SAFETY & COMPLIANCE NEWS
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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.
FEATURED NEWS
2026-01-26T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleUSAEnglishTransportationDrug and Alcohol Clearinghouse - Motor Carrier
Drivers are cautioned about scammers with a license to steal
Scammers are targeting commercial drivers to gain access to their personal identifiable information (PII), the Federal Motor Carrier Safety Administration (FMCSA) warns.
The agency reports that fraudulent online activity is on the rise, targeting users of FMCSA systems like the Drug and Alcohol Clearinghouse (DACH).
The scheme
A recent con involves convincing commercial drivers to share their commercial driver’s license (CDL) number, date of birth, and first and last names.
Scammers pretend to be someone willing to help drivers with a DOT testing violation in the DACH, including:
- A Substance Abuse Professional (SAP) resolving open violations; or
- An employer willing to report:
- A negative return-to-duty (RTD) test result, or
- A completed SAP-prescribed follow-up testing program.
Once the criminal has the driver’s license information, the hoax begins with a positive interaction between them and the driver. They use the information to improve the driver’s DACH record for payment.
Then the dealings take a turn. The scammers begin to extort the driver, demanding more money. If the driver fails to pay, they threaten to enter fraudulent drug and alcohol program violations on the driver’s record.
Avoid the lure of shortcuts
Drivers may fall prey to this scam if they’re looking to commit fraud themselves. In this situation, drivers were looking for someone to enter information into the DACH without completing the return-to-duty and follow-up testing requirements.
Drivers are required to complete SAP evaluations, treatment, and return-to-duty testing after a reported violation. They are also monitored through follow-up testing over a specified period.
Drivers going through the steps are responsible for vetting their SAP. FMCSA cautions drivers to verify the credentials of any SAP prior to sending personal information or money.
Report suspicious activity
Drivers should not respond to anyone contacting them and asking for CDL information. These solicitations should be reported to the FMCSA Clearinghouse Team. FMCSA is asking drivers to provide a screenshot of the message from the suspected scammer, if possible.
Protect your PII
PII is the gateway to criminal activity, and CDL information is a prime example. Always protect your PII and never share it with anyone unless you’re certain of the individual’s identity and it’s for legitimate business purposes.
Key to remember: Most internet scams play on the emotional response to get confidential information including PII. Don’t fall for a ploy to take shortcuts in DOT return-to-duty and follow-up testing.
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RECENT INDUSTRY HIGHLIGHTS
2026-01-26T06:00:00Z
NewsIndustry NewsPhysical exam - Motor CarrierFleet SafetyFocus AreaIn-Depth ArticleUSAEnglishMedical examiner - Motor CarrierTransportationPhysical exam - Motor Carrier
Can commercial drivers obtain a second opinion on a DOT medical exam?
Motor carriers — whether they employ a handful of commercial drivers or thousands — often face an important question: If a driver is disqualified during a Department of Transportation (DOT) medical exam, is the driver allowed to seek a second opinion? For motor carriers, this situation can create uncertainty and raise concerns about compliance, safety, and legal risk.
FMCSA’s guidance on second opinions
According to the Federal Motor Carrier Safety Administration (FMCSA) guidance, a driver who receives a disqualified status may seek a second opinion from another National Registry Certified Medical Examiner.
However, the process has important requirements:
- Drivers should obtain permission from their motor carrier before scheduling a second exam. Carrier that allow drivers to seek a second opinion may choose which Certified Medical Examiner drivers visit.
- Carriers should maintain a list of approved medical vendors to ensure consistent and reliable examinations. Understanding these rules helps carriers manage risk and maintain compliance.
- Carriers, however, should also watch out for these four areas of compliance that, if not followed, could steer them off course when it comes to driver medical exams.
Four watch-outs for motor carriers
1. Drivers must provide the same health information to every examiner
Drivers are required to give complete and truthful medical information at each exam. If a driver withholds or changes information to obtain a medical certificate from a second examiner, it can create serious problems:
- Drivers can face civil penalties.
- Motor carriers may also be liable if the driver is involved in a crash and was certified based on incomplete or inaccurate information.
- Motor carriers could inadvertently place a medically unfit driver behind the wheel of a commercial motor vehicle .
