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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-09-29T05:00:00Z
NewsEmergency Planning - OSHAIndustry NewsSafety & HealthGeneral Industry SafetyEmergency ExitsExit RoutesIn-Depth ArticleEnglishFocus AreaUSA
Maintain exit numbers and travel distances during renovations
Buildings or even areas within buildings need at least two exits, at least one within a certain travel distance, and others remotely separated. Employers must ensure that exits remain accessible during and after construction, renovation, or redesign. The requirements depend on many factors including the building type and occupant load.
OSHA explains that an “exit route” consists of three parts:
- The exit access is the portion that leads to an exit (like a corridor).
- The exit is the portion separated from other areas (like a fire resistance-rated stairway).
- The exit discharge is usually the door that leads outside.
The travel distance to an “exit” therefore means the distance to the separated portion, not the distance to a door leading outside. Since OSHA does not use terms like travel distance, employers should review NFPA 101® or building codes for guidance.
Travel distance
The maximum travel distance to an exit varies by building type (industrial, residential, etc.) and the occupant load (number of people). For example, a manufacturing plant with overhead sprinklers might have a maximum travel distance of 250 feet, but a warehouse with sprinklers could have a travel distance of 400 feet. Without sprinklers, these distances decrease.
An exit must be reachable within the travel distance from any point, although secondary exits can be further away. For example, if a warehouse is 400 feet wide and 1,000 feet long, it needs more than two exits to keep the travel distance within 400 feet. Also, travel distance is measured as a walking path, so things like storage racks will increase the walking distance.
These factors were likely evaluated during building construction, but later renovations or changes could impact the travel distance. For example, installing a conveyor that runs the length of a warehouse may increase travel distances. Similarly, if renovation work makes one exit temporarily unavailable, employers must ensure that workers can reach an exit within the travel distance, or must prevent people from working in that area. For related information, see our article Review your exit route strategy to avoid compliance dead ends.
Remoteness and common paths
Exits must be separated by one-half the diagonal distance of the room, known as remoteness. This can be one-third the distance in a building with sprinklers. To illustrate, if a square workshop measures 120 feet per side, separating the exits by one-half the diagonal distance would require placing them at least 85 feet apart. Both exits could even be on the same wall. However, temporarily blocking one exit would create a common path violation.
A common path of travel exists where people must follow only one route until reaching a point where they have a choice of paths. A simple example is a small conference room with only one door. Other than small rooms, common paths should be avoided.
The permissible length of a common path differs by occupancy, but could be as little as 20 feet for a room with an occupancy of 50 or more. For an area with an occupancy under 50 and overhead sprinklers, the common path might be as much as 75 feet. Again, employers should refer to sources like NFPA 101® or building codes for details.
To use the workshop example, blocking one exit would limit workers to a common path of more than 75 feet. Similarly, a mezzanine or elevated area usually needs at least two stairways, so blocking one route can create a violation. Even if the occupancy is under 50, it’s probably not possible to create a common path exit access of less than 75 feet using only a single stairway.
Key to remember: When evaluating renovations, construction, or even storage redesign, ensure that exits remain available within required travel distances and avoid creating common paths.
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RECENT INDUSTRY HIGHLIGHTS
2025-09-29T05:00:00Z
NewsTime ClocksIndependent ContractorsContingent WorkforceIn-Depth ArticleUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsWage and HourContingent WorkforceWage and HourHours WorkedHR GeneralistFair Labor Standards Act (FLSA)OvertimeFocus AreaHuman Resources
$9.3 million independent contractor lesson for health care staffing agency
A staffing agency recently learned an expensive lesson about whether workers were employees or independent contractors. The related court case is a warning for all employers to ensure workers are properly classified.
Under the federal Fair Labor Standards Act (FLSA), employers must pay nonexempt employees overtime at time and a half for any hours worked beyond 40 in a workweek. Employers don’t, however, have to pay overtime to independent contractors.
