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2026-10-13T05:00:00Z
NewsIndustry NewsHuman ResourcesAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Focus AreaIn-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSADisabilities and ADADisabilities and ADAReasonable Accommodations
Is providing an accommodation instead of FMLA leave okay? The law says, “No.”
Eligible employees may take leave for qualifying reasons under the federal Family and Medical Leave Act (FMLA). But may an employer require an employee to accept a workplace accommodation instead of taking FMLA leave? What if the absence creates a hardship for the employer?
The answer is likely no.
Under FMLA regulations at 825.702(d), if an employee is entitled to FMLA leave, the employer may not require the employee to take a job with a reasonable accommodation in place of that leave.
In other words, an employer generally may not deny FMLA leave and require the employee to keep working in a modified job, even if the employer offers similar pay and benefits or adjusts the job so the employee can perform its essential functions.
Is there an exception?
There’s a limited exception for certain intermittent or reduced schedule leaves. If the need for leave is foreseeable because of planned medical treatment, or if the employer agrees to intermittent or reduced schedule leave for bonding with a healthy child, the employer may temporarily transfer the employee to an available alternative position. The employee must be qualified for the position, however, and the position must better accommodate the recurring leave than the employee’s regular job.
This exception doesn’t apply when the leave is unforeseeable, such as during episodic flare-ups related to a chronic condition.
When the employee requests a different arrangement
The FMLA doesn’t prohibit employers from agreeing to an employee’s request for a different shift, schedule, or position when the employee returns from leave. However, employers may not pressure or require the employee to accept a different position against the employee’s wishes.
Applies to any accommodation
This rule applies to any workplace accommodation. For example, in lieu of leave, an employer may not require an employee to:
- Work from home,
- Use modified equipment, or
- Accept changes to a workstation.
No undue hardship defense under the FMLA
Unlike the federal Americans with Disabilities Act, the FMLA doesn’t include an undue hardship defense. This means that employers may not deny FMLA leave because the employee’s absence creates staffing challenges, affects productivity, or burdens a department.
Key to remember: If an employee is entitled to FMLA leave, the employer may not require the employee to accept an accommodation instead of taking that leave.
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2026-10-13T05:00:00Z
NewsIndustry NewsEnglishIRP and IFTA recordkeepingFocus AreaIn-Depth ArticleFleet OperationsFleet TaxesInternational Fuel Tax Agreement (IFTA)Fleet taxesTransportationUSA
Check your fuel-card records before the 2027 IFTA change
Effective January 1, 2027, an amendment to the International Fuel Tax Agreement (IFTA) Procedures Manual specifies that an accepted transaction listing for fuel tax credit must be generated by the third-party fuel card system involved in the original fuel purchase transaction.
Previously, the manual generally allowed a transaction listing “generated by a third party.” Under the revised requirement, the listing must come specifically from the third-party fuel card system involved in the original purchase transaction.
Who is affected?
This change matters primarily to IFTA licensees that:
- Claim tax-paid fuel credit and rely on fuel-card transaction listings instead of individual receipts; or
- Use third-party administrators or reporting platforms to compile fuel purchase data.
Other records still qualify
Starting January 1, 2027, the base jurisdiction will not allow a licensee credit for tax paid on a retail fuel purchase unless the licensee produces, with respect to the purchase:
- a receipt, invoice, or transaction listing from the seller;
- a credit-card receipt;
- a transaction listing generated by a third-party fuel card system involved in the original transaction; or
- an electronic or digital record of an original receipt or invoice.
Transaction details
Regardless of the record type, the document must contain all required transaction details for filing and recordkeeping purposes.
For tax-paid credit on a retail fuel purchase, the valid retail receipt, invoice, or transaction listing must contain:
- The date of the fuel purchase;
- The name and address of the seller of the fuel (a vendor code, properly identified, is acceptable for this purpose);
- The quantity of fuel purchased;
- The type of fuel purchased;
- The price of the fuel per volume, or the total price of the fuel purchased;
- The identification of the qualified motor vehicle into which the fuel was placed; and
- The name of the purchaser of the fuel (where the qualified motor vehicle being fueled is subject to a lease, the name of either the lessor or lessee is acceptable for this purpose, provided a legal connection can be made between the purchaser named and the licensee).
