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
2025-11-10T06:00:00Z
NewsDrug and alcohol policy - Motor CarrierDrug and Alcohol Testing - DOTDrug testing - Motor CarrierTransportationDrug and alcohol training - Motor CarrierIn-Depth ArticleEnglishIndustry NewsFleet SafetyRandom alcohol and drug testing- Motor CarrierSafety-sensitive function - Motor CarrierAlcohol testing - Motor CarrierDrug and alcohol recordkeeping - Motor CarrierFocus AreaUSA
DOT modes & testing: Different inputs, same result
What’s the formula for success when it comes to DOT drug and alcohol testing? Part 40 is your constant, agency rules are your variables, and compliance is the sum. This is true whether you’re subject to highway, rail, air, pipeline, transit, or maritime testing requirements.
If your operation spans multiple agencies, don’t assume A = B when it comes to DOT drug and alcohol testing. Use the following to aid in balancing your compliance equation.
Common denominators across modes
Several constants are built into 49 CFR Part 40, which contains the procedures for drug and alcohol testing of transportation workers. These constants ensure consistency, fairness, and privacy.
To sum up Part 40, it specifies:
- Privacy and security requirements for collection sites,
- The collection kits, equipment, and forms to use,
- Collector and technician training,
- Steps to perform drug and alcohol tests,
- Approved laboratories,
- Steps to return to duty following a violation,
- Follow-up testing after a return-to-duty program, and
- Credentials and training of:
- Collection site personnel,
- Medical review officers (MROs), and
- Substance abuse professionals (SAPs).
To create this uniformity between modes, Part 40 is referenced by all agencies subject to DOT testing:
- Federal Motor Carrier Safety Administration (FMCSA)
- Federal Aviation Administration (FAA)
- Federal Railroad Administration (FRA)
- Federal Transit Administration (FTA)
- Pipeline and Hazardous Materials Safety Administration (PHMSA)
- United States Coast Guard (USCG)
This means each covered employee will experience the same procedures no matter what agency they operate under, including specimen collection, lab analysis, handling of drug test results, and alcohol testing procedures. Those who violate DOT testing rules are subject to the same evaluation, treatment, and testing requirements.
Part 40 also requires employers to investigate the DOT drug and alcohol history of those applying to or transferring into a safety-sensitive position.
Variables that change the formula
In addition to Part 40, DOT employers and employees must factor in agency-specific rules. For example, FMCSA-regulated employers must follow 49 CFR Part 382, while PHMSA-regulated employers follow 49 CFR Part 199.
Agency rules lay out:
- Which entities are subject
- Who is a covered employee
- What activities are safety-sensitive functions
- When testing is required
- Training of employees and supervisors
- Content of policies and procedures
- Prohibited behavior
- Recordkeeping
- Random testing rates
- Confidentiality
When an agency rule conflicts with Part 40, the company must go with the more stringent of the two. For example, FMCSA requires employers to investigate the past three years of DOT testing history, while Part 40 requires just two. So, FMCSA-regulated employers must pursue three years.
And, of course, many agency-specific requirements must be followed. For instance:
- FMCSA employers must use the Drug and Alcohol Clearinghouse as the sole means of learning of FMCSA testing violations. Other agencies don’t have access to this or any similar database.
- PHMSA only requires random drug tests; random alcohol testing is not permitted.
- Some agencies require the observations of two trained supervisors for reasonable suspicion tests.
Employer2
When the same employer is subject to testing for more than one DOT mode, it’s important that the two remain separate. This means each program must have its own chain of custody forms, alcohol testing forms, lab accounts, and so forth.
Forms. When an employee is sent to a clinic, these dual-mode employers must ensure the clinic personnel know which testing form to use and the appropriate agency box to check. This is especially important when a violation needs to be reported to the Clearinghouse. The MRO will only report those checked as FMCSA.
Policies. Dual-mode employers must have a testing policy for each agency. A single policy does not communicate the modal-specific requirements and definitions. An investigator only wants to see what applies to their agency.
Random testing. If an employer is subject to more than one DOT agency for testing, they have the option of creating separate selections or combining them into a single pool (similar to a consortium). They would test at the highest minimum testing rate represented
Employee2
Employees who are subject to more than one mode under the same employer must be in both agency programs.
