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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
2026-04-17T05:00:00Z
NewsMaterials Handling and StorageSafety & HealthChange NoticesChange NoticeMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLFocus AreaEnglishMaterials Handling and StorageUSA
OSHA Final Rule: House Falls in Marine Terminals
View final rule.
| Part 1917-Marine Terminals | ||
| Authority | Revised | View text |
| §1917.41 House falls. | ||
| Entire section | Removed and reserved | View text |
Previous Text
Part 1917-Marine Terminals
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), 1-2012 (77 FR 3912), 8-2020 (85 FR 58393), or 7-2025 (90 FR 27878), as applicable; and 29 CFR part 1911.
Sections 1917.28 and 1917.31 also issued under 5 U.S.C. 553. Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 553.
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RECENT INDUSTRY HIGHLIGHTS
2026-04-17T05:00:00Z
NewsEnforcement and Audits - OSHAWalking Working SurfacesIn-Depth ArticleUSAEnglishHeat StressOSHA Emphasis ProgramsIndustry NewsHeat and Cold ExposureOSHA InspectionsSafety & HealthConstruction SafetyInfectious DiseasesCOVID-19General Industry SafetyAgriculture SafetyMaritime SafetyStairway Railings and GuidesOSHA RecordkeepingFocus AreaInjury and Illness Recordkeeping
Expert Insights: From heat to handrails ... OSHA enforcement in transition
Six back-to-back OSHA enforcement-related documents issued in recent weeks reveal a recalibration in the agency’s approach to workplace inspections. Visits from OSHA inspectors continue, but the new announcements signal greater enforcement discretion and more tightly targeted industries and hazards, with small-employer relief built into the strategy. Compounding these changes, a reduced enforcement budget request, if passed by Congress, points to fewer programmed inspections overall.
Heat
On April 10, OSHA revised its National Emphasis Program (NEP) on outdoor and indoor heat to bring the number of targeted industries down from over 80 to just 55, and to extend the program five more years.
The goal is the same: “To reduce or eliminate worker exposures to heat-related hazards that result in illnesses, injuries, and deaths, by targeting industries and worksites … where employees are exposed to heat-related hazards and have not been provided adequate protection …” However, the agency removed goals related to the number of inspections.
COVID-19
On March 31, OSHA issued an enforcement memo related to COVID-19 cases. Effective immediately and until further notice, OSHA is exercising its enforcement discretion to not cite employers for violations of 29 CFR 1904 for failure to record COVID-19 cases or to report COVID-19 fatalities and hospitalizations. This applies to all establishments covered by the recordkeeping and reporting requirements in Part 1904.
The agency explains that this new policy parallels its stance for common cold and flu cases, which are excepted from recordkeeping requirements under 1904.5(b)(2)(viii).
Injury and illness e-submissions
On March 23, OSHA issued an enforcement memo that explains that the agency will check if Form 300A data is missing from its database if it opens an inspection of a workplace. For any valid match, the compliance officer in the case must inform the employer of its e-submission obligation and follow yet another memo dated April 16, 2024.
A citation may be issued. The six-month date by which OSHA is allowed to issue a citation for non-compliance with the requirements of 1904.41 is September 2 annually. The data for calendar year 2025 was due to OSHA by March 2, 2026, but the window for citations runs through September 2, 2026.
Although OSHA collects Forms 300 and 301 data through e-submissions, at this time OSHA will not create a list of potential non-responders with respect to the Forms 300 and 301 reporting requirements.
Handrails and stair rails
The handrail and stair rail system requirements that took effect January 17, 2017, caused confusion for many employers. Back on May 20, 2021, OSHA attempted to remedy the situation by proposing changes to 1910.28(b) and 1910.29(f). However, the agency has not finalized those changes, and the latest agenda suggests the agency plans another proposal.
Now OSHA issued an enforcement memo dated February 26, 2026, that would allow employers to comply with the May 20, 2021, proposed changes until the effective date of any new final rule.
