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SAFETY & COMPLIANCE NEWS

Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.

Regulations change quickly. Compliance Network ensures you never miss a relevant update with a personalized feed of featured news and analysis, industry highlights, and more.

RECENT INDUSTRY HIGHLIGHTS

Who can fill out FMLA forms? The answer might surprise you
2025-03-27T05:00:00Z

Who can fill out FMLA forms? The answer might surprise you

One of the most common questions involving the federal Family and Medical Leave Act (FMLA) that we see is: “Can ________ fill out the medical certification?”

This question stumps a lot of HR people and can be a little confusing.

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New OOS criteria in effect April 1 — no foolin’!
2025-03-27T05:00:00Z

New OOS criteria in effect April 1 — no foolin’!

Time to spring into action: The new 2025 North American Standard Out-of-Service Criteria (OOSC) goes into effect April 1, 2025.

Created and enforced by the Commercial Vehicle Safety Alliance (CVSA), the OOSC is the guidance officers use to determine if a violation discovered during a roadside inspection makes the driver or vehicle an imminent hazard. If an imminent hazard is discovered, the violation must be corrected before the driver or vehicle can operate again.

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Avoid risk during a merger or acquisition
2025-03-27T05:00:00Z

Avoid risk during a merger or acquisition

Mergers and acquisitions (M&A) in the trucking industry bring with them a distinct set of compliance challenges, particularly when it comes to adhering to the safety regulations.

As businesses consolidate or acquire other motor carriers, they must carefully navigate various regulatory requirements to ensure they remain compliant with Federal Motor Carrier Safety Administration (FMCSA) regulations  standards.

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An interlock IS a safety lock, right?
2025-03-27T05:00:00Z

An interlock IS a safety lock, right?

Since an interlock keeps a machine from running, it can be used for lockout, can’t it? It seems logical; however, OSHA says “no” .... for now. According to the Control of hazardous energy (lockout/tagout) standard at 1910.147, energy isolating devices don’t include electronic control devices such as interlocks, buttons, or switches.

There is some good news, however! This is something that OSHA is currently reviewing as they consider technological advancements that are becoming available.

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The high stakes of being a high-risk carrier: CSA investigations
2025-03-26T05:00:00Z

The high stakes of being a high-risk carrier: CSA investigations

Over 12,000 motor carriers are subject to Compliance, Safety, Accountability (CSA) investigations each year. If your roadside inspection or crash data suggests you’re a high-risk carrier, you could be next.

What are CSA investigations?

The Federal Motor Carrier Safety Administration (FMCSA) uses the term “investigation” for what many in the transportation industry call an “audit.”

What makes a carrier at risk of an investigation?

The FMCSA evaluates motor carriers’ on-road performance and previous investigation results to help identify those who are high risk.

FMCSA’s CSA enforcement model uses seven Behavior Analysis and Safety Improvement Categories (BASICs). Six BASICs group similar roadside inspection violations that may cause or increase the severity of a crash, and the seventh BASIC focuses on the details of commercial motor vehicle (CMV) crashes to predict whether the carrier is likely to have another accident.

The BASICs include:

  • Unsafe Driving
  • Hours of Service (HOS) Compliance
  • Driver Fitness
  • Controlled Substances and Alcohol
  • Vehicle Maintenance
  • Hazardous Materials (HM) Compliance
  • Crash Indicator

CSA uses this data to generate a “measure” for each BASIC. The algorithms consider the nature of the roadside inspection violation or crash, how recent it occurred, and the carrier’s level of exposure on the road (e.g., number of violations, vehicles, miles traveled, and roadside inspections).

Each BASIC measure is then compared against carriers with similar exposure, and the carrier is assigned a percentile ranking (commonly known as a CSA “score”). If the carrier exceeds a predetermined threshold for the BASIC (roughly 60-80 percent for most), they are more likely to experience an intervention from the agency. Interventions range from warning letters to targeted roadside inspections to investigations.

Refer to the following to determine your risk of a CSA investigation.

High risk of an onsite comprehensive audit:

  • At or above the 90th percentile on two or more of these BASICs for two consecutive months: Unsafe Driving, Crash Indicator, Hours-of-Service (HOS) Compliance, and Vehicle Maintenance; and
  • No onsite audit in the last 18 months.

Moderate risk of an audit:

  • At or above the intervention threshold on two or more of these BASICs: Unsafe Driving, Crash Indicator, HOS Compliance, and Vehicle Maintenance;
  • No intervention in the last 12 months; and
  • No warning letter in the last 6 months.

Some audit risk:

  • One or more BASICs at or above the intervention threshold or with unresolved acute or critical violations;
  • No intervention in the last 12 months; and]
  • No warning letter in the last 6 months.

A motor carrier with any BASIC at or above the intervention threshold and who has not already received one in the last 18 months will receive a warning letter urging them to take action to improve their scores. The carrier will then be monitored to ensure their score(s) improve within the next six months.

Off-site investigations are recommended for carriers with two or fewer BASICs requiring investigation. Note, however, that carriers investigated for vehicle maintenance issues will be audited onsite.

Key to remember: Any carrier whose safety data suggest they are more likely to be in a crash could find themselves subject to one of three CSA investigation types.

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