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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
2025-11-14T06:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleSupervisor alcohol and drug training - Motor CarrierUSAEnglishTransportationReasonable suspicion drug and alcohol testing - Motor Carrier
Expert Insights: Are your supervisors prepared to tackle impairment?
Those who supervise truck and bus drivers have a lot of responsibility on their shoulders, including taking the keys away from drivers who may be impaired. Are your supervisors prepared to do what’s needed?
This is especially important if you have drivers subject to DOT-mandated drug and alcohol testing. You must ensure their supervisors know the DOT rules and are ready to act at a moment's notice. I like to share this five-step approach:
Step 1: Train
Before an individual may begin supervising drivers, they must complete reasonable-suspicion training. Under 49 CFR 382.603, supervisors must receive at least 60 minutes of alcohol-abuse training and 60 minutes of drug-use training. This prepares them for being able to identify drivers who may be impaired and order “reasonable suspicion” tests. Keep documentation of this training for as long as the person is in the supervisory role and for two years after that. Refresher training is not required, but it's a good idea.
Step 2: Observe
The supervisor must personally make the observations necessary for a test, based on the driver’s appearance, behavior, speech, and/or odor. Are there clear indications of drug use or alcohol abuse? Common signs include:
- Bloodshot eyes or pupils that are larger or smaller than usual;
- Unusual odors on breath, body, or clothing;
- Impaired coordination with routine tasks;
- Erratic or suspicious behaviors;
- Slurred speech, unsteady gait, confusion, or emotional volatility; and/or
- Sudden mood swings, irritability, or disorientation.
The observations must be specific, happening at the time, and able to be documented. It’s a best practice to have another trained supervisor corroborate the observations when possible.
Step 3: Confront
This is the hardest part. It may be awkward, but the supervisor must confront the driver and notify them of the suspicion. (Tip: Do role-playing exercises to get supervisors comfortable handling these confrontations.) The supervisor should engage the driver in a private area and have an interactive conversation. The supervisor should describe exactly what was observed and why it means a test(s) is required. Avoid diagnosing or accusing; focus only on observed behaviors or physical signs. If the driver becomes defensive, the supervisor should listen respectively but repeat the observations and state how they’re bound by regulation to order a DOT test. If the driver refuses to go for a test, it's treated as a refusal and has the same consequences as a failed test.
Step 4: Test
After confirming their suspicion, the final step is for the supervisor to immediately order the reasonable-suspicion test(s). The supervisor who orders the test cannot conduct an alcohol test themselves.
For obvious reasons, don’t allow drivers to drive themselves to the collection site. As best practice, have a supervisor accompany the driver to and from the site.
It may take several days to receive the results, so your company policy should dictate what you do with the driver in the interim. Suspensions are common but must be done in compliance with labor laws.
Step 5: Document
The supervisor must document the observations that led to the test(s). This document must be created and signed within 24 hours of the observations or before the test results are released, whichever comes first. It should include the date and time, the specific observations, the actions taken, and the supervisor’s signature.
Using this 5-step approach to reasonable-suspicion testing helps ensure that no one who is impaired by drugs and/or alcohol is permitted to operate a commercial vehicle. This not only helps keep you compliant, it also helps keep our highways safe.
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RECENT INDUSTRY HIGHLIGHTS
2025-11-14T06:00:00Z
NewsIndustry NewsSafety & HealthElectrical SafetyGeneral Industry SafetyElectrical SafetyIn-Depth ArticleEnglishClearance DistancesFocus AreaUSA
Beware of these common electrical safety violations
Electrical safety violations are among the most-cited General Industry standards. The combined total citations under 1910.303 and 1910.305 exceeded the machine guarding violations last year. Neither standard requires training, but training could help avoid citations and injuries.
The industries most often cited under those two standards include manufacturing, retail, wholesale, lodging and food service, and transportation and warehousing. OSHA commonly issues citations for things like:
- Using portable fans that were not approved for industrial locations,
- Leaving electrical boxes open,
- Failing to maintain sufficient space around electrical boxes, and
- Improperly using flexible cords or extension cords.