If the documentation does not qualify, the fuel purchase may not be accepted as tax-paid fuel. You could lose the associated credit and owe additional tax through your IFTA return.
What should you do?
If you rely on fuel-card transaction listings, verify that the reports you retain are generated by the fuel card system involved in the original transaction and contain all required transaction details.
Pay particular attention if fuel data passes through another reporting or fleet-management system before you use it for IFTA reporting. Confirm that the retained listing remains a record generated by the fuel card system involved in the original transaction, rather than a secondary or reconstructed summary.
Key to remember: Beginning January 1, 2027, a third-party transaction listing must also come from the fuel card system involved in the original purchase. Verify both the source and the contents of your fuel records before claiming tax-paid credit.
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2026-10-13T05:00:00Z
NewsIndustry NewsPhysical exam - Motor CarrierFleet SafetyDriver qualificationsDrivers qualification (DQ file)Driving RecordsFocus AreaIn-Depth ArticleUSAEnglishTransportationPhysical exam - Motor Carrier
The MEC grace period is over: How carriers can stay compliant
Since 2015, motor carriers have had some breathing room when a driver’s new medical certification didn’t immediately appear on the motor vehicle record (MVR). That flexibility ended with the expiration of the Federal Motor Carrier Safety Administration’s (FMCSA) nationwide exemption, which allowed commercial driver’s license (CDL) drivers to use a copy of their Medical Examiner’s Certificate (MEC) as proof of certification for up to 60 days.
As of October 12, 2026, CDL and commercial learner’s permit (CLP) drivers who are licensed outside of Alaska – and their employers – can no longer rely on a paper MEC as proof of medical certification, even temporarily. Alaska is currently the only exception. This state has an exemption until October 2027 for drivers who are licensed there.
Before June 23, 2025, the regulations gave motor carriers up to 15 days to use a copy of a CDL or CLP driver’s MEC while waiting for updated medical status information to appear on the MVR. That provision is no longer in the regulations. Simply put, there is no grace period during which a CDL driver or carrier may rely on the paper MEC as proof of certification. This makes managing expiration dates and verifying driver records more important than ever.
5 steps to stay compliant:
1. Schedule physicals well before expiration.
Don’t wait until a driver’s current medical certification is about to expire to schedule the next examination. Build enough time into your process to address problems if the new certification doesn’t appear on the driver’s record as expected. Schedule MEC renewal examinations at least 2 weeks before expiration.
2. Prepare for additional testing.
Drivers should bring relevant medical information to the examination, particularly if they have a condition that may require additional documentation or testing. Missing information can turn a routine examination into a delay.
3. Have drivers verify their status with the state.
To avoid the cost of ordering MVRs that don’t reflect updated medical information, have the driver check with the State Driver’s Licensing Agency (SDLA) to confirm that the information has been posted before running the MVR.
Some states also offer an online portal where drivers can verify their license status. In some cases, states offer full medical certification information, which is another potentially useful tool to help eliminate unnecessary MVR charges.
4. Understand each state’s process.
Whether your CDL and CLP drivers are licensed in one state or several, understand how each state updates medical information. Key questions include:
- How long does medical information typically take to appear on a driver’s record after an examination? Knowing the normal timeline helps determine when troubleshooting should begin.
- Who should the carrier or driver contact when an issue occurs? Determine whether the state has a designated department, contact person, or CDL help desk that can provide effective assistance.
5. Don’t wait until the expiration date to discover a problem.
The most important change that carriers can make is to take a proactive approach to medical certification. Establish reminders, schedule examinations early, verify the electronic record, and address discrepancies immediately.
Key to remember: Beginning October 12, 2026, CDL and CLP drivers and their carriers may no longer use a paper MEC as proof of medical certification, except where the Alaska exemption applies. If a driver is stopped for a roadside inspection and the driver’s record doesn’t reflect valid medical certification information, a violation may be issued.
