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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.
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FEATURED NEWS
2026-05-14T05:00:00Z
NewsIndustry NewsMedical review officer (MRO) - Motor CarrierFleet SafetyDrug testing - Motor CarrierDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleEnglishTransportationUSA
Excuses that won’t make the cut for failed drug tests
Medical review officers (MROs) hear some wild excuses from drivers regarding failed DOT drug tests.
Some excuses may be valid and investigated by the MRO during the verification process. For example, a driver may refer the MRO to a family physician about a legally prescribed medication that showed up in the drug panel.
However, some explanations provided by drivers aren’t viewed as reasonable under the regulations. Consider the following commonly used excuses that MROs aren’t permitted to entertain.
Tested in error
- Drivers may claim that their employer initiated a test that shouldn’t have been done, such as: Requesting a post-accident test when the criteria in 382.303 weren’t met,
- Misidentifying a driver as the subject of a random test, or
- Sending a driver for a reasonable suspicion test without grounds.
MROs are told in 49 CFR 40.151(c) that it’s not their role to determine whether the test should have occurred. A positive test result stands for anyone holding a commercial driver’s license (CDL), even if the employer made a mistake in sending them for the collection.
Drugged by someone
In some instances, the driver doesn’t contest the lab result. They just claim they unknowingly were exposed to the drug, and it’s not their fault.
Stories might include:
- Someone slipped a drug into a drink at a party,
- The driver ingested a marijuana brownie without realizing it, or
- The driver traveled in a closed car with several people smoking drugs.
Stories of passive or unknowing ingestion can’t be verified. Even if true, they don’t present a legitimate medical explanation, so the MRO can’t deem the test negative.
Was set up
Drivers may claim that the specimen isn’t theirs, or someone tampered with it at the clinic.
For example, there may be allegations made by the driver that the collector left the area or left open specimen containers where others could access them.
The regulations are clear: It’s not the MRO’s role to investigate claims that collection procedures weren’t followed by the clinic. The MRO only works with what is reflected in the chain of custody form, and all other accusations will be dismissed.
Took a second test
Some drivers take it upon themselves to take a second drug test outside of DOT to prove their innocence. For example, a driver tells the MRO that a personal physician performed a urine drug test that was sent to a lab, and it came back negative. The MRO must ignore this second test result. It isn’t evidence to sway the result.
Exposed to a cleaning product
An adulterated test result is often the result of soap, bleach, or disinfectant used to tamper with a urine specimen. A driver might claim the chemicals wound up in the urine through exposure to cleaning products (e.g., absorbed through the skin or inhaled). According to the regulations, there are no physiological means through which these substances can enter a specimen.
Key to remember: MROs won’t consider tall tales when verifying failed drug tests. They are given specific instructions by DOT: Only consider valid medical explanations — no matter how convincing the driver’s story might be.
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RECENT INDUSTRY HIGHLIGHTS
2026-05-14T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
How much FMLA leave do employees get when they go from full- to part-time work?
Eligible employees get 12 of their workweeks of job-protected unpaid leave in a 12-month leave year under the federal Family and Medical Leave Act (FMLA). When employees take that leave intermittently or on a reduced schedule, employers like to look at the 12 weeks as 480 hours. This is fine as long as the employee works 40 hours per week.
If employees switch from full-time to part-time work, employers might wonder how that affects the 480 hours of FMLA leave.
The change details are key
How much FMLA leave employees get when their schedule changes will depend on:
- Who made the change,
- Why they made the change, and
- When they made the change.
If, for example, an employee normally worked 40 hours per week, but is now moving to a 24-hour per week schedule, that change would result in the employee having 288 hours of FMLA leave, not 480 hours. The employee still gets 12 FMLA weeks, though.
The FMLA regulations say that, if the employer has made a permanent or long-term change in the employee's schedule (for reasons other than FMLA, and before the notice of need for FMLA leave), the hours worked under the new schedule are to be used for making this calculation.
