SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-08-12T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Cam scam! Employee caught at event while on FMLA
Getting caught on camera doing something you weren’t supposed to be doing can have repercussions. If employees who are on leave under the federal Family and Medical Leave Act (FMLA) are caught on social media or other venues doing what appears to be against their need for leave, they can risk losing their FMLA protections and maybe even their jobs.
Coworkers have been known to tell their supervisors that they’ve seen employees on FMLA leave doing suspicious activities. Supervisors might consider these reports as idle gossip and hesitate to take the information to HR or senior leadership. Employers, however, benefit from hearing about such situations.
Supervisors and employers might also believe that, while employees are on FMLA leave, they may not be disciplined. This isn’t always true.
Investigate
When employers (including supervisors) get wind of a potential FMLA fraud situation, they should dig into it a bit. Employees on FMLA leave aren’t completely untouchable; they may be disciplined for infractions unrelated to the leave. This includes taking FMLA leave for reasons that don’t qualify.
Consider the source
Often, unhappy coworkers are the ones to tell employers if they see employees frolicking under suspicious circumstances. They might be upset because they’re picking up the slack left by employees out on FMLA leave. Employers might, therefore, have to explain that they will look into the matter. After all, the employee could be within their FMLA rights to be at the event. Employers shouldn’t share private information (including medical information) with coworkers.
Review the certification
To help determine if an employee is using FMLA leave fraudulently, employers should carefully review the employee’s FMLA certification to see what the employee’s limitations are. Employees could be able to attend an event and still stay within their restrictions.
Employees with mental health conditions, for example, could benefit from being outside at a park or going for a walk along a trail. An employee on FMLA leave for knee surgery, however, should probably not be surfing or skiing.
Fraud
Employees who fraudulently take FMLA leave aren’t protected by the FMLA's job restoration or maintenance of health benefits provisions. This means employees can be fired for taking leave for a reason that doesn’t qualify, especially if they lie about it.
Key to remember: Employers should carefully investigate reports of employees on FMLA leave behaving suspiciously.
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RECENT INDUSTRY HIGHLIGHTS
2025-08-12T05:00:00Z
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
Use chemical risk evaluations to plan ahead
Wouldn’t it be helpful to know ahead of time if a chemical that your facility uses may soon face additional or stricter regulations? Such an alert system exists! It’s in the form of risk evaluations conducted by the Environmental Protection Agency (EPA).
The Toxic Substances Control Act (TSCA) requires EPA to evaluate existing chemicals in the U.S. marketplace for safety. If the agency determines that a chemical substance poses an unreasonable risk to human or environmental health, it immediately begins the risk management process. Through the process, EPA develops compliance rules to control the risk.
Consider EPA’s final risk evaluation for 1,1-dichloroethane published in June 2025. In it, the agency determined that three uses present an unreasonable risk of injury to workers. EPA will now develop and finalize regulations to address the risk.
If EPA issues a final risk evaluation on a chemical substance that your facility manufactures (including imports), processes, distributes, uses, and/or disposes of, take note! It answers multiple questions that can help your facility prepare for future compliance obligations.
Will my facility have to comply?
EPA’s risk evaluation determines whether an existing chemical substance presents an unreasonable risk to health or the environment under specific conditions of use (COUs). Risk management regulations only apply to the COUs that present an unreasonable risk. If your facility engages in any covered COU, it will have to comply with the applicable future restrictions.
Let’s revisit the 1,1-dichloroethane risk evaluation. One of the three COUs that endanger the health of workers through inhalation exposure is processing the chemical substance for recycling. If a facility doesn’t process 1,1-dichloroethane for recycling, it won’t have to comply with future regulations for that COU.
Who’s affected?
The final risk evaluation defines the categories of human and environmental populations covered by the assessment (such as consumers, the general population, workers, and aquatic species), and it identifies the COUs that apply to them.
Knowing the types of populations that a covered COU affects can help facilities narrow down the kinds of compliance requirements that may apply. For instance, a final risk management rule may require facilities to:
- Implement a workplace chemical protection program for exposed employees,
- Send downstream notifications to supply chain members, or
- Add warning labels to consumer products.
What’s the regulatory timeline?
TSCA grants EPA one year from the publication date of the final risk evaluation to propose a risk management rule and another year after that to finalize it. So, potentially covered facilities can expect regulations within two years of the final risk evaluation.
