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
2025-12-11T06:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyElectronic logging device (ELD)Electronic logging device (ELD)Focus AreaFleet OperationsEnglishTransportationUSA
3 ELDs removed from FMCSA’s list
Three devices were recently removed from the FMCSA’s list of registered electronic logging devices (ELDs):
- PSS ELD (from Pioneer Safety Solutions LLC)
- Black Bear ELD (from Black Bear ELD)
- RT ELD Plus - ACCURATE ELITE (from Rollingtrans)
Due to a failure to meet the minimum requirements of 49 CFR 395, Subpart B, Appendix A, the Federal Motor Carrier Safety Administration (FMCSA) has moved these devices to its “revoked devices” list as of December 8, 2025.
Many ELD providers remove their devices from the list voluntarily, but the FMCSA has the authority to remove any ELD that does not comply with regulations.
Next steps for commercial carriers
Commercial carriers and drivers who use the above-listed devices must stop using the devices and switch to paper logs or logging software to record their hours of service.
In addition, before February 7, 2026, they must replace the devices with ELDs listed on the FMCSA’s ELD registry and begin using those compliant devices.
ELD providers who correct device deficiencies can be placed back on the list of registered devices. The FMCSA will inform the industry when revoked devices are compliant again.
ELD compliance standards
During the 60-day replacement period, the FMCSA has instructed safety officials to review affected drivers’ hours-of-service data using logging software, paper logs, or the ELD display.
After February 7, 2026, any motor carrier that continues to use the revoked devices will be considered operating without an ELD. Drivers will be placed out of service and cited for “No record of duty status” (395.8(a)(1)).
Review the full list of registered devices at https://eld.fmcsa.dot.gov/List.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-11T06:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
Preparing the HMR for the age of automation
Imagine a drone delivering a package that contains hazmat, or a driverless truck hauling chemicals down the interstate. These scenarios aren’t science fiction, they’re closer than you think. The Pipeline and Hazardous Materials Safety Administration (PHMSA) is asking a critical question: how do we keep hazmat transportation safe in an era of automation?
PHMSA has issued an Advance Notice of Proposed Rulemaking (ANPR) to gather input on updating the Hazardous Materials Regulations (HMR) to accommodate highly automated transportation systems. These systems include technologies like unmanned aircraft, automated driving systems, and even autonomous ships. The goal is to modernize regulations without sacrificing safety, while supporting innovation that could reshape how hazardous materials move across the country.
Why now?
Current regulations were designed for traditional transportation human drivers, crewed aircraft, and manual loading. Automation changes everything. It’s intended to improve efficiency and have fewer human errors, but it also introduces new challenges:
- How do emergency responders access shipping papers when there’s no driver?
- What happens if a drone carrying hazmat crashes in a neighborhood?
PHMSA officials indicate they want to support innovation without compromising safety. To do that, they need input from the hazmat community.
Areas under review
PHMSA’s ANPR outlined several topics where automation could impact compliance:
- Special permits — Should the process be adopted for automated systems like drones?
- Shipping papers and emergency response — How do we provide critical information when no one is on board?
- Hazard communication — Labels and placards work for trucks and railcars, but what about drones?
- Training — If automation reduces human involvement, what does hazmat training look like?
- Security — Cybersecurity risks are now part of the equation.
- Packaging and handling — New platforms may require new packaging standards.
Mode-specific considerations
PHMSA is also looking at how automation affects each mode of transportation:
- Rail — No automated hazmat rail yet, but waivers for automation exist.
- Air — Drones and advanced air mobility systems are already moving toward package delivery.
- Vessel — International efforts are underway for autonomous ships.
- Highway — Driverless trucks could change everything from loading to emergency response.
Your voice matters
PHMSA’s not making changes yet. However, they are gathering input. They want to know:
- What safety concerns and benefits do you see?
- Are current packaging and hazard communication rules adequate?
- How should cybersecurity risks be addressed?
- What economic impacts could these changes have, especially for small businesses
Comments are due by March 4, 2026, and can be submitted via regulations.gov under Docket No. PHMSA-2024-0064 (HM-266).
Key to remember: Automation is coming, and it’s coming fast. Whether you’re a carrier, shipper, emergency responder, or safety advocate, your input will help PHMSA find a balance.
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2025-12-10T06:00:00Z
NewsIndustry NewsFleet SafetyDriver qualificationsDrivers qualification (DQ file)Driver qualification and hiringFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Leveraging AI for DQ and driver management - benefits, prep steps, and risks
Artificial Intelligence (AI) can significantly improve driver qualification (DQ) processes when applied correctly. Drivers’ files and performance must always remain compliant with federal regulations and company safety standards. Traditional methods — paperwork, manual checks, and time-intensive verification — degrade onboarding, performance management, and other administrative processes.
Proper use of AI offers potential efficiency, but preparation and oversight are key to avoiding the pitfalls.
