Regulatory Compliance News & Updates
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2026-03-12T05:00:00Z
NewsIndustry NewsHuman ResourcesHR GeneralistFocus AreaIn-Depth ArticleUSAHR ManagementEnglishDisabilities and ADADisabilities and ADAReasonable Accommodations
Yes, employers may reevaluate remote work accommodations
During the COVID-19 pandemic, employers sent many employees home to work. This strategy was effective for several years. As the disease risks faded, though, employers began requiring employees to return to the physical workplace. As a result, employees began — and continue — to ask to work from home as an accommodation under the federal Americans with Disabilities Act (ADA). Employers might wonder if they must keep providing such accommodations.
Not necessarily, but employers must tread carefully.
Reassess the need for accommodation
After employers grant an accommodation, they may assess whether there continues to be a need for the accommodation based on individualized circumstances, including whether alternative accommodations might meet the employee’s needs.
Employers have the discretion to choose between effective accommodations. This means employees aren’t necessarily entitled to their preferred accommodation forever. Employers may, therefore, reevaluate a previously granted remote work accommodation and replace it with an effective, reasonable one. When there are several reasonable and effective options, employers may choose an accommodation other than remote work.
Don’t hide under a blanket
Employers shouldn’t take a blanket approach to rescind and deny all remote work accommodations. In some cases, employees will continue to need remote work as an accommodation. Employers need to look at each situation individually, based on its own merits.
When to reassess the type of accommodation
Employers should occasionally reevaluate accommodations in response to changes, such as changes to:
- An employee’s condition,
- Job requirements,
- Operational needs, and
- A related law.
Employers might also, for example, find it helpful to reevaluate a remote work accommodation once a year to confirm the accommodation remains effective and manageable.
After reassessment
If supported by an individualized assessment, employers may allow the employee to continue to work remotely if doing so is necessary to ensure continued compliance with the ADA.
If, however, reevaluation and individualized assessment demonstrate that an employee no longer needs remote work as an accommodation, employers may replace it with a reasonable and effective in-office option (or combination of options). This can include, but isn’t limited to, assistive devices, modified equipment, environmental modifications (sound, smell, light, etc.), job restructuring, modified or flexible work scheduling, etc. It can also include reducing remote work, combined with in-office accommodations, provided the result is still reasonable and effective.
Key to remember: Employers may review whether employees continue to need remote work accommodations. Employers may rescind remote work accommodations if they no longer suit employee or company needs, but they might have to provide an alternative solution.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2026-03-12T05:00:00Z
NewsIndustry NewsEnglishFleet SafetyCMV Parts and MaintenanceParts and Accessories - Motor CarrierWarning devicesFocus AreaIn-Depth ArticleUSAEnforcement - DOTRoadside InspectionsTransportationRear bumper
3 key trucking rule changes coming soon
Drivers and motor carriers should face fewer citations starting later this month, once some important rule changes go into effect.
Vehicle-related requirements that have long frustrated fleets and enforcement officials alike are being revised or eliminated as of March 23 and April 20, 2026. While their impact is relatively narrow, carriers should understand what’s changing and how to protect themselves if roadside enforcement isn’t up to speed.
1. Rear-impact guard labels
The Federal Motor Carrier Safety Administration (FMCSA) is removing the requirement that rear-impact guards be permanently labeled. Under current rules, trailers are required to have a label certifying that the rear underride guard met federal manufacturing standards at the time it was built.
Though the label is applied by the manufacturer, motor carriers and drivers were expected to ensure it remained in place, a sometimes-frustrating task stretching over the lifetime of the vehicle.
Why the change? The bumper label requirement has been controversial for years. Enforcement agencies and industry groups repeatedly pointed out that the labels frequently fade, wear off, or are removed during repairs, even though the guard itself remains structurally compliant.
Compounding the problem, most manufacturers will not issue replacement certification labels or “re-certify” guards once they leave the factory. As a result, carriers were often cited for a condition they had no practical way to correct.
Although FMCSA previously issued guidance instructing inspectors not to cite missing or illegible labels, confusion persisted at the roadside. Eliminating the requirement altogether resolves that enforcement disconnect without altering the underlying safety standards for rear-impact guards.
What should carriers do?
- Continue inspecting rear-impact guards for structural integrity, mounting, height, and width as required under 49 CFR 393.86 and the annual inspection standards in Appendix A to Part 396.
- Don’t remove existing labels, but understand that their presence (or absence) will no longer determine compliance.
