Regulatory Compliance News & Updates
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Safety & Compliance News
FEATURED NEWS
2026-04-01T05:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Breaking down the FMLA's 4 leave year options
The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of job-protected, unpaid leave in a 12-month leave year period for qualifying reasons.
Employers generally get to decide how to calculate the 12-month leave year. They may choose from four options:
- The calendar year,
- Any fixed 12-month leave year, such as a fiscal year,
- The 12-month period measured forward from the date an employee's first FMLA leave begins, or
- A “rolling” 12-month period measured backward from the date an employee uses FMLA leave.
Calendar year
The calendar year is pretty self-explanatory. It begins on January 1 and ends on December 31. If an employee’s leave begins on December 15 and ends on February 2, the leave from December 15 until December 31 is in one leave year, and the rest is in a new leave year.
With this method, employees can “stack” leave. An employee could, for example, take 12 weeks of FMLA leave from mid-October until the third week of March. While the employee takes 24 consecutive weeks of FMLA leave, 12 of the weeks are in one leave year, and the other 12 weeks are in the following leave year. The employee would have no more FMLA leave available until January 1 of the next year.
Fixed 12-month period
This method operates much like the calendar year method, but doesn’t start on January 1. If employers choose an employee’s anniversary date, for example, each employee will have a different leave year, which could make tracking leave a bit of a challenge. Selecting a more unified option, such as a company’s fiscal year, makes leave tracking easier.
Either way, this method also allows employees to stack their leave.
Measured forward
With this method, when an employee takes FMLA leave for the first time, that’s when each employee’s individual leave year begins. If, for example, an employee first took FMLA leave on March 12, 2026, their leave year would run from that date to March 12, 2027.
Just because the employee first took leave on March 12 doesn’t mean that the leave year will always begin on that date. The leave year could change. If that same employee subsequently took leave beginning July 22, 2027, the new leave year would run to July 22, 2028.
Rolling backward
Under this method, the 12 months aren’t static — they “roll.” Each day begins a 12-month new leave year. Every time an employee takes FMLA leave, the employer looks back 12 months and determines how much leave the employee took in those 12 months. That amount is subtracted from the 12-weeks of FMLA leave. The balance is how much FMLA leave the employee has available on that particular day. The next day, the employer makes the same calculation.
While the rolling backward method is the most employer-friendly of the four choices, and it avoids the stacking of leave, it makes calculating leave amounts more challenging because it’s always changing.
State laws
While these four leave-year options apply to federal FMLA leave, states with their own leave programs in place might have different requirements. Wisconsin, for example, has a state family and medical leave law that requires employers to use a calendar year. According to the U.S. Department of Labor, employers in Wisconsin that are covered by both laws must, therefore, use the calendar year method.
Key to remember: Employers may choose from four methods to identify the 12-month leave year during which eligible employees may take FMLA leave.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2026-04-01T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
Even essential workers get FMLA leave
Bill was the county sheriff. Albert, who worked for the sheriff’s department, was considered an “essential” employee as part of the county’s emergency response plan.
As an essential employee, Albert was expected to remain on shift during emergency events, such as hurricanes. Albert also had a wife with serious health conditions. County employees were expected to notify Risk Management when the need for leave under the federal Family and Medical Leave Act (FMLA) arose.
Hurricane Irma
Before Hurricane Irma in September 2017, Albert asked for “special consideration” so that he could be allowed to stay home with his wife during hurricanes. The sheriff’s office approved of this.
Thereafter, Albert took FMLA leave to care for his wife. But around February 2022, Albert no longer needed intermittent FMLA leave because he had more work flexibility as a supervisor and was able to provide care for her around his work schedule.
Hurricane Milton
Then came Hurricane Miton in October 2024. Albert requested the time off but was denied, as he was an essential employee. He was told to report to work, or the case would be taken to HR, and his job could be at risk.
On October 9, during his shift, Albert’s wife called about the threat of a tornado and thought she was having a heart attack. Albert decided to leave work to go home and told a manager that he was leaving. He never contacted Risk Management regarding his need to leave, as no one from that office was there.
On October 11, the employer fired Albert for abandoning his job during an emergency event.
The complaint and the result
The following January, Albert filed a complaint asserting FMLA violations.