Therefore, if all of the following are met, the employer could use the new, 24-hour workweek (288 hours of leave) as a basis for how much FMLA leave the employee gets:
- The employer made the change to shorten the employee’s schedule,
- The decision had nothing to do with FMLA leave, and
- The change was made before the employee needed FMLA leave.
If, however, the schedule change was because of FMLA leave, and it was made after the employee began taking FMLA leave, the employer must use the old schedule of 480 hours of FMLA leave.
Employers and employees might agree to make a schedule change, and that would be fine, as long as the employer ends up making the employee’s desired change.
If an employee has been taking FMLA leave and subsequently wants a shorter schedule, the employer may not decrease the employee’s hours of FMLA leave. The employer would need to use the old schedule.
New leave year reset
When a new 12-month leave year begins, and an employee first puts the employer on notice of the need for leave, the employer would treat it as a new leave request. At that time, one could argue that the schedule change was made before the employee asked for leave.
Key to remember: Whether employers may reduce the amount of FMLA leave employees get when they reduce their schedules will depend on who made the change, why, and when.
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2026-05-14T05:00:00Z
NewsAir QualityIndustry NewsStationary Emission SourcesEnvironmental Protection Agency (EPA)Hazardous Air PollutantsCAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir PermittingAir ProgramsAir ProgramsUSA
MACT emission standards: 7 questions answered
Standards are more than just suggestions when it comes to environmental regulations; they define the minimum level of performance that must be achieved and, as a result, determine who complies and who doesn’t. For industrial facilities that release air toxics, emission standards are foundational to compliance.
The Environmental Protection Agency (EPA) controls the release of more than 180 air toxics, known as hazardous air pollutants (HAPs), from industrial sources (such as factories and refineries) through the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. For major sources, EPA develops maximum achievable control technology (MACT) standards to reduce HAP emissions.
Understanding the basics of MACT standards can help you navigate the requirements specific to your facility. Here’s what you need to know.
What’s a MACT standard?
A MACT standard refers to the specific technology-based requirements set by EPA to control HAP emissions from major sources in a specific industrial source category. The agency bases the standards on the emission levels already being achieved with existing control technologies by the best-controlled and lowest-emitting facilities in an industry.
What’s a MACT floor?
MACT floors are the minimum control levels that regulated facilities must meet. EPA sets MACT floors differently for new and existing facilities:
- The MACT floors for new facilities must be at least as stringent as the emission control achieved by the best-controlled similar source.
- The MACT floors for existing facilities (which may be less stringent than the floors for new sources) have to be at least as strict as the average emission limitation achieved by either:
- The top-performing 12 percent of sources in a category or subcategory with 30 or more sources, or
- The top-performing 5 sources in a category or subcategory with fewer than 30 sources.
Keep in mind that EPA may establish requirements stricter than the MACT floor, known as “beyond-the-floor” standards.
What types of facilities are subject to MACT standards?
MACT standards generally apply to major sources of HAP emissions. A facility is considered a major source if it emits or has the potential to emit:
- 10 tons per year (tpy) of any one HAP, or
- 25 tpy of any combination of HAPs.
How are MACT standards organized?
EPA develops MACT standards by industry sector and publishes them as part of the NESHAP regulations. Most of the rules appear under 40 CFR Part 63, organized by subparts based on source category. Facilities must identify their source category to determine which NESHAP subpart applies.
A limited number of the rules are found under Part 61, organized by subparts based on specific HAPs (such as vinyl chloride) or activities (like asbestos demolition). Facilities need to confirm whether any of the NESHAPs for specific HAPs or activities apply.
How are MACT standards enforced?
The air permitting authority (usually a state or local air agency) incorporates applicable NESHAP requirements, including MACT standards, into a facility’s Title V operating permit.
What do MACT standards cover?
MACT standards can include a combination of measures, methods, processes, systems, and techniques to reduce or eliminate HAP emissions. Examples include:
- Conducting process changes;
- Substituting materials;
- Enclosing systems or processes; and
- Collecting, capturing, and/or treating HAP releases from emission points.
