SAFETY & COMPLIANCE NEWS
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.
FEATURED NEWS
2026-01-19T06:00:00Z
NewsIndustry NewsEnglishFuel/Mileage Tax PermitsInternational Registration Plan (IRP)Credentials for unlicensed vehicles/trailersTemporary trip permitsFocus AreaIn-Depth ArticleFleet OperationsFleet TaxesTransportationRegistration and Permits - Motor CarrierUSA
Expert Insights: Key permit trends shaping 2026 compliance
As we roll into 2026, permit compliance is more complex than ever. Whether you’re moving freight across state lines or handling specialized loads, three major trends from 2025 will shape how you manage trip permits under the International Registration Plan (IRP), fuel permits under the International Fuel Tax Agreement (IFTA), oversize/overweight (OS/OW) permits, and specialty permits this year.
Digital credentials, but don’t ditch paper yet
Electronic cab cards and permits gained traction in 2025, and many jurisdictions now accept digital copies. However, acceptance isn’t universal. Some states still require paper for OS/OW and specialty permits.
For instance, in many states digital cab cards are accepted for IRP and IFTA, but paper OS/OW permits are still mandatory in most places. Before departure, check your route and prepare both formats as needed. Best practice? Carry both:
- PDFs stored offline, and
- printed copies.
And remember, IFTA decals must remain affixed to the vehicle.
Mileage-based taxes are expanding
States like Connecticut, Kentucky, New Mexico, Oregon, and New York continue to enforce weight-mile and highway use taxes, separate from IFTA. Occasional trips may require single-trip tax permits, while regular routes demand permanent accounts. Expect more states to explore road usage charges as fuel tax revenue declines, so route planning must include these extra credentials.
Take a proactive approach to prevent unexpected fees and delays. Regularly review state DOT websites or reliable industry sources for updates on mileage-based tax requirements, as new pilot programs may be announced mid-year.
OS/OW rules are evolving
Oversize/overweight permitting saw significant updates in 2025. Movement windows, escort thresholds, and weekend/night travel allowances shifted in several states. At the same time, agencies are pushing for automation and harmonization, meaning more permits can be issued instantly, but thresholds still vary widely. Always check state-specific rules before dispatch.
Stay on top of state updates to OS/OW rule changes and automation rollouts. Staying informed will help dispatchers adjust plans quickly and avoid roadside delays.
Tips for transporters
- Plan ahead: Verify which states require paper permits and which allow digital.
- Screen routes: Identify mileage-tax states early and secure the right credentials.
- Stay current: Monitor OS/OW rule changes and automation capabilities to avoid delays.
Key to remember: Compliance isn’t just about avoiding fines—it’s about keeping freight moving efficiently. With these trends in mind, your permit strategy for 2026 should combine digital convenience, state-specific awareness, and proactive planning.
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RECENT INDUSTRY HIGHLIGHTS
2026-01-19T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyFocus AreaIn-Depth ArticleEnglishOSHA Violations and PenaltiesUSA
Serious by OSHA standards, critical for workers
A violation is considered serious by OSHA when there’s a substantial probability that the hazard could result in death or serious physical harm, and the employer knew, or with reasonable diligence should have known, about the hazard. Serious violations currently carry a penalty of $16,550 and are adjusted for inflation each January. OSHA’s top 10 most frequently cited serious general industry (29 CFR 1910) violations show where employers are falling short.
| Rank | Violation | 29 CFR |
| 1 | Machine guarding: Types of guarding methods | 1910.212(a)(1) |
| 2 | Hazard communication: Written program | 1910.1200(e)(1) |
| 3 | Hazard communication: Information and training | 1910.1200(h) |
| 4 | Hazardous energy control (lockout/tagout): Procedures shall be developed | 1910.147(c)(4)(i) |
| 5 | Respiratory protection: Shall provide medical evaluations | 1910.134(e)(1) |
| 6 | Powered industrial trucks: Competency training | 1910.178(l)(1)(i) |
| 7 | Hazard communication: Safety data sheets readily accessible | 1910.1200(g)(8) |
| 8 | Hazardous energy control (lockout/tagout): Periodic inspection | 1910.147(c)(6)(i) |
| 9 | Respiratory protection: Written program | 1910.134(c)(1) |
| 10 | Medical services and first aid: Eye and body flushing facilities provided | 1910.151(c) |
A closer look at the top serious violations
Machine guarding – Types of guarding methods. Operating machinery or equipment can be extremely dangerous when it’s not properly guarded or maintained. Injuries involving machinery or equipment often result in death or permanent disability. One or more methods of machine guarding must be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods include barrier guards, two-hand tripping devices, and electronic safety devices.
