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2026-11-03T06:00:00Z
NewsIndustry NewsHuman ResourcesAssociate RelationsHR GeneralistDisabilities and ADAIn-Depth ArticleUSAHR ManagementEnglishFocus AreaDisabilities and ADAReasonable Accommodations
Employers don’t have to be clairvoyant; employees must ask for an ADA reasonable accommodation
Under the federal Americans with Disabilities Act (ADA), employers must not discriminate against employees because of a disability. They also must provide reasonable accommodations when called for. To trigger an employer’s obligation to provide an accommodation, however, employees must ask for an accommodation – a workplace change because of a medical condition or the need for one must be obvious.
The ADA is NOT, however, an employee’s get-out-of-jail-free card.
Case in point
About a year into her job, Cheryl was reprimanded for calling out of work too often. The reprimand form also advised her how to ask for a disability accommodation or medical leave. She didn’t.
Five months later, a coworker reported Cheryl sleeping on duty and texting during work. Though the coworker wasn’t sure Cheryl was sleeping, she raised “major concerns” that Cheryl was “nodding off multiple times in one shift” and believed she was sleeping.
Company policy forbade sleeping on duty or positioning oneself to sleep, warning employees that it could cost them their jobs.
Cheryl’s manager started an investigation. Less than 2 weeks after the incident, he met with Cheryl to discuss the accusation and get her side of the story.
Cheryl denied sleeping but admitted that she “might have shut [her] eyes” to alleviate dry eye caused by a change in her diabetes medication that was also causing fatigue. That was the first time that she disclosed her diabetes, which she had before starting her job.
Later, she emailed her manager a statement that she was “praying” for improvement and adjusting her medication; she didn’t ask for an accommodation or leave because of her condition. Soon after, the company fired her for misconduct.
Cheryl sued, claiming:
- Disability discrimination,
- Failure to accommodate,
- Retaliation, and
- Wrongful termination under the ADA.
The court rules for the employer
The court found that for Cheryl to claim the company failed to provide a disability accommodation under the ADA, she had to show that her employer knew that she needed reasonable accommodation, but failed to provide it.
Cheryl never asked for an accommodation. The first time she mentioned her diabetes and medication-related problems was when her supervisor confronted her with sleeping on the job. Even then, Cheryl never suggested an accommodation; therefore, there was nothing for the employer to accommodate.
Cheryl waited until she was on the brink of being fired before raising any work-related concerns. This was too late.
Even if Cheryl’s statement could’ve qualified as an accommodation request, the ADA doesn’t require employers to excuse misconduct.
Employers don’t have to guess whether an employee is asking for an accommodation, but they must be careful not to overlook what could be construed as such a request.
Hileman v. West Penn Allegheny Health System Inc., d/b/a Forbes Hospital, Third Circuit Court of Appeals, No. 25-1459, July 20, 2026.
Key to remember: Employers’ duty to accommodate is real, but it isn’t a requirement to speculate. They must respond to what they know — not what they might imagine. And they certainly don’t need to go digging for disabilities without a signal that one exists.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a solitary case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-11-03T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierFocus AreaIn-Depth ArticleEnglishTransportationUSA
Top 20 OSHA violations in truck transportation industry
Violations of the forklift standard top the list of most-violated rules from the U.S. Occupational Safety and Health Administration (OSHA) by truck transportation companies in fiscal year (FY) 2026.
In all, federal OSHA conducted 70 inspections, issued over 180 citations, and collected nearly $800,000 in penalties from truck transportation companies in the period from October 2025 through September 2026.
