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
2025-07-01T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaUSA
Flurry of activity in the OSHA world: Agency publishes final rule, multiple proposed rules
In response to Executive Orders, OSHA published 25 proposed rules and one final rule in the Federal Register on July 1. Stakeholders have until September 2 to comment on the proposed rules, and in some instances, OSHA seeks input on specific questions pertaining to the rule.
The agency’s lone final rule, effective July 1, removes the requirement for the Assistant Secretary of OSHA to consult with the Advisory Committee on Construction Safety and Health (ACCSH) when formulating rules to promulgate, modify, or revoke standards applicable to construction work. It also revokes 1912.3, the general regulations governing ACCSH.
Additionally, OSHA is withdrawing its proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related musculoskeletal disorders. This does not change any employer’s obligation to complete and retain occupational injury and illness records under OSHA’s regulations.
| Proposed action | Affected regulation |
| Remove some medical evaluation requirements for the use of medical evaluations for filtering facepiece respirators and loose-fitting powered air-purifying respirators. | • Respiratory protection, 1910.134 |
| Revise some substance-specific respirator requirements to allow different types of respirators to be used. | • 1,2-Dibromo-3-Chloropropane, 1910.1044 • 1,3-Butadiene, 1910.1051 • Asbestos, 1910.1001, 1915.1001, 1926.1101 • Benzene, 1910.1028 • Cadmium, 1910.1027, 1926.1127 • Coke oven emissions, 1910.1029 • Cotton dust, 1910.1043 • Ethylene oxide, 1910.1047 • Inorganic arsenic, 1910.1018 • Lead, 1910.1025, 1926.62 • Methylene chloride, 1910.1052 • Methylenedianiline, 1910.1050, 1926.60 |
| Remove duplicative language related to respiratory protection. | • Acrylonitrile, 1910.1045 • Formaldehyde, 1910.1048 • Vinyl chloride, 1910.1017 |
| Revise respirator requirements; clarify policies and procedures for implementing a respiratory protection program. | • 13 Carcinogens, 1910.1003 |
| Remove entire regulation. | • Construction illumination, 1926.26, 1926.56 • House falls in marine terminals, 1917.41 • Occupational exposure to COVID-19 in healthcare settings, 1910 Subpart U • COVID-19, 1915.1501, 1917.31, 1918 Subpart K, 1926.58, 1928.21(a)(8) • Open fire in marine terminals, 1917.21 • Safety color code for marking physical hazards, 1910.144, 1910.262(c)(8), 1910.265(c)(11), 1915.90 • Recission of coordinated enforcement regulations, 29 CFR Part 42 |
| Add a regulatory section clarifying OSHA’s interpretation of the General Duty Clause to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance, such as animal handling, motor sports, and combat simulation training. | • 1975.7, Application of the General Duty Clause to inherently risky professional activities |
| Final action | Affected regulations |
| Revoke 1911.10, which requires the Assistant Secretary for Occupational Safety and Health (Assistant Secretary), who heads OSHA, to consult with the Advisory Committee on Construction Safety and Health (ACCSH) in the formulation of rules to promulgate, modify, or revoke standards applicable to construction work, and 1912.3, the general regulations governing ACCSH. Revise corresponding sections in 1911 and 1912. | • 1911.10, Construction standards • 1911.15, Nature of hearing • 1912.3, Advisory committee on construction safety and health • 1912.8, Committee charters • 1912.9, Representation on section 7(b) committees |
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RECENT INDUSTRY HIGHLIGHTS
2025-07-01T05:00:00Z
NewsTraining & DevelopmentEmployee RelationsIn-Depth ArticleHR ManagementEnglishHuman ResourcesTalent Management & RecruitingAssociate Benefits & CompensationIndustry NewsEmployee RelationsHR GeneralistAssociate RelationsCommunication ToolsFocus AreaUSA
Middle managers are rising to the top (or did they have the power all along?)
The middle manager role has often been the punchline of jokes or the buffoon character in sitcoms. It’s traditionally been a position that hasn’t received the respect it deserved. That tide is beginning to shift.
Fifty-one percent of the Chief Human Resource Officers (CHRO) said that their focus this year is on leadership and manager development, according to the SHRM 2025 CHRO Priorities and Perspectives report.