- Update inspection checklists and training materials to remove label verification as a compliance item.
2. Tractor license-plate lamps
Truck tractors will no longer be required to have a functioning rear license-plate lamp while towing a trailer. The lamp will still be required when the tractor is operating without a trailer, however.
Why the change? When a tractor is coupled to a trailer, the rear license plate and its lamp are typically obscured and serve no practical enforcement or safety purpose. The FMCSA concluded that requiring carriers to maintain a lamp that isn’t visible or relevant during normal operations added unnecessary maintenance costs without a safety benefit.
What should carriers do?
- Review maintenance policies to ensure tractors still have operational license-plate lamps when operated bobtail.
- Ensure drivers and maintenance personnel understand when a functioning license-plate lamp is required.
3. Emergency equipment
Drivers will no longer be required to carry spare fuses starting April 20, and they will no longer have the option to use liquid-burning flares as warning devices after March 23. Reflective triangles and/or solid-fuel flares will still be required, as will fire extinguishers.
The rule change for fuses is significant because over 10,000 drivers were cited in 2025 for failing to have them.
Why the change? The spare‑fuse requirement has remained in the regulations for decades, even as vehicle electrical systems have improved. The FMCSA concluded that:
- Blown fuses rarely occur during normal operation and, when they do, the repair is typically handled by maintenance personnel rather than drivers. Nevertheless, spare fuses are widely available at truck stops.
- Other regulations already prohibit operation of a vehicle when required electrical equipment isn’t functioning properly, regardless of whether spare parts are carried.
Similarly, liquid-burning flares are widely considered obsolete and are rarely used in modern fleet operations. Their continued presence in the regulations caused confusion.
What should carriers do?
- Verify that emergency-equipment kits contain at least three compliant reflective triangles or six flares, as appropriate.
- Update driver inspection checklists to remove spare fuses as required items and liquid-burning flares as an option. Motor carriers are free to continue having their drivers carry spare fuses, however.
- Remind drivers that vehicles may not be operated if required electrical systems are inoperative, regardless of whether a spare fuse is available.
- As with the changes described above, use DataQs to challenge any spare-fuse violations cited after April 20, unless still required by state law.
What if you’re cited?
Roadside enforcement practices don’t always change overnight. In addition, states that enforce the FMCSA regulations may adopt different effective dates for rule changes. Motor carriers and drivers should be vigilant about reviewing roadside inspection reports and challenging any citations that were issued improperly.
Bearing in mind that state requirements may vary, motor carriers should use the online DataQs system to challenge any erroneous bumper label or license-plate lamp violations cited after March 20, and any spare-fuse violations cited after April 20.
Key to remember: On March 23 and April 20, 2026, three important rule changes go into effect. Be sure your drivers, maintenance personnel, and others know the impact.
Keep reading...Show less
2026-03-11T05:00:00Z
NewsIndustry NewsFleet SafetyDefensive drivingCMV drivingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Smart driving in severe conditions
Spring marks the start of severe weather season. For the professional driver, maintaining a high level of awareness and being prepared can go a long way in ensuring safety while on the road.
Thunderstorms
Severe thunderstorms can develop quickly. The following actions can help ensure safety if approaching or already in a storm.
- Turn on the vehicle’s headlights, slow down, and allow extra braking distance.
- Pull off the road and find a safe area to park, avoiding trees, poles, or any other items that could fall on the vehicle.
- Stay in the vehicle as it provides better protection against lightning than being in the open.
- If able to safely park before the storm strikes, seek shelter in a sturdy building, staying away from windows.
Once the storm has let up and travel has continued, watch for downed power lines, trees, and other debris that may have blown onto the road.
Tornados
Tornados are considered nature’s most violent storms. A tornado’s winds can reach 300 miles per hour and can create a path of damage in excess of one mile wide and 50 miles long.
If in an area where a tornado warning is issued, safely park and seek shelter immediately, preferably a basement or the interior of the lowest floor of a sturdy building or storm shelter.
If outside with no shelter, lie flat in a nearby ditch or depression and cover your head with your hands. Also be aware of the potential for flooding, as heavy rain can cause low spots to quickly flood. Do not seek shelter under a highway overpass. Winds blow stronger under an overpass due to the wind-tunnel effect.
Watch for flying debris. Most tornado-related deaths and injuries are caused by flying debris. And never try to outrun a tornado.
Watches and warnings
The National Weather Service issues severe weather watches and warnings. Understanding the following terms can assist in identifying weather hazards.
