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2026-07-22T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyGeneral Duty ClauseIn-Depth ArticleEnglishGeneral Duty ClauseFocus AreaUSA
When summer shows up, so do the bugs
Heat stress isn't the only outdoor hazard that ramps up during the summer months. While hydration and cooling strategies are essential, employers shouldn't overlook the insects that emerge with the warmer weather. Ticks, mosquitoes, bees, and wasps can expose workers to diseases, allergic reactions, and other serious health risks that deserve the same level of attention as the heat.
Bug-proofing your workers
Preventing insect and tick exposures doesn't require a complicated program. The goal is to help workers recognize the hazards they may encounter, take simple precautions, and reduce the chances that a routine bite or sting turns into a serious injury, illness, or medical emergency. A few practical steps can go a long way:
- Build awareness. Make sure workers know what they might encounter, where exposures are most likely, and what symptoms to watch for.
- Provide protection. Keep insect repellent, appropriate clothing, and any needed PPE available when work may involve exposure.
- Reduce the risk at the source. Control standing water, trim vegetation, and inspect equipment, materials, and work areas for nests before work begins.
- Be prepared to respond. Have first aid supplies readily available and establish a process for reporting bites, stings, and signs of illness.
- Know your workforce. Understand whether employees have severe insect-sting allergies and ensure appropriate emergency response procedures are in place.
- Make prevention part of the routine. Include insect hazards in pre-task planning, keep repellent accessible in vehicles and job boxes, and encourage tick checks at the end of the day.
- Track incidents and trends. Document bites, stings, and insect-related illnesses so recurring hazards can be identified and addressed.
More than just nuisance bugs
Workers don’t have to be deep in the woods to face risks from insects and ticks. Exposure can happen during routine tasks along fence lines, near drainage ditches, around overgrown vegetation, or when working on equipment that has been sitting unused.
Ticks thrive in grassy, brushy areas and can attach to a worker without being noticed. Mosquitoes breed in standing water and become especially active during warmer months. Bees and wasps often build nests in structures, underground, or inside equipment and materials, creating unexpected hazards in active work areas.
These exposures are more than a minor annoyance. Stings can trigger severe allergic reactions, including anaphylaxis, a life-threatening medical emergency that requires immediate treatment. Ticks and mosquitoes can also transmit diseases such as Lyme disease, West Nile virus, and other illnesses that may not appear until days or even weeks after exposure.
The potential consequences are real. According to CDC data, 788 people in the United States died from bee, wasp, and hornet stings between 2011 and 2021, an average of about 72 deaths each year, with most fatalities linked to severe allergic reactions. What may seem like a routine outdoor task can quickly become a serious medical event if insect and tick hazards are overlooked.
Indoors, outdoors, both covered
OSHA doesn't have a standard devoted solely to insect hazards in outdoor work environments. However, under the General Duty Clause, employers are responsible for protecting workers from recognized hazards, which can include exposures such as ticks in brushy areas or wasps nesting on equipment and structures.
For indoor and enclosed workspaces, OSHA is more direct. The vermin control provisions of the Sanitation standard, 29 CFR 1910.141(a)(5), require employers to maintain workplaces in a manner that prevents insects and other pests from entering or nesting and to implement an effective extermination program when infestations are present.
Whether the concern is a tick-infested worksite, standing water attracting mosquitoes, or a wasp nest tucked inside a job trailer, employers should take reasonable steps to identify and control these hazards before workers are exposed.
Key to remember: Insect hazards can show up in just about any work environment. A little awareness and a few simple controls can help keep a routine bite or sting from turning into something more serious. Bugs may be part of the job, but being unprepared for them doesn't have to be.
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2026-07-21T05:00:00Z
NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTChange NoticesChange NoticeBusiness planning - Motor CarrierFocus AreaFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
FMCSA Final Rule: General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSR). The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. FMCSA also makes a change to its rules of organization, procedures, and practice. Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment, pursuant to the good cause exception in the Administrative Procedure Act (APA).
DATES: Effective July 21, 2026. Petitions for reconsideration of this final rule must be submitted to the FMCSA Administrator no later than August 20, 2026.
Published in the Federal Register July 21, 2026, page 45653.
