SAFETY & COMPLIANCE NEWS
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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.
FEATURED NEWS
2025-12-16T06:00:00Z
NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
How holidays affect FMLA leave
‘Tis the season for Ho Ho Ho and maybe, the HOliday’s impact on leave administration. This could be true for any holiday, depending on how many employees take time off. Employers might also wonder whether they have to issue holiday pay to employees on leave under the federal Family and Medical Leave Act (FMLA). The answers will depend upon some specifics.
Counting the days
To determine how much FMLA leave an employee uses when holidays are involved, employers must look at whether employees are taking the leave in full weeks or not. If an employee is taking leave for one or more full weeks, the fact that a holiday occurs within the week of FMLA leave has no effect; the employer counts the whole week as FMLA leave.
When an employee is using FMLA leave in increments of less than one week, such as intermittent leave or working a reduced schedule, the employer doesn’t count the holiday as FMLA leave unless the employee was scheduled to work during the holiday, but didn’t because of an FMLA-qualifying reason.
If, for example, Jo Employee will be on FMLA leave for the last three weeks of December, and Jo’s employer gives employees time off on Christmas Day as a holiday, the employer would count the week of Christmas as a whole week of FMLA leave for Jo.
If, on the other hand, Jo took FMLA leave the Monday and Tuesday before Christmas Day, worked Wednesday, wasn’t scheduled to work Thursday because of the holiday, then worked Friday of that week, the employer would count only Monday and Tuesday as FMLA leave. If Jo also needed Friday off that week for an FMLA-qualifying reason and was scheduled to work on that day, the employer would also count Friday as FMLA leave.
Holiday pay
When it comes to holiday pay and FMLA leave, employers must apply their company policies. The FMLA doesn’t govern holiday pay. An employee’s entitlement to benefits other than group health care plan coverage is determined by the employer’s established policy for providing pay when the employee is on other forms of leave, paid or unpaid, as appropriate.
Employers might, for example, have a policy that requires employees to be at work the day before and after a holiday to receive holiday pay. The policy could have exceptions, such as when an employee is on paid time off on either of those days. In those situations, if an employee is using paid time off (like sick pay) while on FMLA leave for either of those days, they would be entitled to receive the holiday pay.
If a policy indicates that employees on unpaid leave the day before and/or after a holiday aren’t eligible to receive holiday pay, and an employee is on unpaid FMLA leave for either or both of those days, the employee wouldn’t be eligible to receive the holiday pay, per the policy.
Key to remember: Whether employers can count time off around a holiday as FMLA leave, or whether an employee will be entitled to holiday pay, will depend upon some specific facts, such as whether employees take leave in full weeks and what company policies indicate.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-16T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierFocus AreaIn-Depth ArticleEnglishTransportationUSA
More than drivers can be named in a lawsuit
When a claimant’s attorney casts doubt on your motor carrier’s safety program, everyone’s role at your company is open to scrutiny. Claims of negligence are not limited to your commercial drivers. Dispatcher and technician behavior could very well be the crux of a costly lawsuit.
Consider the following tips to help protect your operation.
Avoid negligent hiring
An injured party can use the concept of “negligent hiring” against you. Negligent hiring is based on the premise that you knew or should have known that the background of the person you hired indicated the person was dangerous or untrustworthy.
About half the states believe an employer is responsible for checking both backgrounds and references of job applicants. Red flags you should look for include:
- Misinformation on the job application,
- A failed drug test, if applicable, and
- Questionable finances.
To avoid negligent hiring, make sure you:
Perform an investigation on anyone you plan to hire. Call previous employers to verify employment.
- Contact all references.
- Check credit.
- Perform drug tests.
- Validate applicants’ credentials (confirm degrees, certifications).
Monitor existing employee behavior
Once an individual is hired, another legal concept comes into play: negligent entrustment. In this case, the claimant asserts that you gave someone a “dangerous instrumentality” which resulted in injury to another party. You can also be party to a negligent retention lawsuit — no matter how long someone has worked for you.
The basis of these types of suits is that the employer continued to employ someone they knew or should have known had the potential to be dangerous or unqualified for their job. To protect yourself from these types of lawsuits:
- Pay attention to patterns of behavior.
- Conduct random drug tests.
- Take seriously concerns of other colleagues about an employee’s behavior.
- Notice changes in “normal behavior.”
