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
2026-02-12T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Why employees don’t accrue FMLA leave (and how leave is calculated)
The federal Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of job-protected leave in a 12-month leave year for certain reasons. Less commonly used, the FMLA also gives employees up to 26 weeks of leave to care for a family/military member.
Focusing on the more common usage of the 12 weeks of FMLA leave, employers often think of these 12 weeks of leave in terms of hours. If, therefore, an employee normally works 40 hours per week, they get 480 hours of FMLA leave. Differentiating between weeks and hours comes into play when employees take leave intermittently or on a reduced schedule.
It's important to point out that, unlike a company’s paid time off (PTO) benefits, in which employees might accrue PTO hours, employees don’t “accrue” FMLA leave at a certain hourly rate. The FMLA regulations [29 CFR 825.205(b)(1)] state:
“An employee does not accrue FMLA-protected leave at any particular hourly rate. An eligible employee is entitled to up to a total of 12 workweeks of leave, or 26 workweeks in the case of military caregiver leave, and the total number of hours contained in those workweeks is necessarily dependent on the specific hours the employee would have worked but for the use of leave.”
Counting leave
When employees take leave intermittently or on a reduced leave schedule, employers may count only the amount of leave actually taken toward the employee's 12-week leave entitlement.
The actual workweek is the basis of leave entitlement. This means that if employees work more than 40 hours a week, they get more than 480 hours of FMLA leave. An employee who normally works 50 hours per week, for example, would get 600 hours of FMLA leave.
When calculating how much leave employees take, if an employee who otherwise works 40 hours a week takes 8 hours off, the employee would use one-fifth of a week of FMLA leave. Similarly, if an employee who normally works 8-hour days works 4-hour days under a reduced leave schedule, the employee would use one-half of a week of FMLA leave.
For employees who work a part-time schedule or variable hours, employers may pro-rate the amount of FMLA leave. If, for example, an employee who generally works 30 hours per week takes 10 hours of leave under a reduced leave schedule, the employee's 10 hours of leave would equal one-third of a week of FMLA leave.
Employers may convert these fractions to their hourly equivalent so long as the conversion equitably reflects the employee's total normally scheduled hours.
Recouping leave under the rolling backward method
Employers should be aware of the differences between accruing leave and employees recouping leave when employers use the 12-month rolling backward method for their 12-month leave year. In that situation, employees get more FMLA leave as their old leave “rolls off” the calendar and more leave “rolls on.”
Key to remember: Employees get 12 weeks of FMLA leave, but they don’t accrue the leave at a certain rate — 12 weeks is 12 weeks. How much hourly leave they get, however, is based on their actual workweek.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2026-02-12T06:00:00Z
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
Expiring TSCA CBI claims: How to request an extension
How do businesses keep confidential information “off the record”? Companies that are required to report on federally regulated chemical substances may soon face this question, as the first round of confidential business information (CBI) claims starts expiring in June 2026.
Thankfully, the Environmental Protection Agency (EPA) has answered how to keep CBI off the record. On January 6, 2026, the agency published in the Federal Register the process to request extensions of expiring CBI claims for information submitted under the Toxic Substances Control Act (TSCA).
Here’s what you need to know.
CBI extension request process
Businesses that seek to extend a CBI claim beyond its expiration date must submit an extension request. The Federal Register notice describes the following general process:
1. EPA notifies the entity of an expiring CBI claim.
The agency will publish a list of TSCA submissions with expiring CBI claims on the Confidential Business Information Under TSCA (TSCA CBI) website at least 60 days before the claims expire.
EPA will also notify submitters directly through its online Central Data Exchange (CDX). Verify that your company’s contact information on CDX is updated!
Submitters with CBI claims for specific chemical identities should reference the TSCA Chemical Substance Inventory (column EXP) to confirm expiration dates.
2. The entity submits an extension request.
The extension request for an expiring CBI claim includes:
- A certified supporting statement confirming the four assertions at 40 CFR 703.5(a), and
- Answers to EPA’s substantiation questions.
EPA lists the general questions that apply to all CBI claims at 703.5(b)(3). Additional questions at 703.5(b)(4) apply to entities claiming CBI for specific chemical identities.
