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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
2025-12-15T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyToxic and Hazardous Substances - OSHAIn-Depth ArticleEnglishFocus AreaToxic and Hazardous Substances - OSHAUSA
Medical screening or surveillance — Which is best for illness prevention?
Without understanding the difference between medical screening and medical surveillance, employers can’t fully protect workers from exposure or potential illness. Both are fundamental for optimizing employee health; however, they are separate and distinct concepts. Medical screening is, in essence, only one component of a comprehensive medical surveillance program.
The difference in a nutshell
The fundamental purpose of medical screening is early diagnosis and treatment of an individual; thus, it has a clinical focus. It may be a single case or repeated event that is aimed at detecting health issues before symptoms appear, such as through physical exams or biological testing.
On the other hand, the fundamental purpose of medical surveillance is to detect and eliminate the underlying causes (i.e., hazards/exposures) of any discovered trends and, therefore, focuses on prevention. It takes a broader, proactive approach, analyzing health data across groups of workers to identify and eliminate underlying workplace hazards or exposures.
When are screening and surveillance needed?
Medical screening is typically required in the following situations:
- Pre-employment for jobs involving exposure to hazardous substances (e.g., lead, asbestos, benzene);
- Periodically for employees working in environments with regulated toxins, excessive noise, or respiratory risks;
- Post-exposure following incidents involving bloodborne pathogens or chemical spills; and
- Job-specific risk assessments, such as for healthcare personnel, where screening helps identify infectious disease risks and immunity status.
Medical surveillance is necessary when workers are exposed to specific health hazards where ongoing monitoring can help detect early signs of occupational illness, ensure regulatory compliance, and guide protective interventions. Specific hazardous materials for which medical surveillance protocols would be triggered include:
- Acrylonitrile
- Arsenic, Inorganic
- Asbestos
- Benzene
- Bloodborne Pathogens
- 1,3-Butadiene
- Cadmium
- 13 Carcinogens
- Coke Oven Emissions
- Compressed Air Environments
- Cotton Dust
- 1,2-Dibromo, 3-Chloropropane (DBCP)
- Ethylene Oxide (EtO)
- Formaldehyde
- Hazardous waste and emergency operations (HAZWOPER)
- Hazardous Chemicals in Laboratories
- Hexavalent Chromium (Chrom VI)
- Lead
- 4,4’ Methylenedianiline (MDA)
- Methylene Chloride (MC)
- Noise
- Silica, Crystalline
- Tuberculosis
- Vinyl Chloride (chloroethene)
What does an effective medical surveillance program entail?
Key elements of a successful medical surveillance program include:
- Exposure assessment identifies and evaluates workplace hazards including chemicals, noise, or biological agents to determine which employees are at risk and what type of monitoring is needed.
- Baseline and periodic health examinations establish a health benchmark before exposure tracks changes over time, including physical exams, lab tests, and functional assessments tailored to specific job risks.
- Biological monitoring tests biological samples, such as blood, urine, etc., to detect the presence of hazardous substances and provides insight into internal exposure levels.
- Data collection and trend analysis helps identify patterns, emerging risks, and the effectiveness of control measures.
- Medical removal procedures are steps used to temporarily reassign or remove workers from exposure to prevent further harm. Medical removal is typically triggered by specific findings during biological monitoring that show threshold limits have been exceeded.
- Employee training and communication ensures workers understand the purpose of surveillance, their rights, and the results of their health assessments. Frequent, consistent, and transparent communication builds trust and encourages participation in the program.
- Regulatory compliance requires medical surveillance programs to align with OSHA and other relevant standards.
- Documentation and recordkeeping ensures records of exposures, medical evaluations, and follow-up actions are accurate for compliance, long-term health assessments, business continuity, and legal protection.
- Program evaluation and continuous improvement is essential to ensure the program remains effective, adapts to new risks, and incorporates the latest best practices and technologies.