Hazard communication – Written program; information and training; safety data sheets (SDSs) readily accessible. HazCom gives employees the right to know the hazards of the chemicals they’re exposed to. Covered employers must develop and implement a written program that describes how they’re complying with the provisions of 1910.1200, provide information and training, and ensure SDSs are readily accessible in employees’ work area throughout each shift.
Lockout/tagout – Procedures shall be developed; periodic inspection. Workers servicing or maintaining machines or equipment may be seriously injured or killed if hazardous energy is not properly controlled. Employers must develop energy control procedures for machines and equipment when they’re being serviced or maintained, following the criteria in 1910.147(c)(4). Procedures must be reviewed annually (the “periodic inspection”) to ensure they’re being followed and to correct any deficiencies.
Powered industrial trucks (PITs) – Operator competency. Employers must ensure that each PIT operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in 1910.178(l)(1). Certification of training and evaluation must include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation.
Respiratory protection – Written program; medical evaluation. In workplaces where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, a written respiratory protection program with worksite-specific procedures must be developed and implemented, following the requirements in 1910.134(c)(1). Employers must provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace.
Medical services and first aid – Eye and body flushing facilities provided. Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body must be provided within the work area for immediate emergency use. OSHA uses the associated ANSI standard, ANSI Z358.1: Emergency Eyewash & Shower Standard, during inspections when evaluating the suitability of emergency eyewash and shower protection provided by the employer.
Key to remember: Employers who fall under 29 CFR 1910 can use OSHA’s list of most frequently cited serious violations to strengthen their safety programs and protect their workforce.
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2026-01-19T06:00:00Z
NewsEnglishMilitary LeaveChange NoticesChange NoticeAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)LeaveAssociate RelationsLeaveNew HampshireHR ManagementFocus AreaHuman Resources
New Hampshire issues protections for spouses of military members
Effective date: January 1, 2026
This applies to: Employers with 50 or more employees in the same location in New Hampshire
Description of change: The measure gives employment protections for the spouses of military service members who are involuntarily mobilized for up to one year and one day in support of war, national emergencies, or contingency operations, and ensuring job security for families during military conflicts.
Employees are protected during the same amount of time their spouses are protected under the federal USERRA.
It also protects employees from layoffs during their spouse's mobilization.
View related state info: Military leave – New Hampshire
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2026-01-15T06:00:00Z
NewsIndustry NewsFleet SafetyIn-Depth ArticleCMV Parts and MaintenanceFocus AreaMaintenance and periodic inspectionsFleet OperationsEnglishTransportationUSA
Decoding the FMCSRs: Why history matters for CMV compliance
The key to truly understanding the Federal Motor Carrier Safety Regulations (FMCSRs) often lies in their history.
Today’s regulatory language was shaped by decades of debate and compromise, much of it documented in the Federal Register, the government's official daily newspaper. Knowing the backstory of a regulation can not only answer persistent “why” questions, but also help understand the meaning behind the words and, ultimately, how to comply.
Consider these four examples when it comes to commercial motor vehicle inspection and maintenance requirements in 49 CFR Part 396.
“1 year and for 6 months”
Originally, carriers were required to retain inspection and maintenance records for 3 years. In 1979, the Federal Register documented a shift, reducing the retention period to “a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier’s control,” as currently stated in 49 CFR 396.3.
The lack of a comma in that phrase has caused confusion ever since. Are the records to be maintained for 6 months after a vehicle is disposed of, or 18 months?
Fortunately, that 1979 document has the answer, stating the current requirements in a much clearer way:
“The time period for retaining the inspection and maintenance records is being reduced from the current 3-year requirement to 1 year. Once the vehicle leaves the service of the carrier, the records need only be maintained for 6 months.”
