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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.
FEATURED NEWS
2025-12-29T06:00:00Z
NewsIndustry NewsHR GeneralistIn-Depth ArticleLabor Law PostersAssociate RelationsEnglishLabor Law PostersHR ManagementFocus AreaUSAHuman Resources
Answering the labor law poster question of the year
To wrap up 2025 and start 2026 on the right note, let’s clear up one of the questions we get most often: Do I need Spanish posters?
The answer is: Maybe.
Some laws require Spanish postings
There is no overall national or state law that says employers always need to have Spanish posters. Each posting is required under a different law, and some mention posting in Spanish or a language other than English.
Most of these laws come with stipulations. For example, the federal FMLA poster, which must be posted by employers with 50 or more employees, must be displayed in a language other than English if a “significant” portion of workers are not literate in English. The federal government does not define “significant,” so that determination is up to the employer.
Some state laws also mention posting in Spanish. For example, the New Mexico Notice on Human Trafficking must be posted in English and Spanish. In Massachusetts, the Paid Family and Medical Leave poster must be posted in Spanish if an employer has five or more employees whose primary language is Spanish.
In addition, when a city or county has its own minimum wage law, the minimum wage poster must usually be posted in Spanish or other languages commonly spoken in the community.
Always a good idea when Spanish is the primary language
Even when a Spanish poster isn’t specifically required in a law, posting in Spanish is always a good idea if you have workers who primarily communicate in Spanish.
Employers have a responsibility to inform employees of their rights under employment laws. When a Spanish poster is the best way to do this, it makes sense to display it.
Key to remember: Some postings must be displayed in Spanish under certain circumstances. Posting in Spanish is always a good idea when employees usually communicate in that language.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-29T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
OSHA interpretive letters: Practical compliance guidance at your fingertips
Is an underground utility system a permit-required confined space? Can forklift operators be evaluated virtually? How does an employee’s cochlear implant affect audiometric testing? If you’ve ever struggled to understand how an OSHA standard applies to YOUR workplace, you’re not alone!
Fortunately, the agency regularly posts answers to questions posed by employers, employees, and other stakeholders. Those answers come in the form of letters of interpretation (LOIs).
How LOIs can help you
LOIs provide supplementary guidance explaining how a standard, regulation, and/or statute applies to a particular workplace situation or hazardous condition. OSHA may also use LOIs to further explain its compliance directives. Perhaps more importantly, because OSHA’s regulations often lag years or even decades behind advances in technology, equipment, machinery, and work practices, LOIs can help bridge those gaps.
OSHA makes clear that its requirements are set by standards, regulations, and statutes. Therefore, you need to know that interpretative letters don’t change the meaning of those requirements. Put another way — LOIs do not create further obligations for you. Always review the standards, regulations, and statutes for definitive compliance mandates.
At the same time, you may wish to revisit the interpretive letters. They are not set in amber. As standards, regulations, and statutes change, OSHA may update or archive existing LOIs in response to new or revised obligations. Text may be struck out, or there may be an “ARCHIVE” notice stamped at the top of the letter. Archive notices alert you that information no longer reflects current policy but may be useful for historical or research purposes.
Recent LOIs
This year’s LOIs include the ones listed in the table. We anticipate more letters to come in the future. Be sure to look not just at the current year of LOIs but at previous years’ letters too to see what’s new. That’s because OSHA often posts LOIs long after they were sent to the stakeholder(s).