The following table shows the most-cited OSHA standards for trucking companies classified under North American Industry Classification System (NAICS) code 484, Truck Transportation. The penalties shown are the average amounts paid per violation, not the initial penalties assessed.
| Standard | Topic | Total citations | Average adjusted penalty |
| 1910.178 | Powered industrial trucks | 46 | $8,776 |
| 1910.132 | Personal protective equipment – General | 14 | $5,685 |
| OSH Act 5(a)(1) | General Duty Clause | 14 | $10,263 |
| 1910.147 | Control of hazardous energy (lockout/tagout) | 11 | $8,282 |
| 1910.1200 | Hazard communication | 11 | $4,384 |
| 1910.303 | Electrical – General | 9 | $3,092 |
| 1904.39 | Reporting of fatalities and injuries | 8 | $2,860 |
| 1910.157 | Portable fire extinguishers | 6 | $4,562 |
| 1910.37 | Maintenance, safeguards, and operational features for exit routes | 5 | $2,742 |
| 1910.22 | Walking/working surfaces – General | 4 | $5,198 |
| 1910.133 | Eye and face protection | 4 | $2,956 |
| 1910.252 | Welding, cutting and brazing – General | 4 | $5,214 |
| 1904.41 | Reporting injury/illness records | 3 | $665 |
| 1910.23 | Guarding floor and wall openings and holes | 3 | $2,026 |
| 1910.36 | Exit route design and construction | 3 | $2,483 |
| 1910.176 | Handling materials – General | 3 | $11,488 |
| 1910.213 | Woodworking machinery | 3 | $5,958 |
| 1910.305 | Wiring methods, components, and equipment for general use | 3 | $3,983 |
| 1926.755 | Column anchorage | 3 | $5,685 |
| 1910.28 | Fall protection | 2 | $10,263 |
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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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2026-11-02T06:00:00Z
NewsGreenhouse GasesCERCLA, SARA, EPCRA CERCLA, SARA, EPCRAToxics Release Inventory ReportingWater ProgramsEnvironmental Protection Agency (EPA)CAA ComplianceIn-Depth ArticleCWA ComplianceStormwaterWaste/HazWasteEnglishUSATier II Inventory ReportingIndustry NewsWasteEnvironmentalFocus AreaSARA ComplianceAir ProgramsWaste Reporting
Federal environmental reporting: 5 annual reports due in 2027
With the new year quickly approaching, many businesses take time to reflect on the previous year to evaluate their performance. For numerous facilities subject to federal environmental regulations, this isn’t just a good practice; it’s mandated through annual reporting requirements.
Mark your compliance calendars for these common federal environmental annual reports due in 2027.
Multi-Sector General Permit (MSGP) annual report
Due: January 30, 2027
EPA issues industrial stormwater MSGPs in areas where it serves as the permitting authority. Examples include Massachusetts, New Hampshire, New Mexico, and the District of Columbia.
Facilities with MSGPs must submit the Annual Report for Stormwater Discharges Associated with Industrial Activity Under the NPDES MSGP (NPDES Form 6100-28) electronically via the NPDES Electronic Reporting Tool (NeT). The report covers information from calendar year 2026.
Take note! EPA has administratively continued the 2021 MSGP for facilities covered under the permit before it expired in February 2026.
New facilities must comply with the requirements in EPA’s No Action Assurance for New Industrial Facilities Needing Stormwater Permit Coverage under EPA’s Multi-Sector General Permit memorandum (issued February 27, 2026) until the agency issues a new MSGP. The memorandum mandates facilities to provide the electronically reported information required by the 2021 MSGP (including the annual report) if EPA requests it.
Emergency and Hazardous Chemical Inventory (Tier II Inventory Report)
Due: March 1, 2027
Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires covered facilities to submit the Tier II Inventory Report (or a state-equivalent form) to the State Emergency Response Commission, Local Emergency Planning Committee, and local fire department. Reporting applies to facilities:
- That are required by OSHA’s Hazard Communication standard (29 CFR 1910.1200) to prepare or have available Safety Data Sheets (SDSs), and
- That have on-site at any one time hazardous substances (EHSs) or non-EHS hazardous chemicals at or above certain thresholds (40 CFR Part 370 Subpart B).
