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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
2025-12-18T06:00:00Z
NewsIndustry NewsPersonal Protective EquipmentWeather-specific PPESafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
Cold weather, wind chill, and PPE…Oh My!
Cold environments brings hazards ranging from slips and falls to cold stress injuries like hypothermia, frostbite, and trench foot. Working in cold conditions can be uncomfortable and potentially very dangerous. The most effective way to protect workers is by following the hierarchy of controls, starting with strategies that eliminate or reduce exposure before relying on personal protective equipment (PPE).
Employer responsibilities and worker exposure
OSHA emphasizes that, even without a specific “cold stress” standard, employers are obligated under the General Duty Clause (Section 5(a)(1)) to provide a workplace free from recognized hazards and must comply with PPE requirements in 29 CFR 1910.132. Workers commonly exposed to cold stress include:
- Food processing and warehouse personnel working in refrigerated or freezer environments;
- Dock and warehouse staff loading freight in unheated bays;
- Construction crews installing roofing, framing, or scaffolding;
- Utility workers repairing lines and equipment outdoors;
- Snow-removal teams operating plows and shoveling; and
- Emergency responders operating in severe, unpredictable conditions.
This list is not all inclusive; however, these jobs often involve long exposure to low temperatures, wind, wetness and physical exertion that test fine-motor tasks as dexterity drops in the cold.
Applying the hierarchy of controls to prevent cold stress
When the temperature drops, quick action matters. The hierarchy of controls gives employers a step-by-step plan to reduce cold stress risks before they turn into emergencies. Below are practical steps and examples for each level of the hierarchy from most protective to least:
Elimination/substitution - Remove or replace the hazard entirely.
- Reschedule non-essential outdoor work for milder days.
- Move tasks indoors when feasible (e.g., plan maintenance for warmer seasons).
Engineering controls - Modify the work environment to reduce exposure.
- Provide heated shelters or warming stations near work areas.
- Install windbreaks or temporary enclosures to reduce wind chill.
- Use enclosed or semi-enclosed equipment to minimize manual exposure during tasks like de-icing.
Administrative controls - Change how work is performed to limit risk.
- Implement work/rest cycles and enforce warming breaks.
- Train workers to recognize symptoms (shivering, confusion, numbness) and monitor each other.
- Rotate staff, limit time outdoors on extreme days, schedule fine motor tasks for the warmest part of the day, and
- Monitor forecasts/NOAA alerts for wind chill thresholds.
PPE - Provide gear when other controls can’t fully eliminate risk.
- Supply PPE at no cost per 29 CFR 1910.132;
- Layer clothing: moisture-wicking base, insulating mid-layer, windproof/waterproof outer shell;
- Choose insulated, dexterous gloves that preserve grip and function;
- Protect the head, face, and neck with balaclavas or thermal liners;
- Equip workers with waterproof, insulated boots and moisture-wicking socks;
- Use high-visibility outerwear per ANSI/ISEA 107 for low-light winter conditions; and
- Ensure PPE fits, stays dry, and is replaced when wet or worn; damp gear accelerates heat loss and increases cold stress risk.
Wind chill and why it matters
Wind chill is the temperature your body “feels” when wind speed and air temperature are combined. Wind strips away the thin layer of warm air next to the skin, accelerating convective heat loss. As wind speed rises, exposed skin cools faster, dramatically increasing frostbite and hypothermia risk.
OSHA and the National Oceanic and Atmospheric Organization (NOAA) use Wind Chill Advisories and Warnings to signal when conditions are hazardous or life-threatening. As an example, at 20 °F with a 20-mph wind, the wind chill is ~4 °F, meaning cold stress sets in much faster than the air temperature alone would suggest.
