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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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FEATURED NEWS
2026-05-05T05:00:00Z
NewsTraining & DevelopmentIn-Depth ArticleUSAHR ManagementEnglishTalent Management & RecruitingAssociate Benefits & CompensationDiscriminationGender DiscriminationDiscriminationTitle VII (The Civil Rights Act of 1964)Industry NewsRecruiting and hiringRecruiting and hiringInterviewingHR GeneralistFocus AreaFleet OperationsAssociate RelationsTransportationHuman Resources
Stinky hiring process soils waste management company’s efforts to fill garbage truck driver role
When a hiring manager tells a qualified female job applicant to “think carefully” and “talk to her husband” before accepting a job as a garbage truck driver, it stinks of sex discrimination.
The U.S. Equal Employment Opportunity Commission responded by dumping a lawsuit on the employer. In April 2026, the EEOC announced that a nationwide waste management company will pay $200,000 to settle a sex discrimination in hiring lawsuit.
According to the EEOC’s lawsuit, in May 2020, the female job candidate applied to work for the company as a garbage truck driver based out of Springfield, Missouri. During the interview, company managers told the applicant that female drivers hadn’t worked out in the past. They went on to say she should carefully consider whether she wanted the position because the company would have to build a locker room with a shower for female drivers if she were hired.
The EEOC alleged that when the applicant followed up and said she wanted the job, the company rejected her application and hired a less-qualified male for the position.
The company didn’t have any female drivers at the time. The suit also alleged that since at least March 2020, the company routinely failed to hire qualified female applicants for driver positions because of their sex.
“When employers make hiring decisions based on sex, rather than qualifications, both the employer and the applicants suffer,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District.
This alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment.
Where did this company go wrong?
The company had a history of not hiring female employees — a practice not looked kindly upon by the EEOC. The waste management company also made several key errors during the hiring process, such as:
- It assumed household gender roles by telling the female applicant to “talk to her husband” about her job possibility. That line of thinking is not only archaic; it violates Title VII by making sex-based assumptions.
- The managers implied that creating a shower space for her would be a burden to the company wreaks of discriminatory language. It basically says hiring a female would be a problem.
- Hiring a less-than-qualified male applicant made it implicit that she wasn’t hired because of her sex.
What should other employers do?
While it’s important to learn about a prospective employee, companies could face liability if they ask the wrong questions during an interview. Before conducting interviews, employers should have a script of safe questions. Asking the same questions of all candidates not only helps to compare them equally, it also minimizes the possibility of slipping up and saying something improper.
Interviewers can ask general questions to help determine if a candidate can perform the essential functions of a particular job, such as:
- What kind of job experience do you have?
- What aspects of your current job or previous jobs do you consider most crucial?
- Of all the work you’ve done, what have been your biggest successes?
- What would you change about your current job?
- What aspects do you like best about your current job? Least?
- What are you looking for in your next job?
Key to remember: Employers must dump off-limit topics, questions, and “trashy” comments during the interview process, or they could find themselves hauled into court.
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RECENT INDUSTRY HIGHLIGHTS
2026-05-05T05:00:00Z
NewsIndustry NewsPhysical exam - Motor CarrierIn-Depth ArticleDiabetes - Motor CarrierVision - Motor CarrierUSAEnglishFocus AreaPhysical exam - Motor Carrier
Common DOT medical certification mistakes: When a ‘waiver’ is no longer required
Mistakes can happen in any process. When it comes to something as critical as a driver’s DOT medical certification, understanding how to recognize and correct common errors can help prevent a minor issue from becoming a compliance violation later on.
Even with training and detailed guidance, situations may arise where an examiner misunderstands or misapplies a regulation during a DOT physical exam. While these mistakes aren’t typically the driver’s fault, it’s still the driver’s responsibility to follow up and correct the issue to ensure compliance.
Below are two common scenarios involving outdated medical “waiver” requirements — and how drivers can resolve them.
Scenario 1: Insulin-treated diabetes mellitus
Situation:
An interstate driver with insulin-treated diabetes mellitus presents for a DOT medical exam. The examiner is notified of the condition and completes the examination. The driver has no other disqualifying medical conditions and otherwise meets the physical qualification standards.
The examiner issues a 1-year DOT medical certification but checks the box indicating the driver is certified “only when accompanied by a diabetes waiver/exemption.”
What went wrong?
- The FMCSA eliminated the diabetes waiver program in 2018.
