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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-12-23T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
More FAQ for your FMLA wish list
Continuing the theme of frequently asked questions (FAQ) about the federal Family and Medical Leave Act (FMLA) — because there were so many in our recent webcast — here are some more, complete with answers. This time, the focus is on certifications, recertifications, and if leave runs concurrently with workers' compensation (comp) and short-term disability.
Q: What if an employee doesn’t return a requested certification within 15 days?
A: Much will depend on why the employee didn’t return the certification. If extenuating circumstances justified the delay, employers must be flexible, based on the facts of each situation. If no circumstances justify the delay, employers may deny the FMLA protections after the 15-day window is closed and until the employee provides the requested certification.
Q: What if an employee never returns the certification?
A: If the employee never returns the requested certification, the leave is not FMLA leave, and employers may apply their company policies.
Q: How often may employers ask for a recertification for ongoing conditions?
A: For recertifying an ongoing condition during a leave year, here are the rules:
- You may request recertification no more than every 30 days and only in connection with an absence.
- If the certification indicates that the minimum duration of the condition is more than 30 days, you must wait until that minimum duration expires before requesting a recertification.
- In all cases, you may request a recertification every six months in connection with an absence.
You don’t have to wait the 30 days, minimum duration, or six months in limited situations:
- The employee requests an extension of leave;
- Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications).
- You receive information that casts doubt about the employee's stated reason for the absence or the continuing validity of the certification.
When a new 12-month leave year begins, after the employee puts you on notice of the need for leave in that new 12-month leave year period, the employer would treat it as a new leave request, including asking for a new/initial certification.
Q: Is there a separate recertification form from the certification form?
A: No. Employers use the same form for certification and recertification.
Q: Can an employee be on workers’ comp and FMLA at the same time?
A: Yes. If the employee’s occupational injury or illness meets the FMLA’s definition of a serious health condition, the two can run concurrently. In that situation, the employee would be entitled to both workers' comp benefits (e.g., income replacement) and FMLA leave (which protects the employee’s job, but is unpaid). The FMLA also mandates the continuation of group health care plan coverage.
Q: Does an employee on FMLA also qualify for short-term disability (STD)?
A: Possibly. Whether an employee qualifies for STD depends on the specifics of the STD plan, particularly the employee eligibility provisions.
Key to remember: While employers may (but aren’t required to) ask employees for certifications and recertifications, they must be aware of the rules behind them. They must also know that FMLA leave can run concurrently with leave under other provisions.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-23T06:00:00Z
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
2025 FMCSA year in review
As expected under the new Trump administration — and despite having an extensive wish-list — the Federal Motor Carrier Safety Administration (FMCSA) took few significant rulemaking actions in 2025.
Nevertheless, the year brought a crackdown on noncompliance, at least one significant compliance deadline, several policy changes, and numerous rulemaking proposals that are still in the works.
Here’s a recap of the biggest news of the year related to motor carrier safety regulations. Note that many changes had merely been proposed and were not yet finalized as of late December.
- Jan. 8: The FMCSA announced plans to launch a study of the effectiveness of warning devices for stopped vehicles, particularly in light of advances in automated driving systems.
- Jan. 16: The FMCSA granted a five-year exemption allowing an alternative path for individuals to become qualified to perform brake and annual vehicle inspections, if they have completed a training course using a curriculum consistent with one developed by the American Trucking Associations' Technology and Maintenance Council.
- March 31: New medical certification forms went into effect, with an “expiration” date of 3/31/2028 in the upper corner. Medical examiners were allowed to use up their existing stock of older forms.
- April 3: As part of the Trump administration’s push to roll back regulations, the DOT asked for public input on regulations that may be ripe for removal.
- May 9: Driver files could become a little lighter at the three-year anniversary of the removal (on May 9, 2022) of a requirement that drivers provide an annual list of their traffic violations. Since the lists only needed to be kept for three years, there’s no longer a need for any files to include them.