| LOI date | 29 CFR | Letter title and brief summary |
| 1/3/2025 | 1910.146 | Permit required confined space This LOI addresses questions about the permit required confined space standard as it relates to a steam, chilled, and hot water utility system connecting multiple buildings that contain in-ground utility vaults and piping, valves, and connections. OSHA states that employers must determine whether a confined space meets the definition of a permit required confined space under 1910.146(b), including whether the area contains a “recognized serious safety or health hazard.” If the definition is met, and entry is authorized, employers must isolate the permit space prior to entry. |
| 2/5/2025 | 1904 1910.502 | Enforcement stay of the COVID-19 recordkeeping and reporting requirements under 29 CFR 1910.502 OSHA will not enforce COVID-19 recordkeeping and reporting requirements under 1910.502 and will not cite employers for violations of the requirement to establish, maintain, and provide copies of a COVID-19 log under paragraphs (q)(2)(ii) and (q)(3)(ii)-(iv) or to report COVID-19 fatalities and hospitalizations under paragraph (r). OSHA will continue to enforce applicable recordkeeping and reporting requirements under 29 CFR 1904. |
| 4/1/2025 | 1910.178 | Requirements of powered industrial truck training program implementation OSHA clarifies that trainees may only operate a powered industrial truck under the direct supervision of a person with the knowledge, training, and experience to train operators and evaluate their competence. Virtual evaluation, such as live streaming via a cellphone or tablet, is not acceptable. |
| 4/29/2025 | 1904 1904.29 1904.32 1904.35 1904.40 1904.41 | Software used to generate Equivalent OSHA Forms 300 and 300A If forms generated by a company’s software meet the requirements for equivalent forms at 1904.29 and 1904.32, then these forms could be used by employers to satisfy OSHA recordkeeping requirements for maintaining OSHA Form 300 and Form 300A. The LOI also provides further detailed guidance on recordkeeping requirements. |
| 5/8/2025 | 1910.1028 1910.1051 | Engineering controls under the Benzene and 1,3-Butadiene standards OSHA explains that 1910.1028 and 1910.1051 are performance-oriented standards and as such allow for various types of engineering and work practices for benzene and 1,3-butadiene. Specifically, under these standards the following types of valves are considered forms of engineering controls: bellow and non-bellow, leak-proof and non-leak proof, and double-seal and non-double seal. |
| 6/11/2025 | 1910.95 | Audiometric testing of a worker who may have a cochlear implant Employees with cochlear implants (CI) should leave their device turned on during the audiometric test instructions and then turn the device off after the instructions have been given. For purposes of 1910.95, OSHA would not consider an audiogram to be valid if the CI is left on during the test. A qualified occupational hearing professional should be consulted to recommend appropriate hearing protection such as may be specifically designed for people with a CI or to assess whether the employee’s inability to wear hearing protection with the CI processor would cause additional hearing loss. |
| 6/17/2025 | 1910.25 | Stair angle and tread depth requirements This LOI explains how stair tread depth must be measured in order to provide adequate stepping space and to protect employees from falling. OSHA says its intention for the 9.5-inch minimum tread depth requirement in 1910.25 is consistent with national consensus standards for standard stairs (ANSI A1264.1 and NFPA 101). |
| 7/28/2025 | 1904 1904.7 | Red light therapy wraps OSHA states that LED (light emitting diode) red light therapy and red light therapy wrap technology don’t constitute first aid for purposes of OSHA’s recordkeeping requirements. The agency has no plans to initiate rulemaking to add LED red light therapy to the first aid list in 1904.7. |
| 7/30/2025 | 1910.95 1910.95(b)(1) 1910.95(d)(2)(i) 1926.52 1926.52(e) | 140 decibels (dB) impact/impulse policy under the noise standard This LOI discusses OSHA’s enforcement of the 140 dB peak sound pressure level in 1910.95 and 1926.52. |
| 8/1/2025 | 1910.134 1910.134(c) 1910.134(e) 1910.134(e)(5) 1910.134(e)(5)(i) 1910.134(e)(5)(iii) 1910.134(e)(6) 1910.134(e)(6)(i)(A) | Whether the respiratory protection medical evaluation may consider factors beyond respirator use This LOI addresses the following questions: 1. To what extent does OSHA's Respiratory Protection standard require that the physician or other licensed health care professional's medical evaluation for respirator use include consideration of factors beyond respiratory protection that affect fitness to safely perform the expected job tasks while wearing a respirator? 2. Is there a reasonable expectation that the employer will provide functional job descriptions to include more than the narrowly specified information required by 1910.134(e)(5)(i)? |
| 8/25/2025 | 1910.332(b) 1910.333 1910.333(a)(1) 1910.333(a)(2) 1910.333(c) 1910.333(c)(2) | Electrical busway hot swappable plug-in units The insertion or removal of a hot swappable plug-in unit for an electrical track busway is covered under 1910.333. Under 1910.333(a)(1), live parts to which an employee may be exposed must be deenergized before the employee works on or near them, unless the employer can demonstrate that deenergizing introduces additional or increased hazards or is infeasible due to equipment design or operational limitations. If the exposed live parts are not deenergized, other safety-related work practices must be used, in accordance with paragraph (a)(2), to protect employees who may be exposed to electrical hazards. |
| 9/29/2025 | 1926.62 1926.62(h)(1) 1926.62(i)(2)(i) 1926.62(i)(4)(ii) 1910.1025 1910.1025(h)(1) 1910.1025(i)(2)(i) 1910.1025(i)(4) | Clarification of “as free as practicable” lead contamination on surfaces OSHA explains that employers must have a regular, rigorous housekeeping schedule to meet the intent of the general industry and construction standards and to protect employees. |
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2025-12-26T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Five key steps to an OSHA inspection
An OSHA Compliance Safety and Health Officer (CSHO) arriving at your facility can strike fear into the most experienced safety professionals. Knowing these five steps and how to prepare will help you feel more at ease during the inspection.
