Regulatory Compliance News & Updates
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Safety & Compliance News
FEATURED NEWS
2026-03-26T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Amid all the state leave laws, don’t forget about the FMLA
When a state enacts a new employee leave law, it generally makes headlines. Currently, the U.S. has at least 40 states with leave laws (paid or unpaid) that have been complicating leave administration for employers.
The tide of state laws continues to roll, with about five states poised to enact leave-related laws. All this state hoopla can appear to hide the federal Family and Medical Leave Act (FMLA) in the shadows.
Just because employers have to deal with state leave laws, however, doesn’t mean they can ignore their obligations under the FMLA.
Employers might think that, as long as they comply with their requirements under the various state leave laws, they don’t have to comply with the FMLA. Employers might think the state law is more important or even redundant with the FMLA. But employers must comply with each law as it applies.
Concurrency
Many of the state laws allow the time off to run concurrently with FMLA leave, when:
- The employer is covered by both,
- The employee meets the eligibility criteria for both, and
- The reason qualifies for both.
When the leave runs concurrently, employers have to comply with both laws. A state law could have specific employer requirements, and employers have to meet them. That could involve giving employees certain information. The Colorado Family and Medical Leave Insurance (FAMLI), for example, requires employers to not only post the program notice in a prominent location, but it also requires employers to give employees written notice of the program upon hiring and when learning of an employee experiencing an event that triggers the employee’s eligibility.
Under the FMLA, when employees put the employer on notice of the need for leave, employers must give the employee an eligibility/rights & responsibilities notice within five business days. Once employers have enough information to determine if the absence qualifies for FMLA protections (such as from a certification), employers have five business days to give the employee a designation notice.
Employers can't overlook those FMLA steps, even if they seem redundant with state requirements.
Risks
If employers fail to designate an absence as FMLA leave, they may retroactively designate it only if doing so doesn’t cause harm or injury to the employee. If so, employers can’t retroactively designate it, which could result in the employee having more than the 12 weeks of FMLA leave.
Employers that don’t comply with the FMLA’s notice requirements can risk fines and penalties, even if the employers gave the employee the 12 workweeks of leave and the employee suffered no actual harm.
Therefore, overlooking the FMLA would not only risk violations but would also add another layer of unnecessary complexity.
Key to remember: Employers need to remember to comply with the federal FMLA’s requirements in addition to a state’s requirements.
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RECENT INDUSTRY HIGHLIGHTS
2026-03-26T05:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishFocus AreaUSA
Mixed bag of new OSHA pubs: Electrical safety, grain handling, silica, and agency inquiries
OSHA issued five new publications, ranging from electrical safety to best practices when responding to OSHA calls. The publications don’t create new regulations or obligations. Instead, they provide guidance and information that may help you comply.
Electrical safety and control measures
Electrical hazards affect more than just electricians. In fact, 74 percent of workplace electrical fatalities occur in non-electrical occupations, including tree trimming, HVAC, roofing, and painting. Many employees may not be trained to perform electrical work. That means they may not recognize electrical hazards.
An OSHA toolbox talk (OSHA 4496) outlines how to prevent injury when using electrical equipment. Specifically, it suggests that you employ the hierarchy of controls: elimination/substitution, engineering controls, administrative controls, personal protective equipment, and work practices.
Extension cords: 5 things to know
OSHA’s requirements for flexible cords and cables, at 29 CFR 1910.305(g), were cited nearly 1,300 times last fiscal year, according to OSHA enforcement data. A new publication (OSHA 4495) explains the top five things you and your employees should know about using extension cords safely.
Grain safety poster
Suffocation and falls are the two leading causes of death at grain handling facilities. Other hazards include fire, explosions, electrocution, and injuries from improperly guarded machinery. Exposures to grain dust and associated airborne contaminants can also occur. Such contaminants might include molds, chemical fumigants, and gases from decaying and/or fermenting sileage.
Each year, OSHA partners with several organizations to sponsor Stand Up 4 Grain Safety Week. The event takes place March 30 to April 3 this year. A printable poster (OSHA 3967) highlights the event and lists seven steps to grain safety.
Silica hazards in countertop work
OSHA and NIOSH have identified exposure to silica as a serious health hazard to workers. These workers might be involved in manufacturing, finishing, and installing natural and engineered stone countertop products. However, the respirable crystalline silica hazard can be mitigated in most countertop operations with dust control methods. These are spelled out in OSHA’s silica standards for general industry (29 CFR 1910.1053) and construction (29 CFR 1926.1153).
