SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-11-18T06:00:00Z
NewsIn-Depth ArticleUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsWage and HourWage and HourHours WorkedHR GeneralistFair Labor Standards Act (FLSA)Non-Exempt employees OvertimeFocus AreaHuman Resources
Two entities, one employer, and overtime
Suppose an employer owns a business that includes two entities: a restaurant and a members-only club. They’re both in the same building, but on different floors. The two share management, operations, and other resources. They both offer substantially the same food and beverages, and operate under similar trade names.
The restaurant has a host who’s paid $28 per hour. The employer offers the host some shifts at the club at the same rate of pay.
Sometimes, the host is clocked in at the restaurant while assigned to work in the club. The host usually works five dinner shifts per week at the restaurant, for 40 hours per week. One week, the employer asks the host to also work four lunch shifts at the club. As a nonexempt (hourly) employee, if these hours are combined, it would push the host into overtime.
The employer, however, thinks the two entities are separate and distinct because they have separate business structures. As such, the employer believes it doesn’t have to pay the host overtime when working 40 hours or more for both entities during the same week.
Is the employer correct?
What the DOL says
In a recent opinion letter, the U.S. Department of Labor (DOL) addressed this situation, saying that separately incorporated entities might be considered a single employer with respect to employees, for purposes of compliance with the federal Fair Labor Standards Act (FLSA). The FLSA requires employers to pay hourly (nonexempt) employees overtime for any work performed beyond 40 hours in a workweek.
When an employee works for one employer for a set of hours and another employer for a separate set of hours in the same workweek, that scenario might cause a “horizontal” joint employment relationship. Horizontal joint employment typically occurs when businesses are sufficiently connected through employees.
If horizontal joint employment exists, employers must add all an employee's hours worked for both joint employers to determine whether the employee is entitled to overtime.
Therefore, the employer in the situation was incorrect; the host is entitled to overtime pay for the time worked for the club. This is true even if the restaurant and club are separate legal entities. Such formalities don’t override the FLSA’s application.
How the DOL got its answer
The DOL looked at the physical proximity of the two entities and what they shared. That the host could be clocked in at the restaurant and then told to work in the club also showed a connection for FLSA purposes. The host was also paid the same rate at each facility, and the shifts at the two entities didn’t conflict, suggesting schedule coordination.
Key to remember: Employers with multiple entities must be aware of whether the entities function as one employer for the FLSA’s overtime requirements.
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RECENT INDUSTRY HIGHLIGHTS
2025-11-18T06:00:00Z
NewsIndustry NewsEnglishEnvironmental Management SystemsEnvironmentalIn-Depth ArticleUSAEnvironmental Management SystemsFocus AreaEnvironmental Management Systems
Navigating the complexities of multi-jurisdictional environmental compliance
Companies operating across multiple states, or internationally, face a growing challenge: staying compliant with a patchwork of environmental regulations. As federal agencies scale back certain environmental rules, states are stepping in to fill the gaps. But these state-level regulations aren’t always aligned. One state may impose strict air quality standards, while another may prioritize water discharge limits. This fragmented landscape creates a complex web of requirements that businesses must navigate to avoid fines, delays, or reputational harm.
The compliance puzzle: Federal, state, and global layers
In the U.S., environmental laws are enforced at both federal and state levels. While EPA sets national standards, states often go further. For example:
- California requires Scope 3 greenhouse gas emissions reporting for large companies starting in 2027.
- New York and Vermont have enacted climate superfund laws that hold fossil fuel companies financially liable for climate-related damages.
- Louisiana successfully challenged the EPA’s use of environmental justice criteria in permitting decisions, resulting in a federal court ruling that blocks Title VI enforcement in the state.
Internationally, U.S. companies face additional hurdles. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) requires companies to identify and mitigate environmental risks across their global supply chains. This means a U.S. firm with operations or suppliers in Europe must meet stricter standards, even if those standards differ from U.S. law.
Environmental Management Systems (EMS): A strategic solution
To manage this complexity, many companies adopt Environmental Management Systems such as ISO 14001. An EMS provides a structured framework to:
- Identify applicable regulations across jurisdictions,
- Set environmental goals and track performance,
- Conduct internal audits and drive continual improvement, and
- Ensure consistent documentation and training.
EMS tools help companies centralize oversight, reduce compliance gaps, and respond quickly to regulatory changes. For example, a company using EMS software can assign location-specific tasks, monitor progress, and generate reports tailored to each jurisdiction’s requirements.