“Preceding 12 Months”
Regulations for the periodic inspection in 396.17 require each vehicle to have been inspected “at least once during the preceding 12 months.” Does that mean the next inspection must be completed within 365 days of the last one, or that it must be completed before the end of the month, 1 year later, potentially allowing nearly 13 months between inspections?
The answer lies in a 1988 Federal Register when the rule was first adopted. It says the USDOT considered adding “365 days” to the rule but got pushback from the industry, which argued that “a day-specific requirement was too restrictive and inconsistent with most inspection program periods.”
As a result, the inspection sticker need only contain the month and year of the last inspection, and most enforcement agencies allow a grace period for the next inspection until the end of the month. However, completing each subsequent inspection within 365 days is highly recommended since that’s the common understanding of “12 months.”
Lubrication records
The regulations in 396.3 used to specify that lubrication records must be retained, but the rules no longer say that. So if today’s regulations only say you need to keep records of “inspection, repairs and maintenance,” does that include lubrication records?
The answer is yes, and it dates back to 1994 when the USDOT stated that “the lubrication record … is a maintenance record, [so] the requirement is redundant.”
Bottom line: lubrication is considered part of “maintenance” and therefore you must maintain all lubrication records for at least 12 months.
We need the tire size?
Many motor carriers are surprised that “tire size” is a required record in a vehicle file. It’s nestled among a list of vehicle details that must be retained, such as the make, serial number, and year. But why tire size?
Tire size used to be one of several tire details that carriers had to retain, including the number of tires and their load rating. The industry was questioning the need for such details as far back as the 1970s, leading the USDOT to remove some (but not all) of them in 1979, when it wrote in the July 2nd edition of the Federal Register:
“The suggestion that tire records are not needed has been carefully studied. Tire size has a direct bearing on the load-carrying capacity of a vehicle, but ply rating or load rating may not be needed. The load or ply rating will be dropped, but size of tires will be retained.”
Tire size may seem out of place in today’s vehicle files, but at least the government provided a safety-based justification — even if we must look back nearly 50 years to find it.
Key to remember: Regulatory language is never arbitrary. To truly understand why the regulations are worded the way they are, motor carriers must sometimes look beyond the text and understand the story behind the rule.
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2026-01-15T06:00:00Z
NewsDebt Collection PracticesIn-Depth ArticleUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsCompensationWage and HourWage and HourPayrollCompensationHR GeneralistFair Labor Standards Act (FLSA)Salary deductionsFocus AreaHuman Resources
Accidentally overpay employees? How to recoup the money
Most employers have some process or electronic tool to help determine how much they should pay employees. Sometimes, these systems require inputting key information. Whether human error or a technical glitch, mistakes can happen that result in overpaying one or more employees.
When that happens, employers might simply want to deduct the overpayment from an employee’s future paycheck. It wasn’t really the employee’s anyway, right? Employers must, however, tread carefully and quickly. They must:
- Review applicable records to confirm that the mistake happened.
- Determine the exact amount of overpayment.
- Discuss the situation with the affected employee(s) and show evidence supporting the finding.
- Work with employee(s) to create suitable repayment plans. Consider the employees’ financial situations and come up with an agreed-upon plan.
Employers must fix these issues before the end of the year, or they’ll also make Form W-2s inaccurate.
Federal law
Under the federal Fair Labor Standards Act (FLSA), employers may deduct overpayments from employees’ future wages, even if that would result in the employees being paid below the minimum wage.
Big lump-sum deductions, however, might not sit well with employees, risking negative employee relations and trust.
State laws
Just because the federal FLSA allows related deductions, many state laws have limits on how much employers may deduct.
In California, for example, employers may not make deductions to recover overpayments unless the employer and employee have a written agreement, and the employee voluntarily consents to the deduction. The deduction also can’t cause the employee’s pay to fall below the state’s minimum wage.
An ounce of prevention
To help prevent overpaying employees, employers may take a few steps, such as the following:
- Automate payroll processes as much as possible;
- Audit all related processes and tools regularly;
- Have clear timekeeping and payroll policies; and
- Encourage employees to review their payments and paystubs regularly, and ask them to report any issues quickly so mistakes can be resolved.