- May 20: A new enforcement policy directed that all roadside inspections include a two-part English proficiency test and that drivers be placed out of service starting June 25 if they fail the test.
- May 30: In response to a presidential directive to cut regulations, the FMCSA published a whopping 18 proposals taking aim at a broad range of requirements, albeit with minimal impact. As of late December, none of the proposals had been finalized.
- June 23: About a dozen states failed to meet the June 23 deadline to process medical certification information electronically, leading the FMCSA to issue a waiver that extended into January 2026, allowing drivers and motor carriers to rely on paper medical cards for up to 60 days.
- June 25: The May 20 enforcement policy on English proficiency went into effect, directing that drivers be placed out of service if they cannot meet the English proficiency standard. Thousands of drivers were impacted by year’s end.
- June 27: The FMCSA announced plans to launch two new pilot programs to study potential changes to the hours-of-service rules, including changes to the split-sleeper option and allowing drivers to pause the 14-hour limit with a short break.
- June 27: A nationwide audit of states issuing non-domiciled commercial licenses was launched. By year’s end, California, Colorado, New York, and Pennsylvania were highlighted as being out of compliance.
- July 1: The FMCSA announced that it was working on a DataQs appeals process and sought public input through the end of August. By year's end, no changes had been finalized.
- July 24: The FMCSA officially withdrew an effort to require speed limiters on heavy trucks, citing policy, safety, and data concerns.
- July 27: The Compliance, Safety, Accountability (CSA) program was updated with 38 new violations and changes to the way English proficiency violations are recorded.
- Sept. 2: The DOT proposed several changes to its drug testing rules in Part 40, including the addition of fentanyl to the testing panel. The changes have not yet been finalized.
- Sept. 29: A new rule placed restrictions on who is eligible to obtain a non-domiciled commercial driver’s license (but see Nov. 13).
- Sept. 30: As of October, the FMCSA announced that it is no longer accepting checks or cash payments for any fines or fees.
- Nov. 13: A federal appeals court placed an indefinite “stay” on the Sept. 29 licensing rule. In response, the FMCSA said it would revisit the rule in 2026. On Dec. 3, the court required the FMCSA to provide it with updates every 90 days beginning March 3, 2026.
- Nov. 17: The FMCSA renewed an exemption that allows the installation of auxiliary pulsating brake lamps on dry-van trailers and box trucks.
- Dec. 1: The FMCSA announced the launch of Motus, its new unified registration system. All customers will be granted access to the system in early 2026.
- Dec. 1: The FMCSA launched a new vetting process for electronic logging device (ELD) applications in an effort to keep noncompliant devices off the Registered ELD list.
- Dec. 1: The FMCSA announced the removal of nearly 3,000 entry-level driver training providers from its Training Provider Registry. Another 4,500 were notified of potential noncompliance.
- Dec. 8: Another three ELDs were added to the “revoked” list, bringing the year’s total to 28 revoked devices, the most in any one year since ELDs were first required.
Key to remember: Though light on regulation changes, 2025 nevertheless brought several impactful actions from the FMCSA and U.S. DOT.
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2025-12-23T06:00:00Z
NewsIndustry NewsFleet SafetyTransportationFocus AreaIn-Depth ArticleFleet OperationsEnglishDriver recruiting and retentionDriver recruiting and retentionUSA
Pet-friendly trucking: Done right, a plus for recruiting and retaining drivers
For many long-haul truckers, life on the road can feel isolating. Allowing drivers to bring a pet along can improve retention and recruitment. Pets transform the on-road experience, offering companionship and emotional support. However, along with the benefits, there are safety considerations before allowing pets in a commercial motor vehicle (CMV).
Benefits
Companionship - Interacting with animals while on the road can lower stress and anxiety, helping drivers maintain a positive mindset during demanding schedules.
Physical activity and routine - Dogs, in particular, encourage regular breaks for walks and exercise. This benefits the pet and promotes driver health. Breaks from driving can reduce the risk of blood clots, especially deep vein thrombosis.
