SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-10-28T05:00:00Z
NewsIndustry NewsFleet SafetyElectronic logging device (ELD)Electronic logging device (ELD)Focus AreaIn-Depth ArticleEnglishTransportationUSA
Getting the ‘form and manner’ right with ELDs
Through the first nine months of this year, “form & manner” violations tied to electronic logging device (ELD) usage are the second most common roadside driver violation and are on track to surpass last year’s total. The root causes are both preventable and correctable.
Form & manner violations occur when required log entries are incomplete, inaccurate, or missing. Common examples include:
- Missing trailer numbers,
- Missing shipping document numbers, and
- Missing comments (annotations) about unassigned driving time or special driving categories.
Input or verify
Failure to provide all required information, including annotations, can result in violations cited under 49 CFR 395.24, which carries one point in the Compliance, Safety, Accountability (CSA) program. This regulation says ELD-using drivers must manually input:
- Annotations, when required;
- A description of the driver’s location, if prompted by the ELD when it cannot get a position fix; and
- An output file comment, when directed by an officer during a roadside inspection.
In addition, drivers must manually input or verify the following:
- Power unit number;
- Trailer number (if any); and
- Shipping document number, if applicable.
Importantly, trailer numbers must be updated as they change. Whenever a driver picks up or switches trailers, the driver must be in the habit of updating the ELD with the new trailer number(s).
Shipping document numbers
A shipping document number is meant to tie the ELD record to other paperwork for a specific shipment, so the ELD record can be verified. The shipping document number must be updated throughout the day, so the number shown on the ELD at any given time corresponds to the current load (older values are retained behind the scenes).
Only a single number or code is required for any one movement or load; there is no need to enter every number if there are multiple numbers for a single shipment.
However, a shipping document number is only required if the motor carrier uses such numbers for internal tracking and dispatching. If there is none, then the field may be left blank on the ELD or, better yet, the driver may enter a description of the load.
Annotations
Missing annotations are another common violation. Both drivers and motor carriers have responsibilities when it comes to adding comments to an ELD.
Drivers must add an annotation when they:
- Edit their log, to explain the need for the edit (such as “forgot to log off”) (see 395.30(c)(2));
- Use the “yard move” or “personal use” special driving categories, to describe the activity (such as “bobtailed to restaurant”) (see 395.28(a)(2)(ii));
- Use any special exception to (or exemption from) the hours-of-service rules, such as the “adverse driving conditions” exception, the “travel time” exception, the exemption for transporting personal property, etc. (see 395.28(c)); and
- Are prompted by the ELD to add information (see 395.30(c)).
Driver annotations are also recommended whenever a driver exceeds the normal hours-of-service limits without the use of an exception. Explaining why there’s a violation could help mitigate any penalties.
Motor carriers must add an annotation when they:
- Propose an edit to a driver’s log, to explain the need for the edit (see 395.30(d));
- Decide they cannot assign “unassigned driving time” to any particular driver, to explain why (see 395.32(c)(1)(i)); and
- Set up an “exempt” driver account, to explain why the driver is exempt from using an ELD. (Why would an exempt driver have an ELD account? So they can log in when driving, to avoid “unassigned” time.)
Comments are limited to 60 characters, but the more details that can fit into that space, the better.
Preventing violations
When it comes to missing information, the remedy is obvious: drivers (and motor carriers) must enter all required information, every time. For that to happen, drivers must know what’s expected, which means being trained on the requirements. The training should be backed by company policies that include:
- Internal log auditing practices that bring violations to light,
- Corrective actions when violations are found, and
- Penalties for drivers who are unwilling to follow the rules.
Key to remember: “Form & manner” violations are often the result of simple oversights, but they can snowball into serious compliance issues. Be sure you have controls in place to ensure drivers and administrative personnel are entering all required information into your ELD system.
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RECENT INDUSTRY HIGHLIGHTS
2025-10-28T05:00:00Z
NewsIndustry NewsCAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir ProgramsStationary Emission SourcesUSA
Air permitting challenges for portable machinery
Portable generator engines, rock crushers, and aggregate processing units are designed to move from site to site. However, under certain conditions, these mobile units may be reclassified as stationary sources of air pollution. This shift in classification can trigger regulatory requirements that operators may not anticipate, including permitting, emissions monitoring, and reporting obligations.
