Compliance Just Got Easier: Stay ahead of regulatory changes with instant notifications on updates that matter.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Regulatory Compliance News & Updates
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
Safety & Compliance News
FEATURED NEWS
2026-10-28T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
Reality check: What employee FMLA ‘notice’ can actually look like
Under the federal Family and Medical Leave Act (FMLA), employees have to put their employers on “notice” of the need for leave. But that notice can come in many (not-so-obvious) forms.
If, for example, while at work, an employee received a call saying that his father was in a car accident and was in the hospital, and the employee told his supervisor he was leaving, the supervisor should recognize that as notice of the need for leave.
To show how wonky employee notice can be, consider some court cases:
- In one court case, an employee’s sleeping on the job was seen as enough notice.
- In another court case, an employee’s crying on the job was seen as enough notice.
- In yet another case, an employee’s odd behavior on the job was enough notice.
No special words
When employees need leave for the first time for a particular reason, they don’t need to assert their FMLA rights, use any particular words or phrases, or even mention the FMLA.
That’s why anyone acting on behalf of the employer, including supervisors and managers, who receive such notice-related information from employees must be able to recognize a real or potential notice of the need for FMLA leave.
Think like a detective
In a way, managers and supervisors need to put their “detective” hats on when it comes to responding to employees’ potential leave scenarios. They must think beyond face value when communicating with employees and look for any clues that an FMLA case might be in the works.
Day-to-day examples of how an employee might give notice of the need for FMLA leave include the following:
- Providing a doctor’s note when taking time off.
- Requesting future time off for their own condition.
- Asking for time off to care for a family member.
- Being injured on the job resulting in time off.
- Calling out when the employee is unable to work or notifying the employer because of a medical condition (e.g., accidents).
- Learning that an employee (or family member) is hospitalized.
- Sharing that the employee has a medical condition.
- Sharing that the employee or the employee’s spouse is pregnant.
- Saying that the employee needs time off because of a family member’s military obligations.
No need to apply
Employees don’t need to “apply” for FMLA leave to trigger the employer’s FMLA obligations. Simply providing notice is enough.
Employers shouldn’t delay responding to leave notices, as they have 5 business days to get an employee an eligibility/rights & responsibilities notice.
Employers may have employees complete some form of leave application after the initial notice, but shouldn’t wait until the employees complete it before responding to the leave notice.
Key to remember: Employees can provide notice of the need for FMLA leave in many ways, and employers and anyone acting on their behalf need to be able to recognize such notices.
Keep reading...Show less
2026-10-28T05:00:00Z
NewsIndustry NewsEnglishFocus AreaIn-Depth ArticleFleet OperationsFleet TaxesInternational Fuel Tax Agreement (IFTA)TransportationUSA
New year, new decals: Submit your 2027 IFTA renewals
Don’t let your 2027 International Fuel Tax Agreement (IFTA) credentials become a year-end scramble. Submit your renewal application to your base jurisdiction before the end of 2026 to obtain your new fuel tax license and decals.
Processing and delivery times vary by jurisdiction. Some carriers receive decals in a matter of days, while others wait as long as a month. Applying early gives you time to address delays before they affect operations.
Also, don’t mistake the 2-month display grace period for an extension of the filing deadline. The grace period covers only the display of renewed credentials; the renewal application must still be filed on time.
Understand your options during the display grace period
Carriers renewing their IFTA license and decals have a 2-month grace period (January and February) to display the renewal IFTA license and decals.
To operate in IFTA jurisdictions during the first 2 months of 2027, carriers must display one of the following:
- A valid 2027 IFTA license and two IFTA decals issued by an IFTA member jurisdiction,
- A valid 2026 IFTA license and two IFTA decals from an IFTA member jurisdiction (if a renewal application has been filed for 2027), or
- A valid trip permit from the IFTA jurisdiction in which they're operating.
Renew early, display early
Carriers renewing credentials may operate with the IFTA decals and license 2 months prior to the effective date shown on the credentials. For example, the renewed license and decals effective January 1, 2027, can be displayed beginning November 1, 2026.