Practical strategies for multi-jurisdictional success
- Centralize compliance oversight: Use a unified system to track permits, deadlines, and reporting across all sites.
- Leverage EMS tools: Automate alerts, audits, and documentation to stay ahead of changes.
- Train staff by location: Tailor training to reflect the specific rules and risks of each jurisdiction.
- Conduct routine audits: Internal reviews help catch issues before regulators do.
Key to Remember: Multi-jurisdictional compliance isn’t just about knowing the rules—it’s about building systems that adapt to them. An Environmental Management System, paired with proactive planning and location-specific training, helps companies stay compliant, reduce risk, and operate confidently across borders.
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2025-11-17T06:00:00Z
NewsSafety and Health Programs and TrainingConfined SpacesDiseases and illnessesPermit-Required Confined SpacesSafety and Health Programs and TrainingIn-Depth ArticleEnglishIndustry NewsInfectious DiseasesSafety & HealthConstruction SafetyInfectious DiseasesGeneral Industry SafetyFocus AreaUSA
Check out latest OSHA pubs on tank cleaning, cannabis industry, temp workers, and more
OSHA issued several new fact sheets and publications, ranging from the hazards of tank cleaning to allergies in the cannabis industry, monkeypox, and temporary workers in construction. These publications don’t create new regulations or obligations but rather provide guidance and information on specific topics and how they relate to existing OSHA laws and regulations.
Enclosed tank cleaning
Two maintenance workers died after vapors from leftover gasoline in a tank car displaced oxygen, resulting in a hazardous atmosphere. One worker was overcome and the second died while trying to rescue the first. An investigation revealed the employer didn’t test the air inside the tank before letting workers enter.
A FatalFacts bulletin (Issue No. 21-2025) explains that employers performing permit-confined space operations in enclosed tanks must develop and implement a written program for safe entry operations, following the requirements at 29 CFR 1910.146. The bulletin describes how to prevent these incidents and provides a list of related standards and resources.
Occupational allergies/asthma in cannabis industry
Another FatalFacts bulletin (Issue No. 20-2025) focuses on the first known occupational asthma fatality in the cannabis cultivation and production industry. OSHA notes that employees in this industry are at increased risk of work-related allergies due to the magnitude of cannabis dust as well as limited awareness of this hazard.
A recent study showed that over 70 percent of current cannabis workers reported allergic and/or respiratory symptoms! These included irritation of the eyes, nose, and/or throat; coughing; shortness of breath; and skin conditions such as a rash or hives.
The bulletin describes lung hazards and work-related allergies in the cannabis cultivation and production industry, offers prevention strategies, and provides a list of applicable OSHA standards and resources.
Mpox/Monkeypox virus
Although the risk for mpox in most work settings is extremely low, workers whose duties may involve close personal contact with an mpox-infected person or animal are at greater risk. These include healthcare workers, workers in congregate settings such as group homes or hotels, and animal care workers.
Mpox is classified as a high-risk pathogen because it can be easily transmitted from person-to-person through close contact, which poses a danger to public health. It can spread through direct contact with an infected person or animal, including close contact with contaminated materials such as bedding, clothing, and towels.
OSHA FactSheet (FS-4191) describes mpox signs and symptoms, worker exposure risks, precautionary measures, and applicable OSHA standards.
Temporary workers in construction
OSHA’s Temporary Worker Initiative (TWI) focuses on compliance with safety and health requirements when temporary workers are jointly employed by a staffing agency and a host employer. The agency has published TWI bulletins addressing specific regulatory topics like personal protective equipment, powered industrial trucks, bloodborne pathogens, and hazard communication. The most recent bulletin, TWI Bulletin No. 15, provides guidance on construction industry employment. Industry hazards include falls from heights, heat exposure, electrocution, and struck-by and caught-in-between hazards.
The bulletin addresses responsibilities of the staffing agency and host employer, and what each can do to ensure the safety of temporary workers in the construction industry. OSHA reminds employers that temporary workers have the same protections as all other covered workers under the Occupational Safety and Health (OSH) Act.
Earlier publications
Publications issued by OSHA earlier this year and late last year touched on:
- Whistleblower protections (OSHA FS-3812 – 2025),
- Lithium-ion battery safety (OSHA FS-4480 – 2025),
- Protecting personally identifiable information (PII) (OSHA FS-4388 2025),
- Safety in semiconductor manufacturing (OSHA fact sheet 2025), and
- Workplace violence (OSHA FS-3509 2024).