Key to remember: By distinguishing between medical surveillance and medical screening, employers can better align their safety efforts with regulatory requirements and proactively reduce risks, ultimately fostering a healthier, more resilient workforce
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RECENT INDUSTRY HIGHLIGHTS
2025-12-15T06:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingTraining & DevelopmentFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationHuman Resources
TPR audits explained: How to keep your school off the CDL mill list
After the recent removal of over 3000 CDL trainers, labeled as CDL mills, from the Training Provider Registry (TPR), and notice of 1500 in-person audits, schools and trucking companies alike are hoping to be found compliant with their training program. If you have received a notice of audit, don’t panic. Review your files, be sure you have the correct documentation, and know how to access it.
What prompted this “crackdown”?
Beginning in 2022, truck driving schools are required to register with the Federal Motor Carrier Safety Administration (FMCSA) to offer CDL training. The schools are required to meet minimum training standards and self-certify that they will meet these standards when they register on the TPR to provide this training. All CDL trainees must complete training at a school registered on the TPR before they can take a skills test to obtain a CDL. Like a motor carrier audit, CDL schools are audited to confirm compliance, and an alarming number of providers on the registry were recently found to have serious violations.
Why are providers being removed?
The most common reason for removal is some form of documentation deficiency. If training is not documented, there is no evidence it was actually completed. The Entry Level Driver Training (ELDT) requirements include documenting and retaining documentation of all training. Other reasons for removal are:
- Falsifying records — Inaccurate information or back dated paperwork • Incomplete ELDT curriculum coverage — Failing to train to the federal standards due to state CDL testing requirements. Known as training to the test.
- Unqualified instructors — Using instructors without the proper experience or failing to collect evidence of that experience.
- Inadequate facilities — Classrooms, ranges, or training vehicles do not meet the minimum standards.
I received an audit notice, now what?
Pay attention to the details of the notice. Often it outlines the specific items the auditor will be inspecting. Gather this information and be sure it will be easily accessible on the day of the audit. Being prepared is a sign of competency. Prioritizing the arrival of the auditor can go a long way. You will need to provide:
- Any licensing or certifications required by the state or states you operate in. Not-for-hire schools, such as motor carriers who only train employees, are sometimes exempt from these requirements. In this case, you will need to show the state regulation that exempts your organization.
- A written lesson plan. This outlines the method of delivering your training. Demonstrate how you will provide theory training, the setting in which you will provide behind-the-wheel training, the vehicle types you will use, and the scoring requirements to gauge proficiency. • Documentation related to vehicles. Be prepared to show current registration, annual inspection, and proof of insurance for all units used in the training. If any of this information does not apply to the use of a particular vehicle, note that it is only used in specific training. As an example, an unregistered trailer could potentially be used to learn to inspect a vehicle, but would not be used on a public road.
- Documentation related to trainer qualifications. Trainer qualification files are similar to driver qualification files. They must include a current CDL, medical qualification, proper endorsements, and drug and alcohol testing. In addition, trainer files need to have verification of the trainer’s experience.
- Documentation of driver-training assessment. Records are required for all training. This should include scores and a timestamp. Documentation demonstrates progressive learning and total training time for each trainee.
- A list of all training applicants that training was provided for, a copy of each Commercial Learner Permit (CLP), and a self-certification for each applicant that they will comply with all federal and state regulations, including substance testing.
Key to remember: Complete, accurate training files that are readily accessible are paramount to success in an audit.
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2025-12-15T06:00:00Z
NewsChange NoticesChange NoticeUnions/Labor RelationsUnions/Labor RelationsAssociate Benefits & CompensationCaliforniaAssociate RelationsHR GeneralistLabor Law PostersHR ManagementEnglishLabor Law PostersFocus AreaHuman Resources
California requires Workplace Know Your Rights Act notice
Effective date: February 1, 2026
This applies to: All employers
Description of change: Employers must provide a stand-alone written notice about the Workplace Know Your Rights Act to employees by February 1, 2026, and annually after that. The Workplace Know Your Rights Act notice may be provided through personal service, email, or text message, if it can reasonably be anticipated to be received by the employee within one business day of sending. The notice is also to be provided to each new employee and is also provided annually to the employee’s authorized representative, if any, by either electronic or regular mail. The notice includes information about rights relating to workers’ compensation, union organizing, and immigration-related practices. The state is to create a sample notice by January 1, 2026.
