SAFETY & COMPLIANCE NEWS
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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
2025-11-20T06:00:00Z
NewsFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAReasonable AccommodationsIndustry NewsDiscriminationDiscriminationPregnancy DiscriminationHR GeneralistFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAHuman Resources
May employees take leave for menopause?
There’s been quite a bit of chatter recently about employee rights regarding menopause. Rhode Island, for example, is the first state to pass a law mandating menopause workplace accommodations. Since menopause can result in varying symptoms, some employers might wonder if employees are entitled to take leave under the federal Family and Medical Leave Act (FMLA) for it.
The answer is: It’s possible.
The FMLA doesn’t have a list of serious health conditions for which employees may take leave. To figure out if a condition qualifies for leave, employers must refer to the FMLA’s definition of a serious health condition and compare it to the information in the employee’s medical certification.
If an employee’s or a family member’s menopause-related symptoms meet the definition, the employee may take FMLA leave for them.
If, for example, an employee experiences panic attacks or bouts of depression because of menopause, the employee could be entitled to take FMLA leave. As such, the FMLA leave could be intermittent when symptoms flare up.
What about the PWFA?
Under the federal Pregnant Workers Fairness Act (PWFA), employers have to provide reasonable accommodations to an employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Similar to the FMLA, the PWFA also doesn’t include condition details, like a complete list of related limitations or specifically mention menopause.
In the vote for the final PWFA regulations, the Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas said, “Thus, the final rule opens the door to requiring accommodations potentially extending to a myriad of conditions ranging from infertility to menstruation to hormone issues to menopause.” The current EEOC might revise the PWFA regulations, in which the agency could provide more details.
Therefore, until the EEOC provides more guidance, the courts might need to chime in on whether employers have to accommodate an employee’s menopause symptoms. If employers don’t want to be legal guinea pigs, the safest route would be to allow time off for menopause.
What about the ADA?
The federal Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to the known disability of an employee or applicant. A disability is an impairment that substantially limits one or more major life activities.
Like the FMLA and PWFA, the ADA also doesn’t have a complete list of conditions that are disabilities. Employers have to assess each situation on the facts involved to determine if menopause rises to the level of a disability,
Key to remember: Employers must give employees FMLA leave for menopause if the symptoms meet the definition of a serious health condition.
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RECENT INDUSTRY HIGHLIGHTS
2025-11-19T06:00:00Z
NewsIndustry NewsHazmat SafetyHazmatIn-Depth ArticleFocus AreaUSAEnglishTransportationHazmat Rulemaking procedures
PHMSA withdrawal keeps registration fees steady for now
Imagine planning your budget for next year and suddenly learning your regulatory fees might increase by several hundreds of dollars. For many in the hazmat transportation industry, that possibility wasn’t just hypothetical, it was a looming reality. Back in May 2024 the Pipeline and Hazardous Materials Safety Administration (PHMSA) submitted a proposal to raise annual registration fees for companies that transport or offer certain hazardous materials. The changes would have meant higher costs for both small businesses and large operators.
Fast forward to November 2025 and the story has taken a different turn. PHMSA has officially withdrawn the proposal, citing a commitment to reducing unnecessary regulatory burdens and feedback from stakeholders worried about the economic impact. The decision means fees will stay at current levels for now.
What was proposed?
In May of 2024, PHMSA proposed a plan to change its hazmat registration program, which really hasn’t changed much in years. The biggest change was a fee increase:
- Small businesses and nonprofits would have seen their annual registration fee jump from $250 to $375, a $125 increase.
- Larger companies would have paid $3,000, up from $2,575, a $425 increase.
However, that wasn’t all. The proposal also included:
- Electronic-only payments for registration fees, eliminating paper checks.
- Clarified recordkeeping rules, allowing certificates of registration to be carried in either electronic or paper form and ensuring consistent language for presenting these certificates to enforcement personnel.