View final rule.
| Appendix A to Part 372 – Commercial Zones | ||
| Sec. 44 | Revised | View Text |
| §384.234 Driver medical certification recordkeeping. | ||
| Revised | Revised | View Text |
| §384.301 Substantial compliance-general requirements. | ||
| Entire section | Revised | View Text |
| Appendix B to Part 386 – Penalty Schedule: Violations and Monetary Penalties | ||
| (g)(1) | Revised | View Text |
| §387.9 Financial responsibility, minimum levels. | ||
| Table 1, second entry | Revised | View Text |
| §387.307 Property broker surety bond or trust fund. | ||
| (e)(1)(iv)(C) | Revised | View Text |
| (e)(3)(ii) | Revised | View Text |
| §389.31 Petitions for rulemaking. | ||
| (b)(1) | Revised | View Text |
| §390.5 Definitions. | ||
| Gross vehicle weight rating (GVWR) definition | Revised | View Text |
| §390.5T Definitions. | ||
| Gross vehicle weight rating (GVWR) definition | Revised | View Text |
| §390.27 Locations of motor carrier safety service centers. | ||
| Midwestern service center entry | Revised | View Text |
| Western service center entry | Revised | View Text |
| §391.23 Investigation and inquiries. | ||
| (a)(1) | Revised | View Text |
| (m)(3)(i)(C) | Revised | View Text |
| §391.41 Physical qualifications for drivers. | ||
| (a)(1)(i) | Revised | View Text |
| §391.45 Persons who must be medically examined and certified. | ||
| (b) | Revised | View Text |
| §393.45 Brake tubing and hoses; hose assemblies and end fittings. | ||
| (b)(2) | Revised | View Text |
| §395.38 Incorporation by reference. | ||
| Section heading | Revised | View Text |
| §396.3 Inspection, repair, and maintenance. | ||
| (b)(1) | Revised | View Text |
| §399.205 Definitions. | ||
| Person definition | Revised | View Text |
Previous Text
Appendix A to Part 372 – Commercial Zones
* * * *
Sec. 44
Sec. 44 Commercial zones determined generally, with exceptions.
The commercial zone of each municipality in the United States, with the exceptions indicated in the note at the end of this section, within which the transportation of passengers or property, in interstate or foreign commerce, when not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone, is exempt from all provisions of Part II, Interstate Commerce Act, except the provisions of section 204 relative to the qualifications and maximum hours of service of employees and safety of operation or standards of equipment shall be deemed to consist of:
(a) The municipality itself, hereinafter called the base municipality;
(b) All municipalities which are contiguous to the base municipality;
(c) All other municipalities and all unincorporated area within the United States which are adjacent to the base municipality as follows:
(1) When the base municipality has a population less than 2,500 all unincorporated areas within two miles of its corporate limits and all of any other municipality any part of which is within two miles of the corporate limits of the base municipality,
(2) When the base municipality has a population of 2,500 but less than 25,000, all unincorporated areas within 3 miles of its corporate limits and all of any other municipality any part of which is within 3 miles of the corporate limits of the base municipality,
(3) When the base municipality has a population of 25,000 but less than 100,000, all unincorporated areas within 4 miles of its corporate limits and all of any other municipality any part of which is within 4 miles of the corporate limits of the base municipality, and
(4) When the base municipality has a population of 100,000 or more, all unincorporated areas within 5 miles of its corporate limits and all of any other municipality any part of which is within 5 miles of the corporate limits of the base municipality, and
(d) All municipalities wholly surrounded, or so surrounded except for a water boundary, by the base municipality, by any municipality contiguous thereto, or by any municipality adjacent thereto which is included in the commercial zone of such base municipality under the provisions of paragraph (c) of this section.
Note: Except: Municipalities the commercial zones of which have been or are hereafter individually or specially determined.
§384.234 Driver medical certification recordkeeping.
The State must meet the medical certification recordkeeping requirements of §383.73(a)(2)(vii), (b)(5), (c)(8), (d)(8), (e)(6) and (o).
§384.301 Substantial compliance-general requirements.