Key to remember: By integrating wind chill awareness with the hierarchy of controls, supervisors can drastically reduce cold-related injuries by keeping crews safe and productive throughout the winter season.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-18T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
7 FAQs: Navigating FMLA eligibility, leave calculation, and intermittent leave
In a recent webcast on intermittent leave under the federal Family and Medical Leave Act (FMLA), attendees asked many questions, and amid those questions, some common themes appeared. The frequently asked questions (FAQs) revolved around employee FMLA eligibility, leave calculation, and intermittent leave. The questions included the following:
Q: How is FMLA eligibility determined (e.g., employee count, hours worked)?
A: Employees are eligible to take FMLA leave if they work in the U.S. for a covered employer and meet three criteria:
- They have worked for the employer for at least 12 months (need not be consecutive),
- They have performed at least 1,250 hours of work in the 12 months before leave is to begin, and
- They work at a location with at least 50 company employees within 75 miles.
Q: How do employers calculate FMLA leave for employees with different work schedules, such as 37.5 hours/week instead of the usual 40 hours/week?
A: Eligible employees are entitled to 12 of their workweeks of FMLA leave. For intermittent or reduced schedule leave, employers multiply the employee’s regular workweek by 12 to determine how many hours of FMLA leave they get. If, for example, an employee regularly works 37.5 hours per week, that employee would be entitled to 450 hours of FMLA leave.
Q: When does FMLA leave start, on the approval date, the date of the first absence, or the date on the certification?
A: The FMLA leave begins when an employee first takes time off for a qualifying reason. The date on the certification should be the same as the first day the employee took off, but employers may rely on what the certification indicates if they differ. The approval date has little to do with when employers are to start tracking FMLA leave, particularly since employees have at least 15 days to give employers a certification.
Q: How does the rolling backward method work for FMLA leave calculation?
A: When using the rolling backward method to calculate the 12-month leave year period, each time an employee takes FMLA leave, employers look back 12 months and determine if and how much FMLA leave the employee took in those 12 months. They subtract that amount from the employee’s 12-week FMLA leave entitlement.
Q: Can employees take intermittent leave for baby bonding, or must they take it continuously?
A: Employees aren’t automatically entitled to FMLA leave for bonding with a healthy child on an intermittent or reduced schedule basis. They may take such leave only if the employer agrees to allow it.
Q: When employees take unforeseeable intermittent FMLA leave, may employers ask for a doctor’s note for each instance of the leave?
A: Employers may not ask for a doctor’s note for each instance of unforeseeable intermittent FMLA leave. Asking for a doctor’s note is like asking for a recertification, so it would need to comply with the recertification rules.
Q: Can a salaried employee take leave in increments less than a full day?
A: Yes. The FMLA has a provision that allows employers to make deductions from an exempt employee's salary for any hours taken as intermittent or reduced FMLA leave within a workweek, without affecting the employee’s exempt status.
Key to remember: The FMLA has been challenging employers for decades, and these FAQs indicate that the challenges continue.
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2025-12-18T06:00:00Z
NewsIndustry NewsIndustry NewsVehicle Registration PermitsFocus AreaFleet OperationsEnglishTransportationRegistration and Permits - Motor CarrierUSA
FMCSA Launches Motus: A Modernized Registration System for Motor Carriers
The Federal Motor Carrier Safety Administration (FMCSA) has announced the rollout of Motus, a new USDOT registration system designed to streamline compliance and modernize the way motor carriers, brokers, and supporting companies manage their regulatory obligations.
Motus represents a significant shift from the current patchwork of portals, consolidating USDOT numbers, biennial updates, hazmat registrations, and other filings into one secure, user-friendly platform. The initiative aims to:
- Simplify processes;
- Enhance fraud prevention; and
- Provide registrants with intuitive tools such as auto-population, real-time data validation, and mobile accessibility.
Limited access phase
Beginning in December 2025, Motus will open with limited access for supporting companies. These organizations will be able to create user and business profiles, ensuring their systems are prepared to meet industry needs once the platform expands. This early phase is critical for testing functionality and building readiness before carriers join.
Motor carriers don’t need to re-register immediately. Existing USDOT registrations remain valid until the system fully transitions in 2026.
