
SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.

SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Artificial Intelligence (AI) can significantly improve driver qualification (DQ) processes when applied correctly. Drivers’ files and performance must always remain compliant with federal regulations and company safety standards. Traditional methods — paperwork, manual checks, and time-intensive verification — degrade onboarding, performance management, and other administrative processes.
Proper use of AI offers potential efficiency, but preparation and oversight are key to avoiding the pitfalls.
By leveraging AI, fleets can:
Specific AI applications include:
Maintaining company safety standards is just as critical to driver retention as compliant DQ files. Even with the vast amount of data from cameras and vehicle telematics, AI can quickly identify the drivers who need interventions to avoid future crashes and violations.
Before deploying AI, companies should take several preparatory steps:
Data quality assessment: AI systems rely on accurate data. Ensure all driver records, compliance documents, and historical data are digitized and standardized. Consider transitioning to an online fleet management system (FMS) ahead of using AI.
Regulatory alignment: Confirm how AI tools will help maintain compliance with the Federal Motor Carrier Safety Administration (FMCSA) regulations and privacy laws.
Stakeholder training: Educate human resources teams, safety managers, and operations on how AI will integrate into workflows.
Vendor evaluation: Choose AI solutions with proven success in transportation organizations, robust security features, and transparent algorithms. Where possible, avoid using multiple AI vendors’ offerings where one cohesive product could be more efficient. Where possible, integrate AI with the FMS and current workflows, instead of using AI as standalone software with one more login to remember.
Pilot testing: Start with a small-scale implementation on a narrow DQ file task or driver safety performance area to identify gaps and refine processes before full deployment.
While AI tools offer significant benefits, there are critical considerations:
Bias and fairness: AI models trained on incomplete or biased data can lead to discriminatory outcomes. Regular audits in this area are essential.
Over-reliance on automation: Automated systems may incorrectly flag drivers as non-compliant or miss issues. AI should assist, not replace, compliance experts. Promoted as a decision-support tool without the intention of replacing decision-makers, can help build trust and reduce concerns about an "AI takeover."
Data privacy risks: Sensitive driver information must be protected with strong encryption and access controls. Adhere to biometric information privacy laws where digital fingerprints, iris scans, voice recognition, or other biometrics are in use.
Regulatory changes: AI systems must adapt ahead of and be ready for FMCSA and state-specific requirement changes. Use experts to ensure regulatory changes are incorporated by the effective dates of changes to avoid costly penalties.
Keys to remember: Success using AI to ensure only qualified drivers work for a carrier depends on careful planning, data accuracy, and ongoing subject matter expert oversight. By addressing these prerequisites and watchouts, fleets can harness AI responsibly to build safer, more efficient operations.
The element of surprise built into DOT random testing helps catch impaired drivers. So, the timing of driver notifications is vitally important.
To ensure random selections are kept confidential and unannounced, DOT regulations specify how to carry out testing. A misunderstanding of these requirements can create a messy situation and may inadvertently create a violation.
Consider the following random-notification scenarios and the issues each produces.
Scenario: Samantha was selected for a random DOT drug and alcohol test. Her supervisor informed her about the test at the beginning of her shift. She was told she had two hours to show up for her appointment at a clinic that’s 15 minutes away.
Notification error: Drivers don’t have a “window of time” to show up for random tests. The regulations require that drivers immediately proceed to the collection site once they’re notified of a random drug or alcohol test. Giving drivers a cushion (other than travel time) is considered advance notice. In fact, this type of heads-up could:
Drivers CANNOT be given an hour or two to show up at the collection site, and they can’t wait until later or at the end of their shift when it’s more convenient.
Scenario: Phil is a warehouse employee who occasionally fills in as a driver. He’s in the random pool and was selected for alcohol testing.
Today, Phil is scheduled to work solely in the warehouse operating a forklift. The safety manager approaches Phil and instructs him to go for a DOT alcohol test. Phil goes for testing and blows 0.00% BAC, indicating he was not impaired. All’s good, right? Not quite.
Notification error: Since alcohol is a legal substance, prohibited use is timed around performing safety-sensitive functions (SSFs). A random alcohol test can only be requested right before, during, or right after performing SSFs.
If a driver is working in another capacity at the motor carrier (e.g., working in the warehouse) with no expectation of operating a CDL vehicle, they’re not performing SSFs. The motor carrier is unable to arrange DOT alcohol testing during this shift. The notification must wait until the driver is scheduled to operate or is in readiness to operate a vehicle requiring a CDL.
In this case, the safety manager caught a break — the test was negative. Had Phil’s test result been at least 0.04% BAC, the error would have resulted in a DOT testing violation. The carrier’s designated employer representative (DER) would decide whether to report the failed test to the Clearinghouse or work to cancel the test due to the error.