(a) To be in substantial compliance with 49 U.S.C. 31311(a), a State must meet each and every standard of subpart B of this part by means of the demonstrable combined effect of its statutes, regulations, administrative procedures and practices, organizational structures, internal control mechanisms, resource assignments(facilities, equipment, and personnel), and enforcement practices.
(b)(1) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of September 30, 2002 as soon as practical, but, unless otherwise specifically provided in this part, not later than September 30, 2005.
(2) Exception. A State must come into substantial compliance with 49 CFR 383.123 not later than September 30, 2006.
(c) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of September 4, 2007 as soon as practical but, unless otherwise specifically provided in this part, not later than September 4, 2010.
(d) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of January 30, 2009, as soon as practical, but not later than January 30, 2012.
(e) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of October 27, 2010 as soon as practical, but not later than October 28, 2013.
(f) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of July 8, 2011 and April 24, 2013 as soon as practical but, unless otherwise specifically provided in this part, not later than July 8, 2015.
(g) A State must come into substantial compliance with the requirements of subpsubpart Bart B of this part, which is effective as of December 5, 2011, as soon as practicable, but not later than January 30, 2012.
(h) A State must come into substantial compliance with the requirements of of this part in effect as of January 3, 2012) as soon as practical, but not later than January 3, 2015.
(i) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of June 22, 2015, as soon as practical, but, unless otherwise specifically provided in this part, not later than June 23, 2025.
(j) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of December 12, 2016 as soon as practicable, but, unless otherwise specifically provided in this part, not later than December 12, 2019.
(k) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of February 6, 2017, but not later than February 7, 2022.
(l) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of November 27, 2018 as soon as practicable, but, unless otherwise specifically provided in this part, not later than November 27, 2021.
(m) A State must come into substantial compliance with the requirements of part 383 of this chapter in effect as of September 23, 2019, or as soon as practicable, but not later than September 23, 2022.
(n) A State must come into substantial compliance with the requirements of this part in effect as of August 23, 2021, as soon as practicable, but not later than August 22, 2024.
(o) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of November 8, 2021, as soon as practicable, but, unless otherwise specifically provided in this part, not later than November 18, 2024.
(p) A State must come into substantial compliance with the requirements of subpart B of this part, which is effective as of July 15, 2024, as soon as practicable, but not later than August 22, 2024.
(q) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter related to non-domiciled CLPs and CDLs, effective March 16, 2026, prior to issuing (which includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL.
Appendix B to Part 386 – Penalty Schedule: Violations and Monetary Penalties
* * * *
(g)(1) A person who operates as a motor carrier for the transportation of property in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $13,676 per violation.
§387.9 Financial responsibility, minimum levels.
* * * *
* * * *
Table 1 to §387.9—Schedule of Limits—Public Liability
| (2)For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds). | Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hopper-type vehicles with capacities in bulk; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 | 5,000,000 |
§387.307 Property broker surety bond or trust fund.
* * * *
(e)(1)(iv)(C) Either the broker fails to respond within the time period provided in paragraph (e)(1)(D)(ii) of this section, or provides a response and the surety company or financial institution nevertheless determines that the claim is legitimate and that the surety company or financial institution expects to make one or more payments on the claim from the bond or trust fund.
* * * *
(e)(3)(ii) A list of currently pending claims, amounts, and evidence that the surety company or financial institution complied with the notification requirements in paragraph (e)(1)(D) of this section.
§389.31 Petitions for rulemaking.
* * * *
(b)(1) Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or electronically at www.regulations.gov, using the general petitions for rulemaking docket listed on FMCSA's website at www.FMCSA.dot.gov.
§390.5 Definitions.
* * * *
Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
§390.5T Definitions.
* * * *
Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
§390.27 Locations of motor carrier safety service centers.
| * * * * | ||
| Midwestern | Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin | 600 Holiday Plaza Drive, Suite 240, Matteson, Illinois 60443. |
| * * * * | ||
| Western | Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Mariana Islands, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Washington, Wyoming | 12600 West Colfax Avenue, Suite B-300, Lakewood, Colorado 80215. |
§391.23 Investigation and inquiries.
* * * *
(a)(1) An inquiry, within 30 days of the date the driver’s employment begins, to each State where the driver held or holds a motor vehicle operator’s license or permit during the preceding 3 years, to obtain that driver’s motor vehicle record covering that driver’s prior 3-year driving history.