View related state info: Unions - California
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2025-12-11T06:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyElectronic logging device (ELD)Electronic logging device (ELD)Focus AreaFleet OperationsEnglishTransportationUSA
3 ELDs removed from FMCSA’s list
Three devices were recently removed from the FMCSA’s list of registered electronic logging devices (ELDs):
- PSS ELD (from Pioneer Safety Solutions LLC)
- Black Bear ELD (from Black Bear ELD)
- RT ELD Plus - ACCURATE ELITE (from Rollingtrans)
Due to a failure to meet the minimum requirements of 49 CFR 395, Subpart B, Appendix A, the Federal Motor Carrier Safety Administration (FMCSA) has moved these devices to its “revoked devices” list as of December 8, 2025.
Many ELD providers remove their devices from the list voluntarily, but the FMCSA has the authority to remove any ELD that does not comply with regulations.
Next steps for commercial carriers
Commercial carriers and drivers who use the above-listed devices must stop using the devices and switch to paper logs or logging software to record their hours of service.
In addition, before February 7, 2026, they must replace the devices with ELDs listed on the FMCSA’s ELD registry and begin using those compliant devices.
ELD providers who correct device deficiencies can be placed back on the list of registered devices. The FMCSA will inform the industry when revoked devices are compliant again.
ELD compliance standards
During the 60-day replacement period, the FMCSA has instructed safety officials to review affected drivers’ hours-of-service data using logging software, paper logs, or the ELD display.
After February 7, 2026, any motor carrier that continues to use the revoked devices will be considered operating without an ELD. Drivers will be placed out of service and cited for “No record of duty status” (395.8(a)(1)).
Review the full list of registered devices at https://eld.fmcsa.dot.gov/List.
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2025-12-11T06:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
Preparing the HMR for the age of automation
Imagine a drone delivering a package that contains hazmat, or a driverless truck hauling chemicals down the interstate. These scenarios aren’t science fiction, they’re closer than you think. The Pipeline and Hazardous Materials Safety Administration (PHMSA) is asking a critical question: how do we keep hazmat transportation safe in an era of automation?
PHMSA has issued an Advance Notice of Proposed Rulemaking (ANPR) to gather input on updating the Hazardous Materials Regulations (HMR) to accommodate highly automated transportation systems. These systems include technologies like unmanned aircraft, automated driving systems, and even autonomous ships. The goal is to modernize regulations without sacrificing safety, while supporting innovation that could reshape how hazardous materials move across the country.
Why now?
Current regulations were designed for traditional transportation human drivers, crewed aircraft, and manual loading. Automation changes everything. It’s intended to improve efficiency and have fewer human errors, but it also introduces new challenges:
- How do emergency responders access shipping papers when there’s no driver?
- What happens if a drone carrying hazmat crashes in a neighborhood?
PHMSA officials indicate they want to support innovation without compromising safety. To do that, they need input from the hazmat community.
Areas under review
PHMSA’s ANPR outlined several topics where automation could impact compliance:
- Special permits — Should the process be adopted for automated systems like drones?
- Shipping papers and emergency response — How do we provide critical information when no one is on board?
- Hazard communication — Labels and placards work for trucks and railcars, but what about drones?
- Training — If automation reduces human involvement, what does hazmat training look like?
- Security — Cybersecurity risks are now part of the equation.
- Packaging and handling — New platforms may require new packaging standards.
Mode-specific considerations
PHMSA is also looking at how automation affects each mode of transportation:
- Rail — No automated hazmat rail yet, but waivers for automation exist.
- Air — Drones and advanced air mobility systems are already moving toward package delivery.
- Vessel — International efforts are underway for autonomous ships.
- Highway — Driverless trucks could change everything from loading to emergency response.
Your voice matters
PHMSA’s not making changes yet. However, they are gathering input. They want to know:
- What safety concerns and benefits do you see?
- Are current packaging and hazard communication rules adequate?
- How should cybersecurity risks be addressed?
- What economic impacts could these changes have, especially for small businesses
Comments are due by March 4, 2026, and can be submitted via regulations.gov under Docket No. PHMSA-2024-0064 (HM-266).