Job satisfaction - Having a familiar companion can make the cab feel more like home, improving morale and retention in an industry where turnover is high.
Safety considerations
Restraint systems – Pets should not roam freely in the cab while the truck is in motion. Unrestrained animals can become dangerous distractions or even projectiles during sudden stops. Use crash-tested harnesses, carriers, or crates secured to the cab.
Temperature control – CMVs often idle during breaks, but relying solely on this for climate control can be risky. Extreme heat or cold can quickly become life-threatening for pets. Never leave pets unattended for long periods.
Space and comfort – Even the largest trucks have limited living space. Ensure your pet has enough room to move and access food and water. Overcrowding can lead to stress and health issues for the animal.
Health and hygiene – Long trips require planning for pet food, water, and waste disposal. Require drivers to keep the cab clean and encourage them to schedule veterinary checkups, as well as carry vaccination records in case of emergencies or inspections.
Safety compliance – Confirm customer location animal policies. Also, many states have regulations regarding:
- Distracted driving laws that could apply to unrestrained pets interfering with safe driving, and
- Restraint requirements to have the pet in a safety harness or seat belt attachment, secured crate, or behind a vehicle barrier.
Keys to remember: Allowing drivers to bring a pet on the road can make trucking life more enjoyable and a carrier more attractive to potential recruits. A pet policy should consider cab cleanliness, safety restraints, and compliance with laws and customer site policies, so the driver and pet stay safe and comfortable.
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2025-12-23T06:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistIn-Depth ArticleLabor Law PostersHR ManagementEnglishLabor Law PostersUSAFocus AreaHuman Resources
Be ready to welcome 2026 with state labor law poster updates
When the new year arrives, so do updated state labor law posters. To comply with posting regulations, display these revised postings on January 1:
- Arizona: Minimum Wage
- California: Minimum Wage
- Colorado: Minimum Wage
- Connecticut: Minimum Wage
- Maine: Minimum Wage
- Massachusetts: Paid Family and Medical Leave
- Minnesota: Minimum Wage, Paid Leave
- Missouri: Minimum Wage
- Montana: Minimum Wage
- New Jersey: Minimum Wage
- New York: Minimum Wage
- Ohio: Minimum Wage
- Pennsylvania: Veteran Benefits and Services
- Rhode Island: Minimum Wage
- South Dakota: Minimum Wage
- Vermont: Minimum Wage
- Virginia: Minimum Wage
- Washington: Minimum Wage, Paid Family Leave
In addition, the District of Columbia also has a New Year’s Day update. Employers there must post the latest version of the Paid Family Leave posting.
Employers in Montana, South Dakota, Virginia, and Washington should note that a minimum wage poster isn’t required under the law. However, the states make a posting available, and it’s a good idea to inform employees of the rate currently in effect.
Other changes on the way
Mandatory posting changes take place throughout the year. Here are a few more to watch for in early 2026:
- Alaska: Safety and Health Protection on the Job (effective February 1)
- Colorado: FAMLI (expected to be released in January)
- Nevada: Safety and Health Protection on the Job (effective January 15)
- New Jersey: Captive Audience Meetings (effective December 2; not yet available)
- Oregon: Paid Leave (effective January 1; may be updated in January or with the state’s mid-year posting revisions)
Key to remember: Minimum wage updates and other regulatory changes require employers to display updated state labor law posters in January.
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2025-12-23T06:00:00Z
NewsEnforcement and Audits - OSHAFall ProtectionMachine GuardingFall Protection for ConstructionIn-Depth ArticleEnglishMachine GuardingOSHA Violations and PenaltiesIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyMaritime SafetyFocus AreaUSA
Avoid $50K in ‘serious’ OSHA fines: Learn where others slipped up in FY 2025
OSHA just posted its most frequently cited serious violations for general industry, maritime, and construction for fiscal year (FY) 2025. The agency highlights the violations in three slide presentations with 44 bar charts. You might call them a gold mine of data!