- Take appropriate, escalating, and documented disciplinary actions.
While it may be a bit more difficult to pinpoint problematic dispatcher and technician behavior — since they are not subject to the same inspections as drivers — there are some things you can look at.
Tell-tale signs of underperforming technicians
A common metric for your individual technicians is their maintenance and repair “come-backs.” Technicians with a higher percentage of come-backs than others may need a closer look.
Are the come-backs:
- Related to one particular type of work? In that case, you should provide additional training for the technician to improve their skill level.
- More varied in nature? It might be time for more extensive training or even letting the technician go.
In addition, technicians are supposed to inspect and repair anything noted on a driver’s daily vehicle inspection report. If drivers are complaining that issues are not being resolved, you need to investigate what is happening. Remind technicians of their responsibility to take drivers’ complaints seriously, and institute disciplinary actions for any technicians who continue to ignore this important safety practice.
Dispatcher-driver relationship
Dispatchers can also affect driver safety — especially as it relates to hours-of-service (HOS) compliance. The electronic logging device (ELD) mandate has specific provisions addressing driver harassment. It clearly defines harassment as: “Action by a motor carrier toward a driver (whether an employee or a contractor) that the carrier knew or should have known would result in an HOS violation.”
Make sure your dispatchers are not coercing or harassing drivers into violating HOS rules to make a delivery window. This requires taking driver harassment complaints seriously. Then you must follow through with disciplinary action against any dispatcher who you find harassing drivers to violate HOS rules.
Key to remember: Failing to monitor your technicians and dispatchers with an eye for safety could make you liable, and the final price of such negligence may be found on the inside of a courtroom.
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2025-12-16T06:00:00Z
NewsDrug and Alcohol TestingIndustry NewsDrug and Alcohol TestingSafety & HealthGeneral Industry SafetySubstance AbuseAssociate RelationsHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
Blanket drug policies and methadone questions can get employers into trouble
A blanket policy against drug use might sound like a simple way to keep abuse out of the workplace, but doing it the wrong way can land a company in trouble.
A concrete and construction company recently learned about the problems these policies can cause when its practice of refusing to hire applicants who used methadone brought a lawsuit from the Equal Employment Opportunity Commission (EEOC).
Prohibiting methadone raises issues
Methadone is an opioid and can be abused, but it can also be used as a treatment for opioid addiction. A drug policy that fails to take those differences into account, and always treats methadone use the same way, opens the door to a disability discrimination claim.
The issue with the company’s policy was brought to light when a job applicant applied for a laborer position and the hiring manager asked him about medications he was taking. The applicant said he was taking methadone, and the hiring manager said the company would not hire him due to its policy prohibiting employment of people who took the drug.
The applicant then checked with the company’s head of HR who confirmed that this was the company’s policy.
No methadone = disability discrimination
The EEOC charged the company with violating federal law because a policy of barring applicants who used methadone violates the Americans with Disabilities Act (ADA).
Employers covered by the ADA cannot impose unlawful barriers to a job for people with disabilities, the agency noted, and this includes workers with records of opioid addiction who are taking methadone or other medication as part of their recovery.
In addition, the timing of the employer’s question about methadone use was problematic. The applicant was at the stage of applying for a job and had not yet been offered a position.
Before a job offer is made, the ADA does not allow employers to ask job applicants for information that may reveal the existence, nature, or severity of a disability. This includes questions about medication.
Even after a job offer is extended, a question like this must be carefully considered. Employers cannot have a job qualification standard that tends to screen out workers with disabilities (such as requiring applicants not to use methadone) unless it is job-related for the position and is also consistent with business necessity.
Treating methadone use the right way
When applicants ask about a job, questions about medications such as methadone should not be part of the conversation. The ADA prohibits employers from asking about prescription medications until after an offer of employment is made. While it’s fine to ask about medications or give a drug test after offering an applicant a job, it’s also risky at that stage to have a policy of turning an applicant away because of methadone use or a positive drug test for methadone.
Instead, the employer should give the applicant an opportunity to provide information about lawful medication use. An employer never needs to accommodate the illegal use of drugs, but an employee taking a lawfully prescribed medication should not be automatically disqualified from a job.