The case
A staffing agency supplied nurses to health care facilities. It had what it called a “registry” of its nurses, and it connected those nurses with work opportunities at its client health care facilities.
To be included in the registry, nurses had to complete an employment application that referred to the agency as the “employer,” and to the nurses as the “employee.” This application asked about applicants’ credentials, skills, and employment history. The agency also performed background checks, drug screenings, and tuberculosis tests on the applicants. Once hired, the agency then trained the nurses on topics such as patient confidentiality, substance abuse, and sexual harassment.
Once nurses were included in the registry, the agency notified them of available shifts at the agency’s client health care facilities. Nurses could accept or turn down such opportunities.
If a nurse was late for a shift, wanted time off, was ill, or otherwise unable to complete the shift, the nurse had to notify and get approval from the agency — not from the client facility.
At work, the nurses performed typical nursing tasks as directed by a supervising physician. The agency, however, controlled other aspects of the nurses’ workplace conduct. It required, for example, that its nurses wear agency identification. The agency also had written standards for its nurses’ workplace conduct, including attire, punctuality, and timekeeping. If nurses didn’t meet those standards, the agency would discipline them. If a client had problems with a nurse, they had to contact the agency.
The agency also unilaterally dictated its nurses’ hourly pay rates and negotiated fixed hourly rates for the work its nurses performed at the client health care facilities. In turn, the agency would keep a percentage of the hourly rate paid by the client facility. As such, the nurses couldn’t directly negotiate their hourly pay rates with the client facilities where they worked.
Believing the nurses to be independent contractors, the agency paid the nurses their regular rates for all hours worked and didn’t pay overtime.
Trouble begins
In 2017, the U.S. Department of Labor (DOL) launched an investigation into the agency’s FLSA compliance. It determined that the agency misclassified 1,100 nurses as “independent contractors,” didn’t pay them overtime, and didn’t keep proper records. The DOL told the agency to properly classify its nurses as “employees,” but it didn’t.
The problem ended with a court ruling that the nurses were employees of the agency, and not independent contractors, and the agency had to pay $9.3 million to cover the overtime it should have paid to the nurses.
Chavez-Deremer v. Med. Staffing of Am., LLC, 4th Circuit Court of Appeals, No. 23-2176, July 17, 2025.
What employers need to know
To avoid such a situation, employers should be aware of the six factors courts look at to determine whether a worker is an employee or an independent contractor:
- The degree of control that the employer has over the manner in which the work is performed (the agency oversaw shifts, pay, discipline, etc.);
- The worker’s opportunities for profit or loss depend on managerial skill (the nurses had none);
- The worker’s investment in equipment or material, or employment of other workers (the nurses had little, if any);
- The degree of skill required for the work (the nurses did need this, but the other factors outweighed this one);
- The permanence of the working relationship (the nurses’ relationship with the agency was an ongoing one); and
- The degree to which the workers’ services are an integral part of the employer’s business (the nurses’ services were integral to the agency’s business).
Key to remember: Employers must correctly classify workers as employees or independent contractors, or risk facing hefty costs.
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2025-09-29T05:00:00Z
NewsCommercial drivers license CDLFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTChange NoticesChange NoticeCommercial drivers license CDLFocus AreaEnglishTransportationUSA
FMCSA Final Rule: Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)
FMCSA amends the Federal regulations for State Driver's Licensing Agencies (SDLAs) issuing commercial driving credentials to foreign-domiciled individuals. Through this interim final rule (IFR), FMCSA restores the integrity of the commercial driver's license (CDL) issuance processes by significantly limiting the authority for SDLAs to issue and renew non-domiciled commercial learner's permits (CLPs) and CDLs to individuals domiciled in a foreign jurisdiction. This change strengthens the security of the CDL issuance process and enhances the safety of commercial motor vehicle (CMV) operations.