OSHA enforcement budget
On March 23, the Department of Labor posted its fiscal year (FY) 2027 budget request for OSHA. The agency is requesting a 13.5 percent decrease in federal agency enforcement funding for next fiscal year, with a drop of 104 compliance officers (or almost 9 percent). About 39 of the inspectors will migrate to federal compliance assistance.
In FY 2027, OSHA estimates that the agency will conduct 22,040 inspections, including 19,836 safety inspections and 2,204 health inspections. This is nearly a 6 percent increase from the FY 2026 estimate, but a 21 percent fall from FY 2025.
The agency anticipates 70 to 80 percent of all inspections will be “unprogrammed,” meaning they are reacting to an event, such as a fatality, an incident with three or more hospitalizations, a complaint or referral, or an imminent danger situation. The remaining 20 to 30 percent will be “programmed,” which means they are proactively targeting specific workplace hazards or high-hazard workplaces. An NEP is an example of a programmed inspection.
| Also in the budget: OSHA rulemaking activity — Apart from enforcement funding, OSHA’s latest budget request reveals the agency plans to issue 25 final and two proposed rules in FY 2026, followed by two final and three proposed rules in FY 2027. It’s worth noting that the number of final rules in FY 2026 generally mirrors the volume of proposed rules issued in 2025. The budget does not indicate the names or docket numbers of the intended rulemakings, and we are awaiting the next semi-annual agenda (the one after the Spring 2025 agenda) to shed more light on that. |
OSHA strategic plan
On April 2, the “U.S. Department of Labor Strategic Plan FY 2026-2030” was posted. It includes a strategy to “pivot toward more efficient enforcement.” Specifically, OSHA will:
- “Improve the targeting of enforcement resources on the most egregious offenders and the most dangerous workplaces and ensure that the agency is focused on the employers that show the most indifference to their OSH Act obligations.”
- “Evaluate the effectiveness of programs which use establishment-level data of previous workplace injuries and illnesses to ensure that inspections are focused on the highest-hazard industries and workplaces.”
Another strategy includes reducing the total penalties assessed for small businesses. It appears the agency implemented this strategy with changes to its Field Operations Manual last year that:
- Raised the employer size eligible for a 70 percent penalty reduction;
- Increased the penalty reduction for having a good safety history; and
- Added a quick-fix reduction for violations abated during an inspection or immediately thereafter.
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NewsIndustry NewsEnglishHR GeneralistIn-Depth ArticleUSAHR ManagementWellnessWellnessFocus AreaHuman Resources
Bring some green indoors to enhance job performance and employee well-being
Green is the color of March, as it signals the St. Patrick’s Day holiday as well as the emergence of spring. Did you know that bringing some green into your workplace can have benefits year-round?
A Harvard Business Review study found that bringing small pieces of nature into the workplace positively impacts employee performance and well-being.
The potted plant test
Researchers tested their theory by going into an office at night and placing potted plants by the desks of some employees. They placed office supplies on other employees’ desks.
The employees who were exposed to this small dose of nature displayed higher job performance, an increased desire to help, and enhanced creativity. No one was negatively impacted.
Bringing nature indoors
Live plants can’t be part of every work setting, but they’re not the only way to bring the benefits of nature indoors.
Nature-related elements can include:
- Windows with views of nature
- Indoor water features
- Murals of natural scenes
- Artificial plants or flowers
- Fish aquariums
Design features related to nature can also be more significant and included in building plans. For example, investing in landscaping designs outside office windows or having an indoor garden are ways to positively impact employees.
These options don’t have to break the bank or require a pot of gold, however. Simply allowing employees to place potted plants by their desks is an inexpensive way to enhance the workplace.
With a little luck, everyone will reap the benefits for having a little more green nearby.
Key to remember: Bringing natural touches to the workplace can have a positive impact on job performance, cooperation, and creativity.
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2026-04-16T05:00:00Z
NewsIndustry NewsCompensationPayrollCompensationHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
May employers transfer employees on intermittent leave?
