SAFETY & COMPLIANCE NEWS
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
2026-02-12T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Why employees don’t accrue FMLA leave (and how leave is calculated)
The federal Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of job-protected leave in a 12-month leave year for certain reasons. Less commonly used, the FMLA also gives employees up to 26 weeks of leave to care for a family/military member.
Focusing on the more common usage of the 12 weeks of FMLA leave, employers often think of these 12 weeks of leave in terms of hours. If, therefore, an employee normally works 40 hours per week, they get 480 hours of FMLA leave. Differentiating between weeks and hours comes into play when employees take leave intermittently or on a reduced schedule.
It's important to point out that, unlike a company’s paid time off (PTO) benefits, in which employees might accrue PTO hours, employees don’t “accrue” FMLA leave at a certain hourly rate. The FMLA regulations [29 CFR 825.205(b)(1)] state:
“An employee does not accrue FMLA-protected leave at any particular hourly rate. An eligible employee is entitled to up to a total of 12 workweeks of leave, or 26 workweeks in the case of military caregiver leave, and the total number of hours contained in those workweeks is necessarily dependent on the specific hours the employee would have worked but for the use of leave.”
Counting leave
When employees take leave intermittently or on a reduced leave schedule, employers may count only the amount of leave actually taken toward the employee's 12-week leave entitlement.
The actual workweek is the basis of leave entitlement. This means that if employees work more than 40 hours a week, they get more than 480 hours of FMLA leave. An employee who normally works 50 hours per week, for example, would get 600 hours of FMLA leave.
When calculating how much leave employees take, if an employee who otherwise works 40 hours a week takes 8 hours off, the employee would use one-fifth of a week of FMLA leave. Similarly, if an employee who normally works 8-hour days works 4-hour days under a reduced leave schedule, the employee would use one-half of a week of FMLA leave.
For employees who work a part-time schedule or variable hours, employers may pro-rate the amount of FMLA leave. If, for example, an employee who generally works 30 hours per week takes 10 hours of leave under a reduced leave schedule, the employee's 10 hours of leave would equal one-third of a week of FMLA leave.
Employers may convert these fractions to their hourly equivalent so long as the conversion equitably reflects the employee's total normally scheduled hours.
Recouping leave under the rolling backward method
Employers should be aware of the differences between accruing leave and employees recouping leave when employers use the 12-month rolling backward method for their 12-month leave year. In that situation, employees get more FMLA leave as their old leave “rolls off” the calendar and more leave “rolls on.”
Key to remember: Employees get 12 weeks of FMLA leave, but they don’t accrue the leave at a certain rate — 12 weeks is 12 weeks. How much hourly leave they get, however, is based on their actual workweek.
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RECENT INDUSTRY HIGHLIGHTS
2026-02-11T06:00:00Z
NewsIndustry NewsCMV Parts and MaintenanceParts and Accessories - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
CARB Clean Truck Check remains enforceable
Don’t misunderstand the recent action from EPA — it does not shut down California’s Clean Truck Check (CTC) program. The state can still enforce the requirements, and trucks operating in the state must continue meeting inspection and emissions requirements.
In January, the U.S. EPA issued a “final partial disapproval” of California's Heavy-Duty Vehicle Inspection and Maintenance (HD I/M) program (also known as Clean Truck Check, or CTC). The move defines which emission reduction credits California can count toward the State Implementation Plan (SIP).
The partial disapproval prevents California from factoring in all of the emission reductions from CTC. Only the emission reductions from California-registered vehicles will count toward the federally mandated attainment demonstration required by the SIP.
What this means for California/CARB
The California Air Resources Board (CARB) may continue state-level enforcement of CTC for all in-state, out-of-state, and foreign-registered vehicles. However, they cannot claim SIP credit for emissions reductions from vehicles not registered in California.
What this means for trucking companies
Trucks not registered in California may still be subject to California enforcement, but EPA will not enforce those requirements federally. California cannot use those inspections or emissions reductions for SIP compliance.
Compliance options for testing
To comply with CARB’s CTC requirements, trucking companies can choose from multiple emissions testing options. Those options include:
- A telematics-based approach: The telematics option is a “set-it-and-forget-it” onboard diagnostics (OBD) test option. With this option, once the telematics device is set up on the vehicle, required data is automatically submitted to CARB.
- Hiring a credentialed tester to perform compliance testing: There are more than 30,000 credentialed testers, 15,000 of which are for hire. The “Credentialed Tester List - CTC-VIS” website features real-time updates to the list.