DATES: This IFR is effective September 29, 2025. Comments must be received on or before November 28, 2025. Published in the Federal Register September 29, 2025, page 46509.
View final rule.
| §383.5 Definitions. | ||
| Definition for ‘‘Evidence of lawful immigration status’’ | Added | View text |
| §383.71 Driver application and certification procedures. | ||
| (f) | Revised | View text |
| §383.73 State procedures. | ||
| (a)(6) | Revised | View text |
| (b)(6) | Revised | View text |
| (c)(7) | Revised | View text |
| (d)(7) | Revised | View text |
| (e)(5) | Revised | View text |
| (f)(2) introductory text | Revised | View text |
| (f)(2)(iv) | Added | View text |
| (f)(3) | Revised | View text |
| (f)(5)-(6) | Added | View text |
| (m) | Revised | View text |
| §384.212 Domicile requirement. | ||
| (a)(1)-2) | Added | View text |
| §384.301 Substantial compliance-general requirements. | ||
| (q) | Added | View text |
Previous Text
§383.71 Driver application and certification procedures.
* * * *
(f) Non-domiciled CLP and CDL. (1) A person must obtain a Non-domiciled CLP or CDL:
(i) If the applicant is domiciled in a foreign jurisdiction, as defined in §383.5, and the Administrator has not determined that the commercial motor vehicle operator testing and licensing standards of that jurisdiction meet the standards contained in subparts G and H of this part.
(ii) If the applicant is domiciled in a State that is prohibited from issuing CLPs and CDLs in accordance with §384.405 of this subchapter. That person is eligible to obtain a Non-domiciled CLP or CDL from any State that elects to issue a Non-domiciled CLP or CDL and that complies with the testing and licensing standards contained in subparts F, G, and H of this part.
(2) An applicant for a Non-domiciled CLP and CDL must do both of the following:
(i) Complete the requirements to obtain a CLP contained in paragraph (a) of this section or a CDL contained in paragraph (b) of this section. Exception: An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document (EAD) issued by USCIS or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant’s most recent admittance into the United States. No proof of domicile is required.
(ii) After receipt of the Non-domiciled CLP or CDL, and for as long as it is valid, notify the State which issued the Non-domiciled CLP or CDL of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his/her driving privileges. Such adverse actions include, but are not be limited to, license disqualification or disqualification from operating a commercial motor vehicle for the convictions described in §383.51. Notifications must be made within the time periods specified in §383.33.
(3) An applicant for a Non-domiciled CLP or CDL is not required to surrender his/her foreign license.
§383.73 State procedures.
* * * *
(a)(6) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in §383.71(a)(5) and proof of State of domicile specified in §383.71(a)(6). Exception: A State is required to check the proof of citizenship or legal presence specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade or transfer of a CDL or Non-domiciled CDL for the first time after July 8, 2011, provided a notation is made on the driver’s record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done.
* * * *
(b)(6) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in §383.71(b)(9) and proof of State of domicile specified in §383.71(b)(10). Exception: A State is required to check the proof of citizenship or legal presence specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade or transfer of a CDL or Non-domiciled CDL for the first time after July 8, 2011, provided a notation is made on the driver’s record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done;
* * * *
(c)(7) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in §383.71(b)(9) and proof of State of domicile specified in §383.71(b)(10). Exception: A State is required to check the proof of citizenship or legal presence specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade or transfer of a CDL or Non-domiciled CDL for the first time after July 8, 2011, provided a notation is made on the driver’s record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done;
(d)(7) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in §383.71(b)(9) and proof of State of domicile specified in §383.71(b)(10). Exception: A State is required to check the proof of citizenship or legal presence specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade or transfer of a CDL or Non-domiciled CDL for the first time after July 8, 2011, provided a notation is made on the driver’s record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done;
(e)(5) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in §383.71(b)(9) and proof of State of domicile specified in §383.71(b)(10). Exception: A State is required to check the proof of citizenship or legal presence specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade, or transfer of a CDL or Non-domiciled CDL, for the first time after July 8, 2011, provided a notation is made on the driver’s record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done;
* * * *
(f)(2) State procedures for the issuance of a non-domiciled CLP and CDL, for any modifications thereto, and for notifications to theCDLIS must at a minimum be identical to those pertaining to any other CLP or CDL, with the following exceptions:
* * * *
(f)(3) The State must require compliance with the standards for providing proof of legal presence specified in §383.71(b)(9) and §383.71(f)(2)(i).