When employees take intermittent leave under the federal Family and Medical Leave Act (FMLA), employers might want to move them into a different position that better suits the needs of the business. Employers must, however, tread carefully, because they may make such transfers or reassignments only in limited circumstances.
Foreseeable leave only
Employers may require employees on intermittent or reduced schedule leave only if the leave is foreseeable based on planned medical treatment for the employee, a family member, or a covered servicemember, including during a period of recovery from:
- The employee’s own serious health condition;
- A serious health condition of a spouse, parent, or child; or
- A serious injury or illness of a covered servicemember.
Employers may also require employees to transfer to an alternative position in cases of intermittent or reduced-schedule leave for bonding with a healthy child.
Unforeseeable intermittent leave might cause the majority of the headaches, but employers may not permanently transfer employees who take this type of leave.
Instead, in these situations, employers may require an employee to transfer temporarily, while the employee needs leave, to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position.
Alternative positions
In situations when employers may transfer employees to an alternative position, the position must have equivalent pay and benefits, but it doesn’t have to have equivalent duties.
Employers may increase the pay and benefits of an existing alternative position to make them equivalent to the pay and benefits of the employee's regular job.
Employers may also transfer the employee to a part-time job with the same hourly rate of pay and benefits, provided they don’t make the employee take more leave than is medically necessary.
For example, employers could transfer an employee who wants to take leave in increments of 4 hours per day to a half-time job. They could also keep the employee in their original job on a part-time schedule, paying the same hourly rate as the employee's previous job and enjoying the same benefits.
Employers may not eliminate benefits that they otherwise wouldn’t give to part-time employees. They may, however, proportionately reduce benefits, such as vacation leave, where their normal practice is to base such benefits on the number of hours worked.
Employers may not transfer an employee to an alternative position to discourage them from taking FMLA leave or impose a hardship on the employee. They may not, for example:
- Transfer a white-collar employee to perform laborer's work,
- Reassign an employee working the day shift to the graveyard shift, or
- Reassign an employee working in the headquarters facility to a branch at a significant distance away from the employee's normal job location.
Job reinstatement
When employers may transfer employees to an alternative position, and those employees no longer need FMLA leave, employers must put them in the same or equivalent job as before.
Key to remember: Employers may transfer employees who take intermittent leave to an alternative position, but only if the leave is foreseeable.
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2026-04-16T05:00:00Z
NewsIndustry NewsIndustry NewsEnglishFocus AreaFleet OperationsEnforcement - DOTRoadside InspectionsTransportationUSA
FMCSA updates the DataQs data-correction system
The Federal Motor Carrier Safety Administration (FMCSA) has announced updates to its DataQs program to improve turnaround times for drivers and motor carriers awaiting corrections to their safety records.
States will need to meet strict deadlines and follow a three-step independent review process when handling requests to fix data on crashes, inspections, and violations.
DataQs background
DataQs is an online system that allows motor carriers, drivers, and other industry personnel to view and track FMCSA crash and inspection data. Interested parties use the system — available at dataqs.fmcsa.dot.gov — to submit a “Request for Data Review” (RDR) when they believe data may be incomplete or incorrect. In 2024, DataQs processed more than 71,000 requests, including at least 8,300 related to crash data. The FMCSA says the revisions announced April 15, 2026, will establish a more streamlined framework for handling RDRs, specifically for states receiving Motor Carrier Safety Assistance Program (MCSAP) funding from FMCSA. The states will need to:
- Designate points of contact for crash and inspection RDRs.
- Review requests submitted within three years of an inspection and within five years of a crash.
- Include detailed explanations of their decisions, including evidence reviewed and next steps in the review process, for all decisions, especially those where no data correction is made.
- Participate in FMCSA program reviews and follow established policies, including those related to adjudicated citations.
Three-stage review
States will also need to implement a multi-stage, independent review structure that includes:
- Initial review within 21 days to ensure decisions are not made solely by the issuing officer when denying a correction;
- Reconsideration within 21 days. conducted by independent subject matter experts not involved in the initial decision; and
- Final review completed within 45 days by a senior decision-maker or independent panel, helping to remove bias from the determination.