Note that those carriers must still file a fourth quarter fuel tax return for 2026.
Renew your IFTA credentials or consider trip permits?
If your trucks no longer operate outside of your base state, or do so less frequently, using fuel trip permits might be an option to consider. Advantages of these permits include that they:
- Are valid for a defined period of time or for a single trip,
- Can be obtained through wire services, and
- Avoid extensive recordkeeping and the possibility of audits of IFTA records.
On the other hand:
- The permits must be obtained from each state on your route of travel.
- Fees are determined by each state and wire services charge an additional fee.
- Some states limit the number of permits you can use each year.
Ultimately, you’ll need to weigh the cost of purchasing temporary permits against the resources needed to keep up with the recordkeeping requirements of permanent credentials. For carriers that operate in other jurisdictions more than five times per year, full participation under IFTA (the license and decals) is often the best option.
Key to remember: For stress-free operation into the new calendar year, file your IFTA renewal application with your base jurisdiction well before December 31.
Keep reading...Show less
2026-10-28T05:00:00Z
NewsIndustry NewsSexual HarassmentSexual HarassmentTraining & DevelopmentHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
Chicago requires bystander training. Should you?
If you’re an employer whose company is in Chicago or New York City, you’re required to provide bystander intervention training in addition to sexual harassment prevention training. In other locations, bystander training isn’t legally required, but it’s still considered a best practice.
One reason bystander training makes sense for all workplaces is that it can help show that an employer took reasonable steps to prevent harassment, which might be relevant in a legal defense, should an incident ever become a court case.
What is bystander training?
Bystander intervention training is being used in organizations to prevent violence and sexual harassment. As the name implies, bystander intervention training encourages people who witness potentially harassing situations to step in to diffuse them.
Bystander training is effective because without it, employees who see inappropriate workplace behavior may want to help but hesitate because they don’t know what to say or do. This type of training gives employees practical options for responding to a situation without expecting them to confront someone or put themselves at risk.
The goal isn’t to turn employees into investigators or ask them to decide whether conduct violates the law. It’s to help them recognize concerning behavior, support coworkers, and know when and how to raise concerns. Employers can reinforce that message by explaining how reports are handled and assure employees that they won’t face retaliation for speaking up.
What to include in bystander training
Give employees realistic examples so they can practice choosing how to respond. Training should cover:
- Recognizing concerning conduct. Use scenarios involving inappropriate jokes, repeated put-downs, bullying, or other behavior that conflicts with workplace policies.
- Choosing a safe response. Options could include briefly speaking up, interrupting or redirecting a conversation, or seeking help from a supervisor or HR. Emphasize that direct confrontation isn’t always appropriate.
- Supporting the person affected. Show employees how to check in privately and offer support without pressuring the person to share details. Explain what the available reporting options are and where to go for help.
- Reporting concerns. Identify reporting channels, explain what information is helpful, and distinguish employees’ options from supervisors’ responsibilities under company policy.
- Avoiding retaliation. Explain the company’s prohibition against retaliation and how employees can report concerns about it without fear of losing their job.
Keep examples relevant to your workplace, including remote meetings, group chats, customer interactions, and situations involving someone in a position of authority.
End ‘normalizing’
One goal of bystander training is to put an end to “normalizing” bad workplace behaviors. Normalizing occurs when a person dismisses or overlooks misconduct for so long that it begins to feel acceptable or expected. Typically, this occurs because an employee or supervisor believes the behavior is unavoidable or easier to ignore than to address.
There’s no environment where people should continue to dismiss acts of harassment because “that’s just the way it is here.” Sexual harassment is pervasive in some workplaces, but that doesn’t mean it’s acceptable or something to tolerate.
Key to remember: Bystander training should give employees safe options, clear reporting channels, and opportunities to practice ways to respond. Reinforce the training with consistent follow-through, so employees know they’ll be supported if they speak up.
