SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2026-01-15T06:00:00Z
NewsIndustry NewsFleet SafetyIn-Depth ArticleCMV Parts and MaintenanceFocus AreaMaintenance and periodic inspectionsFleet OperationsEnglishTransportationUSA
Decoding the FMCSRs: Why history matters for CMV compliance
The key to truly understanding the Federal Motor Carrier Safety Regulations (FMCSRs) often lies in their history.
Today’s regulatory language was shaped by decades of debate and compromise, much of it documented in the Federal Register, the government's official daily newspaper. Knowing the backstory of a regulation can not only answer persistent “why” questions, but also help understand the meaning behind the words and, ultimately, how to comply.
Consider these four examples when it comes to commercial motor vehicle inspection and maintenance requirements in 49 CFR Part 396.
“1 year and for 6 months”
Originally, carriers were required to retain inspection and maintenance records for 3 years. In 1979, the Federal Register documented a shift, reducing the retention period to “a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier’s control,” as currently stated in 49 CFR 396.3.
The lack of a comma in that phrase has caused confusion ever since. Are the records to be maintained for 6 months after a vehicle is disposed of, or 18 months?
Fortunately, that 1979 document has the answer, stating the current requirements in a much clearer way:
“The time period for retaining the inspection and maintenance records is being reduced from the current 3-year requirement to 1 year. Once the vehicle leaves the service of the carrier, the records need only be maintained for 6 months.”
“Preceding 12 Months”
Regulations for the periodic inspection in 396.17 require each vehicle to have been inspected “at least once during the preceding 12 months.” Does that mean the next inspection must be completed within 365 days of the last one, or that it must be completed before the end of the month, 1 year later, potentially allowing nearly 13 months between inspections?
The answer lies in a 1988 Federal Register when the rule was first adopted. It says the USDOT considered adding “365 days” to the rule but got pushback from the industry, which argued that “a day-specific requirement was too restrictive and inconsistent with most inspection program periods.”
As a result, the inspection sticker need only contain the month and year of the last inspection, and most enforcement agencies allow a grace period for the next inspection until the end of the month. However, completing each subsequent inspection within 365 days is highly recommended since that’s the common understanding of “12 months.”
Lubrication records
The regulations in 396.3 used to specify that lubrication records must be retained, but the rules no longer say that. So if today’s regulations only say you need to keep records of “inspection, repairs and maintenance,” does that include lubrication records?
The answer is yes, and it dates back to 1994 when the USDOT stated that “the lubrication record … is a maintenance record, [so] the requirement is redundant.”
Bottom line: lubrication is considered part of “maintenance” and therefore you must maintain all lubrication records for at least 12 months.
We need the tire size?
Many motor carriers are surprised that “tire size” is a required record in a vehicle file. It’s nestled among a list of vehicle details that must be retained, such as the make, serial number, and year. But why tire size?
Tire size used to be one of several tire details that carriers had to retain, including the number of tires and their load rating. The industry was questioning the need for such details as far back as the 1970s, leading the USDOT to remove some (but not all) of them in 1979, when it wrote in the July 2nd edition of the Federal Register:
“The suggestion that tire records are not needed has been carefully studied. Tire size has a direct bearing on the load-carrying capacity of a vehicle, but ply rating or load rating may not be needed. The load or ply rating will be dropped, but size of tires will be retained.”
Tire size may seem out of place in today’s vehicle files, but at least the government provided a safety-based justification — even if we must look back nearly 50 years to find it.
Key to remember: Regulatory language is never arbitrary. To truly understand why the regulations are worded the way they are, motor carriers must sometimes look beyond the text and understand the story behind the rule.
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RECENT INDUSTRY HIGHLIGHTS
2026-01-15T06:00:00Z
NewsDebt Collection PracticesIn-Depth ArticleUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsCompensationWage and HourWage and HourPayrollCompensationHR GeneralistFair Labor Standards Act (FLSA)Salary deductionsFocus AreaHuman Resources
Accidentally overpay employees? How to recoup the money
Most employers have some process or electronic tool to help determine how much they should pay employees. Sometimes, these systems require inputting key information. Whether human error or a technical glitch, mistakes can happen that result in overpaying one or more employees.
When that happens, employers might simply want to deduct the overpayment from an employee’s future paycheck. It wasn’t really the employee’s anyway, right? Employers must, however, tread carefully and quickly. They must:
- Review applicable records to confirm that the mistake happened.