- Checking out a testing device from specified locations: Anyone can become a credentialed tester by taking the Tester Training Course and passing the exam in the Clean Truck Check-Vehicle Inspection System (CTC-VIS). Fleets can then perform the testing in-house without the need to hire third-party testers.
- Permit option: Finally, for vehicles that rarely operate in California, the HD I/M Regulation includes a five-day pass provision that allows any vehicle in the fleet to be operated in California for up to five consecutive days once per year without meeting the requirements of the rule.
FAQ: Does this regulation apply to my truck or fleet?
CTC applies to almost all diesel, alternative fuel, and hybrid vehicles, with a gross vehicle weight rating over 14,000 pounds, operating on public roads and highways in California — even if they are not registered in California. This includes:
- Government vehicles;
- Motorcoaches;
- Transit, shuttle, and school buses;
- Hybrid vehicles;
- Commercial and personal use vehicles;
- California registered motorhomes; and
- Single-vehicle fleets.
Freight contractors and brokers must:
- Only contract with compliant vehicles or fleets, and
- Comply with the record keeping requirements.
Ports and railyards also have requirements regarding CTC compliance status of vehicles and access to their facility.
Key to remember: EPA’s recent action does not end California’s CTC program. CARB enforcement continues, and trucks operating in the state are still required to comply with all program requirements.
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2026-02-11T06:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
FMLA leave abuse investigations must be individualized
Employees who abuse leave under the federal Family and Medical Leave Act (FMLA) risk losing their job protections under the law. Employers must be careful, though, when determining whether employees are abusing their leave. One employer learned this through a court case.
The backdrop
The company required some employees to work on weekends and holidays. It normally called Andrew, an employee, to work on an as-needed basis. He would indicate that he was available for work by “marking up” for it, and indicate when he wasn’t available for work by “marking off.”
The employer assessed attendance points when employees marked off as sick, which could lead to discipline. The employer, however, didn’t assess points if employees took FMLA leave. Employees weren’t supposed to use FMLA leave to avoid working on weekends or holidays, though.
The company identified employees with a pattern of taking FMLA leave to extend their weekends, vacations, or holidays. Jolanda, the company's senior benefits manager, determined the criteria used to identify employees who were potentially misusing FMLA leave and conducted individualized reviews.
The story
In May 2017, Andrew applied for intermittent FMLA leave for major depression and insomnia. Andrew’s doctor estimated that he would need to take intermittent FMLA leave once a month for up to 2 days per episode. The company approved the leave.
In August, the company sent Andrew a warning letter after he used FMLA leave on 4 weekends over a 6-week period. The letter stated that it appeared he was misusing FMLA leave, as he had a pattern of marking off FMLA leave on the weekends, or in conjunction with vacations or holidays. The letter further stated that continued FMLA misuse could lead to discipline.
As the holidays approached, about 10 percent of the workforce marked off for Christmas morning. Because of this, Jolanda believed that some employees were using FMLA leave dishonestly and investigated the cases. Jolanda didn’t, however, include employees who had cancer, were terminally ill, or were about to give birth, as she deemed these conditions justified using FMLA leave.
She investigated Andrew because he took FMLA leave from the day before Thanksgiving until the day after Thanksgiving, when he had the first of 2 scheduled rest days. He also took FMLA leave on Christmas Eve and Christmas Day, followed by 2 consecutive rest days, and again on New Year’s Eve and had New Year’s Day off as a vacation day. The employer accused him of misusing FMLA leave and eventually fired him. He sued.
In court
Andrew claimed that the employer violated the FMLA when it fired him for taking FMLA leave over Christmas and New Year’s Eve. He argued that holidays worsened his condition, justifying his need for leave. He also argued that the investigation into him wasn’t reliable, since Jolanda didn’t include employees with other conditions in her investigations.
In denying the employer’s request to throw the case out, the court said that the company’s systematic better treatment of similarly situated employees with other serious health conditions was evidence that would allow a jury to infer that its disciplinary action against Andrew was retaliation for taking FMLA leave on holidays.
Brown v. CSX Transportation, Inc., District of Florida, No. 8:24-cv-2777, January 23, 2026.
Key to remember: Watching for FMLA leave misuse patterns can be useful, but when employers take disciplinary action without an individualized review (or apply policies inconsistently) their actions can risk crossing the line into retaliation.
