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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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FEATURED NEWS
2026-04-22T05:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleUSAEnglishTransportationDrug and Alcohol Clearinghouse - Motor Carrier
Setting the Clearinghouse record straight for DUIs in CMVs
It’s not the news any employer wants to hear. One of your drivers was charged with driving under the influence (DUI) while operating a vehicle requiring a commercial driver’s license (CDL). What’s next? Can the driver fight it? What if they get it tossed out in court?
Motor carrier responsibilities
Under DOT drug and alcohol testing rules, “actual knowledge” occurs when an employer learns of drug or alcohol use based on specific scenarios, including a traffic citation for DUI in a CDL commercial motor vehicle (CMV). A traffic citation includes a ticket, complaint, or other document charging a driver.
An employer’s actual knowledge of a Part 382 violation is treated the same as any other drug or alcohol violation (e.g., failed test, refusal to test). The motor carrier must:
- Pull the driver from all safety-sensitive functions (SSFs),
- Provide the driver with a list of substance abuse professionals, and
- Report the actual knowledge to the Drug and Alcohol Clearinghouse.
The driver’s Clearinghouse status is changed to Prohibited at this point.
Even if the driver wants to fight the charges in court, the driver can’t resume SSFs. Instead, the driver must complete the return-to-duty (RTD) process, get the citation dismissed, or be adjudicated not guilty.
Drivers who are convicted of DUI in a CDL CMV must comply with the RTD requirements and follow-up testing.
DUIs that result in ‘non-convictions’
Suppose your driver wins in court. The Federal Motor Carrier Safety Administration (FMCSA) won’t enforce the RTD process for the DUI when the citation results in a non-conviction.
The term “non-conviction” means that the charge of DUI in a CMV is dismissed without the imposition of fines, court costs, or other punitive actions, or there is an unvacated adjudicated finding of not guilty. Terms that states may use to indicate a dismissal include:
- Nolle Prosequi (Nolle Pros’d or Nolle Prossed),
- Withdrawn, or
- Discontinued.
The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving).
Petitioning FMCSA
Does FMCSA automatically update the driver’s record following a non-conviction? No, the court system doesn’t notify FMCSA of the case’s final disposition. The driver must notify FMCSA of the non-conviction by submitting a petition along with documentation. Documentation may include:
- A certificate of disposition from the court,
- A letter from a prosecutor stating that the charge has been dropped, or
- A screenshot from a court online docket system that displays the disposition.
A statement from the driver, even if provided in the form of an affidavit, will not be considered unless accompanied by documentary evidence.
The driver may resume safety-sensitive functions when FMCSA accepts the evidence and changes the Clearinghouse status from Prohibited to Not Prohibited.
The driver whose charges resulted in a non-conviction is no longer required to pursue the RTD program and follow-up testing.
Key to remember: An employer who learns of a DUI in a CDL CMV must report it as actual knowledge, even if the driver plans on challenging it in court. The driver can’t return to SSFs unless there is proof of a non-conviction or successful completion of the RTD process.
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RECENT INDUSTRY HIGHLIGHTS
2026-04-22T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHR ManagementEnglishLeaveUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaHuman Resources
Child bereavement leave law reintroduced at the federal level
On April 6, Congressman Brad Schneider (IL), along with Congressmen Brian Fitzpatrick (PA), Don Beyer (VA), and Sean Casten (IL), reintroduced the Sarah Grace-Farley-Kluger-Barklage Act (HR 8207), a bill to ensure that parents who’ve lost a child are entitled to 12 weeks of bereavement leave under the federal Family and Medical Leave Act (FMLA). The measure has been introduced many times before, however, and has yet to gain any traction toward becoming law.
Currently, the FMLA provides eligible employees up to 12 weeks of unpaid leave for certain life events, such as birth or adoption, a serious health condition, or to care for an immediate family member. During this leave, an employer may not terminate an employee who qualifies for such leave.
If passed into law, the Sarah Grace-Farley-Kluger-Barklage Act would amend the FMLA to add “death of a son or daughter” to the list of eligible life events for unpaid leave and allow parents the time to grieve without the fear of losing their jobs.
The bill is named in memory of Sarah Grace Weippert, Noah and Katie Farley, Erica Kluger, and Blake Barklage, whose parents have worked tirelessly to ensure other grieving parents who’ve lost a child are afforded the time to heal in the face of unimaginable loss.
Details of the Act’s leave requirements include:
- Employees would need to take the leave within 12 months of the death.
- Employers wouldn’t need to allow employees to take the leave intermittently or on a reduced schedule, but they may agree to do so.
- When the need for leave is foreseeable, employees would need to give notice to the employer as it is reasonable and practicable.