For example, EPA published the final risk evaluation for 1,1-dichloroethane in June 2025, so the agency should finalize a rule by June 2027.
Compliance obligations for a final rule likely won’t begin immediately; EPA usually gives facilities time to make any needed changes to things like operations, equipment, etc.
How can my facility prepare?
Keep these tips in mind:
- Search for safer alternative chemical substances to use. In addition to eliminating the potential for new or additional compliance requirements, using a safer alternative can offer your business a competitive advantage. EPA’s Safer Chemical Ingredients List may be a good place to start.
- Look for ways to reduce employee exposure to the chemical substance. Evaluate your facility’s existing operations for ways to lower worker exposure. Consider things like changing work processes or upgrading to equipment with more protective features.
- Participate in the rulemaking. EPA will open its proposed risk management rule for public comments. You can provide feedback on the compliance requirements the agency plans to impose on regulated facilities. EPA will consider the public comments it receives before finalizing a rule.
Key to remember: EPA’s final chemical risk evaluations give facilities a heads-up that compliance changes are likely within the next couple of years.
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2025-08-12T05:00:00Z
NewsIndustry NewsPublicly Owned Treatment WorksWater ProgramsIndustrial WastewaterEnvironmentalIn-Depth ArticleCWA ComplianceEnglishFocus AreaUSA
Smart pretreatment: How digital tools are transforming industrial wastewater management
Industrial wastewater pretreatment systems are evolving quickly. With tighter regulations, aging infrastructure, and rising costs, many facilities are turning to digital tools to modernize their operations. From real-time monitoring to predictive analytics, these technologies help permitted systems stay compliant, reduce risks, and improve performance.
Real-time monitoring improves oversight and response
One of the most important advancements is the use of real-time sensors and Supervisory Control and Data Acquisition (SCADA) systems. These tools allow operators to monitor key factors like pH, flow rate, temperature, and contaminant levels around the clock. If something goes out of range, alerts are sent immediately – helping prevent violations and environmental damage.
Automated sampling and reporting also make it easier to meet regulatory requirements. By reducing manual work and improving accuracy, facilities can respond faster to changes in discharge conditions. This is especially helpful in industries where wastewater characteristics vary, such as food processing or chemical manufacturing.
Predictive analytics and AI support proactive management
Beyond monitoring, predictive analytics and artificial intelligence (AI) help facilities anticipate problems before they happen. By analyzing past data, these systems can predict equipment failures, detect changes in influent quality, and recommend better chemical dosing strategies.
Such a proactive approach reduces downtime, lowers maintenance costs, and improves treatment results. It also helps with long-term planning by identifying trends that may point to needed upgrades or process changes.
Digital twins enable safer, smarter optimization
Some facilities are using digital twins – virtual models of their pretreatment systems. These models simulate real-world operations, allowing engineers to test changes in flow, chemical use, or equipment without affecting actual processes.
Digital twins are also useful for training. New staff can explore how the system works and practice emergency responses in a safe, controlled environment.
Cybersecurity and data protection are growing priorities
As more systems become connected, cybersecurity is a growing concern. Facilities must protect their digital systems from unauthorized access and data breaches. This includes using secure networks, encrypted communication, and regular system checks to ensure data is safe and reliable.
Looking ahead: integration and interoperability
The future of smart pretreatment lies in system integration. Facilities are looking for platforms that combine data from sensors, lab tests, maintenance logs, and compliance reports. When digital tools work together, operators get a clearer view of system performance and can make better decisions.
Key to Remember: Digital tools are no longer optional—they’re essential for modern industrial wastewater pretreatment. By adopting smart technologies, facilities can improve compliance, reduce costs, and support environmental goals.
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2025-08-12T05:00:00Z
NewsIndustry NewsFleet SafetyPassenger vehiclesPassenger carriersFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Is your shuttle bus legal? 5 key questions that need answers
Smaller passenger-carrying vehicles—like hotel, car rental, senior living facility, and employee shuttles—may be commercial motor vehicles (CMVs) subject to Federal Motor Carrier Safety Regulations (FMCSRs). Knowing which rules apply can help you avoid fines, reduce litigation risks, and lower insurance costs.
5 key questions to determine applicability
To find out if FMCSRs apply to your shuttle vehicle(s), answer these five questions and key points:
1. Is your operation interstate or intrastate?
- Interstate commerce includes any travel that crosses state lines or is part of a trip that begins or ends out of state—even if the vehicle stays within one state. Shuttles picking up passengers from or delivering them to an airport is an example of a continuation of interstate commerce.