At that time, all carriers will be required to:
- Create Motus accounts,
- Verify their identity, and
- Update business information to maintain compliance.
FMCSA anticipates registration requirements will begin in mid to late 2026.
Listening to stakeholders
In response to industry feedback, FMCSA confirmed that Motus won’t initially introduce safety registration, eliminate docket numbers (MC/FF/MX), or alter BOC-3 filing processes. These proposals remain under consideration and will be subject to public comment.
FMCSA emphasized that stakeholder engagement will remain central throughout the Motus rollout. The agency plans to host informational webinars, industry roundtables, and training sessions to ensure registrants understand the new system and can provide feedback on its usability.
Motus is a step toward a safer, more efficient future for the transportation industry. By consolidating forms, improving verification, and reducing fraud, FMCSA is ensuring that carriers and support companies can navigate compliance with confidence.
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2025-12-18T06:00:00Z
NewsIndustry NewsDiscriminationNational Origin DiscriminationHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaTalent Management & RecruitingHuman Resources
EEOC focuses on protecting American workers from discrimination
National origin discrimination has been getting more attention in recent months as the U.S. Equal Employment Opportunity (EEOC) has focused on protecting American workers.
Two recent EEOC lawsuits involving farm workers resulted in charges of national origin discrimination.
Preferred treatment for foreign workers
In the first case, a Mississippi farming operation began hiring immigrant agricultural workers from a foreign country to supplement its existing workforce which had consisted of farm workers of American national origin.
The EEOC alleged that the farm operation discriminated against American workers by giving foreign workers preferential job assignments which were less strenuous, and came with more work hours, higher pay, and higher bonuses.
Stereotyping Americans?
In the second case, a Wisconsin dairy got in trouble with the EEOC. The dairy promised three Mexican nationals professional and/or management positions when they were hired and gave the same information to the U.S. Embassy for their visa applications.
When the three Mexican nationals arrived on the farm, however, the dairy denied the promised positions and instead gave them laborer positions and assigned them more difficult tasks and shifts. When a Mexican worker complained, a manager at the dairy justified the work assignment with a negative stereotype of American workers, saying “Americans are lazy,” according to the suit.
Even though the Mexican workers were not given the higher positions they were promised, this situation was viewed by the EEOC as discrimination against American workers because the employer was stereotyping Americans as “lazy.”
Title VII violations
Both the Mississippi farming operation and the Wisconsin dairy’s alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits national origin discrimination.
The EEOC recently issued technical assistance on discrimination against American workers, including common business reasons for preferring foreign workers which may result in illegal national origin discrimination, violating Title VII.
The guidance specified that the following considerations don't excuse an employer’s decision to hire foreign workers over American workers:
- Customer or client preference;
- Lower cost of labor (whether due to “under the table” payment, or abuse of certain visa-holder wage requirement rules);
- Beliefs that workers from one or more national origin groups are “more productive” or have a better work ethic than another national origin group.
The guidance also specified that Title VII bars discriminatory job advertisements and that evidence of such ads can include verbiage that the employer prefers or requires applicants from a particular country or with a particular visa status (for example, “H-1B preferred” or “H-1B only”).
Key to remember: The EEOC is cracking down on national origin discrimination against American workers. The agency recently issued guidance on the topic and has pursued lawsuits against two farming operations.
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2025-12-17T06:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaUSA
OSHA releases 7 new LOIs on workplace safety and health requirements
OSHA issued seven new letters of interpretation (LOIs) on a variety of workplace topics. These letters help ensure the consistent application of federal workplace safety and health standards, and provide regulatory clarification to employers, workers, and safety professionals.
This year's LOIs address the following topics:
- Permit-required confined spaces;
- Enforcement stay of the COVID-19 recordkeeping and reporting requirements under 29 CFR 1910.502;
- Software used to generate equivalent OSHA Forms 300 and 300A;
- Engineering controls under the Benzene and 1,3-Butadiene standards;
- Requirements for powered industrial truck training program implementation;
- Audiometric testing of a worker who may have a cochlear implant; and
- Stair angle and tread depth requirements.