Companies are realizing that middle managers are uniquely positioned to have a read on the workforce and the ability to impact culture, while strategizing with executives on the broader company vision.
The ‘Glinda’ effect
Glinda the Good Witch in the classic movie “The Wizard of Oz” is the motivational speaker that all workplaces could learn from.
She famously boosted the lost and frightened Dorothy’s self-confidence by telling her that she had the “power all along.” Middle managers (like Dorothy), perhaps, have had the power all along, too. That power might include:
- The power to positively affect employees by providing supportive feedback,
- The power to create real-time change through clear and timely communication of information, and
- The power to make a difference by modeling positive behavior and working to resolve minor conflicts before they become serious problems.
As middle managers are coming into their own power, companies are responding.
Empowering middle managers
To get the ball rolling on maximizing your middle managers' capabilities, here are three focus areas to consider:
- Uplift and update the role. Get rid of old points of view about what being a middle manager means. Replace it with a modernized approach that focuses on the value they bring to an organization with their direct impact on people. They’re in the driver’s seat when it comes to culture and environment.
- Train middle managers. Some people skills might come naturally. Everything else that middle managers need to successfully do their jobs requires an investment in ongoing training.
- Increase communication. Make it a regular habit to listen to what middle managers are saying. Surveying them on a regular basis gives the company a sense of the challenges they face that could impact the company as a whole.
Key to remember: Middle managers play a crucial role in organizations. Employers should invest time and resources in empowering them.
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2025-07-01T05:00:00Z
NewsIndustry NewsEnglishFleet SafetyFocus AreaIn-Depth ArticleEnforcement - DOTRoadside InspectionsTransportationUSA
FMCSA unveils new DataQs procedures, seeks input
The Federal Motor Carrier Safety Administration (FMCSA) plans to make several important changes to its DataQs system and they’re asking the public for help.
DataQs is the online system that motor carriers, drivers, and others can use to request a review of crash or roadside inspection data that the requester believes is inaccurate or incomplete, called a “request for data review” (RDR).
In 2023, the FMCSA sought input on creating a formal appeals process for DataQs, something that today is not clearly defined. The agency recently announced changes to that proposed process and put out a call for more public input.
How it works today
If a driver or motor carrier files an RDR, it gets forwarded to the agency that generated the record, such as the State Patrol in the case of a crash or roadside inspection. The agency then reviews the RDR, does an investigation, and makes a decision to either change the data or reject the request.
If the RDR is rejected, the requester can submit an appeal, but the state agency may require new information before reviewing the matter or may let the same people who rejected the initial RDR also review the appeal, creating a conflict of interest.
Once the appeal is decided, the state agency and FMCSA consider the case closed.
Proposed changes
The FMCSA says it wants to “improve the impartiality, timeliness, transparency, and fundamental fairness of the RDR process.” Though in 2023 it had proposed injecting itself into the appeals process, the agency now wants the states to handle it. Among other changes being proposed:
- Good-faith reviews: States must conduct a good-faith review of RDRs that are submitted within three years from the date of an inspection or five years from the date of a crash, and must have established points of contact for RDRs.
- State plans: States must submit a “DataQs Implementation Plan” detailing how they will process RDRs and how they will address any existing or future backlog of RDRs. The plan would have to be made public and be reviewed and updated annually.
- Appeals: Requesters will be allowed two appeals. When a state receives an initial RDR, a first-level appeal (known as a “reconsideration review”), or a request for a “final review,” the state will be expected to open the request within seven days of submission and then respond within 21 days, or 30 days for a final review. If the state requests more information, the requester will be given 14 days to provide it, and the clock will stop while the requester gathers additional information. Requesters are expected to have a valid reason for any appeal.
- Rejections: When a state closes an RDR or appeal without correcting any data, the issuing officer/inspector cannot be the sole decisionmaker and the state must explain the facts and analysis supporting the decision.
- Expertise: Appeals must go before a person or panel with “appropriate subject matter expertise” and cannot be reviewed or decided by the issuing officer/inspector nor their direct supervisor. A “final review” must be done by someone outside the chain of command for the issuing officer/inspector, and a panel may be used to provide recommendations to that person.