Businesses must submit the extension through EPA’s CDX at least 30 days before the CBI claim expires. The agency is currently developing a new application on CDX for submitting extension requests, which it plans to launch before CBI claims begin expiring in June 2026.
If there’s a delay, EPA will notify submitters on the TSCA CBI website. Additionally, the agency won’t publicize any information from expiring CBI claims until businesses have the opportunity to submit extension requests and the agency reviews them.
3. EPA reviews the extension request.
If the agency approves the extension request, the information in the CBI claim will remain protected for up to another 10 years.
If the agency denies the extension request, the information in the CBI claim can be publicized once the claim expires. EPA will notify submitters of denied claims through CDX at least 30 days before it plans to disclose the information.
Expiring CBI claims: What are the options?
Regulated entities have three ways to address expiring CBI claims:
- If you choose to maintain the CBI claim, submit the extension request to EPA.
- If you decide not to renew the CBI claim, you can either:
- Withdraw the CBI claim through CDX, or
- Allow the CBI claim to expire (i.e., take no action).
Keep in mind that if you withdraw a CBI claim or allow it to expire, EPA can publicize this information without notifying you beforehand.
Who’s impacted?
The CBI extension request process applies to companies that have made CBI claims under TSCA on or after June 22, 2016.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act (signed into law on June 22, 2016) made amendments to TSCA, including adding a 10-year expiration date to CBI claims.
Key to remember: EPA established the process for entities to request extensions of expiring CBI claims for information submitted under TSCA.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthWork-Relatedness DeterminationConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLUSAEnglishFocus AreaInjury and Illness Recordkeeping
Work-relatedness focus of latest OSHA interpretive letter
A burn injury caused by a personal lithium ion battery fire is work related if it occurs in the workplace during assigned working hours, OSHA stated in a recently issued letter of interpretation (LOI).
The January 20 letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after inadvertently coming into contact with a key used for work. OSHA said that even though the batteries are a personal item used for a non work purpose, the injury happened in the work environment, so the geographic presumption of work-relatedness applies. OSHA also clarified that the precipitating event is the fire, not the act of carrying the batteries.
Lee Anne Jennings, Director of OSHA’s Technical Support and Emergency Management Directorate, clarified that Section 1904.5(b)(3) of OSHA’s recordkeeping regulation doesn’t apply if the employee was at work during assigned hours and present as a condition of employment. She also noted that none of the exceptions in Section 1904.5(b)(2) are relevant in this scenario, so the injury’s cause — including whether the battery was mixed with employer-provided items — is irrelevant for determining work-relatedness.
LOIs clarify federal workplace safety standards and ensure consistent application for employers, workers, and safety professionals.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyCommercial learners permit CLPCommercial drivers license CDLCDL endorsements and restrictionsFocus AreaFleet OperationsEnglishTransportationUSA
FMCSA revises non-domiciled CDL rules
The Federal Motor Carrier Safety Administration (FMCSA) has announced a final rule that builds on and makes minor changes to its existing non-domiciled commercial driver’s license (CDL) regulations.
The revisions, in response to legal actions filed against the agency, close two of what the FMCSA calls “critical failures” in the driver vetting process.
Key provisions
Key provisions of the final rule include:
Strict Eligibility: To be eligible for a non-domiciled CDL, the driver must possess an unexpired foreign passport and hold one of the following non-immigrant statuses:
- H-2A (Temporary Agricultural Workers),
- H-2B (Temporary Non-Agricultural Workers), and
- E-2 (Treaty Investors).
Proof of Eligibility: Applicants must present an unexpired foreign passport and specific Form I-94 documentation to the state driver licensing agency (SDLA). Employment Authorization Documentation (EAD) will no longer be accepted as proof of eligibility.
Mandatory SAVE Verification: State driver licensing agencies must query the Systematic Alien Verification for Entitlements (SAVE) system to confirm every applicant's lawful immigration status.
Specific Validity Period: The validity period for a non-domiciled CDL may not exceed the expiration date of the “Admit Until Date” of the driver’s I-94 documentation or one year, whichever is sooner.
