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
2026-01-23T06:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthGeneral Industry SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
Growth phases of the safety professional
I’ve been working with safety professionals for more than 25 years, answering questions, providing guidance, helping them keep their employees safe, and helping keep their employers out of trouble. I suspect that my own career growth is typical and reflects what many others have gone through.
Initially, we go through a learning phase. The first few years on the job can feel overwhelming, when there’s so much to learn. That includes not only all the requirements, but even the simple matter of where to find the requirements along with the guidelines on how to best implement them. Building relationships within your own company to be more effective and developing professional contacts elsewhere who can provide guidance is all part of the initial learning phase.
After a few years, we start to reach a comfort level. Sure, we don’t know everything, but we have a pretty good idea of where to look. More importantly, we’ve developed some instincts about things that “just don’t look right.” Prior to this, if someone told us “that’s how things are done” we might have accepted it, but now we’re more willing to ask questions. We’re also feeling comfortable enough to push for going beyond the regulations. Maybe that is “how things have always been done” but we’re willing to push for improvements even if that requires overcoming some resistance to change.
After ten or fifteen years, we’re feeling pretty confident. We now have experience in many different areas. During the initial learning phase, every new responsibility required researching an entirely new topic from scratch. And although even the most experienced safety professionals don’t have everything memorized, we now have bookmarks for the most common reference points. We’re using resources that newbies don’t even know about. And very likely, we’re starting to mentor others and become the professional contacts for those less experienced.
The last phase often reverts to a learning phase. Perhaps the act of trying to answer questions from others creates a challenge that we had not previously encountered. Even if you think you have most of the answers, you’ll discover that you learn a lot by teaching others. This new learning phase makes us realize how much we still don’t know, and how much more we have to learn. Being a mentor is not only rewarding but generates a lot of self-reflection and growth.
As noted, I’ve now been in the safety field for more than a quarter century, and I’m still learning new things every week. That’s one of the reasons the job stays fresh and challenging. There’s always a new direction or new topic, even just a new approach to a well-known topic. May the learning never end!
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RECENT INDUSTRY HIGHLIGHTS
2026-01-23T06:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
When FMLA certifications don’t move at light (or sloth) speed
During a recent webcast, attendees mentioned how they find that doctors often take their time when completing and providing a certification supporting leave under the federal Family and Medical Leave Act (FMLA).
Under the FMLA, employees have at least 15 days to give employers the requested certification, absent extenuating circumstances. Sometimes, doctors are the cause of employees missing those 15 days. The webcast revealed that it’s not unusual for 15 percent of employees requesting leave miss the 15-day deadline. For some employers, that number is 60 percent!
The FMLA doesn’t govern health care providers or their actions. Employees are to put forth a good-faith effort to get a certification. Despite such efforts, however, they might miss that deadline because of events outside of their control, like doctors choosing not to complete them quickly.
Therefore, employers are expected to be flexible with a certification deadline.
Give the doctors some help
When asking for certifications, employers may give doctors some information that can help them understand the role they play in helping employees get FMLA leave.
The U.S. Department of Labor came up with some information employers can share with doctors, complete with links to certain terms. This information might help doctors see the importance of getting a certification completed and returned.
It mentions the 15 calendar days employees generally have. It also lists what’s needed to make a certification complete and sufficient. Doctors are also informed that if they don’t provide complete and sufficient information, they may be asked to clarify or authenticate the contents.
It also says that doctors might expect to see requests for:
- Recertifications,
- Fitness-for-duty certification, or
- New certifications if a condition lasts into a new 12-month leave year.
How much time is reasonable?
As mentioned, employees have 15 calendar days to get their employer a certification, unless it’s not possible through no fault of their own. How much more time should employers give employees?
The FMLA doesn’t have a set amount of additional time employers must give employees. Employers have to look at all the details of the particular situation when assessing this. Some doctors, for example, like to take 2 – 6 weeks to complete a certification. There is no one-size-fits-all solution.
Key to remember: Employers might have to be flexible when it comes to the 15-day certification deadline, but they can help doctors understand the part they play.
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2026-01-23T06:00:00Z
NewsSexual HarassmentSexual HarassmentUSAHR ManagementEnglishAssociate Benefits & CompensationDiscriminationGender DiscriminationDiscriminationTitle VII (The Civil Rights Act of 1964)Industry NewsIndustry NewsHostile environmentProtected classesHR GeneralistAssociate RelationsFocus AreaHuman Resources
EEOC votes to rescind harassment guidance document
On January 22, the Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind the latest version of its guidance on harassment in the workplace. The commission acted without any notice or comment period.
Approved in 2024, the nearly 200-page guidance document described how harassment based on protected characteristics — such as race, sex, religion, age, and disability — is defined under federal law. It included more than 70 examples of situations employers might encounter in the workplace.