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2026-02-10T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
Yes, employees may take FMLA leave to avoid a flare-up
Employees who meet the eligibility criteria under the federal Family and Medical Leave Act (FMLA) may take job-protected leave for reasons such as when they’re incapacitated by their own serious health condition.
Sometimes, those conditions can cause flare-ups. If employees take leave to avoid flare-ups, would taking preventative measures (like time off) qualify for FMLA protections?
The FMLA regulations say, “Yes,” missing work to avoid flare-ups could be job-protected leave. Here’s where this is cited in the regulations:
29 CFR 825.115(f)
Absences attributable to incapacity…qualify for FMLA leave even though the employee or the covered family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three consecutive, full calendar days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
[Emphasis added]
An employee with an autoimmune condition, for example, might stay home to avoid overly cold or hot work environments. Loud construction noise might trigger a migraine. Wildfire smoke could exacerbate chronic lung disease.
In these types of situations, employers must allow employees to take FMLA leave to avoid a flare-up and count the time off as FMLA leave.
Certification
A certification supporting the need for FMLA leave might indicate that the employee needs time away from work to prevent flare-ups. If it doesn’t, and an employee takes a substantial amount of leave for such a reason, the employer may ask for a recertification — especially if the employer doubts the reason for an absence.
As part of the request, the employer may give the health care provider a record of the employee's absence pattern and ask the provider if the serious health condition and need for leave are consistent with such a pattern.
Other steps to avoid a flare-up
In some situations, employers might wonder if they could ask the employee to work from a different location instead of taking leave if the location is the cause of a flare-up. Unfortunately, the employee is entitled to the leave for a qualifying reason, including time off to avert a flare-up.
If an employee chooses to work from a different location, employers wouldn’t count that time as FMLA leave because the employee is still working.
Key to remember: Employers must count and protect an employee’s time off to avoid a flare-up of a medical condition.
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2026-02-10T06:00:00Z
NewsIndustry NewsMedical and Exposure RecordsMedical and Exposure RecordsSafety & HealthGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
What does OSHA count as employee exposure records?
Employers must retain employee exposure records for 30 years. Since OSHA could issue citations for failing to keep these records, employers need to understand exactly what OSHA considers an “employee exposure record.”
The standard at 1910.1020 defines these records to include certain sampling for toxic or hazardous substances, as well as records of hazardous chemicals used. These are rather broad categories, however.
The regulation does not explicitly require keeping Safety Data Sheets (SDSs) for 30 years. Employers must, however, retain records of the identity (chemical name) of the substance or agent, where it was used, and when it was used for at least 30 years. Saving the SDSs can help fulfill that obligation.
Sampling results
Testing for a hazardous substance in Subpart Z would create an exposure record. Those regulations cover asbestos, lead, chromium, formaldehyde, and many other substances. In addition, the tables in 1910.1000 list hundreds of substances from carbon dioxide to vegetable oil mist. Testing for harmful substances that are not listed could also create an employee exposure record.
In addition, measuring noise, vibration, temperature extremes, or particulate matter will usually create an exposure record that must be retained for 30 years. However, measurements of conditions in a normal range (such as office temperature readings) are not exposure records under the OSHA standard.
Not every sample or measurement will create an exposure record. OSHA clarified that exposure records describe the identity of, and possibly the level of exposure to, a toxic substance or harmful physical agent. For example, if an indoor air quality evaluation sampled the HVAC system, the results might identify non-toxic bacteria typical in office or work environments. That result would not be an employee exposure record.
Known hazards
If employers test for a substance with known human health effects, OSHA considers the results to be an employee exposure record even if the levels are below a listed action level or permissible exposure limit (PEL). The term “employee exposure record” is not limited to records showing that exposure exceeds a particular level, but rather on the mere fact that occupational exposure exists. For example, testing for carbon dioxide levels would create an exposure record even if the results were well within safe parameters.
Of course, if exposures are below the action level, the employer can usually stop monitoring, unless a process or work practice changes in a way that could increase exposure. However, if exposures are above the action level but below the PEL, employers may need to conduct periodic monitoring, all of which become exposure records.
On the other hand, the standard does not cover situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.
Finally, OSHA notes that employee questionnaires are not exposure records because they don’t characterize exposures. For example, employers might survey the workforce about things like comfort, temperature, or similar conditions without actually measuring conditions.