- Determine the exact amount of overpayment.
- Discuss the situation with the affected employee(s) and show evidence supporting the finding.
- Work with employee(s) to create suitable repayment plans. Consider the employees’ financial situations and come up with an agreed-upon plan.
Employers must fix these issues before the end of the year, or they’ll also make Form W-2s inaccurate.
Federal law
Under the federal Fair Labor Standards Act (FLSA), employers may deduct overpayments from employees’ future wages, even if that would result in the employees being paid below the minimum wage.
Big lump-sum deductions, however, might not sit well with employees, risking negative employee relations and trust.
State laws
Just because the federal FLSA allows related deductions, many state laws have limits on how much employers may deduct.
In California, for example, employers may not make deductions to recover overpayments unless the employer and employee have a written agreement, and the employee voluntarily consents to the deduction. The deduction also can’t cause the employee’s pay to fall below the state’s minimum wage.
An ounce of prevention
To help prevent overpaying employees, employers may take a few steps, such as the following:
- Automate payroll processes as much as possible;
- Audit all related processes and tools regularly;
- Have clear timekeeping and payroll policies; and
- Encourage employees to review their payments and paystubs regularly, and ask them to report any issues quickly so mistakes can be resolved.
Key to remember: Mistakes happen, including those that result in overpaying employees. Employers can, however, take steps to fix them and prevent them from recurring.
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2026-01-14T06:00:00Z
NewsIndustry NewsEnglishFleet SafetyDrug testing - Motor CarrierDrug and Alcohol Testing - DOTReturn-to-duty drug and alcohol testing - Motor CarrierFocus AreaIn-Depth ArticleUSAAlcohol testing - Motor CarrierTransportationFollow-up alcohol and drug testing - Motor CarrierDrug and Alcohol Clearinghouse - Motor Carrier
A pre-employment query shows a violation. Now what?
The results of a pre-employment query of the Drug and Alcohol Clearinghouse (DACH) might leave you with more questions than answers.
Suppose a query shows the driver has a previously entered DOT testing violation. You can’t ignore the results. This can potentially lead to using an unqualified driver and creating a compliance and risk management nightmare. What are your next steps?
Check the driver’s status
Your first step is to check the driver’s status on the full query report.
The record shows the driver’s status based on what has been reported to the DACH by the substance abuse professional (SAP) and motor carrier (or consortium/third-party administration on the carrier’s behalf). The driver will be classified as one of two statuses:
- Prohibited. The driver has a violation but shows no record of a completed SAP program and negative return-to-duty (RTD) test. Both pieces must be entered to change this status.
- Not prohibited. This status applies to drivers who:
- Never had a violation in the system, or
- Had a violation entered but have record of a completed return-to-duty process.
If the driver is in a prohibited status, you’re unable to use the driver in a safety-sensitive function. In fact, this status prevents a driver from operating any commercial motor vehicle (CMV), including a non-CDL CMV used in interstate commerce.
Carefully review the report
The query report will also indicate whether the RTD and follow-up programs have been completed. If there is no entry for a step, you must address it.
The query results offer details on violations, including:
- Violation information:
- Type of violation, such as failed alcohol test, positive drug test, refusal to test, or actual knowledge;
- Test date; and
- Reason for the test (e.g., post-accident, reasonable suspicion); and
- Completed steps:
- Date of a substance abuse professional’s (SAP’s) initial assessment;
- Date an SAP’s determination the driver is eligible for return-to-duty testing; and
- Date the follow-up testing plan was completed.
Using the report, you now know where the process needs to pick up. But in many cases, you need to seek information from parties outside of the DACH to get the full picture.
Verify and continue the process
Consider the following scenarios when using the information on the DACH report.
If the query doesn’t show an SAP program was started or completed, the driver must pursue the evaluation and treatment. Once the SAP enters the completed in the DACH, you need a copy of the SAP report/follow-up testing plan. Since you’re not the employer under which the violation occurred, you may need the driver to sign a specific written consent which permits the SAP to provide you with a copy of the report. Once received, you can send the driver for RTD test. If the test is negative, you must enter this in the DACH using your motor carrier’s account. The prohibited status is now removed. Using the SAP report, you must begin the follow-up testing plan. The completed follow-up testing plan is reported to the DACH by the employer who finishes the program.