The employer argued that Albert:
- Didn’t qualify for or wasn’t entitled to FMLA benefits because his wife only thought she was having a heart attack,
- Didn’t provide adequate notice for leave, and
- Was fired for a legitimate reason unrelated to his request for FMLA leave.
The court didn’t buy the employer’s arguments. The first argument failed because the evidence was sufficient to allow a jury to find that Albert’s wife suffered from a serious health condition without actually having a heart attack.
The court also found that the evidence showed that Albert gave enough notice of his need for unforeseeable leave. The employer was well aware of his wife’s condition.
The last argument failed because the employer allowed other employees to be absent during hurricanes, contradicting its claim of abandonment; others who didn’t report to work during Hurricane Milton had their badges revoked, but Albert was fired, and the employer fired Albert soon after his leave request.
Therefore, the court denied the employer’s request to have the case dismissed and allowed it to proceed to a jury.
Burrows v. Prummell (Sheriff of Charlotte County, Florida), Middle District of Florida, No. 2:25-cv-11, January 26, 2026.
Key to remember: Even if employees are essential for a particular function, even during emergencies, they are entitled to take FMLA leave for a qualifying reason.
Keep reading...Show less
2026-03-31T05:00:00Z
NewsTier II Inventory ReportingIndustry NewsCERCLA, SARA, EPCRACommunity Right to KnowEmergency Release PlanningEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishSARA ComplianceFocus AreaUSA
EPCRA inventory reports: A case study in federal, state, and local collaboration
Environmental regulations require many facilities to report annual inventories of the hazardous chemicals they use or store. Have you ever considered the impact that this information has beyond regulatory compliance? Reporting facilities, whether they realize it or not, serve an essential role in local emergency response planning.
The Environmental Protection Agency’s (EPA’s) Hazardous Chemical Inventory Reporting program under the Emergency Planning and Community Right-to-Know Act (EPCRA) offers a prime example of how collaboration among the federal, state, local, and facility levels supports safer communities.
What’s EPCRA's inventory reporting program?
The Occupational Safety and Health Administration (OSHA) requires facilities to keep Safety Data Sheets (SDSs) for any hazardous chemical used or stored in the workplace. Facilities that use or store the chemicals on-site at or above certain thresholds at any one time are subject to EPCRA’s Hazardous Chemical Inventory Reporting program. Regulated facilities must report information about the hazardous chemicals to the:
- State Emergency Response Commission (SERC),
- Local Emergency Planning Committee (LEPC), and
- Local fire department.
What’s reported?
EPA’s EPCRA inventory program consists of two reporting requirements under Sections 311 and 312 of EPCRA.
SDSs/lists
Section 311 of EPCRA requires facilities to submit the SDSs for or a list of the hazardous chemicals used or stored on-site at or above the reporting thresholds to the SERC, LEPC, and local fire department.
SDSs usually include comprehensive information, such as:
- The composition of ingredients,
- Physical and health hazard information, and
- First aid and firefighting measures.
If a facility opts to list the chemicals, it must group them by hazard categories and include each chemical’s name and any hazardous components as identified by the SDS. This is generally a one-time submission for each hazardous chemical. However, if a facility submits an SDS for a hazardous chemical and later discovers significant new information about it, the facility has to send an updated SDS to the SERC, LEPC, and local fire department.
Annual inventories
Under Section 312 of EPCRA, facilities must also submit an annual inventory (known as the Tier II inventory report) of the hazardous chemicals used or stored on-site at or above the reporting thresholds to the SERC, LEPC, and local fire department by March 1.
Facilities should check state regulations to confirm Tier II reporting thresholds, as they may be more stringent.
The Tier II inventory report requires information on the covered hazardous chemicals used or stored at the facility during the previous calendar year, including:
- The locations of the chemicals,
- The amounts of the chemicals, and
- The potential hazards of the chemicals.
How do inventories support emergency planning?
Inventory reports provide information that’s vital to effective emergency response planning. Specifically, the inventories tell state and local officials about where hazardous chemical releases may occur and the risks that such releases may pose. Equipped with an accurate view of these hazards, officials can build and maintain effective emergency response plans for their communities.
Each participant in the emergency planning effort plays a distinct role:
- Reporting facilities provide the SERCs, LEPCs, and local fire departments with the information they need to build effective response plans, such as the types of chemicals on-site and their quantities, locations, and possible hazards.
