Regulatory Compliance News & Updates
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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.
FEATURED NEWS
2026-03-10T05:00:00Z
NewsIndustry NewsAccident Investigation - OSHAAccident Root Cause DeterminationSafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Preparing to interview accident witnesses
Since witness interviews are critical to any incident investigation, employers should obtain witness statements as soon as possible. Conduct interviews before witnesses talk with each other and while the details are still fresh in their minds. If they talk to one another about the event, that could inadvertently affect each person’s recall, or even create new versions.
Interviews should focus on the facts, including what happened before and after the incident, and should avoid opinions and assumptions. Ultimately, the investigator needs to know who was involved, what they were doing, what was happening at the time, and when and where the incident occurred.
Choose interviewers
Conduct interviews privately with no more than two interviewers present. By keeping the interviews small and away from others, you have a much better chance of having a factual and productive conversation. The person conducting the interview should be neutral and trusted by employees.
It may be tempting to let management sit in, but a supervisor’s presence may cause an employee to clam up. Keeping this conversation informal can help employees relax and talk more freely. Simply ask what happened and let the witnesses tell the story in their own words. Remind them that the goal of this conversation is to identify hazards, not to get anyone in trouble.
Asking questions
Ask open-ended questions like “describe what happened leading up to the incident” and “what happened next?” Avoid leading questions that might cause someone to make things up in an attempt to answer. Along the same lines, avoid questions that suggest an accusation, such as “do you think he wasn't paying attention?”
Witnesses might give their opinions, and you can make notes, but distinguish between the facts and their opinions. Repeat their conclusions back to them to confirm your understanding.
Keep in mind that memories or viewpoints might differ. Statements from multiple witnesses might be contradictory such that both statements cannot possibly be factual. This doesn't mean either worker is lying. It could just be how they remember the events, or they saw things from a different angle. Of course, some witnesses might describe an incident with the goal of avoiding blame.
As necessary, go back to previously interviewed witnesses for additional information or clarification.
Example situation
Suppose a near-miss incident involved a forklift operator who stopped suddenly, causing the load he was carrying to slide off the tines, nearly striking a pedestrian. You might hear statements like, “I didn't see the forklift” or “the pedestrian came out of nowhere.” Now, that may be how witnesses remember things. But there's probably something else going on.
Follow-up questions might be along the lines of, “what were you focused on at the time of the accident?” Maybe the pedestrian was reading a document or computer pad and didn't see or hear the forklift approaching. Or perhaps the forklift operator was going too fast or failed to stop and sound the horn at an intersection. There could be several contributing factors, and you'll want to identify all of them.
Witness interviews provide valuable information in determining what happened before, during, and after an incident. As an interviewer, your goal is to gather key information while keeping the witnesses comfortable. Remind them the goal of investigating is to help prevent future incidents and injuries, not to blame employees.
Key to remember: Conducting effective interviews requires skill and consideration that goes beyond simply asking, “Tell me what happened.”
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RECENT INDUSTRY HIGHLIGHTS
2026-03-09T05:00:00Z
NewsIndustry NewsEnglishFleet SafetyFocus AreaIn-Depth ArticleEnforcement - DOTRoadside InspectionsTransportationUSA
Out-of-Service Criteria changes land April 1st
The Commercial Vehicle Safety Alliance’s Out-of-Service (OOS) Criteria will soon undergo a wide-ranging update affecting roadside inspections for both drivers and their commercial motor vehicles.
From license restrictions and English‑language proficiency (ELP) to log falsification, brake systems, cargo securement, and wheel defects, the revisions clarify long‑standing enforcement questions, add new OOS conditions in emerging problem areas, and refine existing criteria to better align with federal regulations and real‑world inspection practices.
The following is a summary of key changes that go into effect April 1, 2026. Review the changes to ensure your drivers and vehicles will still pass a roadside test.
Driver OOS Criteria
- ELD tampering: With electronic logging device (ELD) tampering becoming a growing concern, the criteria for placing drivers OOS for log falsification have been clarified to address situations where a record is falsified so much that the officer cannot determine when the driver was driving and/or resting. Drivers will continue to be placed OOS “until such time as eligibility to drive is re-established” if a required log is false due to inaccurate entries and the officer is able to determine when driving and rest breaks occurred. A new criterion was added to place drivers OOS for 10 hours (or 8 hours for passenger carriers) for ELD tampering that makes the entire record suspect and the inspector is unable to verify when driving and resting occurred. Officers will cite 49 CFR 395.8(e)(2) for ELD tampering where the truth cannot be ascertained, and paragraph (e)(1) for false logs when the officer can determine rest periods and drive time.
