer to tell them Grace was extremely sick and hospitalized. He called again each day as Grace remained hospitalized until April 24. James talked to Darlean, Grace’s supervisor, Candy, Darlean’s supervisor, and even Trent, Candy’s supervisor. At one point, Candy told James that it wasn’t acceptable for him to call instead of his mother and told him not to call again. Grace could speak, but was unintelligible.
On Monday, April 22, Candy told the HR VP that Grace violated the company’s no call/no show policy by being absent from work on April 19, 20, and 21, without personally notifying her.
On April 25, Grace’s doctor faxed an FMLA certification to the company indicating that Grace needed leave until May 24. On April 30, the company fired Grace for abandoning her job by failing to call in to report her absences.
Grace sued the company and Candy individually, arguing that they interfered with her FMLA rights. The employer (and Candy) wanted the case dismissed, saying it fired Grace for not following the company policy.
The ruling
The court ruled in favor of Grace. It pointed out that when an employee's need for FMLA leave is unforeseeable, they are excused from complying with the employer's policy. Grace was unable to call in, given her condition.
The employer made no effort to fulfill its duty to investigate whether the FMLA required Grace to comply with its call-in policy and whether the notices that James provided were adequate. The court said that James’ notices were enough.
The court took the employer to task for not training its supervisors. It said, “[t]he fact that [Candy], who made termination decisions, had little FMLA training is further evidence of [the company’s] lack of good faith [compliance].” The only supervisor who had FMLA training wasn’t told about Grace’s situation.
The court wondered why supervisors, after Grace returned, didn’t ask her why she hadn’t personally notified them about her absences and need for leave, nor did they reexamine their decision to fire Grace.
The final price tag of the case was more than $284,000. Supervisor FMLA training would have cost much less.
Boadi v. Center for Human Development, Inc. and Candy Pennnington, District Court of Massachusetts, No. 14-cv-30162, September 21, 2017.
Key to remember: Supervisors can be an employer’s weak link in its FMLA compliance chain. Training can help strengthen the link and avoid expensive claims.
Keep reading...Show less
2025-11-24T06:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Focus AreaIn-Depth ArticleMedical ExaminationsHR ManagementEnglishFamily and Medical Leave Act (FMLA)USADisabilities and ADADisabilities and ADAHuman Resources
Risks of using the FMLA certification for non-FMLA leave
The federal Family and Medical Leave Act (FMLA) allows employers to ask most employees to certify that the reason for their leave qualifies for time off work. Employers often use the U.S. Department of Labor’s model certification forms for this.
The forms ask for quite a bit of information. For medical conditions, they ask that a health care provider disclose the type of condition and how much leave the employee needs, whether for one extended period of time or smaller chunks of time.
These forms could be useful for leave that doesn’t fall under the FMLA. Using them could, however, also pose compliance risks to employers.
Non-FMLA leave
Not all employers are covered by the FMLA, and even if they are, not all of their employees might be eligible to take FMLA leave. Therefore, employers might offer employees who aren’t eligible to take FMLA leave, unpaid time off that is similar to the FMLA.
Using the FMLA’s certification for non-FMLA leave seems like it would be handy. Because the form often refers to the FMLA, however, this could give the employee the idea that the absence would fall under the FMLA. This could give an employee the impression of being fully protected under the law when they take time off.
The FMLA certification also refers to the law’s definition of a serious health condition. Employees could take non-FMLA leave for reasons that don’t meet that definition or for reasons that don’t otherwise qualify for FMLA leave.
Misrepresentation
If an employer represents — or implies — that an employee is entitled to FMLA leave, and the employee acts on that representation only to suffer some consequences because they did, the employer might have to keep its promise to provide FMLA leave. It might have to give the employee true FMLA leave, complete with all the job protections.
Employees can sue employers that fall into this rabbit hole, and employers can’t avoid FMLA liability if they tell employees that they (employees) were taking FMLA leave. Employees could use the FMLA’s certification as evidence that the employer represented to them that they were entitled to FMLA leave.
Looking at the FMLA certification forms, it would be easy to see why an employee might think they had FMLA rights and protections.
Other forms
To help avoid this, when employees need non-FMLA leave (e.g., sick time), employers should use other forms that prominently state that the employee isn’t entitled to FMLA leave. The federal Americans with Disabilities Act (ADA) has restrictions on asking medical questions or requiring medical exams. Therefore, the information requested on the form should be consistent with the particular need for time off, and not ask for too much information.
If, for example, an employee needs time off for their own condition, which could be a disability, employers could ask for reasonable documentation (like a doctor’s note), but likely wouldn’t need the same information as in the FMLA certification.