These employees are subject to all aspects of each respective agency (e.g., background checks, issuance of each policy, post-accident testing, etc.).
The only exception is random testing. These employees are placed in the random pool for the agency where they perform at least 51 percent of their job functions.
Key to remember: Make sure your DOT testing program adds up. Part 40 plus your agency-specific rules equals total compliance.
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
NewsGreenhouse GasesEnforcement and Audits - OSHAMonthly Roundup VideoCAA ComplianceFire Protection and PreventionUSAEnglishOSHA Violations and PenaltiesAir ProgramsIndustry NewsEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyEnvironmentalFocus AreaFire Protection and PreventionAir ProgramsVideo
EHS Monthly Round Up - October 2025
In this October 2025 roundup video, we'll review the most impactful environmental health and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened in the last month!
On October 7th, David Keeling was confirmed by the Senate as OSHA’s new Assistant Secretary of Labor. During his confirmation hearing, Keeling stated that “nothing is more beneficial than collaboration between employers and employees” and shared his three main goals for the agency. These are modernization in regulatory oversight and rulemaking, expanding OSHA’s cooperation and collaboration efforts, and transforming OSHA’s enforcement.
In a landmark opinion, an appeals court offers a framework to revive federal rulemakings, such as OSHA’s Ergonomics Program rule. The rule was previously struck down by the Congressional Review Act in 2001. The latest court decision loosens the grip that the Act has had for almost 25 years. This makes it feasible for agencies like OSHA, EPA, and others to give long-gone rules a second chance. It gives OSHA a path to publish a narrow or different ergonomics rule in the future.
OSHA quietly archived a memo from 2024 that had suggested its enforcement offices may refrain from grouping violations where those offenses are separate and distinct. In some cases, ungrouping raises the total penalty for an inspection. An OSHA spokesperson said the memo was determined to be unnecessary since agency policy in its Field Operations Manual provides clear guidance to OSHA field staff on when citation item grouping may be considered.
The NFPA’s Fire Prevention Week kicked off October 5th with a theme of lithium-ion battery safety in the home. Reports of fires and explosions involving lithium-ion batteries have been on the rise. NFPA provides information and guidance on how to safely use, handle, and recycle them.
And finally, turning to environmental news, the California Air Resources Board submitted comments opposing EPA’s proposal to overturn its 2009 Endangerment Finding. The Endangerment Finding has guided federal actions to address greenhouse gas pollution. CARB’s comments note that EPA’s proposal ignores more than 15 years of its own research and regulations and emphasizes that the agency is obligated to address greenhouse gas emissions and adopt strong standards to reduce them. EPA received over 15 thousand comments on its proposal.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
Keep reading...Show less
NewsI-9sI-9sE-VerifyMonthly Roundup VideoUSAHuman ResourcesHR ManagementEnglishHealth PlansTalent Management & RecruitingAssociate Benefits & CompensationDiscriminationIndustry NewsDiscriminationRecruiting and hiringEmployee BenefitsEmployee BenefitsRecruiting and hiringBenefits communicationHR GeneralistFlexible BenefitsApplications/ApplicantsAssociate RelationsFocus AreaVideo
HR Monthly Round Up - October 2025
In this October 2025 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
On October 7, the U.S. Senate confirmed Brittany Panuccio as the third commissioner of the Equal Employment Opportunity Commission. This gives the EEOC a quorum, or enough people to vote on rulemaking, issue new policies, or revoke guidance documents.
With Panuccio’s confirmation, the agency will likely move forward with making changes. This means that employers may see updates to regulations and other guidance about employment discrimination rules, like those under the Pregnant Workers Fairness Act.
In other news, three federal agencies recently announced that they’re drafting regulations that would allow employers to provide stand-alone, self-funded fertility benefits plans. A fertility benefit would be provided in a manner similar to how dental and vision coverage is offered to employees.
The regulations are in response to an announcement on October 17 from the Trump administration that urged U.S. employers to create new fertility benefit options to cover in vitro fertilization and other infertility treatments. An executive order, signed by President Trump in February, encouraged policies that reduce out-of-pocket costs for IVF.
And finally, E-Verify employers that want to retain information about cases that are more than 10 years old have until January 4, 2026, to download the records. That’s because on January 5, 2026, U.S. Citizenship and Immigration Services will dispose of E-Verify records for cases that were last updated on or before December 31, 2015.