- Let’s say a driver previously reported severe fatigue that raised concerns about possible sleep apnea. That information must be shared with any second examiner. Withholding it in hopes of receiving a 2-year medical card creates significant compliance, legal, and safety risks to both the driver and motor carrier.
2. Carriers aren’t required to review the 'long form' medical report
Motor carriers aren’t required to obtain or review the driver’s DOT Medical Examination Report Form MCSA-5875 (long form). Without this information, it may be difficult for carriers to determine whether the driver disclosed accurate medical history during a second exam.
Carriers that choose to collect or review long form medical information must:
- Obtain written consent from the driver.
- Work closely with HR to ensure a consistent and compliant policy.
- Use clear procedures for authorizing and storing medical information.
3. The FMCSA receives all exam results
All DOT medical exam results are submitted to the FMCSA National Registry. This means:
- A disqualified exam will appear in the driver’s National Registry record.
- If the driver quickly receives a second exam that results in a valid certification, the FMCSA may choose to review the situation more closely.
4. Carriers should watch for ‘doctor shopping’
Motor carriers should be alert for patterns that may indicate drivers are "doctor shopping.” Drivers who repeatedly seek new examiners that will overlook medical concerns pose risks for carriers. The FMCSA frowns upon “doctor shopping” because it undermines the integrity of the medical certification process. Carriers that allow drivers to do this will certainly raise red flags with the FMCSA if multiple exams occur within a short time frame.
Key to remember: Allowing a second opinion can be appropriate when handled correctly, but it must be managed carefully. Carriers should communicate clear guidelines to drivers, understand the FMCSA requirements, and maintain strong internal policies to protect both the company and the public.
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2026-01-26T06:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistIn-Depth ArticleLabor Law PostersHR ManagementEnglishLabor Law PostersUSAFocus AreaHuman Resources
Tempted to hang that required notice on the wall? Be careful
When California’s Workplace Know Your Rights notice requirement takes effect on February 1, employers there need to distribute the required information properly.
This stand-alone notice must be given directly to employees. The law says that the notice must be provided in a manner the employer normally uses to communicate employment-related information. This includes:
- Personal service
- Text message
While an employer could hand the notice to the employee, or share it in an email or text message, posting the notice on the wall isn’t an option and will not fulfill the law’s requirements.
Posting and notice requirements are different
While notices and posters both provide employees with information about their workplace rights, they’re distributed in different ways.
Labor law posters are placed on the wall in a conspicuous location. They provide general information relating to minimum wage, discrimination, employee leave, and other laws. They also usually contain contact information for a state or government agency.
Employee notices and handouts must be delivered directly to employees. These workplace notices may need to be given to employees when they are hired, annually, or when they separate from employment. They may also need to be provided when a new notice requirement goes into effect, as is the case in California this February.
Common employee notices
Notices may be required under both federal and state laws. Some states, such as California, require employees to receive notices when they’re hired and throughout their employment. Other states, such as Oklahoma, don’t currently require employers to deliver notices directly to employees. All employers must deliver notices when they are required under federal law, however.
Here are notice requirements an employer may encounter:
- Federal Earned Income Credit notice: If an employee doesn’t receive the Form W-2, an employer can use Notice 797 from the Internal Revenue Service (IRS) to let covered employees know that they may be eligible for the Earned Income Credit. The IRS notes that employers don’t meet notification requirements by posting Notice 797 on an employee bulletin board. The notice needs to be handed to the employee or mailed to the employee’s last known address.
- California Victims Leave Notice: The notice must be provided upon hire, annually, and upon request. It must also be provided when an employee informs an employer that the employee or the employee’s family member is a victim.
- Minnesota Paid Leave: Employers must provide a Paid Leave notice to new hires.
- Missouri Notice to Victims of Domestic and Sexual Violence Leave Time: Employers with 20 or more employees need to deliver this posting to new hires.
- New Jersey Gender Equity Notice: When an employer has 50 or more employees, this notice must be sent to employees each year. It must also be provided when employees are hired and when they request the notice. The state requires the employers to display the Gender Equity poster, but the posting is required in addition to the notice, not instead of it.
Key to remember: When a notice must be given to employees, posting does not fulfill an employer’s obligations. The notice must be handed, emailed, or sent directly to the employee.