An OSHA/NIOSH Hazard Alert (OSHA 3768) explains silica hazards in the stone countertop industry, why it’s a concern, how to protect workers and control exposure, and more.
Responding to OSHA inquiries on complaints and referrals
A call from OSHA asking about alleged hazards reported in a complaint or referral can be stressful. Knowing what’s involved can help you prepare. The agency says it will work with you to address the matter through a timely and adequate response. According to OSHA, if the issues are resolved through this process, an onsite inspection is generally not conducted.
A fact sheet (OSHA 4498) for small employers outlines the inquiry process from initial contact to resolution, tells you what happens at each step, and provides best practices for a safe and successful outcome.
Key to remember: Several new OSHA publications provide guidance and information on a variety of topics, from electrical safety to the OSHA inquiry process.
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2026-03-26T05:00:00Z
NewsMedical review officer (MRO) - Motor CarrierDrug and Alcohol Testing - DOTDrug testing - Motor CarrierTransportationIn-Depth ArticleEnglishDrug and Alcohol Clearinghouse - Motor CarrierIndustry NewsFleet SafetyFocus AreaSubstance abuse professional (SAP) - Motor CarrierAlcohol testing - Motor CarrierReturn-to-duty drug and alcohol testing - Motor CarrierFollow-up alcohol and drug testing - Motor CarrierUSA
Don’t get side-swiped by Clearinghouse blind spots
The risk of using an impaired commercial driver is real if you’re not keeping on top of DOT testing requirements, including the Drug and Alcohol Clearinghouse (DACH).
Many common employer errors associated with the DACH are more about safety than recordkeeping in nature, including the following examples.
No DACH account
The annual list of DOT audit violations consistently shows failure to register with the DACH as a top 10 citation.
Some violations result from misunderstanding who needs an account. Motor carriers subject to 49 CFR Part 382 must register. It’s not optional. Without this account, motor carriers are unable to access the portal to request and report data.
Failing to request queries
Each year, the DOT cites carriers that fail to request pre-employment and/or annual DACH queries. The two citations regularly appear in the top 10 audit violations.
Queries are vital to learn whether a driver is prohibited from operating your commercial motor vehicle (CMV) due to an unresolved DOT drug and/or alcohol violation. These same queries also provide details on completed return-to-duty and follow-up programs.
Without this information, you can’t be sure who is operating your CMV.
Not reporting data
The DACH is only as accurate as the data provided. If responsible parties fail to report specific information, a driver’s record isn’t accurate when an employer or enforcement official looks it up.
The medical review officer (MRO) reports on failed drug tests and certain refusal-to-test scenarios.
Employers (or C/TPAs) report items that the MRO doesn’t, including:
- Alcohol tests .04 BAC or greater;
- Refusals to take a required drug or alcohol test where the company makes the determination;
- Negative return-to-duty tests; and
- Completed follow-up testing programs.
Substance abuse professionals (SAPs) record completed evaluations and treatment on the driver’s record.
If the information isn’t provided or is provided late, unqualified drivers may be behind the wheel. Or those who have been rehabilitated may appear unqualified.
Not understanding query results
It’s important to notice all the details in the DACH driver report. When a limited query result shows a driver has a DOT testing violation, the carrier must request a full query. A limited query only shows whether the driver has a record of a previous violation. The full query shows details.
There are key data elements to check on a full query result. When examining a full query, the first step is to check the driver’s status: prohibited or not prohibited.
If prohibited, do you see:
- An SAP initial evaluation?
- A second SAP evaluation indicating eligibility for a return-to-duty test?
These details let you know whether the SAP program was started.
If not prohibited, the query results show:
- The SAP evaluation entries,
- An employer’s entry of a negative return-to-duty test, and
- The follow-up testing program status.
If the follow-up testing shows:
- Completed, a former employer entered this milestone. No additional actions are required of current or future employers regarding this violation.
- Incomplete, the driver is still subject to remaining follow-up tests.
If this is a new hire with a not prohibited status and an incomplete follow-up testing program, the new employer must contact the former employer(s) for details on the follow-up testing.
If the driver is prohibited, their CDL has been or is about to be downgraded. This must be reinstated prior to operating CMVs again
Misunderstanding non-CDL CMV implications
A CDL or CLP holder who is in a prohibited status will have the DACH flagged on their driving record. Even though the state only downgrades the commercial class license, there’s another ramification.