- The waiver was replaced by the “Insulin-Treated Diabetes Mellitus Assessment Form” (MCSA-5870).
- The FMCSA no longer issues a diabetes waiver for interstate drivers.
What should have happened?
- Before the DOT exam, the driver should have had their treating medical provider complete the MCSA-5870 form. The form must be dated within 45 days of DOT medical examination.
- The DOT medical examiner should have reviewed the completed MCSA-5870 form during the exam and used it to assist in their certification decision.
- The completed form becomes part of the medical examination record maintained in the examiner’s office.
Important: No FMCSA diabetes waiver or exemption is required to be carried by the driver. Marking the certificate as valid “only when accompanied by waiver/exemption” is incorrect.
Scenario 2: Vision standards and certifications
Situation:
An interstate driver fails to meet the vision requirements during a DOT medical exam but is otherwise physically qualified. The examiner issues a 1-year DOT medical certification and checks the box indicating the driver is certified “only when accompanied by a vision waiver/exemption.”
The driver leaves confused, unsure how to obtain the required vision waiver.
What went wrong?
- The FMCSA eliminated the Vision Waiver Program in 2022.
- The waiver was replaced by the Alternative Vision Standard.
- The FMCSA no longer issues interstate vision waivers.
What should have happened?
- The driver must have their eye specialist complete the “Vision Evaluation Report” (Form MCSA-5871) within 45 days of the DOT medical exam.
- The DOT medical examiner uses the information from the MCSA-5871 form to determine certification eligibility.
- The completed form becomes part of the medical examination record maintained in the examiner’s office.
Important reminders:
No FMCSA-issued vision or diabetes waiver or exemption will be issued or required for interstate drivers. Certifying an interstate driver “only with a vision/diabetes waiver” is incorrect under current regulations.
- The FMCSA waiver programs for vision and diabetes have been eliminated and replaced with medical assessment forms.
- Drivers aren’t required to carry FMCSA-issued waivers for insulin-treated diabetes or vision when certified under current standards.
- Certification decisions should be based on:
- MCSA-5870 for insulin-treated diabetes
- MCSA-5871 for alternative vision standards
- These forms are maintained as part of the medical examiner’s records — not carried by the driver.
- If a medical certificate references a vision or diabetes waiver that no longer exists, the driver should promptly follow up with the medical examiner to correct the error.
- Examiner will need to correct and resubmit driver's information to the FMCSA National Registry to remove waiver indication on a CDL driver's state driving record.
Intrastate waivers:
If drivers are intrastate only, they should check with the state on the requirements if they’ve been issued a state medical waiver or exemption. Requirements can vary from state to state.
Key to remember: Staying informed and addressing these issues early can help drivers avoid unnecessary confusion, delays, or compliance violations.
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2026-05-05T05:00:00Z
NewsIndustry NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyFall ProtectionFall Protection for ConstructionFocus Four HazardsEnglishFocus AreaUSA
National Stand-Down to Prevent Falls in Construction takes place May 4-8
Falls from height were the leading cause of death in the construction industry in 2024, accounting for 389 of the 1,034 fatalities in the industry. OSHA’s National Safety Stand-Down to Prevent Falls in Construction event, scheduled for May 4-8, raises awareness of fall hazards to help prevent fall injuries and fatalities.
A safety stand-down is a voluntary event that encourages employers to engage employees in safety activities, including:
- Fall prevention training,
- Hazard recognition exercises,
- Safety demonstrations, and
- Toolbox talks.
OSHA partners with several organizations on this nationwide event, including the National Institute for Occupational Safety and Health (NIOSH), the National Safety Council, and the Center for Construction Research and Training (CPWR).
Stand-down resources, including fact sheets and fall safety videos, can be found at osha.gov.
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2026-05-04T05:00:00Z
NewsEmergency Planning - OSHAIndustry NewsSafety & HealthEmergency PreparednessConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
What matters most in workplace tornado safety
When a tornado warning is issued, there’s no time to interpret a plan or figure out what comes next. People stay safe because they recognize the warning and already know what to do and where to go.
The difference is not how detailed the procedure is, but whether the response is automatic when conditions change rapidly. When every employee can instantly answer, “Where do I go?” without stopping to think, you know the system is working.
Take shelter immediately
A tornado warning means the threat is real and nearby. At that point, production, meetings, and routine operations don’t matter, getting people into shelter does. The expectation to move immediately when a warning is issued should be simple and well understood.