Five of the charts offer either the top 10 or top 5 lists for 29 CFR 1910, 1915, 1917, 1918, and 1926. The remaining charts examine the top 5 lists for each subpart of 29 CFR 1910 and 1926. Explore all 44 bar charts in the three presentations found here.
If death or serious physical harm can result from a work hazard and the employer knew or should have known the hazard exists, OSHA calls it a “serious” violation, as explained in section 666 of Title 29 of the U.S. Code.
OSHA can stick an employer with a $16,550 penalty for EACH serious violation. The thing is, on average, inspectors spot about three violations per visit. That could multiply to almost $50,000 after one visit! Knowing where your peers went wrong may help YOU prioritize your compliance efforts.
Note that the maximum penalty amount is specified at 29 CFR 1903.15. That maximum is expected to be adjusted each January! Why? OSHA is required by law to hike civil penalties annually for inflation.
Major takeaways
Of all the industries, violations of 29 CFR 1926.501(b)(13) were hit most in fiscal year 2025, with 5,276 citations. That provision requires fall protection for residential construction. OSHA cited construction 14,322 times for the 10 most frequently cited serious violations for that industry. This is up 1 percent from FY 2024. It appears OSHA inspectors are keenly focused on construction enforcement.
In contrast, the agency cited general industry “just” 5,537 times in its top 10 for FY 2025. This was a decrease of 6.6 percent from the previous year. Shipyards, marine terminals, and longshoring received 31, 13, and 9 citations, respectively, in each of their top 5 lists for FY 2025. This reflected a 29 percent increase for shipyards, 50 percent free fall for marine terminals, and 44 percent slide for longshoring.
When comparing the data between FY 2025 and 2024, the top serious violation paragraphs stayed relatively unchanged for general industry and construction. Nine entries each reappeared in the general industry and construction dominant 10 lists. Maritime did not maintain their number ones year over year, however.
The subparagraph for lockout/tagout periodic inspections made its debut on the 10 most cited for general industry in FY 2025. The subparagraph for scaffolding fall protection above 10 feet was the new ranking on the construction top 10 list. The subparagraphs for types of machine guarding methods and residential fall protection remained the number one serious violations for general industry and construction, respectively.
Industry highlights
For general industry, the serious regulatory paragraphs with the highest number of citations included:
| General industry | ||||||
| FY 2024 | FY 2025 | |||||
| Rank | 29 CFR 1910 | Description | Violations | 29 CFR 1910 | Description | Violations |
| 1 | .212(a)(1) | Machine guarding — Types of guarding methods | 1,099 | .212(a)(1) | Machine guarding — Types of guarding methods | 1,049 |
| 2 | .1200(e)(1) | HazCom — Written program | 988 | .1200(e)(1) | HazCom — Written program | 977 |
| 3 | .1200(h)(1) | HazCom — Info & training | 820 | .1200(h)(1) | HazCom — Info & training | 769 |
| 4 | .134(e)(1) | Respirators — Medical evaluations | 557 | .147(c)(4)(i) | Lockout/tagout — Develop procedures | 532 |
| 5 | .147(c)(4)(i) | Lockout/tagout — Develop procedures | 540 | .134(e)(1) | Respirators — Medical evaluations | 481 |
| 6 | .178(l)(1)(i) | Powered industrial trucks — Competency training | 441 | .178(l)(1)(i) | Powered industrial trucks — Competency training | 388 |
| 7 | .151(c) | Eye & body flushing facilities | 385 | .1200(g)(8) | HazCom — Readily accessible SDSs | 377 |
| 8 | .212(a)(3)(ii) | Machine guarding — Point of operation | 375 | .147(c)(6)(i) | Lockout/tagout — Periodic inspection | 330 |
| 9 | .134(c)(1) | Respirators — Written program | 374 | .134(c)(1) | Respirators — Written program | 323 |