Use equipment properly
Paragraph 1910.303(b) covers examination, installation, and use of equipment. It includes a kind of a “general duty clause” that states, “Electric equipment shall be free from recognized hazards that are likely to cause death or serious physical harm to employees.”
Since electricity could cause serious harm, OSHA can cite that paragraph for a number of hazards. Citations include things like damaged insulation on wiring or exposed electrical parts of equipment motors. However, that isn’t the most frequently cited paragraph.
Sub-paragraph 1910.303(b)(2) gets cited most often. It states, “Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.” Essentially, this tells employers to follow manufacturer instructions when using electrical equipment. OSHA uses this for violations like improperly using power strips or allowing employees to use outlets that were not correctly installed.
For related information, see our article, Five things to know before letting employees work with electricity.
Another frequently cited issue is failing to maintain access and working space around electrical equipment. Paragraph 1910.303(g)(1) requires sufficient access and space to allow safe operation and maintenance, describes specific distances, prohibits using the working space for storage, and requires guarding when live parts are exposed for inspection or service.
Wiring issues
The other commonly-cited electrical standard is 1910.305, covering wiring methods and more. These violations include issues such as outlets or switches without covers, or improperly using flexible cords (such as extension cords) where permanent wiring should be used.
One of the most-cited paragraphs is 1910.305(b)(1)(ii) which says, “Unused openings in cabinets, boxes, and fittings shall be effectively closed.” For example, if a circuit breaker panel has an unused breaker space, it must be filled with a blank. It cannot be left open, and placing tape over the empty slot is not sufficient.
Another frequently-cited paragraph is (g)(2)(iii), which says: “Flexible cords and cables shall be connected to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws.” OSHA uses this when saws or other equipment gets power through flexible cables coming from an electrical panel.
The Bureau of Labor Statistics lists more than 2,000 injuries from exposure to electricity each year and around 150 deaths per year. Neither of the above standards specifically requires training workers on electrical safety, but employers should provide training on properly using (and not improperly using) electrical equipment and tools. For related information, see our article, What is the difference between qualified and unqualified electrical workers?
Key to remember: Electrical hazards from exposed electrical lines and improperly using equipment could be mitigated by training employees.
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2025-11-14T06:00:00Z
NewsIndustry NewsSafety & HealthInjury and Illness RecordkeepingGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
Virtual conference offers OSHA injury recordkeeping scenarios
Employers often struggle to determine if a workplace injury must be recorded on the OSHA 300 Log. To help employers make these decisions, J. J. Keller & Associates, Inc. hosted a virtual conference titled, “Are these incidents recordable? You decide.” A recording of the event is available here.
The one-hour event began by outlining the criteria that determine whether an incident is work-related and recordable. The introduction also offered tips on filling out the 300 Log and completing the 300A Annual Summary.
The presenters then described several workplace incidents and asked attendees for feedback. Most scenarios involved whether the case would be work-related or recordable, but one involved how to record the case. After each scenario, the presenters offered variations to illustrate how minor changes in circumstances could affect the answer.
The five scenarios were as follows:
- An employee fell in the parking lot before work, went to a hospital for x-rays, but did not require treatment beyond first aid. Is this recordable?
- An employee walking across the parking lot after work is struck by another employee who is driving a personal vehicle, arriving for the next shift. The pedestrian gets admitted to the hospital and misses several days of work. Is this recordable?
- An employee briefly passes out at work and, upon waking, claims he’s on a special diet that causes low blood sugar and he sometimes passes out at home. Is this recordable?
- An employee was seriously injured in November and needed time off; he still hasn’t returned when the employer needs to prepare the 300A Annual Summary. What day count does the employer put on the 300A?
- An employee fractures an ankle while stepping on a broken pallet at work, then fails a post-incident drug test. Is this recordable?