The FMCSA is requiring states to submit DataQs Implementation Plans detailing how they will meet the new requirements, address backlogs, and prevent future delays. The approved plans will be publicly available through the DataQs system.
States will need to begin submitting draft plans in June 2026 and implement them before the end of September.
Find more information at https://roar-assets-auto.rbl.ms/documents/108770/2026-07429.pdf
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2026-04-16T05:00:00Z
NewsIndustry NewsPhysical exam - Motor CarrierFleet SafetyFocus AreaIn-Depth ArticleUSAEnglishTransportationPhysical exam - Motor Carrier
Why CDL drivers should troubleshoot DOT medical certification issues early
The Federal Motor Carrier Safety Administration (FMCSA) has issued an exemption, effective until October 11, 2026, allowing commercial driver’s license (CDL) drivers to carry a paper copy of their Department of Transportation (DOT) medical examiner’s certificate for up to 60 days following their exam. This flexibility, however, shouldn’t be treated as a solution to underlying reporting issues. Instead, drivers and motor carriers must proactively confirm that medical certification information is properly reflected on the driver’s state motor vehicle record (MVR).
Background information
Continued delays and challenges associated with the National Registry II (NRII) medical certification process led to the exemption. Under this system, a medical examiner submits a driver’s exam results directly to the National Registry, which then transmits the information to the driver’s state driver licensing agency. Once posted, the CDL driver’s MVR becomes the official (and required) medical certification record.
Although many system problems have been resolved, delays can still occur, and some certification information may not appear on state records in a timely manner. These issues are outside of a driver’s control, which is why the FMCSA issued temporary relief. However, relying on the full 60-day window increases the risk of last-minute compliance issues.
Don’t wait to verify certification
In most cases, a driver’s medical information should appear on the state MVR within several days of the exam. Motor carriers should continue running MVRs promptly rather than delaying confirmation simply because the exemption allows it. If the information doesn’t appear within 5 days of the exam date, troubleshooting should begin.
3 steps to resolve common reporting issues
If a CDL driver’s medical certification is missing from their MVR, carriers should follow these three steps:
- Contact the DOT medical examiner’s office.
- Confirm that the exam results were submitted to the National Registry.
- Ask if the examiner received an email from the National Registry regarding error validation for the exam. Errors often occur when driver information doesn’t match the CDL and the National Registry is unable to match the driver to a state.
- Ask the examiner to correct and resubmit the information if needed.
- Contact the state driver licensing agency.
- Request to speak with someone in the CDL department/help desk. They’re more familiar with NRII-related issues.
- Explain that the exam was successfully submitted to the National Registry. At this point, it should be up to the state to assist with locating the driver’s medical information.
- Ask if someone from the CDL department can physically check the National Registry while the driver is on the phone. Then, ask if they can attempt to “pull” the driver’s information.
- Escalate to the FMCSA, if needed.
- Contact the FMCSA’s National Registry Technical Support Helpdesk. They can assist with determining where the breakdown occurred. However, most issues should be able to be resolved by following the process in the first two steps.
Additional troubleshooting tips
- Confirm with the MVR provider that the correct MVR type is being ordered. Not all MVRs are the same. Some versions might not show medical information.
- Verify the driver’s self-certification status with the state. The FMCSA only requires medical certification reporting for drivers who are self-certified as Non-Excepted Interstate. Some states may not report medical information for drivers self-certified as Non-Excepted Intrastate.
- Check to see if the state offers online tools that allow drivers to verify their medical status directly. These tools can help confirm compliance before running additional MVRs.
Key to remember: The FMCSA 60-day exemption provides temporary flexibility, but it shouldn’t replace proactive compliance efforts. When medical certification doesn’t appear on a driver’s MVR within several days, there’s usually an underlying issue that needs the driver’s attention.
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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.