A company’s E-Verify program administrator or corporate administrator may download and save the Historical Records Report to retain information about these cases. The report includes company information, case identifiers, and case resolution information. It doesn’t include employee Social Security numbers or document numbers.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
Keep reading...Show less
NewsCommercial learners permit CLPVideoTransportationUSAEnglishEnforcement - DOTRoadside InspectionsCommercial drivers license CDLCommercial drivers license CDLIndustry NewsFleet SafetyFleet OperationsFleet TaxesFocus AreaMonthly Roundup Video
Transportation Monthly Round Up - October 2025
In this October 2025 round up video, we'll review the most impactful transportation news.
In this October 2025 round up, we will discuss the Unified Carrier Registration Program, the CDL medical certification update, and results for this year’s Operation Safe Driver Week.
From October 1st through December 31st, carriers and others operating in interstate commerce must register under the Unified Carrier Registration (UCR) program — and waiting until the last minute could cost you.
UCR applies to private property carriers, for-hire passenger and property carriers, freight forwarders, leasing companies, and brokers.
Beyond compliance, UCR registration reflects your company’s commitment to safety and regulatory integrity. It signals to clients, partners, and regulators that your business operates responsibly and within the bounds of federal and state law. Failure to register by the December 31 deadline may result in penalties, citations, or delays during roadside inspections.
Phase 2 of the CDL Medical Certification Integration (known as NRII) was effective June 23, 2025. As of October 27, 2025, 40 states now automatically receive medical exam updates from the NationalRegistry of Certified Medical Examiners.
This means commercial driver’s license (CDL) and commercial learner’s permit (CLP) drivers in those states no longer need to submit their medical cards to the state, and carriers don’t have to verify that the examiner is listed on the Registry.
The current FMCSA waiver, effective October 13, 2025, through January 10, 2026, allows CDL/CLP drivers to carry a paper copy of their medical examiner’s certificate (MEC) for up to 60 days after it’s issued. The previous waiver ending October 12th, had the same 60-day allowance.
Carriers can also keep the certificate in the driver qualification (DQ) file, but it must be replaced with an updated MVR within 60 days of the exam.
This year’s Commercial Vehicle Safety Alliance (CVSA) event ran from July 13–19, 2025, focusing on unsafe driving behaviors. CVSA schedules this 7-day safe-driving awareness campaign every year to educate drivers and create safer roadways across Canada, the U.S., and Mexico.
During the July event, officers across North America issued warnings and tickets to 5,069 unsafe drivers, targeting commercial and passenger vehicles alike (both CMV and non-CMV drivers).
The top infractions of Operation Safe Driver Week 2025 were speeding, failure to wear a seatbelt, texting or using a handheld device, reckless/careless/inattentive driving, and possession/use/under the influence of drugs/alcohol. A total of 8.739 vehicles were inspected during this year’s campaign.
That’s it for this month’s round up. Stay safe, and thanks for watching
Keep reading...Show less
2025-11-07T06:00:00Z
NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistExpert InsightsLeaveTime offHR ManagementEnglishFocus AreaHuman ResourcesUSA
Even doomed legislation is worth knowing about
Have you ever read a news article about a law that’s being proposed only to get to the end and learn that it has almost no chance of passing?
That happened to me recently when reading about two employment-related bills that have been introduced in Congress this year. Both have little chance of being enacted. But both indicate a trend in the desire for paid leave at the federal level.
One of these doomed pieces of legislation is the Time Off to Vote Act. This act would require employers with 25 or more employees to give workers two consecutive hours of paid time off to cast their ballots in federal elections.
The other unlikely-to-pass bill, the Protected Time Off (PTO) Act, would require most private employers to give employees accrued paid time off for any reason each year.
Surely the representatives penning these pieces of legislation realize that their ideas aren’t winners given the current makeup of Congress. I assume they’re aware of how divided their chambers are. Then why make the effort to draft these bills? I suspect it has something to do with their belief in the power of suggestion. Here’s what I mean:
Whatever happens in Congress gets media coverage. So, representatives who want to bring attention to an issue sometimes do so by proposing legislation even if it’s unlikely to pass.
Planting seeds
It’s all about planting seeds. Maybe there is little chance of these two “seeds” growing into laws this year or next, but now the idea has been planted in the minds of some voters who might call their representatives to voice their support or opposition.