The benefits
By leveraging AI, fleets can:
- Reduce the administrative burden through automation.
- Accelerate onboarding by minimizing manual data entry.
- Improve accuracy by eliminating human error in document review.
- Enhance compliance and safety behavior monitoring with real-time alerts for expiring certifications, missing documents, or elevated safety risk.
Specific AI applications include:
- Machine learning automation of document verification, license checks, and other repetitive tasks;
- Chatbots to guide drivers through onboarding and document preparation with increased engagement and minimal confusion; and
- Predictive analytics to target high-risk drivers from camera-detected unsafe driving patterns and incident history.
Maintaining company safety standards is just as critical to driver retention as compliant DQ files. Even with the vast amount of data from cameras and vehicle telematics, AI can quickly identify the drivers who need interventions to avoid future crashes and violations.
Preparatory actions
Before deploying AI, companies should take several preparatory steps:
Data quality assessment: AI systems rely on accurate data. Ensure all driver records, compliance documents, and historical data are digitized and standardized. Consider transitioning to an online fleet management system (FMS) ahead of using AI.
Regulatory alignment: Confirm how AI tools will help maintain compliance with the Federal Motor Carrier Safety Administration (FMCSA) regulations and privacy laws.
Stakeholder training: Educate human resources teams, safety managers, and operations on how AI will integrate into workflows.
Vendor evaluation: Choose AI solutions with proven success in transportation organizations, robust security features, and transparent algorithms. Where possible, avoid using multiple AI vendors’ offerings where one cohesive product could be more efficient. Where possible, integrate AI with the FMS and current workflows, instead of using AI as standalone software with one more login to remember.
Pilot testing: Start with a small-scale implementation on a narrow DQ file task or driver safety performance area to identify gaps and refine processes before full deployment.
Watchouts
While AI tools offer significant benefits, there are critical considerations:
Bias and fairness: AI models trained on incomplete or biased data can lead to discriminatory outcomes. Regular audits in this area are essential.
Over-reliance on automation: Automated systems may incorrectly flag drivers as non-compliant or miss issues. AI should assist, not replace, compliance experts. Promoted as a decision-support tool without the intention of replacing decision-makers, can help build trust and reduce concerns about an "AI takeover."
Data privacy risks: Sensitive driver information must be protected with strong encryption and access controls. Adhere to biometric information privacy laws where digital fingerprints, iris scans, voice recognition, or other biometrics are in use.
Regulatory changes: AI systems must adapt ahead of and be ready for FMCSA and state-specific requirement changes. Use experts to ensure regulatory changes are incorporated by the effective dates of changes to avoid costly penalties.
Keys to remember: Success using AI to ensure only qualified drivers work for a carrier depends on careful planning, data accuracy, and ongoing subject matter expert oversight. By addressing these prerequisites and watchouts, fleets can harness AI responsibly to build safer, more efficient operations.
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2025-12-10T06:00:00Z
NewsIndustry NewsEnglishFleet SafetyDrug testing - Motor CarrierDrug and Alcohol Testing - DOTRandom alcohol and drug testing- Motor CarrierFocus AreaIn-Depth ArticleSafety-sensitive function - Motor CarrierAlcohol testing - Motor CarrierRefusal to be tested - Motor CarrierTransportationUSA
Timing drug and alcohol tests is not a random act
The element of surprise built into DOT random testing helps catch impaired drivers. So, the timing of driver notifications is vitally important.
To ensure random selections are kept confidential and unannounced, DOT regulations specify how to carry out testing. A misunderstanding of these requirements can create a messy situation and may inadvertently create a violation.
Consider the following random-notification scenarios and the issues each produces.
‘Go when you have time’
Scenario: Samantha was selected for a random DOT drug and alcohol test. Her supervisor informed her about the test at the beginning of her shift. She was told she had two hours to show up for her appointment at a clinic that’s 15 minutes away.
Notification error: Drivers don’t have a “window of time” to show up for random tests. The regulations require that drivers immediately proceed to the collection site once they’re notified of a random drug or alcohol test. Giving drivers a cushion (other than travel time) is considered advance notice. In fact, this type of heads-up could:
- Provide a driver with enough time to come up with a substituted urine sample or consume a drug-masking substance.
- Keep a driver from engaging in prohibited behavior (e.g., drug or alcohol use) that they would have otherwise.
- Allow enough time for alcohol to metabolize in the driver’s body.
Drivers CANNOT be given an hour or two to show up at the collection site, and they can’t wait until later or at the end of their shift when it’s more convenient.
Alcohol tests and SSFs
Scenario: Phil is a warehouse employee who occasionally fills in as a driver. He’s in the random pool and was selected for alcohol testing.
Today, Phil is scheduled to work solely in the warehouse operating a forklift. The safety manager approaches Phil and instructs him to go for a DOT alcohol test. Phil goes for testing and blows 0.00% BAC, indicating he was not impaired. All’s good, right? Not quite.