Answers and variables
Along with the answers to the scenarios presented, the event described some variables that could change the outcome. In the same order above, the event covered the following:
- The injury to the employee who fell in the parking lot would be work-related but not recordable because there was no medical treatment. However, if the employee needed restrictions or missed a day of work, it would be recordable even if medical treatment was not needed.
- The injury to the pedestrian struck by a vehicle would not be work-related or recordable because it meets an exception at 1904.5(b)(2)(vii). However, if the pedestrian had been working (like cleaning up the parking lot) rather than starting a commute home, the incident would be work-related and recordable.
- The employee who passed out due to a special diet would not have a recordable loss of consciousness. This was a non-work condition that happened to occur at work under 1904.5(b)(2)(ii). Oddly, if the employee had passed out due to a phobia, like seeing a large spider at work, that would be work-related and recordable.
- For the employee injured in November and still away from work in January, the employer should estimate the number of days away, use that estimate to complete the 300A, and later update the 300 Log when the exact day count is known.
- The employee who fractured an ankle and failed a drug test did have a work-related and recordable injury, even if the employer believes the drug use contributed to the situation.
The event was presented by Edwin Zalewski and Joe Proulx. They also responded to many audience questions during the event.
Key to remember: Any event that occurs at work is presumed to be work-related for the OSHA 300 Log, unless an exception applies. Those exceptions are narrow and depend on the circumstances.
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2025-11-14T06:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementRetirement Benefits401(k) Plans/Defined Contribution PlansRetirement BenefitsHR ManagementEnglishUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsEmployee BenefitsEmployee BenefitsBenefits communicationHR GeneralistDefined contribution plan403b PlansAssociate RelationsFocus AreaHuman Resources
New 2026 limits for 401(k) contributions announced
The U.S. Internal Revenue Service (IRS) on November 13 announced that the annual contribution limits for certain retirement plans will be higher in 2026.
The annual contribution limit for employees participating in what the IRS calls “qualified defined contribution” plans, such as 401(k) and 403(b) plans, will increase to $24,500. This is up from $23,500 in 2025. The IRS calls the $1,000 bump a “cost-of-living" adjustment.
The limit on total employer-plus-employee contributions to defined contribution plans will increase to $72,000 in 2026, up from $70,000 in 2025.
The catch-up contribution limit for employees aged 50 and older who are enrolled in qualified retirement plans will increase to $8,000 from $7,500. However, the super catch-up contribution provision in the SECURE 2.0 Act of 2022, which took effect in 2025, is still in effect. This allows those between the ages of 60 through 63 to contribute $11,250 instead of $8,000 in 2026, unchanged from last year. A catch-up contribution is an added amount that employees aged 50 or older can contribute to their plan beyond the standard annual contribution limit. This helps older workers “catch up” on retirement savings as they approach retirement age.
Employers should share this information with employees of all ages to help them plan financially for the upcoming year, and for the years ahead. This could be done at the same time other benefits information is communicated, since many employers are in the middle of their open enrollment periods. These new IRS limits could also be announced in separate employee communication methods, such as posting fliers around work or on the company intranet.
Key to remember: The IRS increased the amounts employees can contribute to retirement savings accounts in 2026. This information should be shared with employees to help them plan their financial futures.
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2025-11-13T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyFall ProtectionGeneral Industry SafetyFall ProtectionFall Protection for ConstructionOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishFocus AreaUSA
Fall prevention: Gravity doesn’t care what industry you are in!
Fall protection for construction has, yet again, topped OSHA’s list of violations according to preliminary data for October 1, 2024, to August 12, 2025. For the fifteenth year in a row, workplaces were caught falling short on systems like guardrails, safety nets, or personal fall arrest systems necessary to protect employees working at heights.
Who is falling short?
When most people think of fall protection, images of construction workers on scaffolding or rooftops often come to mind. In fact, there were 5,914 violations cited under Fall Protection - general requirements for construction (29 CFR 1926.501). However, that doesn’t mean general industry employers are off the hook!
While construction sites are undeniably high-risk fall environments, general industry workplaces—such as manufacturing plants, warehouses, and distribution centers—face equally serious hazards. Falls in general industry remain one of the leading causes of serious injuries and fatalities with over 450,000 cases involving days away from work.