If there are concerns that the employee’s legal opioid use or treatment for opioid addiction would interfere with safe and effective job performance, an employer should consider whether there is a reasonable accommodation that resolves the concerns. The employee can check with their healthcare provider for risks the medication poses in light of job duties, and the employee and employer can discuss possible accommodations.
Moving too quickly to dismiss an employee using prescription medication, and skipping this step, risks a discrimination claim.
Key to remember: An employee legally using prescribed medication, including methadone, has ADA protections. Employers should not automatically disqualify an applicant because of methadone use.
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2025-12-15T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyToxic and Hazardous Substances - OSHAIn-Depth ArticleEnglishFocus AreaToxic and Hazardous Substances - OSHAUSA
Medical screening or surveillance — Which is best for illness prevention?
Without understanding the difference between medical screening and medical surveillance, employers can’t fully protect workers from exposure or potential illness. Both are fundamental for optimizing employee health; however, they are separate and distinct concepts. Medical screening is, in essence, only one component of a comprehensive medical surveillance program.
The difference in a nutshell
The fundamental purpose of medical screening is early diagnosis and treatment of an individual; thus, it has a clinical focus. It may be a single case or repeated event that is aimed at detecting health issues before symptoms appear, such as through physical exams or biological testing.
On the other hand, the fundamental purpose of medical surveillance is to detect and eliminate the underlying causes (i.e., hazards/exposures) of any discovered trends and, therefore, focuses on prevention. It takes a broader, proactive approach, analyzing health data across groups of workers to identify and eliminate underlying workplace hazards or exposures.
When are screening and surveillance needed?
Medical screening is typically required in the following situations:
- Pre-employment for jobs involving exposure to hazardous substances (e.g., lead, asbestos, benzene);
- Periodically for employees working in environments with regulated toxins, excessive noise, or respiratory risks;
- Post-exposure following incidents involving bloodborne pathogens or chemical spills; and
- Job-specific risk assessments, such as for healthcare personnel, where screening helps identify infectious disease risks and immunity status.
Medical surveillance is necessary when workers are exposed to specific health hazards where ongoing monitoring can help detect early signs of occupational illness, ensure regulatory compliance, and guide protective interventions. Specific hazardous materials for which medical surveillance protocols would be triggered include:
- Acrylonitrile
- Arsenic, Inorganic
- Asbestos
- Benzene
- Bloodborne Pathogens
- 1,3-Butadiene
- Cadmium
- 13 Carcinogens
- Coke Oven Emissions
- Compressed Air Environments
- Cotton Dust
- 1,2-Dibromo, 3-Chloropropane (DBCP)
- Ethylene Oxide (EtO)
- Formaldehyde
- Hazardous waste and emergency operations (HAZWOPER)
- Hazardous Chemicals in Laboratories
- Hexavalent Chromium (Chrom VI)
- Lead
- 4,4’ Methylenedianiline (MDA)
- Methylene Chloride (MC)
- Noise
- Silica, Crystalline
- Tuberculosis
- Vinyl Chloride (chloroethene)
What does an effective medical surveillance program entail?
Key elements of a successful medical surveillance program include:
- Exposure assessment identifies and evaluates workplace hazards including chemicals, noise, or biological agents to determine which employees are at risk and what type of monitoring is needed.
- Baseline and periodic health examinations establish a health benchmark before exposure tracks changes over time, including physical exams, lab tests, and functional assessments tailored to specific job risks.
- Biological monitoring tests biological samples, such as blood, urine, etc., to detect the presence of hazardous substances and provides insight into internal exposure levels.
- Data collection and trend analysis helps identify patterns, emerging risks, and the effectiveness of control measures.
- Medical removal procedures are steps used to temporarily reassign or remove workers from exposure to prevent further harm. Medical removal is typically triggered by specific findings during biological monitoring that show threshold limits have been exceeded.
- Employee training and communication ensures workers understand the purpose of surveillance, their rights, and the results of their health assessments. Frequent, consistent, and transparent communication builds trust and encourages participation in the program.
- Regulatory compliance requires medical surveillance programs to align with OSHA and other relevant standards.
- Documentation and recordkeeping ensures records of exposures, medical evaluations, and follow-up actions are accurate for compliance, long-term health assessments, business continuity, and legal protection.
- Program evaluation and continuous improvement is essential to ensure the program remains effective, adapts to new risks, and incorporates the latest best practices and technologies.