Shelter locations should already be known, accessible, and appropriate for the building. Employees shouldn’t be trying to decide in the moment whether they should finish a task or “wait it out.” Your program should remove that uncertainty entirely.
Actionable goals:
- Establish a clear “stop work” trigger tied directly to tornado warnings;
- Assign shelter accountability (who checks bathrooms, offices, visitors, contractors); and
- Practice at least one tornado drill annually, include all shifts or off shift scenarios.
Heightened readiness
A tornado watch is your “heads up.” It doesn’t require sheltering yet, but it does require attention. This is when safety leaders and supervisors should be mentally shifting from normal operations to readiness.
Use watch notifications to double-check shelter access, remind teams of what the next step looks like, and make sure weather monitoring responsibilities are clear. If conditions become a warning, the transition should feel automatic, not rushed or chaotic.
Actionable goals:
- Define who monitors weather alerts during each shift,
- Pre-stage shelter supplies if severe weather is likely (flashlights, first aid kits, water), and
- Reinforce “move immediately” expectations with supervisors when watches shift to warnings.
Practice the plan and keep it simple
The best tornado plans are the ones people remember. Complicated flowcharts and multi page procedures don’t help when alarms are sounding. What does help is repetition, consistency, and simple language.
Employees should see shelter locations posted in their work areas, where they already spend time, not buried in binders. New hires should hear about tornado response early, not mentioned as a footnote in annual refresher training. Shelter plans should evolve regularly and be clearly communicated as buildings, layouts, and staffing changes.
Actionable goals:
- Verify all shelter locations annually and after facility changes;
- Post shelter maps where employees already look (break rooms, time clocks); and
- Incorporate tornado response into on-boarding, not just annual training.
Don’t rush the recovery
Once the storm passes, the risk isn’t over. Damaged structures, downed utilities, and debris create completely new and different hazards. This is where safety professionals need to slow things down and reassess controls.
Reentry should be intentional and expectations communicated clearly. Cleanup should be treated as hazardous work, not business as usual. The goal is to prevent the “second injury” that happens after the event.
Actionable goals:
- Require a hazard reassessment before reentry or cleanup begins,
- Treat cleanup as a hazardous task requiring PPE and other exposure controls, and
- Establish a formal “all clear” and re entry process.
Key to remember: What matters most with workplace tornado safety is not the plan itself, but how people respond. If employees have to stop and think when a warning comes in, it’s already too late. Real preparedness means knowing where to go and moving there without hesitation.
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2026-05-04T05:00:00Z
NewsChild LaborChange NoticesWage and HourChange NoticeAssociate Benefits & CompensationVirginiaHR GeneralistAssociate RelationsEnglishHR ManagementFocus AreaTalent Management & RecruitingHuman Resources
Virginia amends child labor laws
Effective date: July 1, 2026
This applies to: Employers that have minors working for them
Description of change: On April 6, Virginia Gov. Abigail Spanberger enacted a law changing the state’s child labor provisions, particularly those regarding employees who are at least 16 years old.
A child 16 years of age or older may work in an apprenticeship program or other work-based learning experience related to culinary arts or information technology, provided that the:
- Child is continuously enrolled in an accredited secondary school,
- Child is a registered apprentice,
- Child is employed in a work-training program administered under the Board of Education, and
- Work being performed isn’t in violation of federal or state laws.
The changes also prohibit all minors from working in occupations deemed hazardous under the federal Fair Labor Standards Act, with some exceptions.
View related state info: Child Labor - Virginia
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2026-05-04T05:00:00Z
NewsChange NoticesChange NoticeCaliforniaMobile Emission SourcesCAA ComplianceEnvironmentalFocus AreaEnglishAir Programs
California permanently adopts emergency vehicle rules
Effective date: April 1, 2026
This applies to: New vehicle and engine manufacturers
Description of change: The California Air Resources Board (CARB) permanently adopted the Emergency Vehicle Emissions Regulations, which CARB adopted in 2025 as a temporary measure.
The rule reverts the emission standards and requirements for vehicle and engine manufacturers to the regulations in effect before the adoption of:
- Advanced Clean Cars II (ACC II), and
- Heavy-Duty Engine and Vehicle Omnibus Low NOx (Omnibus).
CARB allows manufacturers to comply with ACC II and Omnibus requirements voluntarily.
In 2025, the Environmental Protection Agency revoked CARB’s waivers to implement the ACC II, Omnibus, and Advanced Clean Trucks rules.
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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.