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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.
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2026-09-11T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Can safety risk change during a shift? Let's talk about that.
Safety rules don't change during work shifts. The conditions that affect employees, however, can. Attention, energy, reaction time, and decision-making can change as fatigue, repetition, stress, and production pressures build throughout the shift. Those changes can create safety pressure points throughout the workday. Recognizing them can help employers provide support at the right time.
Watch for pressure points
Certain parts of a work shift can create conditions that increase the likelihood of distraction, fatigue, or rushing:
- Start of shift: Employees may not immediately recognize what has changed since the previous shift, leading to missed updates, overlooked hazards, or incomplete inspections.
- Before breaks or lunch: The desire to finish "just one more thing" can lead to rushing, skipped procedural steps, or leaving work in an unsafe condition.
- Mid-to-late shift: Fatigue, heat, and repetitive work can accumulate throughout the shift, increasing physical and mental strain.
- End of shift: Cleanup, production goals, and shift handoffs can all compete for attention at the same time.
These pressure points won't look the same in every workplace. Hours worked, task demands, staffing levels, environmental conditions, and production pressures can all influence when employees are most likely to be distracted, fatigued, or rushed. Rather than offering another reminder to "be careful," employers should look for the factors creating the pressure and address them.
Why safety risk can change
OSHA and NIOSH both recognize that fatigue can affect safety. As work hours increase, attention, reaction time, and judgment can decline. Factors such as extended shifts, demanding work, heat, stress, and nontraditional schedules can make those effects more noticeable. and dangerous.
Fatigue and other pressures can make it harder to notice changing conditions, follow established procedures, or choose the safest response. A routine task can become riskier when something changes, and no one recognizes it in time.
Situational awareness plays a role as well. As tasks become repetitive, familiar safety checks can start to feel automatic. When that happens, it may lead to overlooking a changing condition, a new hazard, or something out of the ordinary.
For example, an employee who has safely moved materials dozens of times during a shift may be less likely to notice an obstacle in the travel path or a load that has shifted unexpectedly.
Let your own records tell the story
There's no universally dangerous time that applies to every workplace. Your own records may provide the best insight. Review incident investigations, near-miss reports, first-aid cases, and hazard observations. Look for patterns involving:
- The point in the shift when the event occurred;
- Hours worked;
- Time since the last break;
- Overtime;
- Staffing levels;
- Workload and production demands;
- Environmental conditions; and
- Whether a break, deadline, shift change, or quitting time was approaching.
Look for trends rather than focusing on individual incidents. The goal is to identify when employees face the greatest pressures and determine what factors may be contributing to the risk.
Act on what you find
Once employers identify where safety pressure points exist, they can take steps to reduce the risk before an incident occurs. Practical strategies may include:
- Empowering supervisors to pause or adjust work when conditions raise safety concerns;
- Holding brief hazard reviews at the start of a shift or when conditions change;
- Reviewing overtime, staffing, workload, and production demands;
- Rotating repetitive or demanding tasks when practical;
- Providing meaningful opportunities for rest, stretching, and hydration;
- Assessing environmental factors such as lighting and temperature;
- Planning safe stopping points before breaks and shift changes; and
- Using consistent shift handoffs to communicate hazards and operational changes.
Key to Remember: Safety expectations don't change with the clock, but the conditions affecting your people do. Find your pressure points, dig into what's driving them, and fix them before they cause an incident.
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2026-09-11T05:00:00Z
NewsNational Labor Relations Board (NLRB)Employee RelationsIn-Depth ArticleDress codesUnions/Labor RelationsEnglishHR ManagementUSAIndustry NewsHR GeneralistUnions/Labor RelationsAssociate RelationsFocus AreaHuman Resources
Understanding dress code limits can be a tall order for employers
Between a more casual approach to work attire and the increase in remote work, dress code policies have been on HR’s back burner. A recent case, however, returns dress codes to the limelight.
The case
In early September, the U.S. Court of Appeals for the Second Circuit rejected the National Labor Relations Board’s (NLRB) view of employer dress code policies adopted in 2022.