* * * *
(m) Document verification. The State must require at least two persons within the driver licensing agency to participate substantively in the processing and verification of the documents involved in the licensing process for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade or transfer of a CDL or Non-domiciled CDL. The documents being processed and verified must include, at a minimum, those provided by the applicant to prove legal presence and domicile, the information filled out on the application form, and knowledge and skills test scores. This section does not require two people to process or verify each document involved in the licensing process. Exception: For offices with only one staff member, at least some of the documents must be processed or verified by a supervisor before issuance or, when a supervisor is not available, copies must be made of some of the documents involved in the licensing process and a supervisor must verify them within one business day of issuance of the CLP, Non-domiciled CLP, CDL or Non-domiciled CDL.
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2025-09-29T05:00:00Z
NewsIndustry NewsEnglishAssociate RelationsHR GeneralistIn-Depth ArticleUSAHR ManagementWellnessWellnessFocus AreaHuman Resources
Expert Insights: Too tired, too busy, too scared? Tame your exercise excuses
A few months ago I met with a health coach who suggested I do more exercises to build muscle. I told her I would try to use heavier weights during my exercise classes, and during our follow-up chat I revealed my progress: I had used heavier weights exactly one time in two months.
If you’re like me, you have plenty of excuses for not meeting your exercise goals. Thankfully, there are ways to overcome them. The Centers for Disease Control and Prevention offers some nice tips:
- There’s no time. Find three 30-minute time slots a week for physical activity.
- I don’t want to do this alone. Find a group to exercise with, such as a class at a fitness center or a hiking club.
- I’m too tired. Schedule activity for times in the day or week when you feel energetic. Also, add activity to your day by walking at lunch or taking the stairs.
- I have too much to do. Make activity part of your schedule; write it on your calendar.
- I’ll probably hurt myself. Talk to a health professional about activities that are right for you.
- I have young children and am too busy. Trade babysitting time with a friend or family member with small children. When it’s their turn to watch the children, it’s your turn to be physically active. When the children get older, go on family bike rides or walks.
What was my excuse for not using the heavier weights? I was scared of lagging behind the rest of the class. (Realistically, I know everyone is thinking about their own workout rather than watching me, but I couldn’t bring myself to struggle in front of others.)
Her solution was to do a two-minute lifting session with heavier weights at home.
This has worked. I set a timer on my phone and go through a brief routine while watching TV.
Life still gets in the way, of course, and I haven’t been as consistent as I’d like to be. But that doesn’t mean I stop trying I don’t think giving up would be an acceptable excuse.
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2025-09-26T05:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyCommercial learners permit CLPCommercial drivers license CDLCDL endorsements and restrictionsFocus AreaEnglishTransportationUSA
FMCSA announces changes to non-domiciled CDL issuance
The Federal Motor Carrier Safety Administration (FMCSA) has announced an emergency action, placing restrictions on who is eligible to obtain a non-domiciled commercial learner’s permit (CLP) and non-domiciled commercial driver’s license (CDL).
Details of the rule
Effective immediately, under the interim final rule (IFR), to obtain a non-domiciled CLP or CDL, non-citizens (except lawful permanent residents) must meet specific requirements, including possessing an unexpired foreign passport and a valid, non-expired employment-based visa.
State driver licensing agencies (SDLAs) will be required to query the Systematic Alien Verification for Entitlements (SAVE) system to verify the non-domiciled CDL applicant’s immigration status.