Watch. A watch is issued when the risk of hazardous weather has increased significantly, but its occurrence, location, and/or timing is uncertain. Watches are normally issued well in advance of the occurrence of severe weather to provide lead time so the public can be prepared.
A severe thunderstorm watch is issued when conditions are favorable for the development of severe thunderstorms in and close to the watch area.
A tornado watch is issued when conditions are favorable for the development of tornados in and close to the watch area.
Warning. A warning is issued when hazardous weather is occurring, imminent, or has a high probability of occurring. Warnings are used for conditions posing a threat to life or property.
A severe thunderstorm warning is issued when a severe thunderstorm is indicated by radar or spotter reports. A severe thunderstorm includes hail that is one inch in diameter or larger and/or winds of at least 58 miles per hour.
A tornado warning is issued when a tornado is indicated by radar or sighted by spotters. The warning will include where the tornado is located and what communities are in its path.
Key to remember: Spring weather can be unpredictable, but informed drivers who remain alert and take appropriate precautions are far better equipped to handle what Mother Nature delivers.
Keep reading...Show less
2026-03-11T05:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthMiningSpecialized IndustriesEnglishMine SafetyFocus AreaUSA
MSHA warns of freeze-thaw hazards in recent safety alert
The Mine Safety and Health Administration (MSHA) recently issued a safety alert cautioning miners about the dangers posed by freeze-thaw cycles. These cycles can cause highwalls to become unstable and create slippery ground conditions, raising the risk of slips, trips, and incidents involving equipment.
Due to freeze-thaw cycle risks, MSHA recommends that miners closely inspect highwalls, banks, slopes, and roadways after major temperature shifts, and check equipment for safe operation. Miners should also:
- Scale hazardous material from a safe location.
- Barricade and post unsafe areas until hazards are corrected.
- Maintain clean catch benches and rockfall areas.
- Update and follow all Ground Control Plan procedures.
The full alert can be found at msha.gov.
Keep reading...Show less
2026-03-11T05:00:00Z
NewsEmployment ContractsIndependent ContractorsContingent WorkforceFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishHuman ResourcesTalent Management & RecruitingAssociate Benefits & CompensationIndustry NewsIndustry NewsContingent WorkforceHR GeneralistAssociate RelationsFocus AreaUSA
DOL’s independent contractor proposed rule syncs employee FMLA definition
On Friday, February 27, the U.S. Department of Labor (DOL) published a proposed rule to determine whether a worker is an employee or an independent contractor. The current proposed rule harkens back to the 2021 version, but stretches its application beyond the federal Fair Labor Standards Act (FLSA) to the federal Family and Medical Leave Act (FMLA).
The reason behind the addition
The DOL claimed that the FMLA regulation’s guidance for assessing employee or independent contractor status could be unclear if it didn’t make confirming edits.
The FMLA regulation defines “Employee” as having the same meaning as that term has under the FLSA and notes that it takes the “definition of ‘employ’ from the [FLSA].” Reference 29 CFR 825.102 and 825.105(a).
The FMLA regulation doesn’t, however, mention the factors used to distinguish between employees and independent contractors under the FLSA or advise how employers should weigh the factors. These factors have changed over the years.
Instead, the regulation explains generally that “courts have said that there is no definition that solves all problems as to the limitations of the employer-employee relationship.”
It further advises that “an employee, as distinguished from an independent contractor who is engaged in a business of his/her own, is one who ‘follows the usual path of an employee’ and is dependent on the business which he/ she serves.”
Although accurate in describing the overall analysis, employers could misinterpret it as suggesting that — unlike the FLSA — there is no set of factors for distinguishing between employees and independent contractors in FMLA cases.
The DOL didn’t intend to create or imply any discrepancy between the FMLA and FLSA when it added the language in the FMLA. It believes that adding cross-references to the FLSA would address this concern and provide useful guidance when determining whether a worker is an employee or independent contractor under the FMLA.
If the proposed rule is finalized, employers would benefit from the simplicity and certainty of having a single uniform standard for determining employee or independent contractor status under both laws that use the same relevant statutory definitions.
Key to remember: While employers wouldn’t see a major change, they would need to apply the FLSA’s employee or independent contractor analysis to the FMLA under a new proposed rule.
Keep reading...Show less
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.”
Keep reading...Show less
Search all news
Got a Compliance Question?
We’ve Got You Covered!
Get clear, reliable answers from experts with 500+ years of combined experience.
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.