- SERCs designate local emergency planning districts and appoint and supervise LEPCs. They also establish the inventory reporting procedures, review local emergency response plans, and process information requests from the public.
- LEPCs use inventory reports to develop and update emergency response plans that address each community’s unique risks.
- Local fire departments use the inventory reports to understand the potential chemical-related risks they may encounter at specific facilities. By knowing where the chemicals are and the potential hazards they pose, fire departments can improve personnel training and identify the most appropriate ways to respond to chemical emergencies.
Ultimately, reporting facilities aren’t just meeting a compliance requirement; they’re also supporting safer communities.
Key point: EPCRA’s hazardous chemical inventory requirements provide an example of effective collaboration between EPA, state and local officials, and facilities to prepare communities for chemical emergencies.
Keep reading...Show less
2026-03-31T05:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Short on time? Try a mini-training session
Ongoing driver training is essential to maintaining a safe and compliant fleet, yet it often gets postponed or delayed by other business priorities. Mini-training sessions are a simple way to combat this issue without disrupting daily operations.
How do these sessions work?
Much like toolbox talks in the construction industry, these brief sessions take about five to fifteen minutes and focus on a single issue or a portion of a larger topic, making it easy to integrate learning into even the busiest schedules.
For example, a specific aspect of the hours-of-service rule, such as the definition of on-duty time or how the 14-hour duty rule works, could be addressed during one of these short training sessions.
Other topics that work well in a mini-training session format include:
- Hazard perception,
- Safety belt use,
- Road construction/work zone safety,
- Lifting techniques, and
- Severe weather safety.
Use a mix of instructional techniques
When preparing your mini-training session, consider incorporating a mix of instructional techniques to help convey your message. Use of multiple methods during the same training session aids in retention and reinforces key takeaways. Examples of techniques that can be used in this time-sensitive training format include:
- Handouts covering the session’s main points,
- Question and answer session,
- Demonstration,
- Discussion, and
- Drills or exercises that include class participation.
Key to remember: Mini‑training sessions provide a quick, effective way to deliver ongoing driver education without disrupting daily operations.
Keep reading...Show less
2026-03-31T05:00:00Z
NewsIndustry NewsCompliance reviews - Motor CarrierFleet SafetyEnglishFines and penalties - Motor CarrierFocus AreaIn-Depth ArticleEnforcement - DOTTransportationUSA
Coming soon: New FMCSA enforcement playbook
The DOT is soon expected to issue a new rule that will affect how the Federal Motor Carrier Safety Administration (FMCSA) writes new guidance and runs enforcement cases. Though it may sound like inside-baseball, for motor carriers it could change the outcome of audits, investigations, and even settlement talks.
According to the DOT, the new “rule on rules” is aimed at making the enforcement process more fair, well-documented, and based on clear legal authority, not a game of “gotcha.” The rule was proposed a year ago and recently got the White House’s stamp of approval, clearing the way for final publication.
No fishing
As proposed, the rule directs the FMCSA and other DOT agencies to avoid “fishing expeditions” without enough evidence in hand to support an enforcement claim. It also spells out what an enforcement notice should include — what rule you allegedly violated, the key facts, and what rights you have to challenge it and “avoid unfair surprise.”
Transparency is another key component. The rule will require agencies to share potentially exculpatory evidence — basically, information in the government’s hands that could help you defend yourself or reduce the penalty. The proposed version of the rule states that “making affirmative disclosures of exculpatory evidence in all enforcement actions will contribute to the [DOT’s] goal of open and fair investigations and administrative enforcement proceedings.”
The rule is also expected to reinforce the fact that guidance documents — including interpretations issued by the FMCSA and often published along with FMCSA regulations — are not legally binding. In addition, agencies will need to take additional steps in the guidance development process, such as doing cost-benefit analyses and legal review, and getting public input.
Many of the changes in the proposed rule were in place prior to 2021 but were rescinded by the previous administration.
A new era for enforcement
One of the most intriguing changes in the rule will allow motor carriers to petition the DOT to argue that their staff violated procedural requirements. If the carrier wins, the proposed remedies go beyond a scolding for the investigators. They could include:
- Removing the enforcement team,
- Excluding certain issues or evidence,
- Ordering certain factual findings, or
- Restarting the enforcement action from the beginning or from an earlier point in the proceedings.