1. The opening conference
The CSHO explains what brought them to the site, but may only briefly cover this. The key is knowing the scope of the inspection and what OSHA intends to review. Inspections of accidents or complaints will include requests for programs or documentation related to them.
Decide in advance who will accompany the CSHO during the walkaround and designate backups in case the primary person is not available. At least one person should take notes and photos of what the CSHO examines.
2. The walkaround inspection
A former CSHO said the first three things she noticed included general housekeeping, noise levels, and employee behavior.
Housekeeping: Is the workplace clean or dirty? Is there water or debris on the floor? Are materials improperly stored? There’s a difference between a messy process that’s cleaned regularly, and a workplace that doesn’t make housekeeping a priority. This shows the company’s level of investment in safety.
Noise: Is hearing protection required? Is conversation possible without shouting? Will it make interviews difficult? The CHSO may ask for noise sampling records.
Employee behavior: Did employees scatter when management walked out on the floor? Are they wearing the required PPE? Who is anxious to chat, or not chat, with OSHA?
Maintaining a reasonably clean and safe work environment helps demonstrate your company’s commitment to safety.
3. Employee interviews
Employee interviews help the CSHO determine how safety information trickles down to employees. Interviews can last a few minutes or several hours. Accident victims and witnesses are usually interviewed first, then other employees who perform the same job or work in the same area. The CSHO may select employees or ask the employer to choose.
The CSHO’s goal is to understand management expectations and how safety and health filter to the employee level. The CSHO may ask employees about their role, hazards they encounter, and their training. Multiple interviews help determine if problems are systematic or if one employee is disgruntled.
Employees who feel safe on the job and trust management should handle these interviews very well.
4. Management interviews
Managers get interviewed formally and through questions asked during the walkaround. The CSHO checks management’s involvement in safety to assess the upper half of the company’s safety culture.
Topics of discussion often include training programs and accident corrective actions. This provides a reference point for the CSHO to compare management’s focus to the employee’s awareness, once the walkaround and employee interviews are done.
If managers do not know the answer to a question, they should not guess but may defer to someone else. Managers should never exaggerate or appear deceptive. If the CSHO believes someone is being dishonest, the inspection will not go well for the company.
5. The closing conference
The inspection ends with a closing conference that includes discussing the employer’s rights and responsibilities. The CSHO may note apparent violations but must consult the Area Director before issuing citations, so the closing conference is not a time to argue about possible violations. The CSHO will explain how to request an informal conference or contest a citation and/or penalty.
Key to Remember: Prepare for an OSHA inspection by determining who will accompany the CSHO and reminding managers to answer honestly and defer questions if someone else knows the subject better.
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2025-12-23T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
More FAQ for your FMLA wish list
Continuing the theme of frequently asked questions (FAQ) about the federal Family and Medical Leave Act (FMLA) — because there were so many in our recent webcast — here are some more, complete with answers. This time, the focus is on certifications, recertifications, and if leave runs concurrently with workers' compensation (comp) and short-term disability.
Q: What if an employee doesn’t return a requested certification within 15 days?
A: Much will depend on why the employee didn’t return the certification. If extenuating circumstances justified the delay, employers must be flexible, based on the facts of each situation. If no circumstances justify the delay, employers may deny the FMLA protections after the 15-day window is closed and until the employee provides the requested certification.
Q: What if an employee never returns the certification?
A: If the employee never returns the requested certification, the leave is not FMLA leave, and employers may apply their company policies.
Q: How often may employers ask for a recertification for ongoing conditions?