Key to remember: By distinguishing between medical surveillance and medical screening, employers can better align their safety efforts with regulatory requirements and proactively reduce risks, ultimately fostering a healthier, more resilient workforce
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2025-12-15T06:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingTraining & DevelopmentFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationHuman Resources
TPR audits explained: How to keep your school off the CDL mill list
After the recent removal of over 3000 CDL trainers, labeled as CDL mills, from the Training Provider Registry (TPR), and notice of 1500 in-person audits, schools and trucking companies alike are hoping to be found compliant with their training program. If you have received a notice of audit, don’t panic. Review your files, be sure you have the correct documentation, and know how to access it.
What prompted this “crackdown”?
Beginning in 2022, truck driving schools are required to register with the Federal Motor Carrier Safety Administration (FMCSA) to offer CDL training. The schools are required to meet minimum training standards and self-certify that they will meet these standards when they register on the TPR to provide this training. All CDL trainees must complete training at a school registered on the TPR before they can take a skills test to obtain a CDL. Like a motor carrier audit, CDL schools are audited to confirm compliance, and an alarming number of providers on the registry were recently found to have serious violations.
Why are providers being removed?
The most common reason for removal is some form of documentation deficiency. If training is not documented, there is no evidence it was actually completed. The Entry Level Driver Training (ELDT) requirements include documenting and retaining documentation of all training. Other reasons for removal are:
- Falsifying records — Inaccurate information or back dated paperwork • Incomplete ELDT curriculum coverage — Failing to train to the federal standards due to state CDL testing requirements. Known as training to the test.
- Unqualified instructors — Using instructors without the proper experience or failing to collect evidence of that experience.
- Inadequate facilities — Classrooms, ranges, or training vehicles do not meet the minimum standards.
I received an audit notice, now what?
Pay attention to the details of the notice. Often it outlines the specific items the auditor will be inspecting. Gather this information and be sure it will be easily accessible on the day of the audit. Being prepared is a sign of competency. Prioritizing the arrival of the auditor can go a long way. You will need to provide:
- Any licensing or certifications required by the state or states you operate in. Not-for-hire schools, such as motor carriers who only train employees, are sometimes exempt from these requirements. In this case, you will need to show the state regulation that exempts your organization.
- A written lesson plan. This outlines the method of delivering your training. Demonstrate how you will provide theory training, the setting in which you will provide behind-the-wheel training, the vehicle types you will use, and the scoring requirements to gauge proficiency. • Documentation related to vehicles. Be prepared to show current registration, annual inspection, and proof of insurance for all units used in the training. If any of this information does not apply to the use of a particular vehicle, note that it is only used in specific training. As an example, an unregistered trailer could potentially be used to learn to inspect a vehicle, but would not be used on a public road.
- Documentation related to trainer qualifications. Trainer qualification files are similar to driver qualification files. They must include a current CDL, medical qualification, proper endorsements, and drug and alcohol testing. In addition, trainer files need to have verification of the trainer’s experience.
- Documentation of driver-training assessment. Records are required for all training. This should include scores and a timestamp. Documentation demonstrates progressive learning and total training time for each trainee.
- A list of all training applicants that training was provided for, a copy of each Commercial Learner Permit (CLP), and a self-certification for each applicant that they will comply with all federal and state regulations, including substance testing.
Key to remember: Complete, accurate training files that are readily accessible are paramount to success in an audit.
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2025-12-15T06:00:00Z
NewsChange NoticesChange NoticeUnions/Labor RelationsUnions/Labor RelationsAssociate Benefits & CompensationCaliforniaAssociate RelationsHR GeneralistLabor Law PostersHR ManagementEnglishLabor Law PostersFocus AreaHuman Resources
California requires Workplace Know Your Rights Act notice
Effective date: February 1, 2026
This applies to: All employers
Description of change: Employers must provide a stand-alone written notice about the Workplace Know Your Rights Act to employees by February 1, 2026, and annually after that. The Workplace Know Your Rights Act notice may be provided through personal service, email, or text message, if it can reasonably be anticipated to be received by the employee within one business day of sending. The notice is also to be provided to each new employee and is also provided annually to the employee’s authorized representative, if any, by either electronic or regular mail. The notice includes information about rights relating to workers’ compensation, union organizing, and immigration-related practices. The state is to create a sample notice by January 1, 2026.
View related state info: Unions - California
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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.