This rulemaking is effective March 16, 2026.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsTraining & DevelopmentUSAHR ManagementEnglishTalent Management & RecruitingAssociate Benefits & CompensationIndustry NewsIndustry NewsWage and HourSafety & HealthWage and HourGovernment contractsGeneral Industry SafetyGovernment ContractsMinimum WageHR GeneralistNon-Exempt employees Focus AreaLabor Law PostersLabor Law PostersAssociate RelationsHuman Resources
Federal contractor minimum wage increasing
Federal contractors covered by Executive Order (EO) 13658 will need to pay a minimum wage of $13.65 per hour as of May 11, 2026.
This is an increase of 35 cents per hour over the current rate, which took effect on January 1, 2025. The tipped employee rate will also go up, increasing from $9.30 to $9.55 per hour.
The Department of Labor announced the new rate in a notice published in the Federal Register on February 9.
The rate applies to federal contracts entered into between January 1, 2015, and January 29, 2022. The department notes that although the number of covered contracts has significantly decreased over the past several years, there are some existing contracts that remain subject to the EO 13658 minimum wage.
Contracts entered into on or after January 30, 2022, had been covered by the EO 14026 minimum wage, but this EO was revoked in 2025 and is no longer being enforced.
Contractors covered by EO 13658 will need to display a new poster once the rate increase takes effect.
Key to remember: Federal contractors covered by Executive Order 13658 will need to pay a higher minimum wage as of May 11. They will also need to update their posters.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsIndustry NewsCompliance, Safety, Accountability CSACompliance, Safety, Accountability CSAIn-Depth ArticleEnglishFocus AreaUSA
Wanna boost your CSA score? Go back to the BASICs!
Going back to the BASICs can help you cultivate a culture of safety, improve your CSA score, and avoid the need for intervention from the FMCSA.
The Federal Motor Carrier Safety Administration's (FMCSA’s) Compliance, Safety, Accountability (CSA) enforcement model, which uses seven Behavior Analysis and Safety Improvement Categories (BASICs) to help identify carriers that are high risk.
The BASICs were developed based on information from studies that quantify the associations between violations and crash risk. For example, drivers who do not adhere to the HOS regulations are more likely to drive fatigued, a leading cause of crashes.
The BASICs and their violations are defined as follows:
- Unsafe Driving — Operation of commercial motor vehicles (CMVs) by drivers in a dangerous or careless manner.
- Hours-of-Service (HOS) Compliance — Operation of CMVs by drivers who are ill, fatigued, or in noncompliance with the HOS regulations.
- Driver Fitness — Operation of CMVs by drivers who are unfit to operate a CMV due to lack of training, experience, or medical qualifications.
- Controlled Substances/Alcohol — Operation of CMVs by drivers who are impaired due to alcohol, illegal drugs, and misuse of prescription or over-the-counter medications.
- Vehicle Maintenance — Failure to properly maintain a CMV and prevent shifting loads.
- Hazardous Materials Compliance — Unsafe handling of hazardous materials on a CMV.
- Crash Indicator — Histories or patterns of high crash involvement, including frequency and severity.
Roadside inspection violations that fall into these categories and crash records are then used to predict whether the carrier is likely to have another accident. CSA uses this data to generate a “measure” for each BASIC, which is then used to determine a carrier’s CSA “score.” Carriers with high CSA scores are more likely to experience an intervention from the agency. Interventions range from warning letters to targeted roadside inspections to onsite comprehensive audits.
To minimize risk and prioritize compliance in each of the BASICs, you should:
- Review and update your driver training to make sure drivers understand the importance of all items listed within the BASICs.
- Establish and reinforce your processes and procedures for drug and alcohol testing and intervention.
- Ensure your driver leaders and dispatchers prioritize safety over “just getting the job done” when talking to their drivers.
- Follow a routine schedule for vehicle maintenance.
- Implement any other processes, training strategies or topics, or culture shifts that align with the CSA BASICs.
If you are unsure where you need to make changes, it may be beneficial to perform mock audits to help determine areas of weakness within your organization. Doing this can set you on the right path towards increased compliance and decreased risk of both crashes and investigations.
Key to remember: Going back to the BASICs will help you establish and maintain a culture of safety and accountability. This may be reflected in your CSA score, which will in turn minimize the need for FMCSA intervention.
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.