In the case, a union representing workers in a New York City location of a national coffeehouse chain challenged these three parts of the company’s dress code policy:
- In addition to company-approved or issued pins, cafe employees may wear on their apron “one reasonably sized and placed button or pin that identifies a particular labor organization or a partner’s support for that organization, except if it interferes with safety or threatens to harm customer relations or otherwise unreasonably interferes with the company’s public image.”
- Employees are “not permitted to wear buttons or pins that advocate a political, religious or personal issue.”
- While employee shirts may have a small manufacturer logo, they may not have “other colors, designs, logos or writings” other than those pre-approved by the company.
The Second Circuit refused to enforce the NLRB’s findings that these policies were unlawful, reasoning that the NLRB’s reliance on its decision in Tesla, Inc., 371 NLRB No. 131 (Aug. 29, 2022), misapplies precedent and rests on “erroneous legal foundations.”
Finding the right balance
In Tesla, the NLRB adopted the presumption that all employer dress code policies that limit an employee’s right to display union insignia are presumed to be unlawful. The Second Circuit now joins the Fifth Circuit in refusing to enforce Tesla. The Second Circuit said that Tesla was inconsistent with precedent.
Referencing U.S. Supreme Court precedent from Republic Aviation, 324 U.S. 793 (1945), the Second Circuit urged a return to the balancing test between “the undisputed right of self-organization assured to employees … and the equally undisputed right of employers to maintain discipline in their establishments.”
The court added that employees have the right to wear items that relate to unionization and other protected matters at work, but employers aren’t prevented from making and enforcing reasonable rules covering the conduct of employees on company time, because “working time is for work.”
The Second Circuit sent the case back to the NLRB asking the board to “apply a more evenly measured balancing test” and suggested what to consider in its analysis, including:
- How much the rule limits employees’ Section 7 rights (i.e., whether the employer enforces a full or partial ban on union insignia during working time);
- Whether the employer’s policy is neutral on its face, nondiscriminatory, and consistently enforced; and
- The context, or legitimate business reasons underlying the rule.
The Second Circuit also addressed how much weight courts must give NLRB decisions. Under the U.S. Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo, courts aren't required to defer to a federal agency’s interpretation of the law it administers.
Takeaways for employers
The decision gives employers in the Second and Fifth Circuits more leeway to draft neutral dress code policies that limit union insignia.
Employers should also be aware that the legal standard may continue to change. In August, the NLRB’s General Counsel listed dress codes and a possible reversal of Tesla as future priorities. Employers should, therefore, review appearance policies carefully, document the reasons for restrictions, and consult counsel before limiting union-related clothing or insignia.
Key to remember: A federal appeals court rejected the NLRB’s presumption that dress-code limits on union insignia are automatically unlawful.
Starbucks Reserve Roastery v. National Labor Relations Board, No. 24-3168 (2nd Cir. September 2, 2026)
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2026-09-11T05:00:00Z
NewsUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsIndustry NewsWage and HourWage and HourBreaks and Meal PeriodsHours WorkedTipsHR GeneralistFair Labor Standards Act (FLSA)Non-Exempt employees Associate RelationsFocus AreaHuman Resources
DOL publishes 3 new opinion letters — Agency insight helps with wage and hour compliance
On Labor Day, September 7, the U.S. Department of Labor (DOL) issued three new opinion letters that apply the federal Fair Labor Standards Act (FLSA) to these questions:
- Must employers pay employees for time spent walking to the lunch area?
- May employees perform additional duties as volunteers?
- May supervisors keep tips when bartending?
Opinion letters not only answer a detailed question on a particular employment scenario; they also provide wage and hour compliance guidance for other employers. Below is a snapshot of each letter.
1. Pay for time spent walking to lunch
An employer provided a 60-minute lunch break, during which employees spent between 6 and 14 minutes walking to and from the designated break area. An employee wondered if the employer had to pay for the time spent walking to the break area, and whether the lunch break was long enough to be considered “bona fide.”
The DOL said that the employer didn’t have to pay for the time spent walking to the break area, and that typically, 30 minutes or more is long enough for a bona fide meal period under the FLSA. The lunch period was long enough to use it to eat a meal, even accounting for the travel time required. It appeared that employees were relieved from any work responsibilities during that time. The 46 to 54 minutes available for employees after arriving at the break area was more than enough to eat a meal.
