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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.
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NewsIndustry NewsSafety & HealthConstruction SafetyLockout/TagoutGeneral Industry SafetyIn-Depth ArticleEnglishLockout/Tagout Periodic EvaluationFocus AreaUSA
July
What your LOTO periodic inspection might be missing
The locks came off. The equipment started up. Everything seemed normal. Then someone got hurt. Too often, hazardous energy incidents happen because a lockout/tagout procedure no longer reflects how the work is being done. That’s where periodic inspections come in. Each year, workers are seriously injured or killed when hazardous energy is not properly controlled. OSHA also continues to rank lockout/tagout among its most frequently cited standards.
Where lockout/tagout programs start to drift
Most lockout/tagout programs gradually lose effectiveness when procedures are assumed to be correct rather than verified. A strong periodic inspection can identify small gaps and help keep procedures accurate before those gaps become serious hazards. Common warning signs include:
- Equipment modifications that never make it into the written procedure;
- Authorized employees following different steps for the same machine;
- Procedures that have not been reviewed since they were created;
- New employees learning from coworkers instead of the documented procedure; or
- Lockout/tagout practices that vary between shifts.
The compliance side of periodic evaluations
Under OSHA's lockout/tagout standard (29 CFR 1910.147), employers must conduct a periodic inspection of each energy control procedure at least annually. The inspection must be performed by an authorized employee other than the employee using the procedure being inspected. The inspection is intended to verify that:
- The procedure is being followed;
- Employees understand their responsibilities; and
- The procedure continues to provide effective protection from hazardous energy.
OSHA also requires employers to certify that the inspection was completed. At a minimum, the certification must identify the machine or equipment, the inspection date, the employees included in the inspection, and the person performing the inspection. If deficiencies or deviations are identified, employers must take corrective action. That may mean revising the procedure, providing retraining, or both.
Making periodic inspections more meaningful
Inspections help verify that energy control procedures remain accurate; employees are following them correctly, and small gaps are identified before they become serious hazards. The strongest periodic inspections look at what's happening on the floor as well as what's written in the procedure. Start with these checks:
Observe the procedure: Watch an authorized employee perform the lockout process. Compare what is happening in the field against what is written in the procedure.
Verify equipment accuracy: Confirm that energy sources, isolation points, disconnects, and verification steps still match the equipment configuration.
Discuss responsibilities: Use the inspection as an opportunity to review employee responsibilities and answer questions about the procedure.
Look for changes: Consider equipment modifications, process changes, new tooling, or updated operating practices that may require revisions to the procedure.
Document and follow up: Record findings, address deficiencies promptly, and retrain employees when needed.
Key to remember: A lockout/tagout procedure is only effective if it reflects current conditions. Periodic inspections can help keep hazardous energy programs working as intended.
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2026-07-23T05:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyTrainingTrainingCommercial drivers license CDLFocus AreaEnglishTransportationUSA
Fighting fraud in CDL schools
The U.S. Department of Transportation (DOT) has teamed up with the Department of Homeland Security (DHS) to help prevent fraud and illegal actions in commercial driver’s license (CDL) schools.
Over the last year, about 75 entry-level driving training schools for CDL drivers were suspected of fraud in the forms of improperly trained drivers, false training records, and improper driver certifications, according to the Federal Motor Carrier Safety Administration.
The DOT and DHS are now working together to help eliminate these fraudulent practices and to strengthen the reliability of the nationwide driver training system. The DOT plans to engage DHS to perform further investigations of schools suspected of fraud and ensure all training practices are compliant with the regulations and other requirements. The goal is to make the roads safer for both the public and commercial drivers alike.
As of late 2025, approximately 10,000 schools have been removed due to meeting industry standards, according to the FMCSA.
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2026-07-23T05:00:00Z
NewsIndustry NewsFleet SafetyDriver qualificationsTransportationDrivers qualification (DQ file)Driving RecordsDriver abstractsIn-Depth ArticleEnglishFocus AreaUSA
Why driver self-certification deserves a closer look
Most carriers review motor vehicle records (MVRs) looking for the obvious red flags. They check traffic convictions, suspensions, endorsements, restrictions, and medical certification information. But there's another item on a commercial driver’s license (CDL) driver's MVR that can easily be overlooked: the driver's self-certification status.