Defining stationary sources under the Clean Air Act
The Clean Air Act defines a stationary source as any building, structure, facility, or installation that emits (or has the potential to emit) air pollutants. The Environmental Protection Agency (EPA) further clarifies that portable equipment becomes stationary if it remains at a single location for more than 12 consecutive months. This rule applies regardless of whether the equipment was originally designed to be mobile.
For example, a portable diesel engine used to power a rock crusher may be considered stationary if it operates at the same site for over a year. Once reclassified, the equipment may be subject to federal standards such as New Source Performance Standards (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAP).
State-level interpretations and variations
While EPA provides overarching guidance, individual states often implement their own rules and permitting frameworks. These can vary significantly depending on local air quality concerns, industrial activity, and enforcement priorities.
California’s Portable Equipment Registration Program allows certain engines and equipment to operate statewide without obtaining site-specific permits, provided they meet emission standards and are properly registered. In contrast, Texas requires a permit for rock crushers that operate at a site for more than 12 months, aligning closely with EPA’s definition of stationary sources. Maine uses a Crusher Identification Number system to track emissions from portable units and ensure compliance with state regulations.
Some states also impose thresholds based on horsepower, fuel type, or emission potential. Equipment that exceeds these thresholds may require a stationary source permit even if it is moved periodically.
Compliance challenges and enforcement risks
Misunderstanding the distinction between portable and stationary sources can lead to significant compliance issues. Operators may assume that mobility exempts equipment from permitting, only to discover that prolonged use at a single site has triggered regulatory oversight. Failure to obtain the proper permits or meet emission standards can result in fines, enforcement actions, and operational delays.
Recordkeeping is another common challenge. Regulators often require documentation showing how long equipment has been at a site, its emission characteristics, and any relocations. Without accurate records, operators may struggle to prove that their equipment qualifies as portable.
Best practices for operators
To be compliant, operators should:
- Monitor and record how long each unit remains at a location,
- Understand the emissions profile and horsepower of their equipment,
- Review both federal and state regulations before deploying portable units,
- Maintain detailed records of equipment movement and usage, and
- Consult with environmental agencies when planning long-term projects.
Proactive communication with regulators can help clarify requirements and avoid costly surprises. In some cases, applying for a general or portable permit may be the simplest way to ensure compliance.
Key to Remember: Portable equipment doesn’t stay exempt forever. If it remains at one site too long, it may be regulated as a stationary source, bringing new rules, responsibilities, and risks.
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2025-10-27T05:00:00Z
NewsIndustry NewsFleet SafetyDefensive drivingCMV drivingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Winter survival: What to know before hitting the road
From blinding blizzards to extreme cold, it’s important for drivers to be prepared for whatever winter hazards they may face. Now is a good time to review some of the steps that drivers should take and issues they need to be aware of when it comes to staying safe during the winter months.
Have a winter survival kit
All drivers should have a winter survival kit in their vehicle. In addition to the items that should be in their vehicle at all times (warning devices, jumper cables, tool kit, first aid kit), they should also carry the following items:
- Snow brush and scraper,
- Shovel,
- Traction devices,
- Brightly colored cloth,
- Blankets/sleeping bag,
- Extra food and water,
- Extra medications (if necessary), and
- Proper outerwear (extra coat, gloves, hat, boots).
What to do when stranded
One of the keys to driver safety is knowing what to do if stranded in extreme weather conditions.
- Stay in the vehicle. Never leave for assistance unless help is visible and close (within about 100 yards). Leaving the vehicle is a dangerous decision, as it is easy to become disoriented in blowing and drifting snow.
- Dial 911 to summon help. Stay calm. Provide a description of the location. Listen and respond to questions.
- Hang a brightly colored cloth outside the vehicle (if able to do this safely).
- Run the vehicle’s engine, with the heater on, for about 10 minutes every hour to keep warm. While the engine is running, open a window slightly to prevent carbon monoxide poisoning. Also, to prevent carbon monoxide poisoning, make sure the vehicle’s exhaust pipe is clear and free of snow.
- Cautiously use food and beverages. It may be a while before help arrives.
Preventing hypothermia
Being stranded for several hours can contribute to a loss of body heat and in turn cause hypothermia, a condition brought on when the body’s temperature drops to a dangerously low level. Symptoms of hypothermia include:
- Uncontrollable shivering,
- Slow speech,
- Memory lapses, and
- Drowsiness.