Employers could provide a description of the employee's job duties, for example, including any physical qualification standards, and ask that the employee provide documentation of their limitations related to the job duties and potential accommodations.
To ask for such documentation, the disability or the need for the accommodation must be unknown or not obvious.
If the condition isn’t a disability, employers may still ask employees for documentation supporting their leave. The information requested should reflect the company policy, which should not ask for more than what is really needed.
Key to remember: Employers fare better in risk avoidance if they don’t use the FMLA’s certification forms for non-FMLA leave.
Keep reading...Show less
2025-11-24T06:00:00Z
NewsHazardous WasteIndustry NewsWaste GeneratorsWaste/HazWasteSatellite AccumulationWasteEnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
Avoiding costly mistakes: The most common RCRA hazardous waste violations
If your facility generates hazardous waste, compliance with the Resource Conservation and Recovery Act (RCRA) is not optional. Yet many businesses overlook key requirements, leading to violations that can cost thousands in fines and damage their reputation. Understanding the most common mistakes and how to prevent them can keep your operations safe and compliant.
The most frequent violations according to EPA
One of the most common errors is failing to determine whether a waste is hazardous. Businesses often assume leftover chemicals, contaminated rags, or spent filters are non-hazardous without testing or applying EPA criteria. Misclassification leads to improper storage and disposal, which can escalate into multiple violations.
Container management is another frequent problem. Inspectors often find containers without the required “Hazardous Waste” label or missing the accumulation start date. Some containers are left open or improperly sealed, allowing leaks or vapors to escape. These issues are easy to fix but often overlooked in busy facilities.
Weekly inspections are mandatory for central accumulation areas, yet many companies skip them or fail to document them correctly. Missing dates, signatures, or inspection logs can result in citations even if the area is otherwise compliant.
Employee training is another weak spot. Large Quantity Generators must train staff on handling hazardous waste and emergency procedures and keep records of that training. Training should be job specific including emergency response specific to the facility. When training is incomplete or undocumented, it counts as a violation even if employees know what to do.
Improper disposal is a serious and costly mistake. Pouring hazardous waste down drains, tossing it in regular trash, or shipping it without a manifest violates federal law. These actions can lead to severe penalties and, in some cases, criminal liability.
Other common issues include exceeding accumulation time limits, 90 days for large quantity generators and 180 days for small quantity generators, without obtaining a permit. Facilities also forget to maintain a valid EPA identification number or fail to update contingency plans and emergency contact information.
How to stay compliant
Start with a thorough waste determination. Identify all materials that could be hazardous and classify them correctly and keep a record of the waste determination. Review container labeling and make sure every container is closed, dated, and marked “Hazardous Waste.” Establish a routine for weekly inspections and keep detailed records.
Invest in employee training and refresh it regularly. Document every session and keep those records accessible. Monitor accumulation times and set reminders to move waste before deadlines. Always use the Uniform Hazardous Waste Manifest when shipping waste off-site, and verify that your transporter and disposal facility are authorized.
Finally, maintain your EPA site ID number and update your contingency plan. Make sure emergency equipment is available, and local responders have your contact information.
Key to Remember: RCRA compliance is detailed, but most violations stem from simple oversights such as open containers, missing labels, skipped inspections, or forgotten paperwork. By building strong procedures and training your team, you can avoid costly mistakes and keep your facility safe and compliant.
Keep reading...Show less
2025-11-21T06:00:00Z
NewsIndustry NewsEnglishEMS Audits and EvaluationsEnvironmental Management SystemsEnvironmentalIn-Depth ArticleUSAEnvironmental Management SystemsFocus AreaEnvironmental Management Systems
Expert Insights: Connecting environmental compliance and employee safety
Environmental compliance and workplace safety are often treated as separate priorities, but they’re deeply connected. A strong environmental compliance program doesn’t just protect the environment; it also significantly improves safety outcomes, reduces risks, and safeguards employees.
Why environmental compliance matters for safety
Environmental compliance means following laws and regulations designed to prevent pollution and protect natural resources. These rules often overlap with occupational safety standards because environmental hazards such as chemical spills, air emissions, and improper waste handling can directly harm workers.
For example:
- Chemical spills can create slippery surfaces, leading to falls and injuries.
- Air emissions from volatile chemicals can cause respiratory illnesses or even explosions if vapors accumulate.
- Improper waste storage can result in fires or toxic exposure.
The Environmental Protection Agency (EPA) focuses on preventing environmental contamination, while the Occupational Safety and Health Administration (OSHA) ensures safe working conditions. Ignoring environmental requirements can lead to unsafe conditions like toxic exposure, fire hazards, and respiratory risks.