The regulations (382.501(c)) prevent the driver from operating any CMV, including a CMV as defined in 390.5. This general definition includes both CDL and non-CDL CMV types. As a result, the driver is unable to operate a non-CDL CMV in interstate commerce until the DACH status changes to not prohibited or the driver voluntarily surrenders their CDL.
Key to remember: The DACH may seem more administrative than safety-related to some. But failure to follow through with the required recordkeeping could result in an impaired driver operating your vehicle.
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2026-03-26T05:00:00Z
NewsTiresCMV Parts and MaintenanceTransportationParts and Accessories - Motor CarrierEnglishVehicle maintenanceIndustry NewsIndustry NewsFleet SafetyFleet OperationsFuel ManagementFuel managementIdlingFocus AreaUSA
Make the most of your mileage
Although it’s true that you can’t control ever-changing fuel prices, you can adjust how you drive to get the most out of every gallon.
The cost of fuel is one of a carrier’s biggest operational expenses. A vehicle that travels for 100,000 miles (or more) per year and averages less than 7–8 miles per gallon uses a lot of fuel in a year. Do the math!
Fuel cost and fuel mileage
To understand the possible costs and savings in this area, consider the following:
- A truck that gets 6.25 miles per gallon (mpg) will burn 16,000 gallons of fuel over 100,000 miles.
- A truck that gets 6.75 mpg will burn 14,815 gallons of fuel over 100,000 miles.
- This is a difference of 1,185 gallons for every 100,000 miles.
- With the current cost of around $5.37 per gallon for diesel fuel (per the Energy Information Administration), that means an operating cost difference of about $6,363.
- For 10 trucks, that means a fleet-wide cost reduction of $63,630 for every 100,000 miles the fleet rolls.
Remember, this is assuming a 0.5 mpg improvement. Increasing fuel mileage by 1 mpg would double the cost reduction.
Improving fuel mileage
So how can fuel mileage be improved? Some activities are easy, and others require a serious commitment by both the company and drivers. Here are common methods used to increase fuel mileage:
- Smooth and steady: Tell your drivers to make an effort to keep their driving smooth and steady, as rapid acceleration and braking wastes fuel. The faster the acceleration, the more fuel is burned. Also, every time the vehicle accelerates, slows, and then reaccelerates, more fuel is burned. According to U.S. Department of Energy data, this type of driving can lower mileage by about one-third at highway speeds.
- Speed: Drivers should work to maintain an even speed by using the vehicle’s cruise control when operating in good weather conditions, on open highways, and flat terrain. In most cases, maintaining an even speed will save fuel. Plus, keep in mind that traveling at fast speeds uses more fuel. According to the U.S. Department of Energy, while each vehicle reaches its optimal fuel economy at different speeds or ranges of speeds, mileage usually drops at speeds over 50 miles per hour.
- Progressive shifting: Advise drivers to keep an eye on the revolutions per minute (RPMs). Progressive shifting is the practice of keeping the shifting RPMs low in low gear and increasing the shifting RPMs as you work through the gears. Changing gears at lower RPMs requires less fuel. The higher the RPMs, the more fuel burned.
- Watch your weight: Remove unnecessary items that may add weight to the vehicle, as additional weight can reduce fuel economy.
- Stops: Remind drivers to shorten stops when possible. It’s more fuel efficient to start a warm engine than a cold engine.
- Idling: An idling truck engine uses about one gallon of fuel per hour. The Environmental Protection Agency (EPA) estimates that, on average, a long-haul truck idles for 1,800–2,400 hours per year. Using an estimate of $4.00 per gallon for diesel fuel, this adds up to between $7,200 and $9,600 per year per truck. Some helpful ways to reduce idling include:
- Shutting off the engine when no one is in the vehicle,
- Eliminating idling time when waiting, and
- Keeping engine cool-down time at the end of the day to a minimum.
- Vehicle maintenance: Routine maintenance can contribute to an overall fuel conservation program. Oil, fuel, and air filters should be changed according to the vehicle manufacturer’s specifications, as dirty filters can decrease fuel economy. Fluid levels should also be checked regularly, since low fluid levels can lead to additional draw on the engine due to additional friction in the components that help reduce fuel mileage.