If the query shows a completed SAP program and eligibility for a RTD test, you must request a copy of the SAP report to know if the driver is subject to drug and/or alcohol RTD testing. This requires that the driver sign a specific written consent form. The SAP or former employer needs to see this prior to releasing the record. Once a negative RTD test(s) is entered, you must begin the follow-up testing plan.
If the query shows a complete RTD program, but an incomplete follow-up program, you must contact former employers to learn of completed follow-up tests. The driver must sign a specific written consent form for the release of the information. Once received, along with a copy of the SAP report, you should know how many follow-up tests you must pursue with the driver.
What if you can’t verify what’s been completed?
There may be instances when the information you need is not available. For example, if a violation and any subsequent steps are older than five years, a former employer and SAP may not have the records since records can be purged.
If a former DOT employer fails or is unable to provide information (e.g., out of business), document your attempts. Contact the SAP for a copy of the follow-up testing plan and start the plan from scratch since you have no proof of any completed tests.
If you’re unable to get a copy of the SAP report, DOT doesn’t provide instructions on how to proceed. But one thing is evident in the regulations. The DOT doesn’t permit a new SAP for a re-evaluation. In fact, the DACH has no place for a new SAP to even enter a completed evaluation since one has already been entered by someone else for the violation.
To demonstrate due diligence, it’s recommended that you document your attempts to obtain a copy of the SAP report. Then, as a good faith effort, begin a follow-up testing program using the minimum number of tests (6 tests in the first 12 months after returning to duty). This is a far better compliance strategy than ignoring the problem.
Key to remember: A DACH query is the first step in learning whether a driver has a previous DOT drug or alcohol testing violation. If the driver’s record shows outstanding steps, motor carriers need to verify what’s been completed and resume the process, when necessary.
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2026-01-14T06:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
How the end of USPS same-day postmark affects FMLA administration
Sometimes, small, seemingly unrelated changes can have an unforeseen impact. Last year, the United States Postal Service (USPS) proposed changes to the way it handles mail that could affect how employers process leave requests under the federal Family and Medical Leave Act (FMLA).
The USPS said that, “while the presence of a postmark (also known as a “cancellation”) on a mailpiece confirms that the Postal Service was in possession of the mailpiece on the date of the postmark's inscription, the postmark date does not inherently or necessarily align with the date on which the Postal Service first accepted possession of a mailpiece.”
In other words, the agency won’t guarantee that mail deposited in drop boxes or in the mail slot inside a post office will receive a postmark on that same date. The USPS doesn’t say how long it might be between dropping off a mail piece and getting a postmark. Postmarks are often used as evidence when something is mailed.
The FMLA has a few pieces of mail that could be affected by this, including:
- The eligibility/rights & responsibilities notice,
- The designation notice, and
- Certifications.
How this affects FMLA administration
Under the FMLA, once an employee puts the employer on notice of the need for leave, the employer has 5 business days to get the employee an eligibility/rights & responsibilities notice. If an employer gets this notice in the mail on day one, it might not be seen as “received” by the USPS that day. If that delay causes the employee not to receive it within 5 business days, the employer has technically violated the FMLA.
The same is true for the designation notice. Once employers have enough information to determine that an absence qualifies for FMLA leave protections, they have 5 business days to get a designation notice to the employee. While most employers don’t worry too much about meeting these 5-day deadlines, missing them can be seen as part of other compliance issues.
The certification is where employers might also feel this change. Employees have at least 15 calendar days to return a completed certification, but those 15 days don’t start until the employee receives the request and form.
The same types of USPS delays could impact employees, too. Under the FMLA, if employees don’t get the certification back to employers within 15 days and no extenuating circumstances justify the delay, employers may apply their company policies to the absence after the 15-day window closes and before the employee provides the certification. They might get the certification in the mail on Tuesday, but the postmark might read Wednesday or Thursday. That doesn’t mean the employee didn’t send it on Tuesday.
Employers might need to be a little more flexible with this 15-day window for employees, while also staying on top of their own FMLA-related deadlines.
Key to remember: Due to changes in the way the USPS works, employers might have to adjust the timing of processing FMLA leave requests.
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2026-01-14T06:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Do days when a company is closed for inclement weather count as FMLA leave?