- Intrastate commerce is travel that stays entirely within one state and is not part of an interstate journey.
2. How many passengers is the vehicle designed to carry?
- FMCSRs apply to vehicles designed to carry 9 to 15 passengers (including the driver) if used for compensation.
- If rated for more than 15 passengers (including the driver), the vehicle is a CMV regardless of compensation.
- Removing some of the seats does not change the vehicle’s regulatory classification.
3. What is the vehicle’s weight?
- Regulations apply if the gross vehicle weight rating (GVWR) or actual loaded weight is 10,001 pounds or more, regardless of compensation.
- Example: An employee shuttle, even if there is no compensation received from passengers, is a CMV if the weight exceeds 10,000 pounds.
4. Is the operation for-hire or private?
- For-hire carriers that operate CMVs to transport passengers for compensation and are subject to the FMCSRs.
- Private carriers may also be regulated:
- Business PMCPs (e.g., employee shuttles) follow most FMCSRs, but are exempt from insurance rules.
- Non-business PMCPs (e.g., churches, scouts) must operate safely, but are exempt from many FMCSRs, including:
1. Insurance,
2. Driver qualification requirements listed under 391.68,
3. Hours-of-service (HOS) logs (but must comply with HOS limits),
4. Maintenance records as required by 396.3(b), and
5. Driver vehicle inspection reports (DVIRs).
5. What kind of compensation is received?
- Direct compensation: Payment from passengers for transportation (e.g., ticket sales).
- Indirect compensation: Transportation included in a broader service (e.g., hotel or tour packages).
- If no compensation is received, the vehicle is rated for 15 or less passengers including the driver, and the vehicle is under 10,001 pounds, FMCSRs generally do not apply.
General compliance requirements based on compensation for 9–15 passenger-carrying vehicles are as follows:
- Direct compensation or 10,001 pounds or greater:
- Must register with FMCSA and display a USDOT number.
- Comply with safety fitness, driver qualifications, hours of service, and maintenance rules.
- Indirect compensation involving vehicles not otherwise defined as a CMV in section 390.5 in the FMCSRs, according to 390.3(f)(6):
- Must register and display a USDOT number, and
- Maintain accident records and follow driver texting/cell phone restrictions.
Compliance tips
To be certain if your operation is regulated under the FMCSRs or state safety regulations:
- Consult a regulatory expert if your company does not have the expertise;
- Conduct a mock audit (internal or third-party) to identify compliance gaps; and
- Create an action plan, assign responsibilities, and audit compliance regularly.
FMCSA expects documented efforts to improve safety management controls and compliance.
Key to remember: Businesses must know whether the FMCSRs or state regulations apply to their shuttle operations to minimize negative consequences of noncompliance.
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2025-08-11T05:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTDrug and alcohol training - Motor CarrierIn-Depth ArticleSupervisor alcohol and drug training - Motor CarrierFocus AreaEnglishUSATransportationReasonable suspicion drug and alcohol testing - Motor Carrier
Reasonable suspicion training requirements: 86 words is all you get
DOT’s high-level explanation of supervisor reasonable suspicion training leaves much to the discretion of employers and training providers. Section 382.603 is simple and to the point, consisting of just four sentences and 86 words.
Breaking down 382.603
The regulation requires driver supervisors to take:
- 60 minutes of training on drug use, and
- 60 minutes on alcohol misuse.
The training is used to help supervisors determine whether testing under 382.607 is warranted. The curriculum must cover physical, behavioral, speech, and performance indicators of possible alcohol and drug use. It also indicates the training is a one-time occurrence.
The regulations don’t address the medium by which to train. So, supervisors can spend two hours in a classroom, online, watching a video, or reading written materials. In addition, there is no mention of how to document completed training or provide proof of content or the two hours.
If you look at the definition of drug or controlled substance, Part 382 refers to those substances in 40.82 that are tested for in the DOT drug panel. Using this meaning, training programs should take at least one hour to address the physical and behavioral signs of using marijuana, cocaine, amphetamines, opioids, and PCP.
Another topic that is silent in the regulations is proof of training. Many carriers often retain:
- Training certificates,
- Syllabuses,
- Receipts for training performed through providers, and
- Purchased training curriculum (handbooks, videos, etc.).