Keep reading...Show less
2026-10-28T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Court reminds employers that FMLA leave amount is an estimate
Kris, an employee, suffered from sickle cell anemia, which required unforeseeable, intermittent leave under the federal Family and Medical Leave Act (FMLA). His symptoms varied in severity from day to day, but the certification indicated that Kris would need FMLA leave for his flare-ups twice per month.
Kris also had lots of unexcused absences. Because of this, the employer put Kris on a last-chance agreement (LCA), which stated that he would be fired if he had three more instances of unprotected leave.
Kris took time off while on the LCA, and the employer believed that six of those absences were unprotected. However, Kris said that four of them were for his FMLA-related condition.
About 6 months into the LCA period, the employer fired Kris for the absences that violated the LCA.
Kris sued, claiming that the employer violated his FMLA rights by firing him for time off that qualified for FMLA protections.
Part of the employer’s argument was that the certification indicated he’d need 2 days of leave per month, and Kris took 4 days in one month. But Kris had taken more than 2 days in a month in the past without repercussion.
The court disagreed with the employer’s argument about the certification. It held that an estimated number of days of intermittent FMLA leave on a medical certification doesn’t, and can’t, operate as an exact limit of eligible days of leave an employee can take for intermittent, unforeseeable leave.
Kris’s condition involved random and unpredictable flare-ups. Given the unpredictable nature of his symptoms, the listed number of days in the certification was merely an approximation or estimate, not a hard cap on leave.
Recertification, not denial
If Kris took significantly more leave than the certification indicated, the employer could have asked for a recertification supporting the additional leave. Jumping to denying the leave, which resulted in termination, violated the FMLA.
A certification could possibly create a cap on the number of days of FMLA leave if the intermittent leave was foreseeable.
Jackson v. United States Postal Service, et al., Sixth Circuit Court of Appeals, No. 24-1860, August 21, 2026.
Key to remember: FMLA certifications for unforeseeable, intermittent leave provide only an estimate of how much leave employees need, not an absolute cap.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
Keep reading...Show less
NewsEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxics Release Inventory ReportingVideoMonthly Roundup VideoCAA ComplianceInjury and Illness RecordkeepingEnglishOSHA Violations and PenaltiesAir ProgramsIndustry NewsSafety & HealthGeneral Industry Safety300-A Annual SummaryEnvironmentalFocus AreaAir ProgramsUSA
EHS Monthly Round Up - January 2023
In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.
If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.
As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.
Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.
OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.
The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.
New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.
In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.
Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.
EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.
There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.
And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.
EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.
Thanks for tuning in to the monthly news roundup!
Keep reading...Show less
NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthGeneral Industry SafetyMonthly Roundup VideoFocus AreaUSAHazard CommunicationHazard CommunicationEnglishOSHA Violations and PenaltiesVideo
EHS Monthly Round Up - October 2023
In this monthly video, we'll review the most impactful environmental, health, and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!
OSHA’s hazard communication final rule is under review at the Office of Management and Budget. This process typically takes 90 to 120 days, which means we’ll likely see the final rule in early 2024.
A performance audit found that OSHA did not adequately address the high number of injuries and illnesses at warehouses before and during the COVID-19 pandemic. Despite the high rate of injury and illness, OSHA only conducted a small number of inspections.
An OSHA investigation found a fulfillment center was exposing employees to ergonomic hazards which could lead to musculoskeletal disorders. The company also failed to provide adequate medical care for workers who had sustained head injuries, some of which were traumatic.
Workplace overdose deaths have increased 536 percent since 2011. A National Safety Council survey found that 75 percent of employers reported opioid use has impacted their workplace, but only 17 percent said they felt prepared to deal with the problem.
And finally, turning to environmental news, EPA finalized its PFAS reporting and recordkeeping rule. It expands the definition to include 41 additional PFAS of concern, among other changes.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
Keep reading...Show less
Got a Compliance Question?
We’ve Got You Covered!
Get clear, reliable answers from experts with 500+ years of combined experience.
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.