MACT standards may also contain design, equipment, work practice, and operation requirements.
Can MACT standards change?
Yes. The Clean Air Act requires EPA to evaluate MACT standards every 8 years (known as a risk and technology review). The agency will revise MACT standards when it determines improvements in technologies, practices, processes, or other emission-reduction methods warrant revisions.
Real-world example
Let’s take a look at the NESHAP for Polyether Polyols (PEPO) Production (PEPO NESHAP), recently updated in March 2026.
The MACT standards that apply to the PEPO NESHAP (Part 63 Subpart PPP) include:
- Emission limits for process vents;
- Equipment and work practice requirements for storage vessels, wastewater, and equipment leaks; and
- Work practice standards for heat exchange systems.
EPA concluded that improvements in controls warranted updates to specific MACT standards in the PEPO NESHAP, including for heat exchange systems. Specifically, the revised rule requires owners and operators of existing and new heat exchange systems in organic HAP service to:
- Conduct quarterly monitoring using the Modified El Paso Method (also known as the Air Stripping Method), and
- Repair leaks of total strippable hydrocarbon concentration (as methane) in the stripping gas of 6.2 parts per million by volume or greater.
The agency found that the Modified El Paso Method is more effective at identifying leaks, and it measures more compounds than previously required methods. As a result, this revised MACT standard will further reduce HAP emissions from heat exchange systems.
Key to remember: EPA controls hazardous air pollutant emissions from major sources through MACT standards based on the emission levels already achieved by the best-controlled facilities in an industry.
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2026-05-13T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
A close look at PHMSA's plans for class 9
If you’ve spent any time working with hazmat regulations, you know Class 9 has always been a bit of a mixed bag. It covers a wide range of materials, from lithium batteries and dry ice to environmentally hazardous substances and safety devices. At this year’s Council on Safe Transportation of Hazardous Articles (COSTHA) conference, PHMSA made it clear they think that grouping has run its course.
During their briefing, PHMSA shared early details on an idea they have been developing internationally. The proposal would keep Class 9 intact but divide it into four clearer subdivisions. Their goal is to improve hazard communication and create a system that better reflects real risks during transportation.
Pushing for change
PHMSA first raised the idea of dividing Class 9 during the 66th and 67th UN Sub-Committee of Experts on the Transport of Dangerous Goods meetings in mid and late 2025. According to PHMSA, the initial response from other countries was positive. That feedback encouraged them to continue developing the concept and bring a more defined proposal to the UN session planned for June 2026.
The main issue is that Class 9 covers too many unrelated hazards under a single label. While that flexibility has worked historically, PHMSA sees an opportunity to add structure without completely overhauling the system or creating unnecessary burdens for shippers.
Four proposed subdivisions
PHMSA outlined four subdivisions that would sit under the existing Class 9 umbrella. Each one groups materials with similar risk characteristics.
Division 9.1: Environmentally hazardous materials These materials already rely on established criteria, including marine pollutant concepts. PHMSA emphasized that this subdivision would build on existing systems and could potentially integrate environmental hazard information into the current Class 9 label, rather than creating something entirely new.
Division 9.2: Energy storage devices This subdivision would be dedicated to items like lithium batteries and other energy storage technologies. The intent is to improve hazard awareness and allow flexibility as technology changes over time.
Division 9.3: Low hazard energetics This category would organize materials with energetic properties that do not rise to the level of other hazard classes. PHMSA described this as a way to better recognize existing Class 9 assignments while allowing room for future criteria development.
Division 9.4: Other miscellaneous dangerous goods This final group would capture all remaining Class 9 materials that do not fit into the other subdivisions. PHMSA indicated no major changes are expected for this category.
What this means going forward
At this stage, the subdivision of Class 9 is still a concept, not a regulation. With that said, the fact that PHMSA has already raised it at multiple UN meetings and plans to continue the discussion in 2026 signals that this idea has momentum.