Dressing in layers and using any additional blankets and coats can aid in insulating the body’s heat. Ways to stay warm and prevent hypothermia include trying not to stay in one position too long. Clap hands and move arms and legs occasionally.
Key to remember: Now is the time to review winter survival tips with your drivers.
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2025-10-27T05:00:00Z
NewsIndustry NewsHR GeneralistIn-Depth ArticleLabor Law PostersAssociate RelationsEnglishLabor Law PostersHR ManagementFocus AreaUSAHuman Resources
States require new workplace postings
More states are taking the approach of “the more the merrier” when it comes to required workplace postings.
Four states require new postings to be displayed in the final months of 2025 or early in 2026. That’s in addition to the new posting requirements that took effect earlier this year in Arkansas and Michigan.
New posting requirements
Here are the latest state posting additions:
- Minnesota: Employers must post information about the state’s Paid Leave law by December 1, 2025.
- Nebraska: The Nebraska Department of Labor has released a new Paid Sick Time posting was required to be posted in a conspicuous and accessible location as of October 1, 2025.
- New Jersey: Under legislation signed on September 3 by Gov. Phil Murphy, employees cannot be disciplined, fired, or penalized for refusing to participate in a meeting relating to political or religious matters as of December 2, 2025. A notice of employee rights must be posted in a conspicuous place.
- Pennsylvania: Employers with 50 or more full-time employees must display a Veterans Benefits and Services posting created by the Department of Labor and the Department of Military and Veterans Affairs by January 1, 2026.
Earlier additions
These additional posting requirements took effect earlier this year:
- Arkansas: A Veterans’ Benefits and Services posting needed to be posted by August 4.
- Michigan: The Resources for Michigan Veterans posting requirement took effect on April 2.
One subtraction
Missouri also added a new required posting earlier this year, but it has already come and gone.
The state added an Earned Paid Sick Time posting requirement in April. The law requiring the posting was rescinded at the end of August, however, and that posting is no longer required.
Posting trend
States continue to see physical workplace posters as an effective way of sharing information with workers. Employers should continue to watch for new posting requirements to emerge.
Key to remember: When state law requires a new posting to be displayed, covered employers must display it by the effective date to comply with the law.
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2025-10-24T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
OSHA safety training is more than just checking a box
It’s easy to think of safety training as a “one and done” requirement. Take attendance, show a video or two, good to go! Right? Yet, many OSHA standards include explicit safety and health training requirements. Some require “training” or “instruction,” others mandate “adequate” or “effective” training or instruction, and still others call for training “in a manner” or “in language” that’s understandable to employees. What’s more, refresher training or retraining may also be specified in the standards.
Regardless of the precise regulatory language used, however, OSHA expects training to be effective for all employees. That means employees need to understand it so they can make it part of the job.
OSHA can cite employers for inadequate training
Your documentation may show that all employees received training, but if OSHA asks employees questions about the hazards they’re exposed to and employees can’t answer, OSHA can issue a citation for inadequate training.
Training violations are typically cited as serious violations, which currently carry a fine of $16,550 each. (Penalty amounts increase each January with inflation.) OSHA defines a serious violation as “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”
On top of the maximum amount, OSHA can cite instance by instance. If the employer failed to train 10 employees, OSHA can multiply the dollar figure by 10 to get a total $1,655,000 penalty amount for just one training violation. Things can escalate even higher if the citation is considered not just serious but willful or repeat.
Training must cover the hazards employees are exposed to
Think about what hazards your employees are exposed to during normal operations or in foreseeable emergencies — that’s where training comes in:
- Conduct a workplace walkthrough to observe job tasks and identify hazards to determine what training is needed.
- Look (and listen!) for hazards such as excessive noise, moving machinery parts, and chemicals.
- Use our at-a-glance tables of general industry and construction training requirements to see what’s applicable to your workplace; then review the regulation to see what elements must be covered in training.
Note that when there’s the potential for a recognized, serious hazard such as extreme heat, heavy lifting, or workplace violence, but no OSHA standard, OSHA can cite the employer under the General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act). In that case, you may be able to abate the hazard by training employees in hazard recognition and how to protect themselves.
