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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.
FEATURED NEWS
2026-02-10T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
Yes, employees may take FMLA leave to avoid a flare-up
Employees who meet the eligibility criteria under the federal Family and Medical Leave Act (FMLA) may take job-protected leave for reasons such as when they’re incapacitated by their own serious health condition.
Sometimes, those conditions can cause flare-ups. If employees take leave to avoid flare-ups, would taking preventative measures (like time off) qualify for FMLA protections?
The FMLA regulations say, “Yes,” missing work to avoid flare-ups could be job-protected leave. Here’s where this is cited in the regulations:
29 CFR 825.115(f)
Absences attributable to incapacity…qualify for FMLA leave even though the employee or the covered family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three consecutive, full calendar days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
[Emphasis added]
An employee with an autoimmune condition, for example, might stay home to avoid overly cold or hot work environments. Loud construction noise might trigger a migraine. Wildfire smoke could exacerbate chronic lung disease.
In these types of situations, employers must allow employees to take FMLA leave to avoid a flare-up and count the time off as FMLA leave.
Certification
A certification supporting the need for FMLA leave might indicate that the employee needs time away from work to prevent flare-ups. If it doesn’t, and an employee takes a substantial amount of leave for such a reason, the employer may ask for a recertification — especially if the employer doubts the reason for an absence.
As part of the request, the employer may give the health care provider a record of the employee's absence pattern and ask the provider if the serious health condition and need for leave are consistent with such a pattern.
Other steps to avoid a flare-up
In some situations, employers might wonder if they could ask the employee to work from a different location instead of taking leave if the location is the cause of a flare-up. Unfortunately, the employee is entitled to the leave for a qualifying reason, including time off to avert a flare-up.
If an employee chooses to work from a different location, employers wouldn’t count that time as FMLA leave because the employee is still working.
Key to remember: Employers must count and protect an employee’s time off to avoid a flare-up of a medical condition.
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RECENT INDUSTRY HIGHLIGHTS
2026-02-10T06:00:00Z
NewsIndustry NewsMedical and Exposure RecordsMedical and Exposure RecordsSafety & HealthGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
What does OSHA count as employee exposure records?
Employers must retain employee exposure records for 30 years. Since OSHA could issue citations for failing to keep these records, employers need to understand exactly what OSHA considers an “employee exposure record.”
The standard at 1910.1020 defines these records to include certain sampling for toxic or hazardous substances, as well as records of hazardous chemicals used. These are rather broad categories, however.
The regulation does not explicitly require keeping Safety Data Sheets (SDSs) for 30 years. Employers must, however, retain records of the identity (chemical name) of the substance or agent, where it was used, and when it was used for at least 30 years. Saving the SDSs can help fulfill that obligation.
Sampling results
Testing for a hazardous substance in Subpart Z would create an exposure record. Those regulations cover asbestos, lead, chromium, formaldehyde, and many other substances. In addition, the tables in 1910.1000 list hundreds of substances from carbon dioxide to vegetable oil mist. Testing for harmful substances that are not listed could also create an employee exposure record.
In addition, measuring noise, vibration, temperature extremes, or particulate matter will usually create an exposure record that must be retained for 30 years. However, measurements of conditions in a normal range (such as office temperature readings) are not exposure records under the OSHA standard.
Not every sample or measurement will create an exposure record. OSHA clarified that exposure records describe the identity of, and possibly the level of exposure to, a toxic substance or harmful physical agent. For example, if an indoor air quality evaluation sampled the HVAC system, the results might identify non-toxic bacteria typical in office or work environments. That result would not be an employee exposure record.
Known hazards
If employers test for a substance with known human health effects, OSHA considers the results to be an employee exposure record even if the levels are below a listed action level or permissible exposure limit (PEL). The term “employee exposure record” is not limited to records showing that exposure exceeds a particular level, but rather on the mere fact that occupational exposure exists. For example, testing for carbon dioxide levels would create an exposure record even if the results were well within safe parameters.