The state’s decision would be considered final by the FMCSA after the state’s final review is complete.
States that fail to live up to their DataQs obligations would be at risk of losing highway funds.
Five questions
The FMCSA is asking for input on five key questions related to their proposal:
- What are the potential benefits and challenges of the proposed changes?
- What challenges will states face in adhering to the timelines for each stage of the RDR process? How should delays be handled?
- How should states be held accountable for compliance?
- If a requester doesn’t respond with additional or proper information when requested, how should the RDR be handled?
- To what extent should FMCSA define the criteria for a “valid reason” for an appeal?
Comments may be submitted online until September 2, 2025, at www.regulations.gov under docket number FMCSA-2023-0190.
Key to remember: The FMCSA is proposing improvements to the DataQs system, and now’s your chance to weigh in.
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2025-06-30T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyHours of ServiceHours of ServiceBusiness planning - Motor CarrierFocus AreaEnglishTransportationBusiness planning - Motor CarrierUSA
Pro-trucker package promises millions
The U.S. Department of Transportation has unveiled a package of new programs, updates, and initiatives to support truck drivers across the nation. The goal is to make life easier and safer for truck drivers, and to improve overall road safety for all travelers.
The package includes five key focus areas:
- Truck parking. The Department of Transportation (DOT) is planning to release over $275 million in funding to help expand truck parking, with $180 million going to Florida alone. The DOT says this will help reduce the time spent looking for parking and reduce the number of unsafe spots that drivers are currently forced to settle with.
- Speed limiters. The DOT is withdrawing a proposal to mandate speed limiters for heavy trucks. The agency says such a mandate would have created a safety hazard by forcing drivers to travel slower than the flow of traffic.
- Driver resources. The Federal Motor Carrier Safety Administration (FMCSA) is updating the Consumer Complaint database and the DataQs system, along with other digital tools, to make the websites more transparent and easier to use.
- Regulation simplification. FMCSA has proposed to remove around 1,800 words from the federal regulations and claims the changes could save the motor carrier industry millions of dollars annually. The agency also says it’s committed to keeping an existing electronic logging device (ELD) mandate for pre-2000 model year trucks.
- Bad actors. The FMCSA is making a specific effort to target unlawful double-brokering laws and to hold bad actors accountable for their actions.
HOS pilot programs
The FMCSA also announced plans to launch two pilot programs to gather data on whether adding flexibility to the hours-of-service regulations would improve driver working conditions while enhancing safety. The agency says the programs will allow participating drivers to:
- Split their 10-hour off-duty period into more flexible combinations, including 6/4 and 5/5 splits; and
- Pause the 14-hour on-duty period for a period of no less than 30 minutes and no more than 3 hours.
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2025-06-30T05:00:00Z
NewsIndustry NewsEnglishFleet SafetyOut-of-service criteria - Motor CarrierFocus AreaIn-Depth ArticleEnforcement - DOTTransportationUSA
How to avoid violations that place drivers out of service
The process is straight forward. During a roadside inspection, an officer will verify compliance with safety regulations. If a driver violation is found, the officer will document it on the inspection report. The officer will then compare the situation surrounding the violation to the North American Standard Out-of-Service Criteria, published by the Commercial Vehicle Safety Alliance (CVSA). If the situation matches the criteria, the driver (or vehicle) will be placed out of service.
Here are the violations that could result in the driver being placed out of service:
- Operating in interstate commerce when under 21 years old (391.11(b)(1))
- Inadequate English language skills (391.11(b)(2))
- Not having the correct license for the vehicle being operated (391.11(b)(5) for drivers of non-CDL vehicles, and 383.23(a)(2) if operating a CDL-required vehicle)
- Operating in violation of endorsements or restrictions (391.11(b)(5) for drivers of non-CDL vehicles, and 383.23(a)(2) if operating a CDL-required vehicle)
- No accompanying CDL driver or violating other terms of a commercial learner’s permit (383.25))
- Operating without proof of valid medical certification — a valid medical card for a non-CDL driver and proof of medical qualifications on the motor vehicle report for a CDL driver — or not meeting the terms of a medical variance (391.41)
- Not using corrective lenses when required on the medical card (391.11(b)(4))
- Operating when ill or fatigued (392.3)
- Operating when under the influence of or in possession of drugs or alcohol (392.4 and 392.5)
- Operating when listed as prohibited in the Drug and Alcohol Clearinghouse (392.15)
- No records of duty status for the current and previous seven days when required (395.8)
- Operating when in excess of an hours-of-service limit (395.3 or 395.5)
- Operating with a false log when the falsification has occurred since the last verified mandatory break or when a past falsification, when corrected, puts the driver over a limit (395.8)
The reason the driver is placed out of service for these violations is that the driver is considered an imminent hazard.