- Employers could require that the leave be supported by a certification, as prescribed by the U.S. Department of Labor regulations.
Although this bill is at the federal level, many states are beginning to enact bereavement leave laws. Illinois, for example, passed the Child Extended Bereavement Leave Act — which took effect on January 1, 2024 — and gives eligible employees 6–12 weeks of bereavement leave depending on the size of the employer.
Employers in states with bereavement laws on the books should be aware of their obligations.
Key to remember: The FMLA could expand to include time off for employees who are mourning the death of a child if this bill gets enacted.
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2026-04-22T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyWalking Working SurfacesIn-Depth ArticleLaddersEnglishFocus AreaUSA
Ladders, familiar work, serious risks
Ladder-related standards consistently rank among OSHA’s top 10 most cited violations. Every year, serious injuries continue to occur, not because ladders are unsafe, but because they’re used in ways people don’t recognize them as risky.
Preventing ladder incidents starts with recognizing when everyday tasks introduce risk and making deliberate choices to use, position, and reassess ladders before unsafe habits take hold.
Ladders feel safe, until they’re not
Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:
- standing on the top step “just for a second;”
- reaching too far instead of climbing down;
- using whatever ladder is closest, not the right one; and
- skipping ladder inspections because “it worked last time.”
Ladder safety isn’t going away, and that’s not a bad thing
If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.
Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.
Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.
Routine work, repeat injuries
Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.
Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:
- people underestimate the risk because ladders feel familiar;
- jobs feel “too small” to stop and reset the ladder;
- time pressure encourages leaning, rushing, and overreaching; and
- experience leads to comfort, and comfort leads to shortcuts.
The rules are written in injuries
OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:
OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.
OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.
Small choices make a big difference
Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:
- inspecting and securing the ladder,
- climbing down and repositioning,
- selecting the proper ladder for the task, and
- stopping when the ladder no longer feels stable or safe.
Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.
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2026-04-22T05:00:00Z
NewsIndustry NewsEmployee RelationsEmployee RelationsHR GeneralistIn-Depth ArticleUSAAssociate RelationsEnglishEmployee RetentionHR ManagementFocus AreaHuman ResourcesEmployee Recognition Programs
Treat your workplace culture gently and it will reward you
Workplace culture encompasses how employees interact with each other, engage with their teams and jobs, and how they feel about their coworkers, managers, and the organization. Because it has so many parts, workplace culture could be viewed as a large and sensitive creature.
Why sensitive? Because workplace culture is easily damaged, and hard to repair once broken. Despite the well-intended mission statements and values that an organization publishes on jobsites and in handbooks, it’s the day-to-day behaviors that can hurt or even kill company culture.
According to 2026 Gallup data, only 2 in 10 U.S. employees feel connected to their organization’s culture. While any number of factors could have caused the remaining eight employees to disconnect, here are five top workplace culture “killers:”
- Unclear roles and expectations. When job duties and responsibilities aren’t made clear, it’s frustrating and confusing for workers. This can decrease productivity and engagement, as well as hurt the organization’s culture.
- Inconsistently applied policies. If employees see peers being treated differently, feelings of unfairness can breed hostility and lead to disengagement.
- Siloing. When teams or departments look out for their own interests rather than the good of the organization, the lack of collaboration can hurt innovation, create a toxic environment, and negatively affect culture.
- Not recognizing success. A workplace culture that ignores achievements can quickly become negative. Employees might even develop a “why bother” type of attitude.
- Leadership that doesn’t model company values. Hypocrisy by managers and leadership can cause workers to disengage. Seeing a disconnect between the company’s stated values and actual practices can destroy culture.
Defeat culture killers
A positive workplace culture is worth fighting for. Its rewards include greater engagement, higher productivity, lower turnover, and easier recruitment. To achieve or maintain a positive workplace culture, organizations should:
- Establish clear expectations and roles to reduce ambiguity and confusion.
- Encourage teamwork and open communication across departments to break down silos.
- Create a safe space for employees to express concerns and address issues openly.
- Develop systems for recognizing employee contributions.
- Review practices often to ensure they reflect the organization’s stated values.
By addressing culture killers, organizations can build trust and create a more positive and productive workplace environment that fosters engagement and success.
Key to remember: Workplace culture is a sensitive creature. Employers that combat “culture killers” will be rewarded with a more engaged productive workforce.
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2026-04-22T05:00:00Z
NewsIndustry NewsFood transportationFood transportationFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
From shipping dock to destination: A refresher on the food transportation rule
Food safety doesn’t stop at the loading dock—and neither does accountability. Keeping food safe for consumption requires every party in the supply chain to do their job.
