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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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2026-11-13T06:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthBehavior Based SafetyConstruction SafetyGeneral Industry SafetyExpert InsightsEnglishFocus AreaUSA
Expert Insights: Mental health isn’t just an HR issue; OSHA has taken interest
In recent years, OSHA has increased its focus on mental health in the workplace. While there’s no comprehensive OSHA standard related to mental health, the agency’s website includes two topic pages on workplace stress and suicide in construction that provide employer guidance, training resources, real-world solutions, and outreach materials.
Why workplace stress matters
Workplace stress and poor mental health can negatively affect workers through their job performance and productivity, as well as with their engagement with others at work. It can also impact a worker’s physical health, given that stress can be a risk factor for various cardiovascular diseases. OSHA notes that stressors and health issues often come together to create feelings of hopelessness and despair.
However, workplaces can also be a key place for resources, solutions, and activities designed to improve mental health and well-being, including suicide prevention efforts. The construction industry has one of the highest suicide rates of any occupation. While OSHA’s topic page focuses on construction, the resources can be used across industries and can help employers talk about suicide as well as recognize potential warning signs.
Reducing workplace stress can contribute to better focus and fewer workplace injuries, in addition to benefits involving higher productivity, greater morale, better overall health, fewer sick days, and lower turnover.
Common workplace stressors
Employers should also consider whether aspects of the work itself are creating avoidable stressors that can be eliminated, reduced, or adjusted. Common workplace stressors include:
- Lack of control over how work is performed
- Heavy or unrealistic workloads
- Long hours and overtime
- Understaffing
- Production pressures
- Poor communication
- Conflicting priorities or unclear expectations
- Workplace conflict
- Organizational change
- Safety concerns
- Harassment, bullying, or threatening behavior
29 CFR 1904.5 has a provision for mental illness recordkeeping. Paragraph (b)(2)(ix) says a mental illness is work-related only if the employee voluntarily gives the employer an opinion from a physician or other licensed health care professional that says the illness is work-related. However, there is a Fifth Circuit court case opinion that impacts this provision.
Make it safe to speak up
OSHA encourages organizations to create a sense of psychological safety. Workers should feel comfortable raising concerns and sharing ideas without fear of judgment or retaliation. Leaders can reinforce this by talking openly about mental health. They can also share their own experiences. OSHA emphasizes that talking about mental health isn’t a one-and-done activity; it should be brought up regularly. Mental health topics could be incorporated into toolbox talks or daily briefings.
The agency’s mental health focus has trickled down to our OSHA inspectors here in northeast Wisconsin. Each year at our local safety council’s OSHA Update meeting, our area inspector tells us, “Talk to your workers about mental health. It will help them.” After all, safety professionals are boots on the ground, making the rounds of the workplace, interacting with workers on a regular basis, and making connections.
Connections make a difference
You may be familiar with J. J. Keller’s Safety Professional of the Year (SPOTY) Award. In nearly all the applications we’ve received over the past few years, the nominees stress the importance of making connections with their workers, getting to know them, and listening to their concerns, whether it’s about the personal protective equipment they’re wearing, what ideas they have to improve safety, or just general conversations. Making those connections can help improve how workers perceive their job and help boost their mental health.
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2026-11-13T06:00:00Z
NewsIndustry NewsEnglishSafety & HealthForklifts and Powered TrucksConstruction SafetyForklifts and Powered TrucksOccupational Safety and Health Administration (OSHA), DOLPIT Training RequirementsIn-Depth ArticleClasses of PITsSpecialized EquipmentSafe Operation of PITsFocus AreaUSA
Telehandlers - A very unique kind of forklift for construction sites
Operating a powered industrial truck, commonly known as a forklift, on a construction site is very different from operating one inside a warehouse or on a loading dock with a finished surface. Most construction sites have unfinished and uneven surfaces to move materials around on. Often there are no loading docks available to drive forklifts into a tractor trailer to unload materials for the site. This is why telehandlers are commonly used on construction sites.