Scenario: Robert, the company’s DER, received the quarterly list of randomly selected drivers. Randy was selected for drug testing, and Robert knows Randy should be available for testing shortly. Randy just dropped off his load and is on his way back to the terminal, which is about an hour’s drive. Robert texts Randy with instructions to immediately proceed to ABC Clinic which is close to the drop off. Randy doesn’t respond to the text.
The clinic calls Robert stating that Randy never showed up. An hour later, Randy shows up at the motor carrier and is clocking out for the day. Robert asks Randy, “Why didn’t you go for your random drug test? I texted you!” Randy states, “I never got a text.”
Best practice: The regulations don’t restrict the use of electronic notifications. However, in this scenario, Robert is in a difficult position. Does he consider this a refusal to test or take Randy’s word? As DER, he must decide.
Use of text, voicemail, or email isn’t the best choice for remote notifications of random testing. A documented phone call where you speak with the driver backs up any claims of refusal to test.
Your random drug and/or alcohol notifications may require planning. You don’t want to set your driver up for failure or to create a motor carrier violation through improper procedures.
Avoid messy situations:
Key to remember: The element of surprise for random tests helps uncover CDL drivers’ drug use or alcohol misuse. But your timing of these random tests should be far from random.
Starting January 1, 2026, Washington state will require tower crane permits for all construction work involving tower crane operation, assembly, disassembly, and reconfiguration.
Before issuing permits, Washington Department of Labor & Industries (L&I) will conduct safety conferences to ensure all parties understand the safety requirements and related responsibilities. Prime contractors will be required to follow manufacturers’ instructions for operating, assembling, disassembling, and reconfiguring tower cranes. Additionally, contractors must also immediately correct deficiencies that could affect the crane’s structural integrity or safe operation.
Washington L&I began accepting permit applications on December 5. The department requires 20 working days to process permit applications and requests for permitted activities. More information can be found on the L&I website.
On December 3, Senators Maggi Hassan and Joni Ernst introduced bipartisan legislation entitled the Fair Access for Individuals to Receive (FAIR) Leave Act (S 3321). If enacted, the bill would eliminate the requirement that married couples who both work for the same employer share the 12 weeks of leave under the federal Family and Medical Leave Act (FMLA).
Currently, married couples who work for the same employer have to share the 12 weeks of FMLA leave when the leave is taken to:
Spouses who work for the same employer also share a total of 26 workweeks of FMLA leave to care for a military family member with a serious injury or illness.
If this bill is enacted, eligible spouses working for the same employer would be entitled to each take up to 12 workweeks each of unpaid leave in a 12-month leave year for all applicable FMLA leave reasons. This change would also make it easier for employers to track leave, versus having to calculate when married employees share their leave.
This isn’t the first time a bill of this nature has been introduced, and the senators refer to the sharing provision as a “loophole” in the law. Often, a measure is introduced many times before it gets any traction in Congress.
Although this bill might not pass, it indicates that revising legislation about employee leave is still on the minds of lawmakers.
Key to remember: Members of Congress continue to want to make changes to the federal FMLA.
An employee asks for time off for prenatal appointments. The employer responds by asking the employee to get a note from her doctor regarding the time off. The employee provides a note from her doula.
Must the employer accept the note?
Yes, and here’s why.
Under the federal Pregnant Workers Fairness Act (PWFA), employers may ask for documentation supporting an employee’s request for a workplace change because of a limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions in many, but not all, situations.
When it’s reasonable under the circumstances for employers to seek supporting documentation, they may require that it come from a health care provider. Health care providers, however, can include, but aren’t limited to:
The health care provider may also be a telehealth provider whom the employees see for virtual visits.
Employers may not require that the health care provider be the one treating the condition at issue. It could come from a different provider. Nor may employers require that the employee be examined by an employer-selected health care provider.
The PWFA documentation provisions are a bit different from those under the ADA. Like the ADA, employers may not ask for documentation:
Under the PWFA, in addition to the above, employers may not ask for documentation:
Key to remember: Employers must accept documentation from a variety of health care providers under the PWFA, and may not always request it.
Effective date: January 24, 2026
This applies to: All Pennsylvania employers
Description of change: The Creating a Respectful and Open World for Natural Hair (“CROWN”) Act — which bans discrimination based on natural and protective hairstyles historically associated with race — was signed by Gov. Josh Shapiro on November 25, 2025.
Effective January 24, 2026, The CROWN Act prohibits employers from discriminating against employees or applicants based on hairstyles such as locs, braids, twists, coils, Bantu knots, afros, and extensions, while still allowing businesses to enforce valid health and safety policies that apply equally to all employees.
The CROWN Act was first passed in California in 2019 to prohibit racial bias based on a person’s appearance or hairstyle. Pennsylvania is the 28th state to pass CROWN Act legislation.
View related state info: Discrimination – Pennsylvania


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