How tracking spills reduced slips
A few years ago, I worked with a manufacturing facility that had recurring slip incidents near the chemical storage area. Initially, they were treated as isolated safety issues. The facility added cautionary signs, but the problem persisted.
After talking with the safety officer, I noticed a pattern. Since these near-miss spills occur inside a building, they typically aren’t reportable from an environmental compliance standpoint. These small drips during drum transfers or hose disconnections weren’t classified as “spills” by operators, so they weren’t cleaned up immediately.
The facility implemented a new process. Every chemical drip or near-miss spill had to be logged and addressed as part of both environmental and safety compliance. Absorbent mats were added near transfer stations, drip trays were installed under valves, and employees were trained to report even minor leaks and spills.
Within 3 months, slip incidents dropped significantly. By integrating spill tracking into the safety program, they not only reduced injuries but also improved their EPA audit scores. This new process of tracking near-miss spills also proved to be a good leading indicator. The facility discovered trends in equipment maintenance and had a more complete picture of the cost of releases.
The business case for integration
Integrating environmental compliance into safety programs offers several advantages:
- Reduced risk of incidents: Compliance minimizes hazards that could harm employees and the environment.
- Regulatory collaboration: Many safety and environmental requirements overlap, allowing for streamlined processes.
- Enhanced reputation: Demonstrating commitment to both safety and sustainability builds trust with regulators, customers, and the community.
- Cost savings: Preventing spills, fires, and injuries avoids costly fines, cleanup expenses, and workers’ compensation claims.
To maximize the impact of environmental compliance on safety programs, industrial facilities should consider the following:
- Joint audits: Evaluate environmental and safety risks together to identify overlapping controls.
- Holistic employee training: Include environmental compliance topics in safety training sessions and toolbox talks (and vice versa).
- Integrated procedures: Develop standard operating procedures that address both environmental and safety requirements.
- Technology: Implement monitoring systems for air quality, spill detection, and waste tracking.
Environmental compliance is a key driver of workplace safety. By integrating both programs, facilities can protect employees and the environment at the same time.
Keep reading...Show less
2025-11-20T06:00:00Z
NewsDisabilities and ADAFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAReasonable AccommodationsIndustry NewsDiscriminationDiscriminationPregnancy DiscriminationHR GeneralistAssociate RelationsFocus AreaDisabilities and ADAHuman Resources
May employees take leave for menopause?
There’s been quite a bit of chatter recently about employee rights regarding menopause. Rhode Island, for example, is the first state to pass a law mandating menopause workplace accommodations. Since menopause can result in varying symptoms, some employers might wonder if employees are entitled to take leave under the federal Family and Medical Leave Act (FMLA) for it.
The answer is: It’s possible.
The FMLA doesn’t have a list of serious health conditions for which employees may take leave. To figure out if a condition qualifies for leave, employers must refer to the FMLA’s definition of a serious health condition and compare it to the information in the employee’s medical certification.
If an employee’s or a family member’s menopause-related symptoms meet the definition, the employee may take FMLA leave for them.
If, for example, an employee experiences panic attacks or bouts of depression because of menopause, the employee could be entitled to take FMLA leave. As such, the FMLA leave could be intermittent when symptoms flare up.
What about the PWFA?
Under the federal Pregnant Workers Fairness Act (PWFA), employers have to provide reasonable accommodations to an employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Similar to the FMLA, the PWFA also doesn’t include condition details, like a complete list of related limitations or specifically mention menopause.
In the vote for the final PWFA regulations, the Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas said, “Thus, the final rule opens the door to requiring accommodations potentially extending to a myriad of conditions ranging from infertility to menstruation to hormone issues to menopause.” The current EEOC might revise the PWFA regulations, in which the agency could provide more details.
Therefore, until the EEOC provides more guidance, the courts might need to chime in on whether employers have to accommodate an employee’s menopause symptoms. If employers don’t want to be legal guinea pigs, the safest route would be to allow time off for menopause.
What about the ADA?
The federal Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to the known disability of an employee or applicant. A disability is an impairment that substantially limits one or more major life activities.
Like the FMLA and PWFA, the ADA also doesn’t have a complete list of conditions that are disabilities. Employers have to assess each situation on the facts involved to determine if menopause rises to the level of a disability,
Key to remember: Employers must give employees FMLA leave for menopause if the symptoms meet the definition of a serious health condition.
Keep reading...Show less
Search all news
Got a Compliance Question?
We’ve Got You Covered!
Get clear, reliable answers from experts with 500+ years of combined experience.
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.