Key to remember: Mistakes happen, including those that result in overpaying employees. Employers can, however, take steps to fix them and prevent them from recurring.
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2026-01-15T06:00:00Z
NewsIndustry NewsWaste GeneratorsWaste/HazWasteWasteWasteEnvironmental Protection Agency (EPA)Waste ManagementEnvironmentalIn-Depth ArticleSolid WasteWaste PermittingEnglishFocus AreaUSA
Defining RCRA solid waste: Does your material qualify?
What’s a solid waste? It may seem obvious at first, but understanding the correct definition is essential for facilities to comply with the federal waste management program. If the question is answered incorrectly, there can be serious consequences. Mismanaged waste (especially when it’s hazardous) can endanger the health of people and the environment.
Under the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) regulates the entire lifecycle of waste, from creation to disposal. Only materials that qualify as “solid waste” — whether they’re nonhazardous or hazardous — are subject to RCRA requirements. That’s why all waste generators need to have an accurate understanding of how solid waste is defined.
Use this overview to help your facility determine if the waste it generates qualifies as solid waste.
What’s a RCRA solid waste?
The statutory definition (42 U.S.C. 6903(27)) and the regulatory definition (40 CFR 261.2) explain what’s considered a solid waste under RCRA.
Statutory definition
The act defines solid waste as:
- Garbage;
- Refuse;
- Sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; or
- Any other discarded material from industrial, commercial, mining, and agricultural operations and from community activities.
It applies to physically solid, semisolid, liquid, and gaseous materials.
Regulatory definition
EPA (per 262.11) requires anyone who generates a solid waste to accurately determine whether the waste is hazardous. The first part of the hazardous waste identification process is to establish whether the material is a solid waste. EPA expanded the definition of solid waste for this purpose.
The regulation further defines solid waste as any material that’s discarded by being:
- Abandoned (defined in 261.2(b)),
- Recycled (defined in 261.2(c)),
- Considered inherently waste-like (defined in 261.2(d)), or
- A military munition (defined in 266.202).
If a material doesn’t meet these criteria, it’s not considered a solid waste and isn’t subject to RCRA regulations. If the criteria do apply, the material qualifies as a RCRA solid waste, and your facility must comply with EPA’s standards for managing either nonhazardous or hazardous RCRA waste.
What’s not a RCRA solid waste?
Many materials are excluded from the definition of solid waste. However, that doesn’t necessarily mean that these wastes are unregulated; some are excluded because other regulations apply (for example, industrial wastewater point source discharges are subject to the National Pollutant Discharge Elimination System rules). Make sure to check if other requirements apply to excluded materials.
Statutory exclusions
RCRA’s definition of solid waste excludes:
- Solid or dissolved material in domestic sewage;
- Solid or dissolved materials in irrigation return flows;
- Industrial wastewater discharges only at point sources (it doesn’t exclude industrial wastewaters collected, stored, or treated before discharge or sludges generated by industrial wastewater treatment); and
- Source, special nuclear, or byproduct material defined by the Atomic Energy Act.
Regulatory exclusions
EPA lists the wastes that are exempt from the definition of solid waste at 261.4. It excludes all of the wastes that the statutory definition does. The agency also exempts other wastes under certain conditions (such as spent sulfuric acid used to produce virgin sulfuric acid, reclaimed secondary materials reused in production, and recycled shredded circuit boards).
Why does this matter?
Knowing what’s considered solid waste is vital to compliance because it tells you if RCRA rules apply to your specific waste.
It’s also the first part of the hazardous waste identification process. Facilities use the process to determine how solid waste is regulated, either as nonhazardous waste subject to RCRA Subtitle D rules or as hazardous waste subject to RCRA Subtitle C standards.
Check state requirements
Most states implement the RCRA waste management regulations. State rules must be at least as strict as federal, and some states may have more stringent requirements. Check with your facility’s state environmental agency to confirm what standards apply.
Key to remember: Defining solid waste is the first step in determining whether RCRA rules apply to a material.
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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.