The misconception that fall protection is primarily a construction concern can lead to gaps in safety protocols, putting industrial workers at unnecessary risk. The U.S. Bureau of Labor Statistics (BLS) reported that falls, slips, and trips accounted for 885 workplace fatalities across all industry sectors in 2023.
What is the scope of the problem?
Simply stated, the scope of the problem is gravity itself—an invisible, constant force that pulls everything toward the center of the Earth. Unlike other workplace hazards that can be controlled or eliminated, gravity is always present and unforgiving regardless of industry.
When a person loses balance, missteps, or works at height without proper protection, gravity ensures that the fall will happen swiftly and often with serious consequences. This makes fall hazards particularly dangerous because the risk is not just about the height or surface, but the gravitational force that accelerates the fall. Effective fall protection strategies must therefore focus on preventing the fall in the first place.
Falls often occur in work areas that may not appear dangerous at first glance, such as elevated platforms, mezzanines, loading docks, and stairways. Slippery surfaces, cluttered walkways, and inadequate edge protection contribute to the risk, making fall protection a vital component of any workplace safety program.
When do regulations kick in?
OSHA requires fall protection in both construction and general industry, though the standards differ slightly. For construction (29 CFR Part 1926 Subpart M), the agency requires fall protection at 6 feet or more, while the general industry standard (29 CFR 1910 Subpart D) requires employers to provide fall protection at 4 feet or more. Employers must also ensure safe access to and from elevated work areas, which includes the use of guardrails, safety nets, and personal fall arrest systems, as well as regular inspections and employee training.
How can falls be prevented?
To effectively control fall risks, employers should implement a comprehensive fall protection program that includes:
- Hazard Assessments: Identify areas where fall risks exist, including elevated work surfaces, ladders, and floor openings.
- Engineering Controls: Install guardrails, toe boards, and covers over holes to eliminate hazards at the source.
- Personal Protective Equipment (PPE): Provide and maintain harnesses, lanyards, and other fall arrest systems where applicable.
- Routine Inspections: Regularly inspect equipment and work areas to ensure compliance and safety.
- Training and Education: Ensure all employees understand how to recognize fall hazards and properly use fall protection.
Ultimately, fall protection is not just about equipment—it’s about cultivating a culture of safety. Employers must prioritize fall prevention as part of their overall safety strategy, encouraging workers to report hazards and participate in safety initiatives. By doing so, they not only comply with regulations but also protect their most valuable asset: their people.
Key to remember: Falls can happen anywhere gravity exists and not only disrupt operations, but will have lasting impacts on workers’ health and livelihoods. Regardless of industry, implementing robust fall protection measures such as guardrails, harness systems, and proper training is essential to creating a safe and compliant workplace.
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2025-11-13T06:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsDriver qualificationsCommercial drivers license CDLDriver qualification and hiringFocus AreaFleet OperationsEnglishTransportationUSA
Court puts brakes on non-domiciled CDL rule
The U.S. Court of Appeals for the District of Columbia Circuit has administratively stayed the Federal Motor Carrier Safety Administration’s (FMCSA) interim final rule (IFR) that put restrictions on who is eligible to obtain a non-domiciled commercial driver’s license (CDL) and non-domiciled commercial learner’s permit (CLP).
According to court documents, issued November 10, 2025, the purpose of the administrative stay is to give the court time to consider emergency motions that have been filed challenging the IFR. The document goes on to say that the administrative stay “should not be construed in any way as a ruling on the merits of those motions.”
On November 13, 2025, FMCSA announced that in response to the administrative stay state driver licensing agencies (SDLAs) may again issue non-domiciled CDLs, lifting the pause required by the IFR.
In its announcement, the agency also noted that SDLAs that are subject to a corrective action plan that was in effect prior to the issuance of the IFR must continue their pause on non-domiciled CLP and CDL issuance until the SDLA is in compliance with FMCSA’s regulations and guidance.
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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.