(m)(3)(i)(C) Through June 22, 2025, if the driver provided the motor carrier with a copy of the current medical examiner’s certificate that was submitted to the State in accordance with §383.73(a)(2)(vii) of this chapter, the motor carrier may use a copy of that medical examiner’s certificate as proof of the driver’s medical certification for up to 15 days after the date it was issued.
§391.41 Physical qualifications for drivers.
* * * *
(a)(1)(i) A person subject to this part must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (a)(2) of this section, when on-duty has on his or her person the original, or a copy, of a current medical examiner’s certificate that he or she is physically qualified to drive a commercial motor vehicle. NOTE: Effective December 29, 1991, and as amended on January 19, 2017, the FMCSA Administrator determined that the Licencia Federal de Conductor issued by the United Mexican States is recognized as proof of medical fitness to drive a CMV. The United States and Canada entered into a Reciprocity Agreement, effective March 30, 1999, recognizing that a Canadian commercial driver’s license is proof of medical fitness to drive a CMV. Therefore, Canadian and Mexican CMV drivers are not required to have in their possession a medical examiner’s certificate if the driver has been issued, and possesses, a valid commercial driver license issued by the United Mexican States, or a Canadian Province or Territory, and whose license and medical status, including any waiver or exemption, can be electronically verified. Drivers from any of the countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the resident country are not qualified to drive a CMV in the other countries. For example, Canadian drivers who do not meet the medical fitness provisions of the Canadian National Safety Code for Motor Carriers but are issued a waiver by one of the Canadian Provinces or Territories, are not qualified to drive a CMV in the United States. In addition, U.S. drivers who received a medical variance from FMCSA are not qualified to drive a CMV in Canada.
§391.45 Persons who must be medically examined and certified.
* * * *
(b) Any driver who has not been medically examined and certified as qualified to operate a commercial motor vehicle during the preceding 24 months, unless the driver is required to be examined and certified in accordance with paragraph (c), (d), (e), (f), (g), or (h) of this section;
§393.45 Brake tubing and hoses; hose assemblies and end fittings.
* * * *
(b)(2) Be secured against chaffing, kinking, or other mechanical damage; and
§395.38 Incorporation by reference.
§396.3 Inspection, repair, and maintenance.
* * * *
(b)(1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;
§399.205 Definitions.
* * * *
Person —Any individual within the 5th percentile female adult through the 95th percentile male adult of anthropometric measures as described by the 1962 Health Examination Survey, “Weight, Height and Selected Body Dimensions of Adults, United States 1960–1962” which is incorporated by reference. It is Public Health Service publication No. 1000-Series 11-No. 8 and is for sale from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Spring-field, Virginia 22161. When ordering use NTIS Accession No. PB 267174. It is also available for inspection at the Office of the Federal Register Library, Room 8301, 1100 L Street, NW, Washington, D.C. 20408. This incorporation by reference was approved by the Director of the Federal Register on July 17, 1979. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the Federal Register.
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2026-07-21T05:00:00Z
NewsIndustry NewsAccident Investigation - OSHAAccident Investigation - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Not your worker, but still your problem
A single sulfuric acid spill at a Texas industrial facility triggered more than $3.5 million in proposed OSHA penalties, proving that finger-pointing is not a defense against OSHA citations. On December 27, 2025, the chemical storage facility in Texas suffered a catastrophic release when workers mixed fresh and spent sulfuric acid. This caused a tank over-pressure that ruptured a supply line and released roughly one million gallons of sulfuric acid, injuring multiple employees in the process. That event alone would have been serious enough, but there was more to the story that unfolded during the cleanup. It’s a story every employer who works alongside contractors, subcontractors, or even staffing agencies needs to understand.