Of course, if exposures are below the action level, the employer can usually stop monitoring, unless a process or work practice changes in a way that could increase exposure. However, if exposures are above the action level but below the PEL, employers may need to conduct periodic monitoring, all of which become exposure records.
On the other hand, the standard does not cover situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.
Finally, OSHA notes that employee questionnaires are not exposure records because they don’t characterize exposures. For example, employers might survey the workforce about things like comfort, temperature, or similar conditions without actually measuring conditions.
However, if questionnaires address medical information, they can be “employee medical records” under 1910.1020. For instance, the questionnaire under the respiratory protection standard is a medical record, but not an exposure record. OSHA also requires maintaining certain medical records. For more information, see our article, Who retains employee medical records?
Key to remember: Employers must save employee exposure records of hazardous substances even if the measured amount was within acceptable levels.
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NewsMonthly Roundup VideoTransportationBusiness planning - Motor CarrierUSAEnglishEnforcement - DOTBusiness planning - Motor CarrierCMV InspectionsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyOut-of-service criteria - Motor CarrierDaily vehicle inspectionsFleet OperationsFocus AreaVideo
Transportation Monthly Round Up - January 2026
In this January 2026 round up video, we'll review the most impactful transportation safety news.
In this January 2026 round up, we will discuss a new USDOT registration system called Motus, the top vehicle violations of 2025, and the an update for the CDL medical certification process.
The Federal Motor Carrier Safety Administration (FMCSA) is preparing to roll out Motus, a modernized, mobile friendly registration portal. It’s designed to streamline how carriers, brokers, and other regulated entities manage their safety and compliance records. Launching to all users in 2026, Motus will replace fragmented workflows with a single, secure dashboard that marks one of FMCSAs most significant digital upgrades in years.
One of the most important preparation steps is verifying the Portal user access list. Under the Account Management tab, companies should confirm which individuals have Portal access and identify their Company Official.
The FMCSA recommends carriers complete an online Biennial Update (MCS 150) in the Portal before Motus launches. Submitting an update, or confirming no changes are needed, ensures the most current company information transfers into the new system. This includes:
- Operating status
- Fleet size and vehicle types
- Hazmat activity
- Mileage and safety data
Being familiar with the most common violations can help drivers and motor carriers take steps to avoid them. Key among those steps are comprehensive pre-trip, post-trip, and annual inspections — to catch violations before an officer does. Lamps, tires, and brake violations exceeded 1 million in 2025.
The Federal Motor Carrier Safety Administration (FMCSA) has once again extended its 60-day waiver to allow drivers, carriers, and medical examiners more time to come into compliance.
Effective January 11, 2026, through April 10, 2026, the FMCSA waiver extension allows a paper copy of the medical examiner’s certificate (MEC) to be carried by commercial driver's license/commercial learner's permit (CDL/CLP) drivers for up to 60 days after issue. The previous waiver, effective from October 13, 2025, through January 10, 2026, allowed the paper copy to be carried by drivers for 60 days as well.
That’s it for this month’s round up. Stay safe, and thanks for watching.
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HR Monthly Round Up - January 2026
In this January 2026 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
On January 5th, the Department of Labor’s Wage and Hour Division published an opinion letter saying that employers must count the time employees spend traveling to and from medical appointments as leave under the federal Family and Medical Leave Act.
Doctors don’t have to include travel time on FMLA certifications to make them complete and valid. FMLA-protected travel time, however, doesn’t include stops for unrelated activities. For example, a trip to the grocery store on the way to or from a medical appointment isn’t FMLA leave.
In another opinion letter issued recently, the Department of Labor explained employers don’t have to classify employees as exempt (or “salaried”). The nonexempt (or “hourly”) status is the baseline. Employers may classify employees as exempt only if the criteria are met and they want to assign that classification.
The opinion letter was in response to a person who had gone through a job restructuring and was reclassified from exempt to nonexempt, and the person didn’t think the employer could do that. But the DOL clarified that the employer was correct.