Notification error: Since alcohol is a legal substance, prohibited use is timed around performing safety-sensitive functions (SSFs). A random alcohol test can only be requested right before, during, or right after performing SSFs.
If a driver is working in another capacity at the motor carrier (e.g., working in the warehouse) with no expectation of operating a CDL vehicle, they’re not performing SSFs. The motor carrier is unable to arrange DOT alcohol testing during this shift. The notification must wait until the driver is scheduled to operate or is in readiness to operate a vehicle requiring a CDL.
In this case, the safety manager caught a break — the test was negative. Had Phil’s test result been at least 0.04% BAC, the error would have resulted in a DOT testing violation. The carrier’s designated employer representative (DER) would decide whether to report the failed test to the Clearinghouse or work to cancel the test due to the error.
‘I never received a text’
Scenario: Robert, the company’s DER, received the quarterly list of randomly selected drivers. Randy was selected for drug testing, and Robert knows Randy should be available for testing shortly. Randy just dropped off his load and is on his way back to the terminal, which is about an hour’s drive. Robert texts Randy with instructions to immediately proceed to ABC Clinic which is close to the drop off. Randy doesn’t respond to the text.
The clinic calls Robert stating that Randy never showed up. An hour later, Randy shows up at the motor carrier and is clocking out for the day. Robert asks Randy, “Why didn’t you go for your random drug test? I texted you!” Randy states, “I never got a text.”
Best practice: The regulations don’t restrict the use of electronic notifications. However, in this scenario, Robert is in a difficult position. Does he consider this a refusal to test or take Randy’s word? As DER, he must decide.
Use of text, voicemail, or email isn’t the best choice for remote notifications of random testing. A documented phone call where you speak with the driver backs up any claims of refusal to test.
Notification tips
Your random drug and/or alcohol notifications may require planning. You don’t want to set your driver up for failure or to create a motor carrier violation through improper procedures.
Avoid messy situations:
- Instruct front-line managers on the regulatory basics.
- Prevent scheduling conflicts (e.g., childcare, personal appointments):
- Don’t notify drivers at the end of their shift if the test may extend into the driver’s free time;
- Check the driver’s time-off requests (e.g., doctor’s appointment, leaving early for the day, etc.); and
- Avoid an off-duty notification policy.
- Remind drivers during notification to immediately proceed to the clinic, so there is never a doubt.
- Use the company policy to ensure:
- Drivers know what “immediate” means, and
- The DER knows what constitutes a refusal to test.
Key to remember: The element of surprise for random tests helps uncover CDL drivers’ drug use or alcohol misuse. But your timing of these random tests should be far from random.
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2025-12-10T06:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthGeneral Industry SafetySpecialized IndustriesEnglishTelecommunication UtilitiesFocus AreaUSA
Washington’s tower crane permit law takes effect January 1
Starting January 1, 2026, Washington state will require tower crane permits for all construction work involving tower crane operation, assembly, disassembly, and reconfiguration.
Before issuing permits, Washington Department of Labor & Industries (L&I) will conduct safety conferences to ensure all parties understand the safety requirements and related responsibilities. Prime contractors will be required to follow manufacturers’ instructions for operating, assembling, disassembling, and reconfiguring tower cranes. Additionally, contractors must also immediately correct deficiencies that could affect the crane’s structural integrity or safe operation.
Washington L&I began accepting permit applications on December 5. The department requires 20 working days to process permit applications and requests for permitted activities. More information can be found on the L&I website.
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2025-12-10T06:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
Senators introduce bipartisan bill to end FMLA limitation for married couples
On December 3, Senators Maggi Hassan and Joni Ernst introduced bipartisan legislation entitled the Fair Access for Individuals to Receive (FAIR) Leave Act (S 3321). If enacted, the bill would eliminate the requirement that married couples who both work for the same employer share the 12 weeks of leave under the federal Family and Medical Leave Act (FMLA).
Currently, married couples who work for the same employer have to share the 12 weeks of FMLA leave when the leave is taken to:
- Bond with a healthy newborn child,
- Bond with a child placed through adoption or foster care, or
- Care for a parent with a serious health condition.
Spouses who work for the same employer also share a total of 26 workweeks of FMLA leave to care for a military family member with a serious injury or illness.
If this bill is enacted, eligible spouses working for the same employer would be entitled to each take up to 12 workweeks each of unpaid leave in a 12-month leave year for all applicable FMLA leave reasons. This change would also make it easier for employers to track leave, versus having to calculate when married employees share their leave.
This isn’t the first time a bill of this nature has been introduced, and the senators refer to the sharing provision as a “loophole” in the law. Often, a measure is introduced many times before it gets any traction in Congress.
Although this bill might not pass, it indicates that revising legislation about employee leave is still on the minds of lawmakers.
Key to remember: Members of Congress continue to want to make changes to the federal FMLA.
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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.