- ELP violations: A new violation was added to place drivers OOS if the driver cannot satisfy the ELP requirements of 391.11(b)(2), per enforcement guidance issued by the Federal Motor Carrier Safety Administration (FMCSA) in May 2025.
- License-restriction violations: Officers will begin using new citation codes for license-restriction violations, to distinguish them from endorsement-related violations. Drivers without a commercial driver’s license (CDL) will be cited for “392.2NCDLR” (instead of 391.11(b)(5)) if violating a restriction, while CDL holders will be cited for “392.2LCDLR” (instead of 383.23).
- In-state-restricted drivers: The CVSA has clarified the standard for enforcing the “K” (in-state only) restriction, which is intended to keep the driver in their home state. Such drivers will only be placed OOS if they are actually operating in another state at the time of the inspection.
- Alcohol content threshold: The OOS Criteria will now specify the alcohol concentration at which drivers will be placed OOS when in possession of wine or beer, making it easier for officers to apply the existing standard. Drivers will be placed OOS if they possess wine or beer that contains 0.5% or more alcohol by volume or distilled spirits in any dilution.
Vehicle OOS Criteria
- Air connections: The criteria for air-brake hose/tubing were revised to change the term “gladhands” to the more inclusive “service air connections.” In addition, the criteria were changed to clarify the conditions for placing vehicles OOS when the air system is disconnected but still functional.
- Brake pad thickness: The standard for front-axle hydraulic brake pad thickness was updated to say “less than 1/16 inch” instead of “1/16 inch or less” to reflect a thinner measurement than found in 49 CFR 393.47(d)(1).
- Parking brakes: “Parking Brake” was changed to “Parking/Emergency Brake” in the section on parking brake systems due to confusion about whether an automatic transmission placed into Park was considered to have a parking brake control.
- Log securement: New criteria were added to address the use of the “ExTe Com90” hydraulic load securement system for logs.
- Wire rope: A new wire-rope damage chart was added to help inspectors determine when a wire rope is damaged to the point that it’s OOS.
- Upper couplers: A new OOS criterion was added for broken or loose countersunk screws in an upper coupler. Previously, the criteria only addressed bolts, not countersunk screws.
- Rims: A new OOS criterion was added for a broken wheel/rim that has “any missing piece exceeding 3 inches (76.2 mm) in length.”
- Wheel hub lubricant: The criterion for placing vehicles OOS when there is “no visible or measurable amount of lubricant showing in hub” was removed. The CVSA concluded that there is no good way for inspectors to know if there is oil in a hub that requires oil, or grease in hubs requiring grease, due to the many varieties of hubs and hub caps/covers in the marketplace.
- Emergency exit markings: A new criterion was added for emergency exits that are “not properly marked with operating instructions.” The instructions are needed whether the exit is a required exit or a marked exit.
- Placarding: The prior criteria placed vehicles OOS if “50% or more of the required placards for a hazard class are missing.” This was clarified to read “50% or more of the required placards for a category of material (hazard class or division) are missing.”
Key to remember: A variety of changes to the North American Standard Out-of-Service Criteria take effect on April 1, 2026. Reviewing the changes can help avoid being placed out of service.
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2026-03-09T05:00:00Z
NewsHR ManagementEnglishAssociate Benefits & CompensationIndianaWage and HourChange NoticesChange NoticeWage and HourTipsHR GeneralistMinimum WageNon-Exempt employees Associate RelationsFocus AreaHuman Resources
Indiana updates tip pooling rules
Effective date: Retroactive to June 28, 2024
This applies to: Employers with tipped employees in Indiana
Description of change: On February 24, 2026, Gov. Mike Braun signed legislation authorizing the use of tip pooling arrangements under certain circumstances. The law, however, is effective retroactively to June 28, 2024.
Employers may require a tipped employee to participate in a tip pooling arrangement if the tips are shared only with other tipped employees and not with nontipped employees.