OSHA classifies a telehandler as a type of Class VII rough-terrain forklift. Telehandlers often feature extendable booms that can reach significant heights and can accommodate a variety of attachments that help workers perform different tasks. Some models also offer multiple steering modes, allowing the front and rear wheels to turn in different directions for enhanced maneuverability. These capabilities make telehandlers highly versatile machines for moving materials around a construction site.
Operator training is vital
Because of the unique functions and capabilities of telehandlers, employees who have experience operating warehouse forklifts would still require additional training before operating a telehandler. OSHA 1926.602(d) refers to OSHA regulation 1910.178(l)(2)(ii) to address operator training of powered industrial trucks.
Compliant training must include:
- Formal instruction,
- Practical training, and
- A performance evaluation.
Formal instruction
Formal instruction may include classroom lectures, discussions, interactive computer-based learning, videos, or written materials. Many employers use a combination of methods, such as classroom instruction supplemented by videos, written materials, and quizzes.
OSHA 1910.178(l)(3) outlines the topics that must be covered during initial operator training. One critical training point: the limitations of the telehandler. Telehandlers utilize load charts, and operators must understand how to read and apply them correctly. This is especially important because a telehandler's lifting capacity can vary based on factors such as boom extension, lift height, and whether outriggers are being used.
Practical training
From classroom to controls, the operator training moves from formal instruction to practical skills training. This is where the trainer demonstrates tasks such as conducting equipment inspections and operating the telehandler's controls. The trainer should identify the location of the load charts and present realistic scenarios that require trainees to determine whether the telehandler can safely handle specific loads. In some scenarios, the correct answer may be that the telehandler cannot safely perform the task. Trainees then practice operating the telehandler under direct supervision.
Practical training should also include utilizing hand signals and communication procedures when working with a spotter. Before advancing to the performance evaluation, both the trainer and trainee should be confident that the trainee can operate the telehandler safely and competently.
Performance evaluation
This is it! This is where the trainee shows off their ability to safely operate the telehandler in realistic job-site conditions.
The evaluation includes:
- Performing a pre-operational equipment inspection;
- Determining whether the telehandler can safely perform a lifting task using load charts;
- Picking up, transporting, and placing loads;
- Traveling in various directions with and without a load;
- Navigating uneven terrain, slopes, and inclines; and
- Communicating and coordinating effectively with a spotter.
The trainer ultimately signs off on the new operator’s certification. If the trainer is not confident in the trainee’s ability to safely operate the telehandler, then the trainer needs to refuse to sign off on the certification. Operator evaluations must be conducted at least once every three years, as required by OSHA. Operators may also require refresher training and reevaluation if workplace conditions change, unsafe operation is observed, or an incident occurs.
Key to remember: Telehandlers are valuable pieces of equipment on construction sites, but operate differently from conventional forklifts, making proper training, hands-on experience, and performance evaluation essential to prevent injuries, fatalities and property damage.
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2026-11-12T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
May employees make up FMLA leave? If so, does it count?
One of the biggest challenges facing employers that administer leave under the federal Family and Medical Leave Act (FMLA) is unforeseeable intermittent leave — when an employee suddenly needs time off.
When the time off is only an hour or so, employees might want to make up that time during the workweek.
The FMLA doesn’t specifically prohibit this. If the leave is unpaid, the employee might want to work a full week to receive a full paycheck.
Employers, however, should not mandate that employees make up the time. Doing so can dissuade employees from taking FMLA leave, which can risk a claim that the employer interfered with the employee’s FMLA rights.
Employees may, however, choose to make up the time taken as FMLA leave.
To count as FMLA leave or not
When an employee makes up time taken as FMLA leave, employers might wonder whether they can count the leave taken against the employee’s 12-week FMLA leave entitlement.
Currently, there’s no definitive word on this. Employers could argue that they fully observed the employee’s protections when they allowed the time off, so they should be able to count it as FMLA leave.
On the other hand, a good argument could be made that if the employee made up the time, and no shortfall in hours occurred, then nothing should count – and employers shouldn’t require the employee to take more FMLA leave than is necessary.
Most employers in this situation don’t treat the missed time as FMLA leave if it’s made up during the workweek.