Guidance updated in 2024, edited in 2025
While most of the information in the 2024 guidance wasn't new, one addition was a section on gender identity and sexual orientation. Citing the 2020 Supreme Court decision Bostock vs. Clayton County and other cases, the added guidance included examples of prohibited conduct, such as repeated and intentional use of a name or pronoun the individual no longer uses, and denial of access to a bathroom consistent with their gender identity.
That section of the 2024 guidance was vacated in May 2025 by a federal court in Texas. The court held that the EEOC had exceeded its authority “by issuing Enforcement Guidance requiring bathroom, dress, and pronoun accommodations inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.” Shortly after, a notice was added to the guidance online, and paragraphs were greyed out on the website.
What happens next
The repeal of the guidance doesn’t have a legal effect. The guidance was a non-binding document. The EEOC cannot determine that any given conduct is lawful or unlawful under Title VII — that determination is made by the courts.
With respect to LGBTQ issues, the Bostock decision remains the law of the land. Thus, Title VII protects against discrimination because of sexual orientation and gender identity. When it decided Bostock, however, the Supreme Court expressly noted that it was not “addressing bathrooms, locker rooms, or anything else of the kind” and that those were “questions for future cases.” Since Bostock, courts have come to differing conclusions as to the scope of the case’s application and protections.
Many state and local laws and ordinances expressly prohibit discrimination based on sexual orientation and gender identity, regardless of how the EEOC views the scope of federal law. These state and local laws remain in full force.
Employers should know that even if the EEOC doesn’t pursue a claim of discrimination or makes a no-cause determination, an employee who feels they were discriminated against can file a civil lawsuit on their own behalf.
Key to remember: The EEOC voted on January 22 to rescind its detailed guidance document on harassment in the workplace. Despite the withdrawal of the EEOC’s guidance, employers should continue to ensure that their workplaces are free of unlawful discrimination and be especially mindful of state and local law considerations.
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2026-01-22T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
DOL sees televisits as ‘treatment’ for FMLA leave
The federal Family and Medical Leave Act (FMLA) gives eligible employees of covered employers unpaid, job-protected leave for specified reasons. Eligible employees may take up to 12 workweeks of leave in a 12-month period for, among other things, a serious health condition that makes employees unable to perform their essential job functions, or to care for a spouse, child, or parent with a serious health condition.
Under the FMLA, a “serious health condition” is an “illness, injury, impairment, or physical or mental condition that involves” either:
- Inpatient care, such as an overnight stay in a hospital, hospice center, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care, or
- Continuing treatment by a health care provider.
The U.S. Department of Labor’s (DOL) FMLA regulations define the term “treatment” to include “examinations to determine if a serious health condition exists and evaluations of the condition.”
The DOL’s regulations also provide that “[t]reatment by a health care provider means an in-person visit to a health care provider.” The DOL added this provision in 2008 to clarify that treatment means an “examination, evaluation, or specific treatment, and does not include, for example, a phone call, letter, email, or text message.”
Back in 2020, the DOL indicated that it would consider telemedicine visits to be in-person visits for purposes of establishing an FMLA-qualifying serious health condition. To be considered an in-person visit, the telemedicine visit must:
- Include an examination, evaluation, or treatment by a health care provider;
- Be permitted and accepted by state licensing authorities; and,
- Be performed via video conference versus a simple phone call.
Key to remember: When employers are trying to determine if an employee or their family member received appropriate treatment for an FMLA-qualifying serious health condition, they must accept treatment via telemedicine.
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2026-01-22T06:00:00Z
NewsIndustry NewsIndustry NewsBusiness planning - Motor CarrierMotorcoach operating authorityFocus AreaOperating AuthorityFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
Get ready for the new Motus rollout
If you have a USDOT Number and/or Operating Authority, then this article is for you!
Motus, the new dashboard for registration actions, is coming soon for all users, and being prepared now can save you headaches down the road. Carriers and other registered entities can get ready for this launch through these three simple steps:
1. Activate your FMCSA Portal account
Carriers should log into their Federal Motor Carrier Safety Administration (FMCSA) Portal account to either create or confirm active status for those accounts. An active Portal account allows you to claim your existing USDOT Number and to create a company account in Motus later this year.
You can log into an existing account by navigating to the Portal login page, and create a new account on the Portal’s registration page.
2. Verify your Portal user list
You can use the “Account Management” tab in the Portal to view and confirm which users have access to your Portal account. Double check to make sure the Company Official listed on the site is either the company owner or the employee who’s in charge of handling FMCSA registration.
Keep in mind that the Company Official’s Login.gov email for the Portal must be the same Login.gov email used for logging into Motus. This is the only way to link your USDOT Number with the Motus account.
The FMCSA recommends ensuring that the Company Official isn’t a transportation service provider or outside consultant.
3. Update your company info
The FMCSA recommends submitting an online Biennial Update (MCS-150) under the Portal’s “Registration” tab. This will make sure the most up-to-date information is on file and help make the transition to Motus even smoother.