The SAVE system, administered by U.S. Citizenship and Immigration Services (USCIS) is used by government agencies to verify the immigration status and U.S. citizenship of applicants for public benefits and licenses.
The IFR shortens the term of a non-domiciled CDL to one year or the expiration date of the visa, whichever occurs first. Also, all renewals will need to be completed in person at an SDLA office (no mail or online renewal option).
Enforcement action against California
FMCSA has also announced that in addition to this emergency rule, FMCSA has initiated a direct enforcement action against California. The state must immediately:
- Pause issuance of non-domiciled CDLs,
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations, and
- Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
California has 30 days to come into compliance, or FMCSA will withhold federal highway funds — starting at nearly $160 million in the first year and doubling in year two.
FMCSA cited a recent audit that revealed that 25 percent of non-domiciled CDLs were issued improperly as the reason for the immediate action.
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2025-09-26T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyInjury and Illness Recording CriteriaGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
Physical therapy, therapeutic exercise, chiropractic care, Oh My!
When a worker gets hurt on the job, whether it’s a strained back from lifting or a sore shoulder from overhead work, the road to recovery often includes more than just rest and ice. Physical therapy, chiropractic care, and therapeutic exercise are common methods to treat these conditions, but they can also carry important implications for OSHA recordkeeping.
So, when do these treatment methods become recordable under OSHA’s rules? Let’s break it down.
What is recordable?
The first question to answer is what does “recordable” mean? Not all injuries are recorded on OSHA 300 logs. The agency outlines the criteria for recordability under 29 CFR 1904.7, which states that a work-related injury or illness is recordable if it results in:
- Death
- Days away from work
- Restricted work or job transfer
- Medical treatment beyond first aid
- Loss of consciousness
- Diagnosis of a significant injury or illness
How do I know if medical treatment is considered beyond first aid?
OSHA’s final rule on recordkeeping clearly states that if medical care includes treatments such as stitches, prescription medications, or the use of a rigid splint, the incident must be recorded. In contrast, first aid measures, like bandages, non-prescription pain relievers, or even massages, do not trigger recordability.
OSHA provides a list of what is considered first aid for recordkeeping purposes at 1904.7(b)(5)(ii), even stating, “this is a complete list of all treatments considered first aid for part 1904 purposes.”
Even if first aid care is repeated or provided by a licensed professional, that doesn’t make the injury recordable. Additional criteria like lost time or restricted work must also apply.
The most important thing to remember is that if it is not on the list, it is considered medical treatment beyond first aid for OSHA recordkeeping purposes.
Is physical therapy or chiropractic care recordable?
OSHA is pretty clear that both physical therapy and chiropractic care are considered medical treatment beyond first aid. That means any use of these treatments for a work-related injury or illness makes the case recordable.
1904.7(b)(5)(ii)(M) Physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes and are not considered first aid.
Additionally, OSHA clarified that even one session may be recordable if it’s part of a treatment plan and it doesn’t matter whether treatment happens on-site or off-site.
Is exercise recordable?
Therapeutic exercise might seem like a simple stretching routine or light movement, but if it’s prescribed by a healthcare provider to treat a specific work-related injury, it’s considered medical treatment beyond first aid, and that makes it recordable.
In fact, OSHA has clarified this in a 2010 letter of interpretation, stating that it “considers therapeutic exercise as a form of physical therapy and intentionally did not include it as a first aid treatment.” Even if the exercises seem non-invasive or low impact, the key factor is intent, if they’re prescribed to treat a work-related injury, they are recordable.
However, one important thing to note is that preventive exercises like pre-shift stretching routines or ergonomic warm-ups are not recordable unless they’re part of a treatment plan for a diagnosed condition.
Key to remember: Physical therapy, chiropractic care, and therapeutic exercise are recordable if prescribed for a work-related injury. Even one session counts as medical treatment beyond first aid.
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