That oversight can create significant compliance problems.
When CDL drivers apply for, renew, or update their CDL, they must self-certify the type of commercial driving they perform. Depending on their operation, a driver may be classified as:
- Non-excepted interstate,
- Excepted interstate,
- Non-excepted intrastate, or
- Excepted intrastate.
For most motor carriers, drivers should be operating under a non-excepted category because they’re subject to medical qualification requirements. Drivers can update their self-certification status directly with their state driver licensing agency, typically with little employer involvement. But that's where mistakes can occur.
In some cases, a driver may change their status to an excepted category without fully understanding the requirements. In other cases, they may have legitimately qualified for an excepted category while working for a previous employer but never updated their status after changing jobs. Either way, if a carrier isn't paying close attention to this information, the error can go unnoticed until it's discovered during an audit or a roadside inspection.
Why ‘excepted’ matters
An excepted category isn’t simply an option that a CDL driver can choose for convenience. To self-certify as “excepted interstate,” a driver must operate exclusively under one of the FMCSA's excepted activities, such as certain government operations, emergency response functions, or other specifically exempted activities.
Likewise, a driver claiming “excepted intrastate” status must meet the exemption requirements established by the state in which they’re licensed. These exemptions vary from state to state. Many CDL holders incorrectly assume that if they’re not currently driving CDL-required commercial motor vehicles , they can self-certify as ”excepted intrastate” and avoid maintaining a DOT medical certificate on their driving record. Many states specifically prohibit this practice. The key takeaway is that carriers should understand their state’s self-certification rules rather than assume a driver’s selection is correct.
Interstate vs. intrastate
A couple of words on an MVR can make a big difference. When hiring a new driver, carriers should pay close attention to whether the driver is self-certified as interstate or intrastate. It is common to hire drivers who previously worked for an employer that operated exclusively in intrastate commerce.
If a driver is self-certified as “Non-Excepted Intrastate” and then begins operating in interstate commerce, this will quickly come to light during a roadside inspection or compliance review. Carries should make sure the individual reviewing MVRs understands what these categories mean and verifies that a driver's self-certification status aligns with the operations the driver will actually perform.
Key to remember: Because drivers update their self-certification status directly with their licensing agency, carriers shouldn’t assume the information is always accurate or consistent with the driver's current job duties. Taking extra time to closely review and verify a driver's self-certification category will prevent compliance issues down the road.
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2026-07-22T05:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierExpert InsightsFocus AreaEnglishTransportationUSA
Expert Insights: Safety should never go on vacation
If your business is anything like mine during the summer months, everyone is taking a much-deserved vacation at some point.
However, employees who take time off need to have backups, or someone should be assigned. Personally, when I take time off, I give my subs the run-down (yes, I’m a list person). Hopefully, I’ll leave them with everything they need to know.
Neglecting to assign or appropriately fill in a backup may pose both a safety risk and compliance issue. The following examples are roles that must be filled during any absence:
- Reasonable suspicion testing: If a CDL driver appears impaired, a trained supervisor needs to be available to observe and request a DOT reasonable suspicion test. There should be enough trained supervisors available to cover shifts and locations — even aside from vacations.
- Everyday activities: Driver supervisors play a crucial role in monitoring driver performance and productivity and ensuring drivers’ needs are met. There should never be a lapse in this responsibility. • DQ file management: Whether it’s new-hire paperwork or recurring items in an existing driver’s qualification (DQ) file, the tasks must be completed. Failing to generate driver qualifications documents can result in missed regulatory deadlines and/or permitting unqualified drivers behind the wheel of your commercial vehicle.
- Drug and alcohol testing: There are several moving pieces when managing a DOT drug and alcohol program. If one action is missed, an impaired driver might be operating your vehicle. Tasks include working with service providers, receiving test results, handling problems in testing, arranging tests, running random selections, working in the motor carrier’s Clearinghouse account, and so forth.
- Hours-of-service (HOS) checks: It’s a necessity to have more than one party at the carrier delegated to assign/annotate unassigned driving events, as well as spot check for other HOS violations.