However, if questionnaires address medical information, they can be “employee medical records” under 1910.1020. For instance, the questionnaire under the respiratory protection standard is a medical record, but not an exposure record. OSHA also requires maintaining certain medical records. For more information, see our article, Who retains employee medical records?
Key to remember: Employers must save employee exposure records of hazardous substances even if the measured amount was within acceptable levels.
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2026-02-10T06:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
Proposal aligns hazmat regs with international standards
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued its proposed HM 215R rule, a broad update intended to align the Hazardous Materials Regulations (HMR) with the newest international standards. Published February 10, 2026, the proposal is open for public comment through April 13, 2026. It introduces extensive changes affecting classifications, proper shipping names, packaging rules, and modal requirements.
By updating U.S. regulations to reflect current global practices while declining to adopt international provisions deemed unnecessary, PHMSA intends to minimize compliance burdens, eliminate conflicting requirements, strengthen emergency response clarity, and support smooth movement of hazardous materials across borders.
Major proposed changes
Below are the most notable updates hazmat professionals should prepare for.
- Incorporations by reference
PHMSA proposes adopting updated editions of the ICAO Technical Instructions, IMDG Code, UN Model Regulations, Transport Canada TDG Regulations, and multiple ISO gas cylinder standards. - Hazardous materials table (HMT) revisions
The rule updates numerous entries, adding new proper shipping names, revising hazard classes, modifying packing groups, and removing outdated entries. - Expanded limited quantity relief for compressed gases
For highway, rail, and vessel transportation, limited quantity authorizations expand to 1000 mL (34 fl. oz.) for argon, carbon dioxide, helium, and nitrogen, reflecting incorporation from both international regulations and prior U.S. special permits. - Sodium ion batteries
Reflecting rapid commercialization of sodium‑ion technology, PHMSA proposes new HMT entries (UN3551, UN3552) with requirements modeled closely on those for lithium‑ion batteries. This includes packaging standards, special provisions, vessel‑stowage rules, and certain air‑transport limitations. - TMAH reclassification
Based on new incident and toxicity data for Tetramethylammonium hydroxide (TMAH), PHMSA proposes:- A new entry for ≥25 percent aqueous solutions (UN3560),
- Reclassification of solids and stronger concentrations to Division 6.1 (toxic) with Class 8 subsidiary risk,
- Concentration based proper shipping names, and
- New special provisions clarifying appropriate descriptions and providing transition time for hazard communication updates.
- New formulations for organic peroxides
Several new peroxide formulations are added to the Organic Peroxide Table, allowing them to move without prior approval, and new packaging options are authorized for specific formulations, which is consistent with UN changes.
- Fire suppressant dispersing devices
Growing use in industries like energy storage, server rooms, and transport sectors has prompted new rules for fire suppressant dispersing devices, including:- New entries for UN0514 (1.4S) and UN3559 (Class 9),
- New classification and packaging criteria in §173.169, and
- Requirements for testing, activation safeguards, and performance limits (e.g., surface temperature <200°C when activated in packaging).
- Lithium & sodium ion batteries
To address thermal runaway risks in lithium and sodium ion batteries, PHMSA proposes:- A 30 percent state of charge limit for certain lithium and sodium ion batteries transported by air, including those installed in vehicles,
- Extended requirements for prototypes and low production run batteries, and
- Enhanced emergency response information for UN3536, battery energy storage systems.
- Gallium in manufactured articles
New entry UN3554 provides clarity for gallium bearing articles, recognizing gallium’s role as a mercury alternative. New packaging and exceptions mirror international requirements.
- Marine pollutants list additions
To align with IMDG Code updates, PHMSA proposes adding the following substances to the list of marine pollutants:- Isopropenylbenzene,
- 2-phenylpropene, and
- Cobalt dihydroxide powder (>10 percent respirable particles).
International updates PHMSA declined to adopt
PHMSA rejected several proposed international changes, including:
- More stringent IMDG requirements for carbon/charcoal,
- New battery powered vehicle marking/labeling requirements, and
- Prohibitions on use of UN Test N.4 for carbon classification.
Submitting comments
Stakeholders may file comments by April 13, 2026, via:
- www.regulations.gov (Docket PHMSA 2023 0111)
- Fax: 202-493-2251
- Mail/hand delivery to DOT Docket Operations in Washington, DC
Key to remember: HM 215R harmonization rule aligns the HMR with international dangerous goods standards. Hazmat professionals should review the proposed rule and provide feedback before the comment window closes.
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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.