Subcontracting the work doesn't subcontract the liability
After the spill, the host facility that owned the ruptured tank brought in an environmental remediation company to handle the hazardous cleanup. The remediation contractor, in turn, hired a subcontracted staffing firm to supply laborers for the physical remediation work. It’s an entirely ordinary practice to have a host site, general contractor, and subcontractors. It’s the same structure found on construction sites, refineries, manufacturing plants, and emergency response jobs across the country. OSHA’s investigation didn’t stop at the bottom of the chain with just the subcontractors. Federal inspectors opened three separate inspections and cited all three companies:
- The subcontractor that supplied cleanup laborers received 18 willful egregious violations and 5 serious violations, with proposed penalties of $3,045,452. This was after investigators found workers were sent into the spill area without adequate training, respirator fit testing, or basic safety measures.
- The remediation contractor was cited for 2 willful and 5 serious violations, carrying proposed penalties of $392,501, tied to gaps in training, an emergency response plan for hazardous waste operations, and respirator program deficiencies.
- The host facility that owned the tank that ruptured received 6 serious violations and $82,750 in proposed penalties for exposing workers to chemical burns and hazmat and respirator training failures.
Combined, the proposed penalties across the three employers total $3,520,703.
The regulatory principle at work
This is a textbook application of OSHA's Multi-Employer Citation Policy (CPL 02-00-124), which allows the agency to cite more than one employer on a single worksite for the same hazardous condition. Under that framework, OSHA evaluates who created a hazard, who was exposed to it, who had the power to correct it, and who controlled the site. Any employer who fits one of those four descriptions can be held liable regardless of whose name is on the paycheck.
OSHA's Assistant Secretary for Occupational Safety and Health described the failures by saying the three employers had full knowledge of the severe hazards and bypassed federal requirements anyway and called the failure to protect workers a choice rather than an oversight lapse.
What this means for your operation
If your company hires subcontractors, staffing agencies, or if you are one of those subcontractors working someone else's site, this case is a reminder that:
- Contractual boundaries do not equal regulatory boundaries. OSHA does not care who is named in the service agreement. Their focus is on who created, controlled, or was exposed to the hazard.
- “We hired someone qualified" is not a defense. Controlling and host employers have a duty to verify that contractors and subcontractors have adequate training, PPE, respiratory protection programs, and emergency response plans in place.
- Emergency response and cleanup work carries its own regulatory obligations that are distinct from the incident that triggered it and are under standards covering hazardous waste operations and emergency response (HAZWOPER), respiratory protection, and general PPE.
- Willful and egregious classifications multiply exposure fast. The largest penalty in this case came not from the party that owned the facility, but from the staffing firm several links down the contracting chain, proving that penalty exposure follows the hazard, not the organizational chart.
Keys to remember: Whatever the ultimate outcome may be for an incident; the enforcement pattern proves that for multi-employer worksites, safety responsibilities aren’t something you can subcontract away.
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2026-07-20T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)HR ManagementEnglishLeaveAssociate Benefits & CompensationMilitary LeaveChange NoticesChange NoticeHR GeneralistAssociate RelationsArizonaFocus AreaHuman Resources
Arizona military leave expanded
Effective date: September 12, 2026
This applies to: Employers with employees in Arizona and Arizona state employers.
Description of change: On June 4, 2026, Arizona Gov. Katie Hobbs signed a bill expanding the state’s military leave provisions. The measure:
- Broadens military leave protections for state and non-state employees by expanding eligibility for a leave of absence for training or active duty under competent military orders and striking references to specific military activities.
- Conforms leave-accounting procedures for state employees and public officers to reflect the expanded military leave protections.
- Strikes training and outlined military activities to conform to the expanded military leave protections, which allow for leave for active duty or training under competent orders.
View related state info: Military leave - Arizona
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2026-07-17T05:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleUSAEnglishTransportationDrug and Alcohol Clearinghouse - Motor Carrier
Don’t let missed Clearinghouse queries derail your carrier
Suppose a previous safety manager failed to query the CDL Drug and Alcohol Clearinghouse on a consistent basis. This predecessor left quite a train wreck for you to fix. You’re at a pivotal junction. Which direction do you go?
Consider the following best practices that may help put your motor carrier back on track.
Acknowledge the violation
FMCSA is checking for completed queries within the past three years during audits. In fact, failing to conduct a pre-employment query was the second most cited violation during audits in 2025, followed by failing to request annual queries at number three.
There are no provisions in the Federal Motor Carrier Safety Regulations (FMCSRs) for fixing missed Clearinghouse queries. But when you find something wrong with your recordkeeping, it’s important to address the situation.