If, however, employers pay their employees at least the minimum wage, they may require tipped employees to participate in a tip pooling arrangement where the tips are shared with other tipped and nontipped employees.
Employers that implement a tip pooling arrangement must notify tipped employees of any required tip pool contribution amount, may only take a tip credit for tips each employee ultimately receives, and may not retain any of the employees' tips for any other purpose.
Employers and managers may not receive tips from a tip pooling arrangement.
View related state info: Tips - Indiana
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2026-03-09T05:00:00Z
NewsIndustry NewsSafety & HealthGeneral Industry SafetyFood SafetySpecialized IndustriesIn-Depth ArticleEnglishFocus AreaUSA
Food processes: HACCP carves a place for safety in each step
HACCP (Hazard Analysis and Critical Control Point) is crucial to keeping your food products safe. It’s a system that focuses on identifying and addressing hazards before they contaminate a food product. HACCP is implemented from the time raw materials are received to when product is shipped to consumers.
Think of a critical control point (CCP) as a step in your food process where problems are most likely to occur. Examples include cooking, cooling, or preventing cross-contamination. You’ll need to examine each CCP to identify any possible biological, chemical, or physical food safety hazards. The analysis zeroes in on the hazards that are “reasonably likely” to contaminate a food product and cause illness or injury to a consumer.
Before a new food product can be made, it must undergo this rigorous examination. You’ll then put food safety measures into place to eliminate or control these hazards.
Covered establishments
Certain types of food processors and establishments must have a HACCP plan. They're required by the:
- Food and Drug Administration (FDA) for seafood (21 CFR 123) and juice processors (21 CFR 120), and
- U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) for meat, poultry, and processed egg product establishments (9 CFR 417).
Getting started
HACCP plans can only be developed by individuals who have completed standardized HACCP training. Before developing and implementing a written HACCP plan, you must:
- Conduct a hazard analysis to identify and evaluate all of the potential biological, chemical, and physical food safety hazards associated with each step in your production process for each product made. Steps include receiving, storage, mixing, cooking, cooling, etc.
- Determine which hazards are likely to cause illness or injury if they’re not properly controlled.
FSIS-covered operations (meat, poultry, and processed egg products) also must create a flow chart that shows each step in how your product moves through the facility, from raw materials to the finished item. This helps everyone see the full process in order. Be sure to describe in the flow chart how the final product will be used and who the intended consumers are.
Drafting the HACCP plan
You could say the HACCP plan, itself, is the “meat and potatoes” of your food safety efforts. Certain plan elements must be included though. At a minimum, your HACCP plan must:
- List the food safety hazards (identified in the hazard analysis) that must be controlled for each process;
- List the CCPs for each of the identified food safety hazards, including, as appropriate, CCPs designed to control food safety hazards that:
- Could be introduced inside your establishment; and
- Are introduced outside your establishment, including those that occur before, during, and after entry into your establishment;
- List the critical limits that must be met at each of the CCPs. At the very least, critical limits must be designed to ensure that applicable targets or performance standards are met;
- List the procedures that will be used to monitor each of the CCPs to ensure compliance with the critical limits, and include the frequency you will perform those procedures;
- Include all corrective actions you’ll follow in response to any deviation from a critical limit at a CCP;
- Provide for a recordkeeping system that documents actual values and observations found during CCP monitoring; and
- List the verification procedures that your establishment will use and the frequency you will perform those procedures.
Your written HACCP plan is not complete unless it’s signed and dated. For FSIS-covered facilities this must be done by a “responsible establishment official.” This is defined under 9 CFR 417 as “the individual with overall authority on-site or a higher level official of the establishment.” The signature indicates that your establishment accepts and will implement the HACCP plan. The plan must be dated and signed:
- Upon initial acceptance,
- Upon any modification, and
- At least annually upon reassessment.
HACCP plans for seafood and juice processors must be signed and dated by "the most responsible individual onsite at the processing facility or by a higher level official of the processor." The plan must be dated and signed:
- Upon initial acceptance,
- Upon any modification, and
- Upon verification and validation in accordance with 21 CFR 120.11.21 (juice processors) and 21 CFR 123.8(a)(1) (seafood processors).
Key to remember: HACCP plans are required for certain food processors. By identifying food safety hazards, controlling them at the right points, and maintaining clear monitoring, corrective action, and verification practices, your food establishment can consistently protect consumers and meet regulatory expectations.