See our related article Just the facts! New OSHA pubs address lithium-ion batteries, workplace violence, more.
Key to remember: Employers can look to OSHA’s newest publications for guidance on a variety of topics.
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2025-11-17T06:00:00Z
NewsIndustry NewsEnglishEmployee RelationsHR GeneralistIn-Depth ArticleUSAAssociate RelationsCommunication ToolsHR ManagementFocus AreaHuman Resources
Workers appreciate help when it comes to retirement planning
It’s likely that chefs, tree trimmers, truck drivers, florists, and other workers all have one thing in common: They need to plan for retirement and probably would appreciate some help in doing it.
When it comes to being ready for retirement, it’s not uncommon for employees to feel lost. The Consumer Benefits and Insights Research survey from Voya Financial survey shows that only 55 percent of Americans say they are very or somewhat prepared for retirement. When employees have somewhere to turn for guidance, however, they are much more likely to be prepared to retire. The survey found that:
- 81 percent of those who receive investment guidance are likely to report feeling very or somewhat prepared for retirement, compared to 47 percent of those who do not receive investment guidance.
- 91 percent of individuals who have a financial advisor are likely to say they are very or somewhat prepared for retirement as opposed to 48 percent of those without a financial advisor.
Offering support
To help workers get ready for retirement, employers can give them opportunities to learn how to prepare and options that can boost their savings:
Education: Offer information about saving for retirement in both personal and digital formats. General information on your retirement options can be shared at employee meetings, through lunch-and-learn sessions, or via articles and videos shared on your intranet. Information could be presented by a representative from your retirement benefits provider or your human resources benefits specialist. If your retirement benefits provider offers the opportunity for one-on-one sessions, make sure employees know how to sign up. In addition, publicize the availability of retirement calculators or other tools that are available on your retirement plan website.
Auto-enrollment in a retirement plan: Retirement plans are a common workplace benefit; 93 percent of employers offer a traditional 401(k) or similar retirement savings plan, according to the 2025 Employee Benefits Survey from the Society for Human Resource Management (SHRM). However, only 51 percent of employers automatically enroll new or existing employees. Auto-enrollment makes it easier for workers to enter the plan, as the employer automatically deducts retirement savings from their pay unless they opt out of the plan or decide to contribute a different amount. If employees want to stay with the employer’s deferral rate, they don’t need to do anything.
Automatic increases: Employees may choose to increase their retirement contribution by a certain percentage each year, allowing them to build their retirement savings without thinking about it. According to the SHRM survey, 27 percent of employers automatically escalate salary deferral amounts.
Matching contributions: One way to help employees build retirement savings is to match their retirement contributions. Many employers offer this benefit; the SHRM survey found that 85 percent make contributions to traditional employee 401(k) plans and 74 percent contribute to Roth plans. The average maximum percentage match is about 6 percent.
Key to remember: By providing information and making it easy to build a retirement savings account, employers can help workers feel more prepared for retirement.
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2025-11-14T06:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleSupervisor alcohol and drug training - Motor CarrierUSAEnglishTransportationReasonable suspicion drug and alcohol testing - Motor Carrier
Expert Insights: Are your supervisors prepared to tackle impairment?
Those who supervise truck and bus drivers have a lot of responsibility on their shoulders, including taking the keys away from drivers who may be impaired. Are your supervisors prepared to do what’s needed?
This is especially important if you have drivers subject to DOT-mandated drug and alcohol testing. You must ensure their supervisors know the DOT rules and are ready to act at a moment's notice. I like to share this five-step approach:
Step 1: Train
Before an individual may begin supervising drivers, they must complete reasonable-suspicion training. Under 49 CFR 382.603, supervisors must receive at least 60 minutes of alcohol-abuse training and 60 minutes of drug-use training. This prepares them for being able to identify drivers who may be impaired and order “reasonable suspicion” tests. Keep documentation of this training for as long as the person is in the supervisory role and for two years after that. Refresher training is not required, but it's a good idea.
Step 2: Observe
The supervisor must personally make the observations necessary for a test, based on the driver’s appearance, behavior, speech, and/or odor. Are there clear indications of drug use or alcohol abuse? Common signs include:
- Bloodshot eyes or pupils that are larger or smaller than usual;
- Unusual odors on breath, body, or clothing;
- Impaired coordination with routine tasks;
- Erratic or suspicious behaviors;
- Slurred speech, unsteady gait, confusion, or emotional volatility; and/or
- Sudden mood swings, irritability, or disorientation.