Training must include workplace-specific information
Any manner of conducting training is acceptable, including classroom instruction, online modules, videos, and virtual or augmented reality, but trainees also must receive workplace-specific information. For example, if you provide Hazard Communication (HazCom) training for employees exposed to hazardous chemicals, a video will likely cover the basics, such as an explanation of the HazCom standard and how to read labels and safety data sheets (SDSs). However, employees also must understand how HazCom applies to their workplace, including what chemical hazards they’re exposed to, how to protect themselves from those hazards, the details of your written HazCom program, and how to access SDSs in their work areas.
Training must be understandable to all employees
Employees may have language and/or literacy issues. OSHA states in a training publication, “If an employee does not speak or comprehend English, instruction must be provided in a language that the employee can understand. Similarly, if the employee’s vocabulary is limited or there is evidence of low literacy among participants, the training must account for this limitation. Remember that workers may be fluent in a language other than English, or they may have low literacy in both English and their primary language. Training needs to be adjusted to accommodate all the factors that are present.”
Another key to comprehension and effective training is ensuring employees have the opportunity to ask questions and receive answers when they don’t understand the material. Not all OSHA standards specify that an instructor be present or that a person be available to answer questions immediately. However, employers should review the applicable standard to determine what’s required. A telephone hotline may suffice since employees can get immediate answers with no waiting.
A quiz or test is a great way to see if employees understand what they’ve learned, though it’s not an OSHA requirement. Offering hands-on exercises is another way employees can practice what they’ve learned in a safe space where the instructor can observe them to ensure they grasped the training. Also, watch employees in action on the job to see if they’re putting training to use — it’s another way to gauge effectiveness of training.
Refresher training and retraining keeps safety top of mind
Training employees once and assuming years later they still understand what they’ve learned is a risky assumption. It’s wise to set up a system for periodic refresher training, even if not required. Note that many OSHA standards will require refresher training and give a frequency. Others may specify that retraining is needed when something in the workplace changes, such as operations, processes, or hazards. Regardless, if you notice employees are failing to follow their training or they have a near miss or incident, that’s an important time to revisit the training elements.
Key to remember: Effective safety training includes workplace-specific information that’s understandable to all employees.
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2025-10-24T05:00:00Z
NewsIndustry NewsEnglishInternational Registration Plan (IRP)IRP and IFTA recordkeepingFocus AreaIn-Depth ArticleFleet OperationsFleet TaxesInternational Fuel Tax Agreement (IFTA)Fleet taxesTransportationRegistration and Permits - Motor CarrierUSA
Expert Insights: Permits, plates, and paperwork
Are you ready for your next audit? Whether you're managing two trucks or twenty, the risk of fines, delays, or even shutdowns due to missing paperwork is real. That’s why preparing for an audit should never be an afterthought.
Start with the basics: Registrations and permits
Every vehicle in your fleet must have up-to-date registration and the correct permits for the states and regions it operates in. This includes:
- Current/active USDOT number and authority,
- IRP (International Registration Plan) vehicle registration for multi-state travel,
- IFTA (International Fuel Tax Agreement) for fuel tax reporting,
- Oversize/overweight permits,
- Hazmat permits, and
- Motor carrier (MC) numbers for intrastate operations.
Make sure these documents are both current and easily accessible — in the vehicle and in your office records. Auditors won’t be happy about waiting while you dig through file cabinets.
Keep your records audit-ready
Auditors may ask to see a range of documentation related to your operations, including:
- Dispatch records,
- Hours-of-service records,
- Fuel receipts,
- Electronic logging device (ELD) data and backups,
- Bills of lading, and
- Lease agreements.
Small fleets often rely on manual systems, but even simple digital tools can help you stay organized and reduce the risk of missing key documents.
Keep track of renewals and deadlines
Permits and registrations have expiration dates and missing one can lead to costly downtime. Set calendar reminders or use fleet management software to track renewal dates. Some states also require periodic updates to your USDOT number or operating authority, so stay alert to notices from states and FMCSA.
Train your team
Your drivers and dispatchers play a role in compliance too. Make sure they know what paperwork needs to be in the cab, how to handle roadside inspections, and how to report issues like expired plates or missing permits.
Being audit-ready isn’t just about avoiding penalties, it’s about building a reputation for reliability and professionalism. When your paperwork is in order, your trucks stay on the road, your clients stay happy, and your business stays strong.
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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.