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2026-10-13T05:00:00Z
NewsIndustry NewsIndustry NewsWater ProgramsWater QualityEnvironmental Protection Agency (EPA)EnvironmentalUSAWater ProgramsEnglishFocus AreaCWA Compliance
EPA delays CWA hazardous substances FRPs by 3 years
EPA issued a final rule on October 13, 2026, extending the compliance date to submit Facility Response Plans (FRPs) for worst-case discharges of Clean Water Act (CWA) hazardous substances by 3 years.
Effective December 14, 2026, the final rule also removes provisions related to climate change and environmental justice.
Who’s impacted?
The extension affects facilities subject to the FRP requirements of 40 CFR Part 118. These include onshore non-transportation-related facilities that:
- Could be reasonably expected to cause substantial harm to the environment by discharging a CWA hazardous substance (117.3) into or on the navigable waters, adjoining shorelines, or exclusive economic zone; and
- Meet the applicability criteria listed at 118.3.
What are the changes?
The agency moved the deadline from June 1, 2027, to June 1, 2030, providing regulated facilities additional time to prepare and submit their CWA hazardous substances FRPs to EPA. Covered entities must also submit a Substantial Harm Certification Form (Appendix A to Part 118) with the FRP.
| Type of facility | FRP submission deadline |
|---|---|
| Existing facility (in operation by November 30, 2029) | June 1, 2030 |
| Newly regulated facility (meets applicability criteria after November 30, 2029) | Within 6 months of meeting applicability criteria |
| Newly constructed facility* (starts operations after June 1, 2030) | Before starting operations |
| Facility with planned event/change* (occurs after June 1, 2030) | Before changed part of facility starts operations |
| Facility with unplanned event/change (occurs after June 1, 2030) | Within 6 months of event/change |
* If changes occur during startup, facilities must submit adjustments to the FRP after a 60-day operational trial period.
EPA also removed the following factors considered during the substantial harm determination:
- Enhancing resilience to climate change as a passive mitigation measure or system,
- Possible vulnerability to adverse weather conditions caused by climate change, and
- Potential adverse impacts to communities with environmental justice concerns.
Further, the agency removed requirements to include the impacts of climate change and the impacts on communities with environmental justice concerns in the hazard evaluation.
Key to remember: EPA extended the compliance deadline to June 1, 2030, for entities to submit Facility Response Plans for worst-case discharges of CWA hazardous substances.
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NewsEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxics Release Inventory ReportingVideoMonthly Roundup VideoCAA ComplianceInjury and Illness RecordkeepingEnglishOSHA Violations and PenaltiesAir ProgramsIndustry NewsSafety & HealthGeneral Industry Safety300-A Annual SummaryEnvironmentalFocus AreaAir ProgramsUSA
EHS Monthly Round Up - January 2023
In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.
If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.
As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.
Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.
OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.
The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.
New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.
In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.
Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.
EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.
There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.
And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.
EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.
Thanks for tuning in to the monthly news roundup!
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NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthGeneral Industry SafetyMonthly Roundup VideoFocus AreaUSAHazard CommunicationHazard CommunicationEnglishOSHA Violations and PenaltiesVideo
EHS Monthly Round Up - October 2023
In this monthly video, we'll review the most impactful environmental, health, and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!
OSHA’s hazard communication final rule is under review at the Office of Management and Budget. This process typically takes 90 to 120 days, which means we’ll likely see the final rule in early 2024.
A performance audit found that OSHA did not adequately address the high number of injuries and illnesses at warehouses before and during the COVID-19 pandemic. Despite the high rate of injury and illness, OSHA only conducted a small number of inspections.
An OSHA investigation found a fulfillment center was exposing employees to ergonomic hazards which could lead to musculoskeletal disorders. The company also failed to provide adequate medical care for workers who had sustained head injuries, some of which were traumatic.
Workplace overdose deaths have increased 536 percent since 2011. A National Safety Council survey found that 75 percent of employers reported opioid use has impacted their workplace, but only 17 percent said they felt prepared to deal with the problem.
And finally, turning to environmental news, EPA finalized its PFAS reporting and recordkeeping rule. It expands the definition to include 41 additional PFAS of concern, among other changes.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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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.