Company policies
If employers have policies where employees are allowed to make up time missed for non-FMLA leave, they should permit them (but not require them) to make up time taken as FMLA leave and not count it against their 12-week entitlement.
If employers want to count the time as FMLA leave, they should have a policy that allows employees to make up work time to replace lost wages (as a result of unpaid FMLA leave). The policy should clearly indicate that:
- The employer will count the time missed for unpaid FMLA leave as FMLA leave, and the make-up time is to compensate for lost wages; and
- The employer doesn’t require the employee to make up the time on unpaid FMLA leave.
Employers might consider prohibiting make-up time if the FMLA leave ran concurrently with paid leave, such as sick or vacation time.
Key to remember: Employees may make up FMLA leave taken during a workweek, and employers have some considerations regarding whether to count the time off as FMLA leave or not.
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2026-11-12T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Are your policies and procedures too wordy?
It’s common practice: Driver training materials are written in everyday language to make the information understandable. So, why are so many motor carrier policies and procedures still written in legalese?
Don’t lose your readers
Regulations, when read directly, are complex. It often takes a special eye to catch what’s being said. Regurgitating the regulations to drivers sets both the carrier and driver up for miscommunication.
Driver backgrounds vary substantially. They enter the profession with different educational histories, reading abilities, and even primary languages. Anything that’s unclear might inadvertently lead to a compliance or safety issue. Clear communication starts with selecting words your readers can easily understand.
Avoid lofty language
Any safety policy or procedure needs to be written for the audience — employees who need to use the policy, such as drivers. It’s not meant for HR, attorneys, or compliance professionals. The policy or procedure should be a clear, plain-language document that:
- Uses everyday words; and
- Avoids formal, legalistic language.
Consider using alternative words to simplify a formal policy. Here are some examples:
| Formal language | Everyday words |
| Utilize | Use |
| Prior to | Before |
| In the event that | If |
| Pursuant to | Under |
| Required to | Must |
| In accordance with | Under |
In the world of compliance, there will be occasions when you can’t avoid legal or technical terms or definitions. These terms should be defined the first time they appear in the policy.
Simpler words are just the beginning. Sentence structure is also important.
Use short, concise sentences
In addition to using simpler words, sentences in a policy or procedure need to be direct and convey exactly what the employee needs to know. The writing style should:
- Focus on one main idea per sentence,
- Use short sentences for complicated requirements,
- Remove unnecessary introductory phrases and qualifiers, and
- Break long paragraphs into smaller sections.
After creating simplified text, you need to examine how your information is organized. This is especially important when explaining a process.
Make a process clear
For procedures, understanding a process from beginning to end helps the reader. Laying out a step-by-step approach is best, including:
- Chronological order,
- Numbered lists for sequential actions, and
- Bulleted lists when there’s no specific order.
Readability: More than visual appeal
A policy or procedure should be visually scannable, so drivers can quickly find relevant information.
It’s most useful when:
- Headings reflect what the driver would look for (rather than formal terms),
- Headings and subheadings are descriptive,
- Paragraphs are short,
- Bullets and numbered lists are used strategically,
- Bold print is used sparingly, and
- White space breaks up the text.
The goal is to assist employees in quickly locating the answer to a specific question when referencing the document.
Don’t lose context
An easy-to-read policy should never come at the expense of accuracy. It should always reflect applicable federal, state, and local laws. Avoid simplifying a sentence so much that it significantly changes the meaning of the policy. Policies must always communicate regulatory and company-specific requirements.
If you’re concerned that a revised policy or procedure might have lost context, consult with others at the motor carrier, such as legal, HR, safety, or operations.
Key to remember: A plain-language policy organizes complex topics to make the information easier to understand. Always aim to simplify the explanation, not the requirement.