- Removal of outdated “sunrise dates” from the regulations, since those deadlines had already passed.
PHMSA said these changes were intended to modernize processes and ensure adequate funding for its grants program, which supports emergency response training and the Emergency Response Guidebook.
Why the reversal?
PHMSA says the decision reflects a broader push to reduce unnecessary regulatory burdens, in line with Executive Order 14192, “Unleashing Prosperity Through Deregulation.” Industry feedback also played a big role in the decision. Many stakeholders expressed concern about the timing and economic impact of higher fees, especially amid uncertainty in transportation markets. After reviewing its funding needs, PHMSA decided that current fees are enough to support critical programs, such as grants for emergency response training and the Emergency Response Guidebook, without adding extra costs.
What does this mean for you?
For carriers, shippers, and anyone that’s required to register, this is welcome news. Registration fees remain unchanged, helping companies maintain predictable compliance costs. This decision shows that PHMSA isn’t just focused on safety, it’s also paying attention to the financial realities that matter to the industry.
What's still changing?
While the fee increase is off the table, PHMSA isn’t standing still. Two related rulemakings are moving forward:
- Modernizing Payments (HM-268H): Updates to streamline electronic transactions.
- Reducing Recordkeeping (HM-268I): Simplified requirements for domestic carriers.
Both rulemakings are designed to make compliance easier without raising costs, and they’re already in the pipeline.
Key to remember: PHMSA is withdrawing its proposed rulemaking to increase hazmat registration fees. However, it’s still moving forward with electronic payment methods and recordkeeping requirements for hazmat registration.
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2025-11-19T06:00:00Z
NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTHazardous materials safety permit (FMCSA)Change NoticesChange NoticeFocus AreaEnglishTransportationRegistration and Permits - Motor CarrierUSA
FMCSA Proposed Rule: Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits (2025)
FMCSA proposes amendments to its Hazardous Materials Safety Permits (HMSPs) regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook containing inspection procedures and Out-of-Service Criteria (OOSC) for inspections of shipments of transuranic waste and highway route-controlled quantities (HRCQs) of radioactive material (RAM). The OOSC provide enforcement personnel nationwide, including FMCSA's State partners, with uniform enforcement tolerances for inspections. Currently, the regulations reference the April 1, 2024 edition of the handbook. Through this notice, FMCSA proposes to incorporate by reference the April 1, 2025 edition.
DATES: Comments must be received on or before December 19, 2025. Published in the Federal Register November 19, 2026, page 52030.
View proposed rule.
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2025-11-19T06:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHuman ResourcesLeaveHR ManagementEnglishUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAReasonable Accommodations
Employer offered ADA accommodation, wins court case
In 2022, Brandon, a law enforcement officer, began experiencing severe back pain, which he believed was from an earlier car accident. X-rays indicated trauma to his spine. Brandon submitted a work status report to his employer. In it, his doctor said that he could return to work on June 15, but that he was restricted from performing his job’s essential functions.
Because Brandon couldn’t perform his job’s essential functions, the employer placed him on leave under the federal Family and Medical Leave Act (FMLA). His doctor later physically cleared him to return to work on July 14.
Brandon’s condition, however, worsened. In October 2022, his doctor recommended surgery. Brandon told his supervisors of his surgery, and they approved a leave of absence from December 1, 2022, until January 28, 2023, at which point he would have exhausted his FMLA leave.
After the surgery, Brandon’s pain was much better, but the doctor thought he wasn’t ready to perform the employer’s physical abilities test, which he would have to complete upon returning to duty.
The doctor gave Brandon a tentative return to work date of March 14, which he relayed to his supervisors. That same day, one of Brandon’s supervisors asked him whether he was interested in an opportunity to take a position as a dispatcher while he awaited medical clearance. The employer supported the idea. Brandon didn’t give the supervisor an answer one way or the other.