However, finding the violation is only half the battle. You need to correct the issue and avoid future compliance gaps.
Come up with a plan
After discovering safety violations, a common practice is to generate a corrective action plan.
An effective corrective action plan identifies the root cause of the violation. For the missed queries, common reasons include:
- A misunderstanding of the requirements by responsible personnel;
- A disregard of the regulations by someone tasked with the requests; or
- Mismanagement of recordkeeping (lack of order or time, reminders, etc.).
After examining what led to this gap in compliance, document the measures your company is taking to ensure the problem doesn’t happen again. Examples include:
- Using a third-party administrator to request queries,
- Assigning the role to someone new,
- Training personnel who are responsible for queries,
- Setting up an alert to request queries for annual queries, and/or
- Creating a new-hire checklist that includes pre-employment queries.
Once your record is created, make sure the statements in it are true and accurate.
With a corrective action plan in place, attention can turn to the more immediate question: Which queries are missing, and what can be done about them?
How to show a good faith effort
Even after evaluating why something happened and how to prevent it in the future, how do you handle the here and now?
First, you need a list of queries that have been requested by your carrier in the previous three years. Your Clearinghouse account is your starting point. Every query your carrier has requested is available for you to see when you log into your account.
Compare your driver roster against requested queries. This can help identify drivers who may have fallen through the cracks. Note those missing:
- A pre-employment query. If the driver has had an annual query since hire, there doesn't seem to be a need to backtrack and run a full pre-employment query of the Clearinghouse. Anything on the driver's record should be caught by now. If the driver has never had a query run on them, it’s recommended that you run at least a limited query to get the annual query rotation started.
- Annual limited queries. If a driver has missed a recent annual limited query and more than a year has elapsed since that last query, you should run the annual limited query as soon as possible. If the driver missed an annual query two years ago, for example, but had one a year ago, you have the most recent information on the carrier.
Once you get the pre-employment and annual queries back on track, those missed queries from over three years ago will not be requested of you by DOT.
Key to remember: Missing Clearinghouse queries don’t have to be the end of the line for your DOT testing program. Get on the right track by acknowledging the compliance issue, documenting corrective actions, and strengthening your processes.
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2026-07-17T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Expert InsightsFamily and Medical Leave Act (FMLA)USAAssociate RelationsEnglishHR ManagementFocus AreaHuman Resources
Expert Insights: When to ask for an annual FMLA certification
Employers often deal with employees who take leave under the federal Family and Medical Leave Act (FMLA) for medical conditions that span multiple years. As such, employers may ask for a new certification in each new leave year. Employers should, however, wait until an employee asks for leave for the first time in the new leave year before making such a request.
Employers won’t find this information in the FMLA law or regulations. Instead, the U.S. Department of Labor’s Wage and Hour Division (WHD) explained this approach in a 2005 opinion letter.
The letter said that certification in a new 12-month leave year is similar to recalculating the 1,250 hours worked eligibility criterion. Employers don’t reassess an employee’s FMLA eligibility until the employee:
- Requests FMLA leave for a different reason in the same leave year, or
- Begins using leave in a new leave year.
In other words, when it comes to annual FMLA certifications, the WHD said that employers may restart the certification process with the first absence in a new leave year. This is true even if the employer asked for recertification in the prior leave year.
Pause in being proactive
Employers naturally want to be as proactive as possible in their FMLA administration. It might seem efficient for employers to start the FMLA ball rolling the moment a new leave year begins, particularly if they expect an employee to keep taking FMLA leave.
So, employers shouldn’t automatically ask for an annual FMLA certification just because a new leave year begins. They should wait until the employee puts them on notice of the need for leave for the first time in the new leave year.
Back around 2013, the WHD accused a company of automatically renewing medical certification requests from employees, even though the request didn’t involve an actual employee absence.
On the plus side, employers may, if they have reason to doubt an initial certification, ask for a second or third opinion on a new certification. They may also ask for recertifications during the 12-month leave year.
Key to remember: When asking for an annual FMLA certification, employers should wait until the employee first takes leave or puts them on notice of the need for leave.
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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.