The U.S. Department of Labor’s Wage and Hour Division (WHD) published an opinion letter in January on how an employer’s closure for inclement weather affects an employee on leave under the federal Family and Medical Leave Act (FMLA). The letter was in response to an employer’s question on this issue.
The situation
An employer wondered how to calculate an employee’s FMLA leave use when the employer closed its business for less than a full week due to inclement weather. The FMLA regulations address similar situations involving holidays or when an employer closes for a full week (or more) for reasons such as inventory. But the regulations don’t specifically say what to do when employers close for less than a full week.
The leave type rules the day
The WHD turned to the regulations regarding holidays and other closures. Whether a snow day counts as FMLA leave depends on whether the employee is taking the leave in full or partial weeks.
If an employee is taking FMLA leave in less than full-week increments (intermittently or on a reduced schedule), and that employee isn’t expected to work during the time the employer is closed, the employer wouldn’t count the time the business is closed as FMLA leave.
For example, if Joe Employee takes intermittent FMLA leave on Thursday afternoon and a snowstorm causes the employer to close that day, the employer wouldn’t count Thursday afternoon as FMLA for Joe.
If, on the other hand, Joe Employee was taking FMLA in full weeks, if the employer closed for a day or two due to a snowstorm, it doesn’t matter. The employer would still count the entire week as FMLA leave.
Whether a closure is planned or unplanned has no impact on how much FMLA leave an employee uses. Nor does whether the employee makes up the time lost while an employer is closed because of inclement weather.
Key to remember: Whether an employer’s closure for inclement weather counts as FMLA leave depends on whether the employee takes leave in full or partial weeks.
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2026-01-14T06:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
HM-265 final rule sets new regulatory expectations
For anyone who ships, transports, or works around hazardous materials, this update is worth your attention. It targets unnecessary compliance burdens while maintaining established safety standards in hazmat transportation. These changes affect fuel haulers, packaging manufacturers, cargo tank facilities, and others across the hazardous materials industry. The Pipeline and Hazardous Materials Safety Administration (PHMSA) published its HM‑265 Final Rule, Hazardous Materials: Eliminating Unnecessary Regulatory Burdens on Fuel Transportation, to implement these adjustments.
PHMSA included staggered dates for compliance, with a voluntary compliance date of January 14, 2026, and a mandatory effective date of February 13, 2026. Companies can begin using the new rule immediately because of the voluntary date. However, they don’t need to be fully compliant until the mandatory effective date.
What changed
PHMSA adopted several targeted amendments to the Hazardous Materials Regulations (HMR). Here are the major updates:
- Identification numbers for petroleum distillate fuels:
PHMSA reinstated an older, previously removed exception where cargo tank motor vehicles (CTMVs) transporting more than one petroleum distillate fuel (like gasoline, diesel, kerosene, or fuel oil) on different trips during the same or previous business day may now display the UN/ID number of the fuel with the lowest flash point. For most, that means UN1203 (gasoline).
This eliminates the need for carriers to constantly swap placards as loads change, restoring a long standing practice and saving significant labor and cost.
PHMSA maintained an important limitation: this exception does NOT apply to gasoline/ethanol blends containing more than 10% ethanol, since those fuels require different emergency response procedures.
- Electronic submission for cargo tank facility registration:
Facilities that manufacture, assemble, repair, or inspect cargo tanks can now submit registration statements electronically through FMCSA’s online portal.
- Updated incorporation by reference (chlorine tank guidance):
PHMSA replaced older incorporated drawings with the complete Chlorine Institute Pamphlet 49 (2016). This change authorizes the use of the Midland PRD for chlorine cargo tanks, expanding options for compliant pressure relief devices.
- Training relief for packaging- only hazmat employees:
Employees who only manufacture, repair, test, or recondition packagings, and do not offer or transport hazmat, are now excepted from safety and security awareness training requirements under 172.704.
- Reflective design options for uninsulated cargo tanks:
Instead of requiring reflective paint, CTMVs may now use reflective vinyl wraps or other coverings if they meet reflectivity requirements.
- Allowing cameras for cargo tank inspections:
Inspectors may now use video cameras or fiber optic equipment to perform required visual inspections of cargo tanks, reducing risks associated with climbing inside tanks and enhancing efficiency.
Key to remember: The HM-265 Final Rule is focused on eliminating unnecessary burdens on fuel transportation. The mandatory compliance date starts on February 13, 2026, which is when you need to comply with the rule.
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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.