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2026-01-26T06:00:00Z
NewsPersonal Protective EquipmentFall ProtectionWalking Working SurfacesFall ProtectionIn-Depth ArticleStorage TanksLaddersEnglishPersonal Protective EquipmentIndustry NewsSafety & HealthGeneral Industry SafetyEnvironmentalFocus AreaUSA
Proposal expected: OSHA to step away from costly fixed-ladder deadline
OSHA is fast-tracking a proposed rule to remove a 2036 mandate to upgrade fall protection systems on fixed ladders that extend over 24 feet. The agency says the change, sparked by an industry petition, would allow employers to update their ladders at the end of their service lives, rather than by a hard compliance date. OSHA frames the move as deregulatory.
The affected regulation, 29 CFR 1910.28(b)(9)(i)(D), currently reads: “(i) For fixed ladders that extend more than 24 feet (7.3 m) above a lower level, the employer must ensure: … (D) Final deadline. On and after November 18, 2036, all fixed ladders are equipped with a personal fall arrest system or a ladder safety system.”
What’s happened?
A quick look at the rule’s development shows:
- 7/28/2025 — OSHA received a petition for rulemaking that covers obligations for ladder retrofits under 1910.28(b)(9).
- 9/15/2025 — OSHA posted a memo confirming it intends to eliminate 1910.28(b)(9)(i)(D).
- 12/18/2025 — OSHA sent its Walking-Working Surfaces (WWS) - Fixed Ladders proposal to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA).
- 1/13/2026 — OIRA and OSHA met with the American Fuel and Petrochemical Manufacturers (AFPM).
- 1/21/2026 — OIRA and OSHA met with the Employers OSHA Modernization Coalition.
- 1/27/2026 — OIRA plans to meet with attorneys representing the American Petroleum Institute (API).
What did the petition request?
The seven-page petition, written by legal counsel on behalf of the AFPM, API, and American Chemistry Council (ACC), requests that OSHA:
- Withdraw the provision under the WWS standard for fixed ladders that extend more than 24 feet to be equipped with personal fall arrest systems (allowing the continued use of ladder cages or wells); or
- Grandfather fixed ladders installed before a particular date (authorizing the continued use of existing ladder cages or wells for those ladders).
Unjustified provision?
Petitioners argue that OSHA, in its 2010 proposed WWS rule, failed to:
- Take comments on the effectiveness of cages in protecting workers from falls,
- Disclose that the agency was evaluating whether to prohibit cages, and
- Give stakeholders a chance to submit evidence regarding cages.
The petition outlines the differences between the earlier proposed and final rules, noting that the 2010 proposal gave employers the choice to use any of four fall-protection types — cages, wells, ladder safety systems, or personal fall protection systems. However, the 2016 final rule gave a 2036 phase-out date for cages and wells.
The petition goes on to contend that:
- OSHA lacks sufficient evidence to justify prohibiting cages and wells;
- Data collected during the rulemaking process leaned toward preserving employer choices for fall protection; and
- Although the 2016 rulemaking preamble acknowledged the shift away from cages and wells, it did not fully discuss evidence in favor of cages and wells.
Other arguments in the petition
The petition raises several points questioning the benefits of paragraph (b)(9)(i)(D), stating that:
- In the past decade, AFPM, API, and ACC facilities have suffered only a few injuries, with no fatalities involving cages and wells;
- Cages offer passive protection, whereas ladder safety systems and personal fall arrest systems require workers to take action to comply;
- Personal protective equipment (PPE) lies at the bottom of the hierarchy of controls;
- Safety risks also exist for ladder safety systems and personal fall arrest systems; and
- Installing new ladders or retrofitting existing ones introduces hazards to those performing that work.
Finally, the petition addresses significant compliance costs, estimating several billion dollars for tens of thousands of ladders at U.S. refineries alone. Petitioners also cited additional expenses for rerating pressure vessels and engineering any process equipment changes.
What does OSHA say?
OSHA officially announced in a September 2025 memo that it is proposing to remove 1910.28(b)(9)(i)(D). The agency calls it a deregulatory action in line with Executive Order 14192. The memo reasons, “OSHA anticipates this change will allow employers to update their ladders when the ladders reach the end of their service lives, accommodating the lengthy service life of fixed ladders, while significantly reducing costs and offering greater flexibility.”