2. Employees volunteering
A nonprofit organization had both exempt and nonexempt employees performing some jobs and volunteers performing different tasks. Some employees wanted to do the volunteering tasks in addition to their regular jobs.
The DOL said that employees may freely and without coercion from the employer or its agents, volunteer to do work that’s neither the same nor of a similar type as the work that they’re employed to do. Put another way, an employee can’t be both a paid employee and a non-paid volunteer while performing the same type of work for the same employer.
3. Supervisors keeping tips
A restaurant had a tip pool for bartenders, hosts, and bussers. A supervisor primarily performed management duties, but also periodically bartended. When this employee bartended, they collected a “tip out” from the servers. This employee also often helped the hosts and bussers while also performing managerial tasks and collected a portion of the “tip out” intended for hosts or bussers, as well. The employer asked whether the employee may receive a portion of other employees’ tips through the employer’s “tip out” arrangement when bartending or helping hosts and bussers while also serving as a supervisor.
The DOL said that the FLSA prohibits supervisors from keeping any portion of other employees’ tips, regardless of whether the supervisors also work as bartenders or help other employees. Supervisors may, however, keep any tips they receive directly from customers based on the service the supervisors directly and solely provide.
Key to remember: The DOL provides FLSA insight into 3 detailed situations regarding lunch breaks, employee volunteers, and supervisors dipping into tip pools.
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2026-09-10T05:00:00Z
NewsIndustry NewsSafety & HealthElectrical SafetyGeneral Industry SafetyElectrical SafetyOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishFocus AreaUSA
Electrical safety: Facts about the flash
Arc flashes kill an average of 400 workers every single year when an electrical fault creates a sudden release of energy that sends extreme heat, intense light, and a powerful pressure wave blasting toward the worker. These events can also cause serious, and often permanent, injuries such as severe burns and hearing loss, as well as significant equipment damage that results in operational downtime. Understanding the risks and implementing preventive measures is essential for protecting workers and maintaining a safe work environment.
Where the danger lies
The three key terms in arc safety are electric arc, arc flash, and arc blast. These terms are often confused with one another or used interchangeably; however, they are quite different phenomena. Understanding their distinction is essential for effective safe work practices.
- Electric arc: The breakdown of electrical insulation allowing current to reach the air or take another unintended path.
- Arc flash: The intense light and heat generated during electrical arcing. The flash is essentially an electrical explosion that occurs when an electrical current leaves its intended path and travels through the air from one conductor to another or to the ground.
- Arc blast: The extreme pressure wave created from the electric arc. The blast follows shortly after the flash and is the result of vaporized copper expanding at an alarming rate.
An electrical arcing incident occurs when a short circuit an electric current is sustained outside of its normal conductive pathway like through the air (think: lightning). Although air is usually clean and non-conductive, it becomes conductive when particles gain or lose electrons while floating in the air. The change in electrons creates plasma, which gives the current a new and extremely dangerous path which results in a flash followed by a blast.
Respect the numbers[
The numbers associated with an electrical arcing incident should, alone, be enough to show why arc flash and blast safety matters:
- Temperatures during an arc flash can reach up to 35,000°F which is approximately 4 times hotter than the surface of the sun.
- During an arc blast, copper vaporizes and expands by a factor of 67,000 times.
- Pressure from an arc blast can reach up to 2,000 pounds of force which is the equivalent of a full-grown draft horse plowing into a person’s body.
- Blasts from an arc flash can propel molten metal and debris at up to 700 miles per hour, which is faster than the cruising speed of a commercial airplane.
- More than 2,000 people a year are treated in burn centers for arc flash-related injuries, resulting in 6 to 8 months of lost work time.
- Penalties for arc flash-related injuries can be over $160,000 per violation.
- Average medical expenses for an arc-flash survivor is $1.5 million with an additional $5 million to $10 million in litigation settlements.
Key Elements of Arc Flash Safety
Prioritizing arc flash and blast safety demonstrates a commitment to employee well-being and operational integrity. An effective arc flash safety program will include:
- Conducting a thorough arc flash risk assessment to identify potential hazards, calculate incident energy levels, and label equipment accordingly.