The observations must be specific, happening at the time, and able to be documented. It’s a best practice to have another trained supervisor corroborate the observations when possible.
Step 3: Confront
This is the hardest part. It may be awkward, but the supervisor must confront the driver and notify them of the suspicion. (Tip: Do role-playing exercises to get supervisors comfortable handling these confrontations.) The supervisor should engage the driver in a private area and have an interactive conversation. The supervisor should describe exactly what was observed and why it means a test(s) is required. Avoid diagnosing or accusing; focus only on observed behaviors or physical signs. If the driver becomes defensive, the supervisor should listen respectively but repeat the observations and state how they’re bound by regulation to order a DOT test. If the driver refuses to go for a test, it's treated as a refusal and has the same consequences as a failed test.
Step 4: Test
After confirming their suspicion, the final step is for the supervisor to immediately order the reasonable-suspicion test(s). The supervisor who orders the test cannot conduct an alcohol test themselves.
For obvious reasons, don’t allow drivers to drive themselves to the collection site. As best practice, have a supervisor accompany the driver to and from the site.
It may take several days to receive the results, so your company policy should dictate what you do with the driver in the interim. Suspensions are common but must be done in compliance with labor laws.
Step 5: Document
The supervisor must document the observations that led to the test(s). This document must be created and signed within 24 hours of the observations or before the test results are released, whichever comes first. It should include the date and time, the specific observations, the actions taken, and the supervisor’s signature.
Using this 5-step approach to reasonable-suspicion testing helps ensure that no one who is impaired by drugs and/or alcohol is permitted to operate a commercial vehicle. This not only helps keep you compliant, it also helps keep our highways safe.
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2025-11-14T06:00:00Z
NewsIndustry NewsSafety & HealthElectrical SafetyGeneral Industry SafetyElectrical SafetyIn-Depth ArticleEnglishClearance DistancesFocus AreaUSA
Beware of these common electrical safety violations
Electrical safety violations are among the most-cited General Industry standards. The combined total citations under 1910.303 and 1910.305 exceeded the machine guarding violations last year. Neither standard requires training, but training could help avoid citations and injuries.
The industries most often cited under those two standards include manufacturing, retail, wholesale, lodging and food service, and transportation and warehousing. OSHA commonly issues citations for things like:
- Using portable fans that were not approved for industrial locations,
- Leaving electrical boxes open,
- Failing to maintain sufficient space around electrical boxes, and
- Improperly using flexible cords or extension cords.
Use equipment properly
Paragraph 1910.303(b) covers examination, installation, and use of equipment. It includes a kind of a “general duty clause” that states, “Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees.”
Since electricity could cause serious harm, OSHA can cite that paragraph for a number of hazards. Citations include things like damaged insulation on wiring or exposed electrical parts of equipment motors. However, that isn’t the most frequently cited paragraph.
Sub-paragraph 1910.303(b)(2) gets cited most often. It states, “Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.” Essentially, this tells employers to follow manufacturer instructions when using electrical equipment. OSHA uses this for violations like improperly using power strips or allowing employees to use outlets that were not correctly installed.
For related information, see our article, Five things to know before letting employees work with electricity.
Another frequently cited issue is failing to maintain access and working space around electrical equipment. Paragraph 1910.303(g)(1) requires sufficient access and space to allow safe operation and maintenance, describes specific distances, prohibits using the working space for storage, and requires guarding when live parts are exposed for inspection or service.
Wiring issues
The other commonly-cited electrical standard is 1910.305, covering wiring methods and more. These violations include issues such as outlets or switches without covers, or improperly using flexible cords (such as extension cords) where permanent wiring should be used.
One of the most-cited paragraphs is 1910.305(b)(1)(ii) which says, “Unused openings in cabinets, boxes, and fittings shall be effectively closed.” For example, if a circuit breaker panel has an unused breaker space, it must be filled with a blank. It cannot be left open, and placing tape over the empty slot is not sufficient.
Another frequently-cited paragraph is (g)(2)(iii), which says: “Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws.” OSHA uses this when saws or other equipment gets power through flexible cables coming from an electrical panel.
The Bureau of Labor Statistics lists more than 2,000 injuries from exposure to electricity each year and around 150 deaths per year. Neither of the above standards specifically requires training workers on electrical safety, but employers should provide training on properly using (and not improperly using) electrical equipment and tools. For related information, see our article, What is the difference between qualified and unqualified electrical workers?
Key to remember: Electrical hazards from exposed electrical lines and improperly using equipment could be mitigated by training employees.
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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.