The Sanitary Transportation of Human and Animal Food (STHAF) rule sets clear expectations. The rule lays out practical requirements designed to prevent contamination, temperature abuse, and unsafe food from ever reaching consumers.
The rule overview
The STHAF rule is found in 21 Code of Federal Regulations Part 1 and applies to vehicles, transportation equipment, operations, training, and records involved in food transportation.
STHAF high-level requirements include:
• Vehicles and equipment used to haul food must be suitable, sanitary, and cleanable.
• Equipment must be always kept clean and sanitary.
• Trailers, totes, tanks, pallets, hoses, and pumps must be designed and maintained to prevent contamination.
• For temperature‑controlled foods equipment must maintain required temperatures throughout transport.
• Vehicles must be maintained to prevent pest harborage (rodents, insects), and contamination from damage (e.g., exposed insulation).
Shipper responsibilities
Shippers have ultimate responsibility for the sanitary transportation of their food but may assign any duties to carriers through written agreements. This means that carriers should be prepared to follow shipper requirements for:
• Cleaning and sanitation,
• Temperature control and reporting in-transit, and
• Inspection procedures at origin and destination.
Carriers may also be delegated responsibility for ensuring:
• Vehicles meet shipper specifications,
• Required cleaning and sanitizing is done,
• Vehicles are properly precooled before loading,
• Food segregation from raw food or non-food items,
• Temperature is monitored and documented during transit, and
• Proof of prior cargo and most recent cleaning is provided for bulk vehicles, if requested.
Loader and receiver responsibilities
Loading and receiving facilities have a responsibility for maintaining temperature-sensitive food safety as well.
Loaders must:
• Inspect vehicles, trailers, and containers for sanitary conditions, and
• Verify trailers are adequately precooled.
Receiver must:
• Check for in‑transit temperature abuse,
• Verify food and vehicle temperatures, and
• Inspect for unusual odors.
Training and recordkeeping
Unless assigned to the carrier by agreement, shippers must ensure drivers are trained at-hire and on a recurring basis on the following topics:
• Awareness of food safety risks during transport,
• Sanitary transportation practices, and
• Applicable food safety regulations.
Carriers must maintain records for:
• Written agreements with shippers,
• Required procedures, and
• Driver training.
Record retention guidance:
• Keep records while effective, plus 12 months,
• Records may be electronic or paper,
• Must be available within 24 hours upon request, and
• Cleaning and inspection procedures must be available onsite.
Notification of unsafe food
If a failure (e.g., temperature deviation or contamination) renders food unsafe:
• The party responsible must notify all others involved, and
• The food cannot be sold or distributed.
Exception: A qualified individual determines the food is still safe.
Keys to remember: Shipper, receiver and carrier adherence to sanitation procedures, is key to keeping food safe for consumption. The STHAF rule makes food safety a shared responsibility—every mile of the trip.
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2026-04-22T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsIndustry NewsWage and HourWage and HourHR GeneralistFair Labor Standards Act (FLSA)OvertimeAssociate RelationsFocus AreaHuman Resources
DOL published proposed joint employer rule
On April 22, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced a proposed rule to address joint employer status under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This is an area of the law where components of legislative, executive, and judicial branches — at both the federal and state levels — have presented widely varying tests and standards.
Current rules
Currently, the WHD’s existing regulations under the FMLA and MSPA have different joint employer standards that vary in their level of detail. The proposed rule would ensure that the standard for joint employment under the FMLA and MSPA is consistent with the FLSA standard.
What the proposed rule does
The proposed rule is designed to address the lack of consistent regulatory guidance by offering a single federal standard that comes from similarities in federal court precedent (including Supreme Court rulings) and resolves significant differences among the circuit courts. The WHD hopes the proposed rule will give employees and employers a clear, consistent understanding of when multiple employers are jointly responsible for protecting the wages and other rights of employees by clearly communicating the WHD’s position and approach.
If the three laws shared the same regulatory joint employer provisions, the proposed rule could:
- Promote better business practices,
- Provide more clarity and certainty,
- Reduce litigation, and
- Enhance uniformity in the way courts and the WHD apply the three laws.
Joint employer liability
When a joint employment relationship exists, employers are jointly and separately liable for any wages, damages, and other relief owed to an employee, including paying for all hours the employee worked for all joint employers, including all overtime premiums due. Joint employers can also be liable for FMLA violations.
All interested parties are encouraged to submit comments on the proposed rule and may do so electronically at Regulations.gov until 11:59 p.m. EDT on June 22, 2026. After that date, the WHD must review the comments before publishing a final version of the rule.
Key to remember: The U.S. Department of Labor is moving forward with a revised joint employer rule for the FLSA, FMLA, and MSPA.
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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.