Further assistance
For help with any of these steps or answers to your questions about how to manage your Portal account, please see the FMCSA Portal Registration User Guide for more specific guidance.
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2026-01-22T06:00:00Z
NewsAir QualityIndustry NewsAir EmissionsCAA ComplianceEnvironmentalIn-Depth ArticleFocus AreaEnglishAir ProgramsUSA
Wildfire air pollution is rising: What federal findings mean for industry compliance
Wildfires have become one of the largest drivers of elevated air pollution in the United States, and recent federal publications show that their impact is increasing in both scale and severity. EPA confirms that large and catastrophic wildfires now produce substantial increases in fine particulate matter (PM2.5) across broad regions of the country, including smoke transported from Canada and Mexico. These events are raising background PM2.5 levels and expanding the number of communities experiencing smoke each year. As these trends accelerate, industries face new challenges in compliance, permitting, and worker protection, especially as wildfire seasons grow longer and smoke events more frequent.
Federal research shows PM2.5 from wildfires increasing nationwide
EPA’s most recent wildfire smoke analysis shows clear year to year increases in PM2.5 concentrations attributed to wildfire smoke across the United States. Data from 2006–2020 demonstrate that smoke driven PM2.5 spikes are occurring more often and across a wider geographic footprint. The agency reports that national public health impacts are significant, with thousands of annual emergency room visits, hospitalizations, and deaths linked to wildfire smoke exposure.
The National Oceanographic and Atmospheric Administration’s (NOAA’s) 2025 federal wildfire smoke review supports these findings. Using space-based instrumentation GOES 19, TEMPO, and other satellite scientific tools, NOAA shows that thick smoke plumes from Canadian and U.S. fires degraded air quality across the Upper Midwest and other regions, even hundreds of miles from the fires. These satellite observations are paired with EPA ground monitors to identify high pollution zones and support air quality alerts.
Together, EPA and NOAA findings confirm that wildfire smoke is a major and rising contributor to PM2.5 levels, which is important for industries located in or downwind of wildfire prone areas.
Exceptional events
A central compliance question for industry is whether wildfire related pollution counts toward National Ambient Air Quality Standards (NAAQS) attainment. Under the Exceptional Events Rule, wildfire smoke can be excluded from NAAQS determinations if states demonstrate that exceedances were caused by an uncontrollable natural event. EPA’s wildfire smoke guidance highlights the increasing burden of documenting smoke impacts and shows how PM2.5 spikes related to fires have grown more common.
The agency acknowledges that wildfire smoke frequently pushes PM2.5 concentrations into unhealthy ranges. During the 2023 Canadian wildfire episode, for example, EPA referenced surveillance showed measurable increases in asthma related emergency room (ER) visits. Even when these pollution spikes qualify as exceptional events, they still influence public health, air quality planning, and operational decisions for industry.
At the same time, NOAA continues to refine federal smoke forecasting models used by the National Weather Service (NWS) and EPA. These models help states prepare exceptional event documentation and guide industrial contingency planning when wildfire smoke is anticipated.
Why industry EHS professionals should pay close attention
- Compliance and attainment risk: Wildfire smoke may be excluded as an exceptional event, but elevated PM2.5 levels can still push a region toward nonattainment before exclusion is approved. This creates uncertainty for industries during permit renewals, emissions modeling, and long-term facility planning. EPA’s data clearly indicate that wildfire driven PM2.5 exceedances are rising nationwide.
- Worker exposure and health risk: EPA and NOAA findings confirm that wildfire smoke carries fine particulate matter capable of worsening respiratory and cardiovascular conditions. Industries with outdoor workers must consider revised exposure protocols, respirators, and schedule adjustments during smoke episodes.
- Operational and supply chain stability: NOAA’s wildfire smoke analysis shows that smoke can travel long distances, disrupt visibility, affect logistics, and degrade regional air quality for days or weeks. Companies dependent on transportation corridors or sensitive equipment should plan for smoke related delays and monitoring.
- Community and stakeholder expectations: Even when deemed an exceptional event, wildfire smoke contributes to local risk perceptions. Facilities may face increased scrutiny, especially if their emissions interact with elevated regional PM2.5.
Bottom line for industry
Federal research shows that wildfire driven air pollution is increasing in both frequency and intensity, often raising PM2.5 concentrations across entire regions. EPA’s Exceptional Events Rule may exclude wildfire smoke from NAAQS compliance, but industries still face operational, health, and planning challenges as wildfire seasons intensify. NOAA’s satellite data confirms that smoke impacts will continue to widen under changing climate conditions.
Key to remember: For EHS professionals, wildfire smoke is no longer only a regional hazard. It is a strategic compliance and operational issue requiring enhanced monitoring, seasonal planning, and proactive communication.
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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.