- Equipment: Buy equipment with fuel mileage in mind. When spec’ing equipment, consider:
- Power to weight when selecting an engine,
- The ideal engine operating RPMs when selecting a transmission and rear axle(s),
- Tractor and trailer aerodynamics,
- Low-rolling resistance tires, and
- Other options that can directly affect fuel mileage.
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2026-03-26T05:00:00Z
NewsIndustry NewsFleet SafetyTransportationFocus AreaIn-Depth ArticleFleet OperationsEnglishDriver recruiting and retentionDriver recruiting and retentionUSA
Driver hiring and retention in an uncertain economy - The 2026 playbook for motor carriers
As 2026 unfolds, it may not be a growth year but could be a positioning year. The carriers that maintain recruiting momentum, invest in retention, and resist short term safety compromises will be the ones best able to respond to a spike in rates and customer demand.
Recruiting approach
Economic uncertainty has only increased as this year has progressed. However, Carriers are expected to keep recruiting channels active, but largely to replace driver attrition rather than fuel meaningful growth. Incremental hiring may occur where equipment is available, but only modestly.
Equipment plays a vital role in shaping recruiting needs. A potential uptick in used truck pricing could lead some fleets to sell excess or higher mileage units rather than attempt to seat them. Aging equipment brings higher maintenance costs and is often less attractive to drivers, making divestment a rational alternative to expansion in a soft market.
Despite margin pressure and measured hiring plans, one strategy remains unchanged: abandoning recruiting altogether is rarely a smart move. Allowing recruiting channels to go dormant makes it significantly harder to regain visibility and trust among drivers when conditions improve. This risk is amplified if freight volumes rebound quickly. Maintaining a consistent presence—at least enough to capture driver interest and inquiries—helps preserve long term competitiveness.
Technology’s role in retention and efficiency
Given current conditions, many carriers are prioritizing selective recruitment and driver retention over growing their fleet. Focusing on safe, productive drivers rather than expanding headcount is a prudent approach until economic strength proves sustainable.
Technology continues to play a key role here. Camera systems, paired with effective coaching programs, are valuable tools for proactively addressing unsafe behaviors, preventing crashes, and keeping experienced drivers productive and engaged.
As is typical during slower cycles, carriers also have an opportunity to improve overall driver quality. Retaining drivers who are unwilling or unable to meet safety expectations ultimately raises risk and costs. Where feasible, carriers are better served replacing those drivers with individuals who have stronger safety records and align with long term standards.
Increased use of AI in back office functions—such as routing, fuel optimization, and maintenance planning—may create efficiency gains or reduce overhead. However, investment in roles that directly support drivers remains essential. At its core, driver retention is still about relationships, trust, and consistent communication.
If the economy accelerates
If the economy strengthens rapidly, driver recruiting will become intensely competitive. The impact of non domiciled commercial driver's license (CDL) revocations will be felt as carriers attempt to scale to meet surging demand. In that environment, driver pay would likely climb sharply—potentially echoing the increases seen during the COVID freight surge—unless carriers choose to lower hiring standards.
Relaxing safety standards, however, is not a sustainable solution and introduces long term risk. Carriers that hold firm on safety will face tighter labor markets but be better positioned over time.
Private fleets are likely to emerge as relative winners in a tight market. Many will feel pressure to expand to protect their supply chains rather than rely on brokered capacity. With pay premiums, superior schedules, and robust benefits already in place, private fleets are especially attractive to experienced and aging drivers planning their final years before retirement.
Key to remember: 2026 promises to be a dynamic year. To stay ready for a rebound, keep recruiting and performance management programs focused on driver quality and safety, not quantity.
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2026-03-25T05:00:00Z
NewsIndustry NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetySafety and Health Programs and TrainingEnglishFocus AreaUSA
OSHA launches compliance initiative
OSHA has launched the “OSHA Cares” initiative to help businesses comply with federal workplace safety requirements while also building stronger, more successful safety and health (S&H) programs for both employers and workers.
The agency-wide effort will provide employers with guidance and support aimed at ensuring that all employees return home safely following each shift. The OSHA Cares webpage offers practical, real-time insights and resources to help employers — especially small and medium-sized businesses facing unique challenges — improve S&H. Highlights include:
- Worksite assistance,
- OSHA’s Safety Champions Program,
- Small-business resources,
- Cooperative programs,
- Safe + Sound (recommended practices for S&H programs),
- Worker rights,
- Training resources, and
- Employer resources.
For more information, visit osha.gov.
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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.