Preventing these violations
Here is a list of activities that can prevent these violations:
- Have an effective screening program to make sure you are only hiring qualified drivers (see 391.11) and have a qualifications system in place that makes sure your current drivers remain qualified (always have a valid license and medical).
- Have your dispatch process connected to your qualifications process, so everyone knows what vehicles each driver is qualified to operate and if a driver loses a qualification.
- Immediately remove drivers from driving who have become unqualified (lost their license, lost their medical qualification, failed or refused a drug and alcohol test) or who are listed as prohibited in the Drug and Alcohol Clearinghouse.
- Train your drivers using classroom training and mock roadside inspections to always have their credential current and with them.
- Train your drivers, dispatchers, and supervisors that drivers are not allowed to operate when ill, fatigued, under the influence of anything, or when out of hours.
- Continually remind your drivers they cannot have illegal drugs or alcohol in the cab of the vehicle and have a reasonable suspicion process that puts qualified supervisors in contact with drivers, so they can verify drivers are not under the influence.
- Factor the hours-of-service limits into driver assignments and hold dispatchers and supervisors responsible for hours-of-service violations committed by their drivers.
- Train your drivers, dispatchers, and supervisors on the hours of service and records of duty status requirement.
- Audit drivers’ logs and take corrective action when a violation is discovered.
Key to remember: By having practices, systems, policies, and training in place, you can prevent most of the driver out-of-service violations.
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2025-06-30T05:00:00Z
NewsIndustry NewsFood transportationFood transportationVehicle TechnologyIn-Depth ArticleFleet OperationsVehicle TechnologyEnglishFocus AreaTransportationUSA
Keep the summer from sizzling reefer loads with three technologies
Transporting perishable foods like seafood in summer, even on reefer (refrigerated) trailers, is challenging because they spoil quickly. If food arrives at the wrong temperature or damaged, it can be rejected—costing tens of thousands to over half a million dollars. Fortunately, some newer, more affordable technologies can help reduce these losses and meet customer expectations.
Before using these technologies, carriers should have a strong inspection and maintenance program in place. Once that’s ready, here are three key technologies to consider:
1. Refrigerated trailer telematics
Reefer trailers now often have telematics to monitor and control trailer conditions remotely. This helps ensure food safety and quality. With modern telematics, carriers can:
- Remotely turn the refrigeration unit on/off or switch modes.
- Provide proof of temperature during transit to reduce rejected loads.
- Meet customer and regulatory temperature monitoring requirements.
- Monitor fuel levels to avoid running out mid-trip.
- Cut maintenance and operating costs.
- Get alerts about issues before food is damaged.
2. Trailer tracking and sensors
Thanks to better batteries, sensors, and wireless tech, trailer tracking is now more reliable and affordable. Sensors can show:
- Temperature inside the trailer.
- How long and where a trailer has been idle.
- When doors are opened or closed.
- Whether the trailer is loaded or empty.
This data helps carriers:
- Charge for trailer use (demurrage) when used as storage.
- Find trailers faster and improve delivery times.
- Use equipment more efficiently.
- Track high-value shipments, even when not connected to a truck.
3. Cargo cameras
Since drivers can’t monitor cargo 24/7, cameras help fill the gap. They can:
- Catch cargo thieves in the act, showing who, where, and when.
- Show how full the trailer is after loading or partial unloading.
- Document cargo damage due to securement or temperature failures, trailer cleanliness, and leftover items like pallets or trash.
Key to remember: These technologies help carriers improve food safety, reduce losses, and meet customer demands—giving them a competitive edge in the food transport industry.
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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.