And finally, are you feeling stressed? You’re not alone. Workers and employers agree that employee stress is a significant workplace issue, according to a recent survey from the Society for Human Resource Management (or SHRM). The 2026 SHRM State of the Workplace survey, released January 8th, revealed the top three workplace concerns of employees are: #1 salary or wages; #2 stress or burnout; and #3 work/life integration (or balance). HR professionals and executives, however, gave a higher ranking to leadership development when listing their top three workplace needs. But they also listed employee stress and burnout levels as their second main concern, followed by employee salary and wages.
The survey, completed by more than 2,000 workers and 1,800 HR professionals, also found that workers believe HR departments should make the overall employee experience one of their top priorities in 2026, along with total rewards.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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NewsCERCLA, SARA, EPCRA CERCLA, SARA, EPCRASafety and Health Programs and TrainingElectronic Reporting of Injury and Illness RecordsWater ProgramsMonthly Roundup VideoSafety and Health Programs and TrainingUSAWater ProgramsHazard CommunicationInjury and Illness RecordkeepingEnglishTier II Inventory ReportingIndustry NewsSafety & HealthInjury and Illness RecordkeepingWater ReportingGeneral Industry SafetyEnvironmentalHazard CommunicationSARA ComplianceFocus AreaVideo
EHS Monthly Round Up - January 2026
In this January 2026 roundup video, we'll review the most impactful environmental health and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.
Chemical manufacturers, importers, distributors, and employers will have an extra four months to comply with the provisions of OSHA’s revised Hazard Communication standard. When the rule was revised in 2024, it contained staggered compliance dates for those who classify or use chemical substances and mixtures. The first compliance date is now May 19 rather than January 19 of 2026.
On January 8, OSHA issued further technical corrections to its Hazard Communication final rule. An initial set of corrections was published in October 2024, and OSHA continued to review the standard for errors. The agency said these corrections should reduce confusion during the chemical classification process and prevent errors on labels and safety data sheets.
In 2024, private industry employers reported 2.5 million nonfatal workplace injuries and illnesses, according to the Bureau of Labor Statistics. This is down 3.1 percent from 2023 and largely due to a decrease in respiratory illnesses. The greatest number of cases involving days away from work, job restriction, or transfer were caused by overexertion, repetitive motion, and bodily conditions, followed by contact incidents.
Registration is open for OSHA’s Safety Champions Program, which is designed to help employers develop and implement effective safety and health programs. Participants can work at their own pace through Introductory, Intermediate, and Advanced levels.
Turning to environmental news, on January 9, EPA withdrew its direct final rule on SDS/Tier II reporting tied to OSHA HazCom, before it had a chance to take effect. The direct final rule was published back on November 17, 2025, and was intended to relax the Tier II and safety data sheet reporting requirements and align with OSHA’s HazCom standard. EPA said it plans to write a new rule addressing all public comments.
And finally, EPA published a final rule that changes certain requirements for wastewater discharges from coal-fired steam electric power plants. It applies to the deadlines established by the preceding rule finalized in 2024.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-02-06T06:00:00Z
NewsIndustry NewsIndustry NewsCrystalline SilicaSafety & HealthGeneral Industry SafetyEnglishFocus AreaToxic and Hazardous Substances - OSHAUSA
California’s silicosis prevention law now in effect
California’s Silicosis, Training, Outreach, and Prevention (STOP) Act, which was signed into law October 13 by Governor Gavin Newsom, is now in effect.
Silicosis, a severe and incurable, but preventable lung disease, is caused by breathing in respirable crystalline silica. The law aims to limit cases of silicosis by:
- Prohibiting dry cutting and grinding of stone countertops;
- Mandating employee training; and
- Classifying silicosis and silica-related lung cancer from artificial stone as a serious injury or illness.
Starting July 1, 2026, and annually thereafter, impacted employers must submit electronic attestation to Cal/OSHA confirming that all employees performing high-exposure trigger tasks have completed appropriate training as specified in Section 5204, Title 8 of the California Code of Regulations.
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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.