When the vacationing employee returns, there should be a short meeting bringing them back up to speed, including documented events during the absence.
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2026-07-22T05:00:00Z
NewsIndustry NewsGender DiscriminationIndustry NewsDiscriminationAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Transgender employee missed FMLA leave request step, lost court case
Employees at the company had to request leave under the federal Family and Medical Leave Act (FMLA) through a third-party administrator (TPA). They could, afterwards, inform their manager of the leave. The employer communicated this process to employees, and Russia, a transgender employee, had previously followed this procedure when taking FMLA leave.
If employees reported their use of FMLA leave only to their manager, they would get the leave, but the employer considered it falsification of FMLA leave. To ensure compliance with the procedure, the employer asked managers to cross-reference the TPA records with their own records.
By October 2020, Russia had accumulated 24 days in which he reported FMLA leave to his manager without contacting the TPA. Wilmer, a business manager, noticed the discrepancy between the employer’s and the TPA’s records on Russia’s FMLA-related absences and contacted the TPA to confirm that Russia failed to properly report his use of FMLA leave.
In a meeting with Wilmer the following day, Russia couldn’t explain why he had failed to report his FMLA leave to the TPA. Wilmer, therefore, recommended to his boss that Russia be fired for FMLA falsification.
The following January, the employer fired Russia, citing the 24 absences and his failure to report them to the TPA.
Russia sued, claiming that the employer discriminated against him and interfered with his FMLA rights because he was transgender.
In court, Russia tried to argue that he was treated more harshly because of his protected characteristic. But the employer showed that about the same time that it fired Russia, it fired four other employees for FMLA falsification, none of whom were transgender.
The court found that the employer had a legitimate, nondiscriminatory reason for firing Russia.
The employer’s overall process required managers to cross-reference records, and those records showed that Russia failed to report his absences correctly. The employer also applied its policy consistently, treating similarly situated employees equally.
Brown v. Chicago Transit Authority, Seventh Circuit Court of Appeals, No. 25-1750, June 24, 2026.
Key to remember: Employers can beat a claim if they consistently apply their policies and have strong documentation. Those that use a TPA benefit from having a review process between TPA records and employer records.
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 single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-07-22T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Do employees get FMLA leave before delivery of a child?
Many women go through pregnancy without complications or disruptions to their workdays. Often, they schedule prenatal appointments outside of their normal work hours. And for those who don’t have any issues with the pregnancy, they likely wouldn’t need much time off, if any, before the baby is born.
Other women can’t schedule prenatal appointments outside of work hours. Some are incapacitated by the pregnancy, such as with morning sickness. In these types of situations, employees will likely need time off before the delivery. Assuming the employee is eligible, this time would fall under the federal Family and Medical Leave Act (FMLA).
When employees put their employers on notice of the need for leave for an upcoming birth, employers might focus only on the delivery date. If, however, employees take time off before the delivery, that time could well be FMLA-protected.
Pregnant employees get FMLA leave before delivery as long as:
- The employer is covered by the law,
- The employee meets the FMLA eligibility criteria, and
- The employee is incapacitated by the pregnancy.
When employees take time off for prenatal care, the FMLA views them as being incapacitated for that time. Therefore, not only do pregnant employees get FMLA leave for prenatal appointments, but so do their spouses, who are caring for them.
Certification
The FMLA certification includes an entry for the expected delivery date. It also includes entries for planned medical treatment, such as prenatal visits. If the health care provider has information on scheduled prenatal visits, they should include that in the certification.
If the certification doesn’t include information about scheduled prenatal visits, and an employee begins to take time off for them, employers may ask for a recertification to support the additional leave.
Employees may not choose to have their prenatal visits not count against their 12 weeks of FMLA leave. The law states that employees may not waive their prospective FMLA rights. This means that if the employee is eligible and the reason qualifies for FMLA leave, an employer must count it as such.
If an employer isn’t covered by the FMLA, or an employee isn’t eligible, time off for prenatal care or other incapacitation can fall under the federal Pregnant Workers Fairness Act or any applicable state or local laws.
Key to remember: Pregnant employees and their spouses may take FMLA leave for prenatal visits, and for any other time the pregnant individual is incapacitated by the pregnancy.
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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.