Key to remember: Automation is coming, and it’s coming fast. Whether you’re a carrier, shipper, emergency responder, or safety advocate, your input will help PHMSA find a balance.
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2025-12-11T06:00:00Z
NewsIndustry NewsHR PoliciesPolicies and ProceduresHR GeneralistIn-Depth ArticleUSAAssociate RelationsEnglishHR ManagementFocus AreaHuman Resources
Has remote work killed the snow day?
When a business shuts down because of severe weather, it affects productivity and revenue. Conversely, staying open can put employees’ safety at risk.
The increase in remote work, however, may mean fewer employees calling out when they’re snowed in, mitigating both revenue loss and risk for employers.
Whether or not remote work is an option, employers should address concerns that can accompany bad weather in an inclement weather policy. The policy should include contingencies for both closing and remaining open during storms, as well as other disasters (natural or otherwise). It should specify if those who can’t make it in are expected to work remotely.
The policy can be in an employee handbook, but it’s also a good idea to provide employees with a reminder at the beginning of every severe weather season, or when severe conditions are forecast.
What to include in an inclement weather policy
For employees who always work from home: Specify that it’s business as usual unless the severe weather somehow impacts their ability to do their jobs remotely. For example, an employee who experiences a power outage at their remote location can’t be expected to work during the outage. Or, if coworkers and systems they depend on to do their jobs are affected by the storm, they may not be able to work.
For hybrid employees: If bad weather occurs on a day they were scheduled to come in, they should opt to work from home that day instead.
In-office employees able to work from home: Providing an option for telecommuting on bad weather days could help alleviate issues. Your policy should outline which employees are allowed to work from home if they feel it’s unsafe to travel to work, and which positions are essential, meaning they must report to the physical workplace. Those who are able to work from home must take their laptops and other necessary tools home with them every night to ensure they’re able to work from home should a storm blow in overnight.
Defining inclement weather: Your policy should indicate who decides whether to remain open, close early, or close all day. Provide this person with guidelines for what constitutes “inclement weather” in your area. It’s usually defined as weather that causes major disruption to transportation, businesses, and schools. While 3 inches of snow may shut down roads in Texas, it would not likely cause alarm in Minnesota.
Assessing liability risk: The decision maker should also understand the liability risks your company faces if it stays open during severe weather. For example, with the onset of winter, employers in northern climates can expect snow to occasionally create hazardous traveling conditions. While there are always exceptions to the rule, commuting to and from work — even in a blizzard — isn’t generally covered by workers’ compensation. Employers aren’t typically liable for accidents that may occur during an employee’s regular commute. However, employers can be liable for accidents, such as slips, trips, and falls, on company property caused by weather conditions. When evaluating whether to close, employers will want to consider their ability to provide a safe working environment (including parking lots and sidewalks) during inclement weather.
Notifying employees: The policy should clearly outline how closures will be communicated to employees. Companies might notify employees via email or text message or provide a telephone number for employees to hear a recorded message. Some companies also submit notices to the local radio and television stations to be included with school and community closures.
Paying employees: The obligation to pay employees during a shutdown depends on whether the employees are exempt (“salaried”) or nonexempt (“hourly”). Under federal law, for nonexempt employees, the answer is simple; they’re paid only for hours actually worked. If they don’t work because the business is closed or the employer sends them home early, they need not be paid (state laws may vary). They could, perhaps, use paid time off (i.e., PTO, vacation time, etc.) to cover an absence. Exempt employees must generally be paid their normal weekly salary, unless the business is closed, and no work is performed for a full workweek. Federal regulations prohibit salary deductions for exempt workers for days when work isn’t available, including weather closings. In most states, exempt employees could be required to use PTO.
Impact on morale: Staying open during hazardous weather could negatively impact employee morale. If schools are closed, parents will have an unexpected need for childcare, and poor driving conditions may result in more stressful commutes. It could also give employees the impression that you aren’t concerned about their safety and well-being.
Key to remember: Before the snow flies, make sure your inclement weather policy is ready. In addition to creating a policy, you might need to communicate with managers on how to address essential employees who choose not to report during inclement weather, even when the business remains open.
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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.