FMCSA enforcement cases dropped dramatically last year even without the new rule; the future may hold even fewer once the proposed changes go into effect.
Key to remember: A new “rule on rules” from the DOT is expected soon, and it could change the FMCSA’s enforcement playbook.
Keep reading...Show less
2026-03-31T05:00:00Z
NewsIndustry NewsFleet SafetyPassenger vehiclesPassenger carriersFocus AreaIn-Depth ArticleEnglishTransportationUSA
Is your shuttle bus legal? 5 questions every operator should ask
Small shuttle bus vehicles often fly under the regulatory radar — until there’s a crash. Many vans designed for 9–15 passengers, for example, are regulated as commercial motor vehicles (CMVs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs). This exposes unsuspecting operators to citations, penalties, and litigation risk.
5 questions to address
Motor carriers and operators who drive small vehicles should work through the five questions below to determine whether federal or state regulations apply — and whether it’s time to dig deeper or seek professional guidance.
1. Does the vehicle operate interstate or intrastate?
Interstate commerce includes transportation that’s part of a larger trip that begins or ends in another state. Prearranged transportation to or from an airport is one example, even if the vehicle itself never leaves the state.
Intrastate commerce, by contrast, stays entirely within one state and isn’t connected to an interstate journey. Intrastate shuttle operations, however, may still be regulated under state motor carrier safety rules that closely mirror federal requirements.
2. How many passengers is the vehicle designed to carry?
In interstate commerce, the FMCSRs apply to vehicles designed or used to transport 9–15 passengers, including the driver, when compensation is involved. Vehicles designed to carry more than 15 passengers, including the driver, are considered CMVs regardless of compensation.
Importantly, removing seats doesn’t change the vehicle’s original design rating.
3. What is the vehicle’s weight?
Weight can trigger regulation even when passenger count or compensation doesn’t. If a vehicle has a gross vehicle weight rating (GVWR) or actual weight of 10,001 pounds or more, it may be subject to the FMCSRs regardless of passenger capacity or whether anyone is paying for the ride.
States differ in how weight thresholds are used for intrastate regulation, so operators should confirm how state CMV definitions apply to their fleets.
4. Is it a ‘for-hire’ operation?
For‑hire passenger carriers transport passengers for direct or indirect compensation as follows:
Direct compensation: This includes fares, tickets, or payments made on the passenger’s behalf, including donations.
Indirect compensation: This occurs when transportation is bundled into a larger service or package, such as lodging, tours, or event admissions.
For interstate vehicles designed for 9–15 passengers, compliance obligations are as follows:
Operations involving direct compensation or vehicles weighing 10,001 pounds or more must:
- Register with the FMCSA;
- Display a USDOT number; and
- Comply with driver qualification, hours‑of‑service, and maintenance rules.
Operations involving indirect compensation only using vehicles under 10,001 pounds must:
- Register and display a USDOT number,
- Maintain accident records, and
- Comply with texting and handheld mobile phone prohibitions.
5. Is the shuttle operation private?
Private motor carriers of passengers (PMCPs) don’t charge fees, but are divided into two categories:
- PMCP Business: These are companies that operate employee shuttles and must comply with most FMCSRs but are exempt from federal insurance requirements.
- PMCP Non Business: These include such groups as churches or charities. They must operate safely and meet basic FMCSR requirements but are exempt from many recordkeeping and administrative rules.
- These exemptions include:
- Insurance requirements;
- Driver qualification files;
- Medical examinations (while still meeting minimum physical standards);
- Logs, though hours‑of‑service limits still apply; and
- Maintenance records and driver vehicle inspection reports.
- These exemptions include:
From awareness to action
To confirm if the FMCSRs or state safety regulations apply to a shuttle operation, these steps can reduce risk:
- Consult a regulatory expert.
- Conduct an audit internally or through a third party.
- Develop an action plan, assign ownership, and reassess compliance regularly.
Key to remember: Knowing when federal or state rules apply to a shuttle operation is essential to minimizing enforcement exposure, liability risk, and operational disruption.
Keep reading...Show less
Search all news
Got a Compliance Question?
We’ve Got You Covered!
Get clear, reliable answers from experts with 500+ years of combined experience.
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.