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2026-11-12T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyMachine Guarding HazardsFocus AreaIn-Depth ArticleEnglishMachine GuardingMachine Guard Maintenance and RepairMachine GuardingUSA
When the guard comes off
In 2026, OSHA proposed $196,251 in penalties against a Georgia supermarket franchisee after an employee lost four fingers while cleaning a commercial meat grinder. OSHA cited the employer for willfully bypassing the machine’s safety guards and for not having a program to control hazardous energy. Maintenance and repair work can require guards to be removed or temporarily taken out of position. Those guards are designed to separate employees from moving parts, points of operation, and other machine hazards. The concern isn’t simply that the guard came off. It’s what happens before the machine goes back into operation.
Check more than the repaired part
When maintenance focuses on fixing a specific problem, it can be easy to only think about the repair itself. However, getting to the issue may mean removing guards, disconnecting devices, or moving equipment. A missing fastener, improperly positioned guard, defeated interlock, or overlooked component can leave employees exposed to hazards that weren’t present before the work began. Before equipment returns to use, employers must make sure maintenance work hasn’t affected:
- Fixed or adjustable guards,
- Interlocked guards and safety devices,
- Fasteners or mounting points,
- Emergency stop controls,
- Machine settings or adjustments, and
- Other components that help keep employees away from hazardous areas.
A guard that’s back in place may not be enough
Reinstalling a guard doesn’t always mean the machine is ready for use. The guard needs to provide the protection it was designed for. For example, a guard could be reinstalled but positioned incorrectly. An interlocked guard could close normally, but after servicing may not function as intended. Replacement of parts or adjustments could also affect clearances or create access to areas that were previously protected. A post-maintenance check may include:
- Confirming guards are properly installed and secured,
- Checking safety devices and interlocks for proper operation,
- Looking for loose or missing components,
- Verifying tools and maintenance materials have been removed,
- Ensuring employees are clear of hazardous areas, and
- Following established procedures for returning equipment to service.
Don't separate guarding from hazardous energy
Machine guarding and lockout/tagout work together to protect employees from hazards during maintenance and servicing. A guard keeps employees away from moving parts during normal operations, but it doesn’t control hazardous energy. If a machine starts up unexpectedly or releases stored energy during servicing, employees can be seriously injured. When lockout/tagout applies, an emergency stop is not a substitute for properly controlling hazardous energy.
Finish the repair by restoring protection
The job isn’t finished when the repair is complete. Before the machine goes back into service, make sure guards and safety devices that were removed, bypassed, or affected by the work are back in place and functioning as intended.
Maintenance employees and equipment operators need a clear handoff that covers which guards or safety devices were affected, if protection has been restored, and whether anything still needs attention. If a guard, interlock, emergency stop, or other protective device isn’t working properly, employees should know to stop and not use the equipment, report the problem so it can be corrected, and keep the machine out of service until the issue is corrected.
Key to remember: If a guard comes off for maintenance, make sure every safeguard is back in place and working before the equipment returns to operation.
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2026-11-12T06:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyCommercial learners permit CLPCommercial drivers license CDLFocus AreaFleet OperationsEnglishTransportationUSA
Iowa implements English language proficiency testing
Starting in January 2027, individuals in Iowa who are applying for, upgrading, renewing, or transferring a commercial learner’s permit (CLP) or commercial driver’s license (CDL) will be required to pass an English language proficiency (ELP) test.
The Commercial Driver English Language Proficiency Test is a computer-based test that measures an individual’s reading/hearing comprehension using 30 multiple-choice questions from four categories:
- General conversation. Features questions, audio clips, correct answers, and matching image descriptions.
- Official inquiries. Presents audio-based scenarios involving enforcement officers, dispatchers, managers, warehouse staff, and service agents, with test-takers choosing the best response.
- Traffic signs. Shows a sign image, asks its meaning or instructions, and offers four answer choices.
- Records and reports: Displays a reporting form image, a written question, and four answer options.
An individual is given a 20-minute time limit to pass the exam, and must achieve a score of at least 80 percent.
For new CDL holders (including out-of-state transfers), progression to a CLP, or any other CDL testing, is not permitted until the ELP test is successfully completed. Transfers will not be permitted until ELP testing is complete.
For renewals, line-exams, re-exams, or upgrades, successful completion of the ELP test is required before issuance.
Also, as part of this implementation, Iowa will no longer be offering the CDL knowledge test in Spanish.
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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.