On February 8, the employer asked Brandon for an updated work status report and told him that he had exhausted his FMLA leave. Brandon forwarded an updated report from his doctor that reiterated that he would be able to work with no restriction on March 14. Brandon asked to have his leave extended. Eight days later, Brandon’s supervisor told him he needed to decide by February 20 whether to resign and apply for the other position or face termination. Brandon again asked to have his leave extended.
Brandon didn’t respond by February 20. Two days later, he received a letter informing him that his employer had terminated him.
Brandon sued, alleging that the employer denied him an accommodation when it didn’t extend his leave.
In court, the employer pointed out that it offered Brandon an alternative position.
The court ruled in favor of the employer. It said the employer didn’t have to give Brandon his choice of accommodations. It complied with its ADA obligations to offer a reasonable accommodation, even if the alternative position was one Brandon didn’t necessarily prefer.
Mundt vs Sheriff, Okaloosa County, 11th Circuit Court of Appeals, No. 24-14130, October 23, 2025.
Key to remember: If employers offer a reasonable accommodation, and an employee turns it down, the employee risks losing their ADA protections.
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2025-11-19T06:00:00Z
NewsEnforcement and Audits - OSHASafety and Health Programs and TrainingSafety and Health Programs and TrainingEnglishHeat StressIndustry NewsIndustry NewsHeat and Cold ExposureEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyFocus AreaUSA
Nevada OSHA updates heat illness dashboard
Nevada’s recently updated heat illness dashboard now includes enforcement data on the state’s heat illness prevention rule. The rule took effect April 29 and as of October 15, there have been 183 compliance-related inspections. Accommodation and food services, construction, and retail are the top three inspected industries.
Nevada OSHA received 400 complaints, down 20 percent since last year, and 13 noncompliance citations have been issued. The state’s heat illness regulation requires employers with at least 10 employees to:
- Conduct a one-time job hazard analysis to identify hazardous work conditions,
- Adopt a written Heat Illness Prevention Plan,
- Implement emergency responses procedures,
- Monitor affected employees, and
- Train workers to recognize and minimize heat hazards.
The dashboard includes data on complaints, inspections, citations, penalties, and workers' compensation.
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2025-11-19T06:00:00Z
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
The lasting effects of the government shutdown on construction companies
The federal government shutdown officially ended on November 12, 2025 after 43 days—making it the longest in U.S. history. With appropriations restored through January 30, 2026, federal workers have returned.
However, it might not be “smooth sailing” from here on out, especially for construction companies.
The impact on construction companies
While the government shutdown impacted employers of all workplaces, construction companies faced additional challenges.
During the shutdown, many contractors faced payment freezes for completed work, forcing tough decisions—either pause operations or risk defaults. These disruptions led to increased costs, remobilization challenges, and credit strain.
When budgets tighten and schedules slip, safety programs often suffer. Training gets delayed, PPE purchases are postponed, and crews feel pressured to work faster under riskier conditions. These factors can increase the likelihood of injuries and OSHA violations.
Now that the government is back in operation, construction companies should prepare for lasting effects.
First, there may be delays in permits, funding, and scheduling. Federal staff are remobilizing, which means cost-reimbursement projects may be postponed. Contracting reviews and approvals could take three to four months longer than usual, similar to what happened during the 2018–19 shutdown. Industry experts recommend building resilience by including contingency provisions in contracts and diversifying project portfolios to reduce risk.
OSHA enforcement returns
During the shutdown, OSHA scaled back its activities, limiting inspections to cases involving imminent danger, fatalities, and severe incidents. Now that the government has reopened, enforcement is returning in full force. Employers should expect a surge in inspections as OSHA works through its backlog.
Keep in mind, compliance obligations never stopped. Injury and illness logs, abatement deadlines, and reporting requirements remained in effect throughout the shutdown. Companies that fell behind must act quickly to correct any gaps and prepare for renewed scrutiny.
Key to remember: Employers should act now to catch up on compliance and prepare for additional inspections.
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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.