For shippers, carriers, and compliance professionals, this is worth watching. Breaking Class 9 into subdivisions could eventually affect labeling, training, and how hazards are communicated across all modes of transportation. Even if changes are still years away, understanding where regulators are heading helps organizations avoid being caught off guard.
Key to remember: Class 9 has always been a necessary catch-all. PHMSA’s proposal suggests the future of hazmat classification may focus less on convenience and more on clearly communicating risk.
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2026-05-13T05:00:00Z
NewsIn-Depth ArticleEnglishHeat StressIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyExtreme Temperature PreparationHeat and Cold ExposureMine SafetyFocus AreaUSA
How does wet-bulb globe temperature work?
As you prepare for heat injury and illness prevention regulations, are you leaning toward Heat Index simply because you don’t understand WetBulb Globe Temperature (WBGT)? Don’t sweat it! We will cool your anxiety as you read on.
What is WBGT?
Developed by the US military in the 1950s to prevent heat-related deaths in training camps, WBGT is a measure of the heat stress in direct sunlight. It takes into account more than just temperature, including considerations for humidity, wind speed, cloud cover, and even sun angle.
The Heat Index, on the other hand, considers only temperature and humidity for shady areas. So, if employees are working in direct sunlight, the WBGT may be the better way to monitor.
How does WBGT work?
WBGT calculates three key measurements into one equation:
- Air temperature – measured with a standard outdoor thermometer to show the actual temperature of the air. This gives a baseline for how hot the environment is without the effects of humidity, wind, or radiant heat (sunlight).
- Natural wet bulb temperature – measured using a thermometer wrapped in a wet cloth to simulate the cooling effect of evaporating sweat. Readings can be strongly influenced by wind and humidity, and because the thermometer is exposed to sunlight, it also reflects solar heat.
- Black globe temperature – measured with a thermometer inside a black globe to represent how hot human skin and clothing “feels” in direct sunlight. Readings are of radiant heat that air temperature alone wouldn’t capture.
In layman’s terms, as the water evaporates from the wet, wrapped bulb, the bulb is cooled which pushes the wet-bulb temperature down. Added air moisture (humidity) means less water evaporates and cooling is not as effective. This means the WBGT is high.
Mathematically, here’s how the measurements are used to calculate WBGT:
WBGT = (10% × Air Temp) + (70% × Wet Bulb Temp) + (20% × Black Globe Temp)
For a simplified example, if the air temperature is measured at 80°F, the relative humidity is 80%, and the globe temperature is 80°F, the WBGT would be calculated as follows:
WBGT = (0.1 × 80) + (0.7 × 80) + (0.2 × 80)
= 8 + 56 + 16
= 80°F
This result is a WBGT of 80°F which is a relatively high level of heat stress.
To put this into perspective, studies show that a WBGT of around 87.5°F is nearing the maximum temperature that a healthy worker can handle. Though the number seems palatable, this level of heat with humidity can be stifling and deadly.
OSHA’s proposed Heat Rule update
OSHA held an informal public hearing over multiple days in June and July 2025, concluding on July 2nd. A final ruling has not yet been published to the Federal Register. OSHA’s Rulemaking Process can take between 24 and 60 months to review feedback, analyze the record, and develop a final rule.
In the meantime, employers should comply with their State plan state requirements or OSHA’s National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards. The federal NEP was recently revised and became effective April 10, 2026, with updates including the removal of outdated background information, reorganization of appendices information and citation guidance, and the addition of inspection triggers.
Key to remember: The weighted approach of WBGT factors in temperature, direct sunlight, humidity, wind, and cloud cover, all of which have an impact on the body’s ability to cool itself.