To review these LOIs, previous guidance, or to submit new LOI requests, visit OSHA’s LOI interpretation page.
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2025-12-17T06:00:00Z
NewsTransportationBorder crossing - Motor CarrierIn-Depth ArticleEnglishBusiness planning - Motor CarrierIndustry NewsTransportation SecurityCabotage - point to point transportationCustoms and border protection (CBP)Fleet OperationsFleet TaxesFleet taxesFocus AreaCustoms-trade partnership against terror (C-TPAT)USA
Cabotage: What foreign drivers cannot do
For transportation professionals employing drivers with B-1 visas, understanding where international commerce ends and domestic restrictions begin isn’t just smart business, it’s essential to avoid costly penalties and keep operations on the road.
What is cabotage?
Simply stated, cabotage refers to point-to-point transportation of goods or passengers within one country. In the U.S., cabotage rules prevent foreign nationals in the U.S. on B-1 business-visitor visas from competing with U.S. truckers moving loads or passengers from point to point in the U.S.
Practically speaking, this means that foreign national truck drivers on B-1 visas may be admitted to the U.S. to deliver or pick up cargo traveling in the stream of international commerce, i.e., cargo that is entering or leaving the U.S.
However, those drivers cannot haul cargo between two U.S. locations.
Know the limits
Let’s look at how the requirements shape every international shipment, and the critical compliance points carriers employing these drivers must keep in mind.
Cargo must remain in international commerce stream (entering or leaving the U.S.). Goods that “come to rest” assume a domestic character (even if they originated from a foreign source) if the continual delivery is stopped for any reason that is not considered a “necessary incident” of international commerce, such as loading and unloading international cargo. Some examples of “coming to rest” include:
- Parking goods at a drop lot, holding lot, or warehouse to be picked up later and delivered (overnight or the weekend), unless the goods are parked awaiting clearance by a government agency (CBP, USDA, FDA).
- Switching tractors in the U.S., unless the tractors belong to the same company and the replacement tractor makes entry from a foreign country for replacement purposes (i.e. medical emergency, tractor breaking down).
Drivers admitted under B-1 visas can only pick up and/or deliver international shipments. Additionally, the drivers must:
- Maintain foreign residence.
- Intend to leave U.S. after authorized stay.
- Have financial means and meet admissibility requirements.
Caution: Customs AND Immigration rules apply
It’s important to note that U.S. Customs and Immigration regulations must be followed, as there can be subtle differences:
- Customs rules focus on equipment and cargo.
- Immigration rules focus on the driver and work authorization.
To demonstrate compliance:
- Maintain records proving the shipment is international.
- Verify the driver’s visa status and compliance before dispatch.
Prohibited activities
Even with the correct paperwork, certain activities remain strictly off-limits under cabotage rules. The following examples describe movements that are not permitted for the foreign driver:
- Picking up and delivering shipments between two U.S. points.
- Repositioning empty trailers within U.S. (unless specific exceptions apply).
- “Topping up” international shipments with U.S. domestic freight.
- Soliciting domestic deliveries while in the U.S.
Consequences
Failing to follow these rules isn’t just a technicality. It can have serious consequences for carriers and drivers alike. Violations can lead to:
- Suspension or removal from the Customs Trade Partnership Against Terrorism (CTPAT) program.
- Revocation of Free and Secure Trade (FAST) ID cards for drivers.
Strict adherence to cabotage rules is essential for international drivers operating in the U.S. Non-compliance with these regulations — including requirements under both Customs and Immigration law — can result in severe penalties, including suspension from trusted programs and loss of credentials.
Key to remember: By consistently verifying visa status, maintaining accurate records, and ensuring all shipments remain in the stream of international commerce, drivers and carriers protect themselves and their business from costly enforcement actions.
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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.