Understanding 382.307
Since 382.603 references 382.607 (reasonable suspicion tests), it’s logical that the course should include information on protocols for the test type.
The language in 382.307 has a little more to work with (625 words) than 382.603. It states that the trained supervisor’s determination for drug and/or alcohol testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. For drugs, they add observations of chronic and withdrawal effects of drugs.
This additional information is invaluable during training. Supervisors learn they must be able to identify specific observations happening in front of them in the moment (contemporaneous) that they can describe (articulable) to justify the drug or alcohol testing request.
This same rule also discusses the timeline for alcohol testing (preferably within two hours of the observation, but no later than eight hours). And the supervisor is instructed to create a written record of the observations leading up to the reasonable suspicion test. This document must be drafted within 24 hours of the observations or before the results of the drug or alcohol tests are released, whichever is earlier.
Best practice content
The DOT-required elements of the supervisor training are procedural. Supervisors observe signs and symptoms, request testing, and document the incident.
However, there is the human element. The regulations don’t offer input into the relational aspect of the supervisor with the driver.
Consider expanding your training topics to include:
- Discretion (and respect) during confrontations;
- Appropriate language when approaching a driver, including:
- Sticking to and restating just the facts,
- Using objective terms, and
- Showing concern for the driver;
- How to respond to a defensive driver; and
- Identifying possible medical issues or a handicap that may resemble impairment.
Key to remember: Supervisors who request reasonable suspicion tests must be trained. The two-hour training helps them identify drug or alcohol use, but the regulations leave much of the content up to the trainer.
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2025-08-11T05:00:00Z
NewsEmployee HandbookEmployee RelationsLeaveIn-Depth ArticleUSAHR ManagementLeaveEnglishReasonable AccommodationsAssociate Benefits & CompensationIndustry NewsHR PoliciesWage and HourPolicies and ProceduresEmployee RelationsMinimum WageFair Labor Standards Act (FLSA)Non-Exempt employees HR GeneralistOvertimeFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAHuman Resources
Debunking HR rules: 3 scenarios HR gets wrong
Policies, procedures, and rules — it’s the framework of HR departments. But the “H” in “HR” stands for “human.” And as everyone knows, humans sometimes make mistakes. When it comes to applying employment laws, even seasoned HR professionals don’t always get it right.
Below are three common HR missteps and how to correct them:
1. “If we do it for one, we have to do it for all.”
An HR professional might say this to an employee who’s asking for a change in their workday. They could be asking for longer breaks or flexibility with their schedule. Before completely shutting down the conversation, get a little more information.
Is the person, for example, asking for a workplace accommodation because of a medical condition? This would generally trigger employer obligations under the Americans with Disabilities Act (ADA). If so, those are determined on a case-by-case basis. This means HR doesn’t have to give all employees longer breaks or whatever accommodation is needed.
Of course applying company policies consistently is important, too, and there will be times the “we can’t do it for all” statement is true. But that doesn't mean each and every request HR handles needs to be done the same way.
2. “You have to use up your PTO before going on FMLA.”
This statement is a hard stop. Employees do NOT need to use their accrued paid time off (PTO) before taking leave under the federal Family and Medical Leave Act (FMLA). In fact, making them do so is an FMLA violation.
Employees may choose to use their PTO while they’re on FMLA leave, which is otherwise unpaid time. This allows them to bring in some income while they’re off work. Employers may also require employees to use their PTO while on FMLA leave — they just can’t make them use PTO up first.
3. “You're salaried, so we don't have to pay you overtime.”
This is an “it depends” type of scenario. If an employee is truly (and correctly) classified as exempt (“salaried”) under the federal Fair Labor Standards Act (FLSA), then this is a true statement. FLSA-exempt employees don’t get paid for working overtime.
The rules are different, however, for FLSA-nonexempt (“hourly”) employees. These employees would need to be paid overtime for hours worked over 40 in a workweek.
Although these overtime rules seem clear on the surface, HR can trip up by misclassifying employees.
Simply saying an employee is exempt when they’re really not, means that the employee is missing out on minimum wage and overtime protections. Companies can end up having to pay thousands of dollars to a jilted employee, and likely pay hefty fines and other penalties as a result of the FLSA violation.
To avoid these problems, HR needs to assess an employee’s job duties and other criteria to make sure they qualify for the exemption.
Key to remember: When it comes to applying employment laws, even seasoned HR professionals don’t always get it right. These three scenarios help debunk HR myths.
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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.