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2026-05-13T05:00:00Z
NewsIndustry NewsTerminationHR GeneralistFinal PaychecksFocus AreaIn-Depth ArticleUSAWrongful TerminationEnglishTerminationHR ManagementAssociate RelationsHuman Resources
Well-written termination letters are key to seamless separations
Breaking up is hard to do (so the song goes), and for an employer breaking up with an employee, one necessity that makes the split challenging is writing the termination letter. While generally not required, a termination letter, sometimes called a separation notice, contains important details surrounding an employee’s dismissal. It serves as both formal notice to the employee and the official documentation for the employer that an employee has been let go by the organization.
To help make the creation of this important document go more smoothly next time, here are 10 things that should be included in the letter and a list of mistakes to avoid.
10 key items for every termination letter
- Basic information. Include the employee’s full name and job title, as well as the employer name and department or work location. This prevents confusion and supports accurate recordkeeping.
- The exact date (and time, if relevant) that employment ends. This will trigger final pay, benefits, and COBRA coverage timelines.
- A simple, direct statement that employment is ending. This will usually indicate whether the termination is voluntary or involuntary. For an involuntary termination, the letter would say something like, “This letter is to inform you that your employment with ABC Company will end effective May 15, 2026.” For a voluntary quit, the letter will usually just confirm the date supplied by the employee in their resignation letter, email, or verbal notice.
- Reason for termination. This is optional, but if it’s included, keep it brief, factual, and consistent with prior documentation. For example, you could write something like: “You are being terminated for violating company policy ‘XYZ’ on Monday.” It’s helpful if you can reference a policy.
- Final pay information. Explain when and how final wages will be paid (i.e., final paycheck) and what will happen with any accrued, unused paid time off (PTO). State law or company policy might require accrued PTO to be paid out. Occasionally, final paychecks are due right at termination. Check to see which laws might apply.
- Benefits and COBRA information. Include the dates when benefits (health, dental, vision, etc.) will end, and a statement that COBRA or state continuation information will follow (or is enclosed). You don’t need to fully explain COBRA in the letter. If the employee has dependents (e.g., spouse) on their company insurance, be sure to send a COBRA notice to them, as well.
- Return of company property. List all items that must be returned to the company, such as keys, badges, laptop, phone, credit cards, documents, etc. Include the deadline and instructions for returning items.
- Reminder of post-employment obligations. This would include any confidentiality agreements or any applicable and lawful non-solicitation or non-competition agreements. Simply reference the applicable agreement(s) rather than recreating it in the letter.
- Where to go for further information. This might be the name, title, and contact information for anyone who can answer HR, payroll, or benefits questions.
- Closing. Include a professional closing in a neutral, respectful tone, followed by the signature of an authorized company representative.
Common mistakes to avoid in a termination letter
- Over-explaining the reason for the termination. Detailed explanations increase the risk of inconsistencies with prior documentation and provide employees (or their attorneys) with additional material to challenge the employer’s stated rationale.
- Using emotional or judgmental language. Don’t express anger, frustration, or disappointment. Inflammatory wording can undermine professionalism, make the employer appear biased or retaliatory, and escalate conflict or litigation risk.
- Drawing legal conclusions. Legal conclusions (e.g., “misconduct,” “harassment,” “illegal behavior”) may be inaccurate, invite dispute, or be interpreted as defamatory if not proven through a formal investigative process. Stick to factual statements or policy references.
- Promising or implying future employment. Avoid language suggesting reinstatement or guaranteed rehire eligibility. This may unintentionally create expectations or contract disputes if the employer later changes position.
- Contradicting prior documentation. Inconsistencies between the termination letter and performance reviews, warnings, or emails can weaken an employer’s credibility.
- Mentioning protected characteristics or activities. References to age, health, leave, complaints, or accommodations, even indirectly, can support claims of discrimination or retaliation under federal or state law.
- Forgetting state law requirements. Failure to comply with state‑specific rules on final pay, PTO payout, or benefit notices can result in penalties, wage claims, or automatic liability even when the termination itself is lawful.
Key to remember: A thoughtful, professionally written termination letter should be short, neutral, consistent, and defensible.
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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.