A: For recertifying an ongoing condition during a leave year, here are the rules:
- You may request recertification no more than every 30 days and only in connection with an absence.
- If the certification indicates that the minimum duration of the condition is more than 30 days, you must wait until that minimum duration expires before requesting a recertification.
- In all cases, you may request a recertification every six months in connection with an absence.
You don’t have to wait the 30 days, minimum duration, or six months in limited situations:
- The employee requests an extension of leave;
- Circumstances described by the previous certification have changed significantly (e.g., the duration or frequency of the absence, the nature or severity of the illness, complications).
- You receive information that casts doubt about the employee's stated reason for the absence or the continuing validity of the certification.
When a new 12-month leave year begins, after the employee puts you on notice of the need for leave in that new 12-month leave year period, the employer would treat it as a new leave request, including asking for a new/initial certification.
Q: Is there a separate recertification form from the certification form?
A: No. Employers use the same form for certification and recertification.
Q: Can an employee be on workers’ comp and FMLA at the same time?
A: Yes. If the employee’s occupational injury or illness meets the FMLA’s definition of a serious health condition, the two can run concurrently. In that situation, the employee would be entitled to both workers' comp benefits (e.g., income replacement) and FMLA leave (which protects the employee’s job, but is unpaid). The FMLA also mandates the continuation of group health care plan coverage.
Q: Does an employee on FMLA also qualify for short-term disability (STD)?
A: Possibly. Whether an employee qualifies for STD depends on the specifics of the STD plan, particularly the employee eligibility provisions.
Key to remember: While employers may (but aren’t required to) ask employees for certifications and recertifications, they must be aware of the rules behind them. They must also know that FMLA leave can run concurrently with leave under other provisions.
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2025-12-23T06:00:00Z
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
2025 FMCSA year in review
As expected under the new Trump administration — and despite having an extensive wish-list — the Federal Motor Carrier Safety Administration (FMCSA) took few significant rulemaking actions in 2025.
Nevertheless, the year brought a crackdown on noncompliance, at least one significant compliance deadline, several policy changes, and numerous rulemaking proposals that are still in the works.
Here’s a recap of the biggest news of the year related to motor carrier safety regulations. Note that many changes had merely been proposed and were not yet finalized as of late December.
- Jan. 8: The FMCSA announced plans to launch a study of the effectiveness of warning devices for stopped vehicles, particularly in light of advances in automated driving systems.
- Jan. 16: The FMCSA granted a five-year exemption allowing an alternative path for individuals to become qualified to perform brake and annual vehicle inspections, if they have completed a training course using a curriculum consistent with one developed by the American Trucking Associations' Technology and Maintenance Council.
- March 31: New medical certification forms went into effect, with an “expiration” date of 3/31/2028 in the upper corner. Medical examiners were allowed to use up their existing stock of older forms.
- April 3: As part of the Trump administration’s push to roll back regulations, the DOT asked for public input on regulations that may be ripe for removal.
- May 9: Driver files could become a little lighter at the three-year anniversary of the removal (on May 9, 2022) of a requirement that drivers provide an annual list of their traffic violations. Since the lists only needed to be kept for three years, there’s no longer a need for any files to include them.
- May 20: A new enforcement policy directed that all roadside inspections include a two-part English proficiency test and that drivers be placed out of service starting June 25 if they fail the test.
- May 30: In response to a presidential directive to cut regulations, the FMCSA published a whopping 18 proposals taking aim at a broad range of requirements, albeit with minimal impact. As of late December, none of the proposals had been finalized.
- June 23: About a dozen states failed to meet the June 23 deadline to process medical certification information electronically, leading the FMCSA to issue a waiver that extended into January 2026, allowing drivers and motor carriers to rely on paper medical cards for up to 60 days.
- June 25: The May 20 enforcement policy on English proficiency went into effect, directing that drivers be placed out of service if they cannot meet the English proficiency standard. Thousands of drivers were impacted by year’s end.
- June 27: The FMCSA announced plans to launch two new pilot programs to study potential changes to the hours-of-service rules, including changes to the split-sleeper option and allowing drivers to pause the 14-hour limit with a short break.
- June 27: A nationwide audit of states issuing non-domiciled commercial licenses was launched. By year’s end, California, Colorado, New York, and Pennsylvania were highlighted as being out of compliance.