- Implementing engineering design solutions such as arc-resistant equipment;
- Maintaining electrical systems and good housekeeping to reduce the likelihood of faults that lead to arc flashes or dust accumulation that can provide a travel path for rogue arcs.
- Providing appropriate personal protective equipment (PPE), such as flame-resistant clothing, face shields, and insulated gloves, based on the calculated risk level and enforcing employee use.
- Delivering regular training on electrical hazards, safe work practices, and emergency response procedures.
- Encouraging employees to report electrical hazards, safety issues, near misses, and incidents so preventative measures can be taken.
- Ensuring compliance with OSHA and consensus standards like NFPA 70E so safety measures meet legal requirements and industry best practices.
Key to remember: Electrical arcing incidents kill hundreds of workers each year and can cause catastrophic injuries, property damage, and downtime. Understanding the hazards of electric arcs, arc flash, and arc blast is essential for implementing the right protective measures in the workplace.
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2026-09-10T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
Unplanned FMLA leave and getting the job done
The federal Family and Medical Leave Act (FMLA) entitles eligible employees to job-protected, unpaid time off for certain qualifying reasons. Sometimes, employees can take the leave if it’s unplanned, which can put employers in a tough position finding worker coverage. Last-minute, unforeseeable, intermittent time off for FMLA issues, such as flare-ups, often poses the biggest challenge in FMLA administration.
Some of the ways employers can manage unpredictable leaves are by:
- Cross-training employees,
- Having backup staff ready,
- Tapping into float pools, or
- Offering voluntary shift swaps.
Keeping schedules updated and assigning temporary responsibilities can also help ensure there are employees available to help get the work done.
Managers can coordinate with other managers to share workload and avoid overburdening any one employee.
The more intermittent leave employees are taking, the more beneficial these types of tactics are.
Employers that aren’t familiar with the FMLA regulations might think that they can transfer an employee who needs intermittent leave (or leave on a reduced leave schedule) to a different job. The regulations state, however, that’s allowed only when the leave is foreseeable based on planned medical treatment.
Call-in policy
Employers may hold employees to their usual and customary call-in policies. Employers may, for example, require employees to call a designated number or a specific individual to request leave.
If, however, an employee requires emergency medical treatment, they wouldn’t have to follow the call-in procedure until:
- Their condition is stabilized,
- They have access to a phone or other means of communication, and
- They’re able to use a phone or other communication method.
If an employee doesn’t comply with the employer's usual notice and procedural requirements, and no unusual circumstances justify the failure to comply, the employer may delay or deny FMLA-protected leave.
It’s still FMLA leave
If an employee needs FMLA leave and follows the proper call-in procedures, the employer must count that time as FMLA leave. The employer isn’t allowed to claim that an employee’s FMLA leave poses an undue hardship, even if they’re managing a heavy workload. The FMLA doesn’t have an undue hardship defense; that falls under the Americans with Disabilities Act.
Employers that fail to provide the leave risk a claim that they interfered with the employee’s FMLA rights.
Key to remember: The FMLA doesn’t dictate how employers get the job done when employees take FMLA leave, and employers can’t deny the leave, but can take some steps to mitigate potential issues.
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2026-09-10T05:00:00Z
NewsIndustry NewsIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnglishHeat StressFocus AreaUSA
OSHA’s proposed heat rule debated during House subcommittee hearing
OSHA’s proposed heat illness and prevention rule took center stage during a September 2 hearing held by the House Workforce Protections Subcommittee.
Elizabeth Milito of the National Federation of Independent Business urged Congress to pass a bill that would prevent OSHA from issuing a permanent heat rule, citing the General Duty Clause already protects workers from heat-related hazards. Rebecca Reindel, director of occupational safety and health for the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) countered that the clause has a “broader, higher burden of proof” than a regular OSHA standard, including the need to satisfy a four-part test to issue a citation.
The rule, originally published in the Federal Register on August 30, 2024, would apply to employers conducting outdoor and indoor work in general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction and require them to implement a heat injury and illness prevention plan, along with other provisions.
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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.