The report provides information on the covered hazardous chemicals used or stored at the facility in 2026, including locations, amounts, and potential hazards.
Take note! Facilities should check state regulations to:
- Confirm Tier II reporting thresholds, as they may be more stringent;
- Determine whether any additional chemicals are covered; and
- Verify how the report must be submitted, including whether states accept Tier2 Submit files.
Hazardous Waste Export Annual Report
Due: March 1, 2027
The Resource Conservation and Recovery Act (RCRA) requires exporters of regulated hazardous waste to submit an annual report electronically through the RCRA Information (RCRAInfo) Waste Import and Export Tracking System (WIETS). The report lists the types, quantities, shipment frequency, and ultimate destination of all hazardous waste exported in 2026.
Take note! If an exporter doesn’t ship any hazardous waste after obtaining consent to export certain hazardous wastes, the exporter must still submit an annual report that lists the quantity shipped under the issued consent as 0.
2025 Greenhouse Gas (GHG) Annual Report
Due: March 10, 2027
The GHG Reporting Program (GHGRP) requires large industrial sources of GHG emissions, fuel and industrial gas suppliers, and carbon dioxide injection facilities to report GHG emissions from 2025 for all applicable source categories. Facilities submit reports through EPA’s Greenhouse Gas Reporting Tool (e-GGRT).
Take note! Annual GHG reports for the previous calendar year are usually due by March 31 of the next calendar year. However, EPA issued an interim final rule (effective October 14, 2026) extending the submission deadline for Reporting Year 2025 GHG reports to March 10, 2027.
Toxics Release Inventory (TRI) Report
Due: July 1, 2027
Section 313 of EPCRA requires facilities in specific industry sectors to submit a TRI Form R for each TRI-listed chemical (372.65) manufactured, processed, or otherwise used above threshold levels (listed at 372.25, 372.27, and 372.28) in the previous calendar year. The report, submitted through TRI-MEweb, covers waste management activities and any actions taken to reduce or prevent chemical waste during 2026.
Take note! TRI reports must be submitted to both EPA and the state. If your facility’s state participates in the TRI Data Exchange (TDX), TRI-MEweb will automatically send your report to the state. If your facility’s state doesn’t participate in TRI TDX, check the state’s TRI submission requirements to determine how to submit the required state copy.
Key to remember: The new year is quickly approaching, and the annual reporting compliance deadlines for many federal environmental programs are following closely behind.
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2026-11-02T06:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Use driver reviews to identify training needs
When training time is limited, choosing the right topic is essential. One of the best ways to identify meaningful training topics is by reviewing recent driver performance evaluations.
Driver performance evaluations can assist in identifying recurring issues, knowledge gaps, and skill deficiencies, helping you focus your training efforts on topics that will have the greatest impact.
Watch for patterns/trends
As you review driver performance evaluations, watch for trends that may indicate a need for additional training. Ask the following questions as you conduct your assessment.
- Are accidents occurring on a regular basis? If so, is a specific type of accident driving the trend, such as backing, turning, or weather-related incidents?
- Are hours-of-service violations common?
- Do freight damage claims occur frequently?
- Are drivers being cited for vehicle maintenance deficiencies?
- Are customer service concerns being reported?
Identifying these patterns can help you prioritize training topics and address the issues that matter most to both your company and your drivers.
Individual assessment
Performance reviews can also help identify training opportunities for individual drivers. By looking for recurring challenges, you can provide targeted, topic-specific instruction in areas such as:
- Backing into docks,
- Proper turning techniques, or
- Specific hours-of-service requirements, such as the 14-hour rule or sleeper-berth calculations.
Targeted training not only helps drivers overcome individual challenges but also contributes to safer, more efficient fleet operations.
Key to remember: Driver performance reviews can reveal trends, recurring challenges, and skill gaps that help trainers focus on and prioritize the topics that matter most.
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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.