The WWS - Fixed Ladders proposal reached OIRA on December 18. OIRA typically takes 90 to 120 days for review, but recently a maximum 28-day review period for deregulatory actions was implemented. That means we anticipate OIRA will rush this proposal, so that OSHA may publish it in the Federal Register.
Key to remember
An upcoming OSHA proposal would withdraw 1910.28(b)(9)(i)(D). The rule was spurred by a petition.
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2026-01-23T06:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthGeneral Industry SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
Growth phases of the safety professional
I’ve been working with safety professionals for more than 25 years, answering questions, providing guidance, helping them keep their employees safe, and helping keep their employers out of trouble. I suspect that my own career growth is typical and reflects what many others have gone through.
Initially, we go through a learning phase. The first few years on the job can feel overwhelming, when there’s so much to learn. That includes not only all the requirements, but even the simple matter of where to find the requirements along with the guidelines on how to best implement them. Building relationships within your own company to be more effective and developing professional contacts elsewhere who can provide guidance is all part of the initial learning phase.
After a few years, we start to reach a comfort level. Sure, we don’t know everything, but we have a pretty good idea of where to look. More importantly, we’ve developed some instincts about things that “just don’t look right.” Prior to this, if someone told us “that’s how things are done” we might have accepted it, but now we’re more willing to ask questions. We’re also feeling comfortable enough to push for going beyond the regulations. Maybe that is “how things have always been done” but we’re willing to push for improvements even if that requires overcoming some resistance to change.
After ten or fifteen years, we’re feeling pretty confident. We now have experience in many different areas. During the initial learning phase, every new responsibility required researching an entirely new topic from scratch. And although even the most experienced safety professionals don’t have everything memorized, we now have bookmarks for the most common reference points. We’re using resources that newbies don’t even know about. And very likely, we’re starting to mentor others and become the professional contacts for those less experienced.
The last phase often reverts to a learning phase. Perhaps the act of trying to answer questions from others creates a challenge that we had not previously encountered. Even if you think you have most of the answers, you’ll discover that you learn a lot by teaching others. This new learning phase makes us realize how much we still don’t know, and how much more we have to learn. Being a mentor is not only rewarding but generates a lot of self-reflection and growth.
As noted, I’ve now been in the safety field for more than a quarter century, and I’m still learning new things every week. That’s one of the reasons the job stays fresh and challenging. There’s always a new direction or new topic, even just a new approach to a well-known topic. May the learning never end!
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2026-01-23T06:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
When FMLA certifications don’t move at light (or sloth) speed
During a recent webcast, attendees mentioned how they find that doctors often take their time when completing and providing a certification supporting leave under the federal Family and Medical Leave Act (FMLA).
Under the FMLA, employees have at least 15 days to give employers the requested certification, absent extenuating circumstances. Sometimes, doctors are the cause of employees missing those 15 days. The webcast revealed that it’s not unusual for 15 percent of employees requesting leave miss the 15-day deadline. For some employers, that number is 60 percent!
The FMLA doesn’t govern health care providers or their actions. Employees are to put forth a good-faith effort to get a certification. Despite such efforts, however, they might miss that deadline because of events outside of their control, like doctors choosing not to complete them quickly.
Therefore, employers are expected to be flexible with a certification deadline.
Give the doctors some help
When asking for certifications, employers may give doctors some information that can help them understand the role they play in helping employees get FMLA leave.
The U.S. Department of Labor came up with some information employers can share with doctors, complete with links to certain terms. This information might help doctors see the importance of getting a certification completed and returned.
It mentions the 15 calendar days employees generally have. It also lists what’s needed to make a certification complete and sufficient. Doctors are also informed that if they don’t provide complete and sufficient information, they may be asked to clarify or authenticate the contents.
It also says that doctors might expect to see requests for:
- Recertifications,
- Fitness-for-duty certification, or
- New certifications if a condition lasts into a new 12-month leave year.
How much time is reasonable?
As mentioned, employees have 15 calendar days to get their employer a certification, unless it’s not possible through no fault of their own. How much more time should employers give employees?
The FMLA doesn’t have a set amount of additional time employers must give employees. Employers have to look at all the details of the particular situation when assessing this. Some doctors, for example, like to take 2 – 6 weeks to complete a certification. There is no one-size-fits-all solution.
Key to remember: Employers might have to be flexible when it comes to the 15-day certification deadline, but they can help doctors understand the part they play.
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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.