- July 1: The FMCSA announced that it was working on a DataQs appeals process and sought public input through the end of August. By year's end, no changes had been finalized.
- July 24: The FMCSA officially withdrew an effort to require speed limiters on heavy trucks, citing policy, safety, and data concerns.
- July 27: The Compliance, Safety, Accountability (CSA) program was updated with 38 new violations and changes to the way English proficiency violations are recorded.
- Sept. 2: The DOT proposed several changes to its drug testing rules in Part 40, including the addition of fentanyl to the testing panel. The changes have not yet been finalized.
- Sept. 29: A new rule placed restrictions on who is eligible to obtain a non-domiciled commercial driver’s license (but see Nov. 13).
- Sept. 30: As of October, the FMCSA announced that it is no longer accepting checks or cash payments for any fines or fees.
- Nov. 13: A federal appeals court placed an indefinite “stay” on the Sept. 29 licensing rule. In response, the FMCSA said it would revisit the rule in 2026. On Dec. 3, the court required the FMCSA to provide it with updates every 90 days beginning March 3, 2026.
- Nov. 17: The FMCSA renewed an exemption that allows the installation of auxiliary pulsating brake lamps on dry-van trailers and box trucks.
- Dec. 1: The FMCSA announced the launch of Motus, its new unified registration system. All customers will be granted access to the system in early 2026.
- Dec. 1: The FMCSA launched a new vetting process for electronic logging device (ELD) applications in an effort to keep noncompliant devices off the Registered ELD list.
- Dec. 1: The FMCSA announced the removal of nearly 3,000 entry-level driver training providers from its Training Provider Registry. Another 4,500 were notified of potential noncompliance.
- Dec. 8: Another three ELDs were added to the “revoked” list, bringing the year’s total to 28 revoked devices, the most in any one year since ELDs were first required.
Key to remember: Though light on regulation changes, 2025 nevertheless brought several impactful actions from the FMCSA and U.S. DOT.
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2025-12-23T06:00:00Z
NewsIndustry NewsFleet SafetyTransportationFocus AreaIn-Depth ArticleFleet OperationsEnglishDriver recruiting and retentionDriver recruiting and retentionUSA
Pet-friendly trucking: Done right, a plus for recruiting and retaining drivers
For many long-haul truckers, life on the road can feel isolating. Allowing drivers to bring a pet along can improve retention and recruitment. Pets transform the on-road experience, offering companionship and emotional support. However, along with the benefits, there are safety considerations before allowing pets in a commercial motor vehicle (CMV).
Benefits
Companionship - Interacting with animals while on the road can lower stress and anxiety, helping drivers maintain a positive mindset during demanding schedules.
Physical activity and routine - Dogs, in particular, encourage regular breaks for walks and exercise. This benefits the pet and promotes driver health. Breaks from driving can reduce the risk of blood clots, especially deep vein thrombosis.
Job satisfaction - Having a familiar companion can make the cab feel more like home, improving morale and retention in an industry where turnover is high.
Safety considerations
Restraint systems – Pets should not roam freely in the cab while the truck is in motion. Unrestrained animals can become dangerous distractions or even projectiles during sudden stops. Use crash-tested harnesses, carriers, or crates secured to the cab.
Temperature control – CMVs often idle during breaks, but relying solely on this for climate control can be risky. Extreme heat or cold can quickly become life-threatening for pets. Never leave pets unattended for long periods.
Space and comfort – Even the largest trucks have limited living space. Ensure your pet has enough room to move and access food and water. Overcrowding can lead to stress and health issues for the animal.
Health and hygiene – Long trips require planning for pet food, water, and waste disposal. Require drivers to keep the cab clean and encourage them to schedule veterinary checkups, as well as carry vaccination records in case of emergencies or inspections.
Safety compliance – Confirm customer location animal policies. Also, many states have regulations regarding:
- Distracted driving laws that could apply to unrestrained pets interfering with safe driving, and
- Restraint requirements to have the pet in a safety harness or seat belt attachment, secured crate, or behind a vehicle barrier.
Keys to remember: Allowing drivers to bring a pet on the road can make trucking life more enjoyable and a carrier more attractive to potential recruits. A pet policy should consider cab cleanliness, safety restraints, and compliance with laws and customer site policies, so the driver and pet stay safe and comfortable.
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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.