| 10 | .1200(g)(8) | HazCom — Readily accessible SDSs | 350 | .151(c) | Eye & body flushing facilities | 311 |
| Total | 5,929 | 5,537 | ||||
For maritime, you won’t find large numbers of violations, so the number one violation in each of the three maritime industries included the following:
| Maritime | ||||||
| FY 2024 | FY 2025 | |||||
| Industry | 29 CFR | Description | Violations | 29 CFR | Description | Violations |
| Shipyards | 1915.73(d) | Guarding of deck opening/edges | 8 | 1915.152(b) | Assess work area | 7 |
| Marine terminals | 1917.26(f) | USCG-approved life ring available | 6 | 1917.43(c)(5) | Powered industrial trucks maintained in safe working order | 4 |
| Longshoring | 1918.22(e) | Fall protection for gangways over water | 6 | 1918.35 | Open weather deck hatches | 2 |
| Total | 20 | 13 | ||||
For construction, OSHA tallies the following top 10 serious paragraphs as follows:
| Construction | ||||||
| FY 2024 | FY 2025 | |||||
| Rank | 29 CFR 1926 | Description | Violations | 29 CFR 1926 | Description | Violations |
| 1 | .501(b)(13) | Fall protection — Residential construction | 5,110 | .501(b)(13) | Fall protection — Residential construction | 5,276 |
| 2 | .1053(b)(1) | Ladders — Extend 3 ft above landing | 1,927 | .1053(b)(1) | Ladders — Extend 3 ft above landing | 1,967 |
| 3 | .102(a)(1) | Eye & face protection — Use appropriate protection | 1,917 | .102(a)(1) | Eye & face protection — Use appropriate protection | 1,955 |
| 4 | .503(a)(1) | Fall protection — Training | 1,466 | .503(a)(1) | Fall protection — Training | 1,386 |
| 5 | .100(a) | Head protection — Use of protection | 804 | .100(a) | Head protection — Use of protection | 885 |
| 6 | .501(b)(1) | Fall protection — Unprotected sides/edges | 750 | .20(b)(2) | General safety & health — Inspection by competent person | 673 |
| 7 | .20(b)(2) | General safety & health — Inspection by competent person | 734 | .501(b)(1) | Fall protection — Unprotected sides/edges | 669 |
| 8 | .503(b)(1) | Fall protection — Written certification record of training | 555 | .503(b)(1) | Fall protection — Written certification record of training | 555 |
| 9 | .453(b)(2)(v) | Aerial lifts — Fall protection while in basket | 517 | .453(b)(2)(v) | Aerial lifts — Fall protection while in basket | 511 |
| 10 | .21(b)(2) | General safety and health – Unsafe hazards recognition/avoidance | 396 | .451(g)(1) | Scaffolding — Fall protection above 10 ft | 445 |
| Total | 14,176 | 14,322 | ||||
Key to remember
OSHA posted its Most Frequently Cited Serious Violations slide presentations for FY 2025. Knowing where your peers went wrong may help you prioritize your compliance efforts.
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2025-12-22T06:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthMiningSpecialized IndustriesMine Safety and Health Administration (MSHA), DOLEnglishMine SafetyFocus AreaUSA
MSHA to reconsider portions of respirable crystalline silica rule
On November 26, the Mine Safety and Health Administration (MSHA) provided a status update indicating its intent to reconsider certain portions of its respirable crystalline silica rule due to ongoing litigation. No further details were provided. The rule, which took effect in June 2024, introduced significant changes aimed at protecting miners from the health risks associated with silica dust exposure.
The rule:
- Lowers the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air over an 8-hour time-weighted average (TWA),
- Increases silica sampling and enforcement at metal and nonmetal mines,
- Includes medical surveillance programs to provide regular health exams at no cost to miners, and
- Revises the standard for respiratory protection to reflect the latest advances in respiratory protection and practices.
While there have been several enforcement delays, the April 8, 2026, compliance date for metal and nonmetal mines remains unchanged.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.