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NewsGreenhouse GasesEnforcement and Audits - OSHAMonthly Roundup VideoWalking Working SurfacesCAA ComplianceUSAInjury and Illness RecordkeepingLaddersEnglishIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthInjury and Illness Recording CriteriaGeneral Industry SafetyEnvironmentalFocus AreaAir ProgramsVideo
EHS Monthly Round Up - February 2026
In this Februrary 2026 roundup video, we'll discuss 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. Let’s take a look at what happened over the past month.
Fatal work injuries fell 4 percent in 2024, largely due to a decline in workplace drug- and alcohol-related overdoses. According to the Bureau of Labor Statistics, overdose fatalities fell from 512 in 2023 to 410 in 2024. Across all types of workplace incidents, there were 5,070 fatal work injuries in 2024, compared to 5,283 in 2023. Transportation incidents continue to be the most frequent type of fatal event, accounting for over 38 percent of all occupational fatalities in 2024.
OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. This follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record. OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. We’ll provide updates as more information becomes available.
As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The latest legislative wave of bills aims to fill regulatory gaps, tackle emerging hazards, expand OSHA authority, and raise penalties. Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence.
In a recently issued letter of interpretation, OSHA states that a burn injury caused by a personal lithium-ion battery fire is work related if it occurs in the workplace during assigned working hours. The letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after coming into contact with a key used for work.
A new report from the Department of Labor Office of Inspector General concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, construction, and manufacturing. Several pages point to OSHA’s difficulties in effectively enforcing annual injury and illness reporting requirements, reaching the nation’s high-risk worksites for inspection, and addressing workplace violence by regulatory or other action.
Turning to environmental news, EPA extended the deadlines for Facility Evaluation Reports and related requirements for coal combustion residuals facilities. In most instances, the deadlines have been moved one or two years out.
And finally, EPA announced a final rule eliminating the 2009 Endangerment Finding and related greenhouse gas emission requirements for on-highway vehicles and vehicle engines. When the final rule takes effect, manufacturers and importers of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal greenhouse gas emission standards.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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NewsSexual HarassmentSexual HarassmentMonthly Roundup VideoTraining & DevelopmentUSAHuman ResourcesHR ManagementEnglishTalent Management & RecruitingAssociate Benefits & CompensationDiscriminationIndustry NewsDiscriminationTitle VII (The Civil Rights Act of 1964)Wage and HourWage and HourGovernment contractsDavis-Bacon and Related ActsGovernment ContractsRehabilitation Act of 1973Minimum WageHR GeneralistNon-Exempt employees Focus AreaAssociate RelationsDisabilities and ADADisabilities and ADAVideo
HR Monthly Round Up - February 2026
In this February 2026 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
The Equal Employment Opportunity Commission voted to rescind the latest version of its workplace harassment guidance. The nearly 200-page document described how harassment, which is a form of discrimination, is defined under federal law. The document, which was updated in 2024, included more than 70 examples of harassment scenarios that employers might face.
Repealing this guidance document doesn’t have any legal effects on employers, however, since Title VII of the Civil Rights Act is still the law of the land when it comes to discrimination. Employers must still comply with all federal, state, and local anti-discrimination laws.
In other news, on February 9 the Department of Labor announced that federal contractors covered by Executive Order 13658 need to pay their workers at least $13.65 per hour as of May 11, 2026. This is an increase of 35 cents per hour over the current rate. Federal contractors affected by this change will need to display a new poster once the rate increase takes effect.
Another quick update, the White House issued a return-to-office directive at the end of January that said all federal employees must return to in-person work. In response, on February 12, the Equal Employment Opportunity Commission and the Office of Personnel Management released FAQs that address remote work and help agencies stay compliant with the Rehabilitation Act, which is similar to the Americans with Disabilities Act.
The FAQs are designed to help federal agencies:
- Identify when they must grant or continue remote work;
- Know when they may rescind, modify, or deny remote work; and
- Know how to structure their processes for remote work accommodations.
Although this directive specifically applies to federal employees, the FAQs illustrate the steps private employers should take with their employees when it comes to remote work accommodations.
That’s all the HR news we have time for today. Thanks for watching. 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.