Or maybe during the next election cycle candidates who are for or against time off to vote and mandatory PTO will have to stand up and explain their views, leaving it up to voters to decide whether they want to support someone who takes that position. If these ideas weren’t formally introduced, current legislators and wanna-be legislators might not be asked to weigh in on them.
And while there are no federal laws requiring time off to vote or PTO that employers must follow in the near future, wise ones will take the ideas into consideration. Being able to adapt in any political climate helps employers avoid the doom of being uninformed and out of compliance.
Keep reading...Show less
2025-11-06T06:00:00Z
NewsOffice of the Law Revision Counsel (LRC), HouseOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyGeneral Duty ClauseGeneral Duty ClauseFocus AreaUSA
Holiday safety: Laughing all the way (without slipping on tinsel)
The holidays are coming! The holidays are coming! You know—that time for joy, celebration, and a sprinkling of chaos. Tangled lights, ambitious baking projects, and visiting relatives often push safety right out of our minds. But with a little planning—and a lot of humor—you can keep the season merry and injury-free.
Here are some professional tips—my gift to you—to keep you safe at work and at home for the holidays:
1. The Snow Boot Ballet
Employees trying to dress for success are tempted to sprint across an icy parking lot in dress shoes. The result? A pirouette worthy of the Nutcracker—and a bruised ego. Winter safety means wearing shoes with good traction and channeling your inner penguin with small steps.
Pro tip: Wear proper footwear. Ice doesn’t care how stylish you are.
2. The Ladder Olympics
Use a sturdy ladder when hanging mistletoe and other decorations. Wobbly chairs, stacked boxes, or Cousin Eddie’s shoulders are great ways to end up in an ambulance rather than a sleigh. Always have a spotter and avoid overreaching from the ladder since gravity doesn’t take holidays off.
Pro tip: If your ladder is older than your holiday playlist, it might be time for a new one.
3. The Fire-Hazard Fir
If you’re going with a real tree, keep it watered. Dry trees + hot lights = a fire hazard that even Rudolph can’t outrun. As enthusiastic gift-givers, try not to create a mountain of wrapping paper so large it blocks the TV and traps the dog. The dog may be fine, but the remote may never be seen again. So, clean as you go and keep candles far away from flammables to avoid a much larger yule log than expected.
Pro tip: Use electric candles with timers and turn off lights before bed. Your tree doesn’t need to party all night any more than you do.
4. The Great Light Showdown
Before you channel your inner Clark Griswold, inspect those holiday lights before you are on the ladder. Frayed wires, cracked sockets, and rogue bulbs are fire hazards waiting to happen. And remember, lights and cords are marked for indoor versus outdoor use for a reason . Avoid mixing them up unless you want a shocking surprise to start the holidays.
Pro tip: Untangle lights with a cup of cocoa nearby. It won’t help detangle things, but it’ll make you feel better.
5. The Cookie Catastrophe
Uncle Vinny once tried to flambé the holiday ham. The ham survived; his eyebrows did not. Though holiday cooking is often a team sport, too many cooks can lead to spills, burns, and fires (okay, and some mystery ingredients). Keep flammables away from flames, pot handles turned inward, and knives sharp and safely stored.
Pro tip: Keep a fire extinguisher nearby. Food fights are fun , but grease fires are not. (Oh, and maybe leave the flambéing to the professionals.)
6. The Holiday Hydration Hiccup
The holidays are a time to relax, recharge, and reconnect. So, take frequent breaks and stay hydrated. Between the hot cocoa, festive cocktails, and bottomless mugs of coffee, it’s easy to forget that your body still needs good old-fashioned water.
Staying hydrated during the holidays helps you keep your energy up, your skin glowing (for those family photos), and your digestion on track after that third helping of stuffing. So, drink responsibly and enjoy those seasonal sips, but sneak in a glass of water between the merriment—your body will thank you.
Pro tip: Chase eggnog with water, not just cookies and see how your holiday party dance moves improve.
Key to remember: Whether you're navigating icy sidewalks, looking for your cat in the Christmas tree, or dodging that hanging mistletoe, a little caution goes a long way. So, laugh, celebrate, and stay safe because nothing ruins a holiday party faster than a trip to urgent care.
Keep reading...Show less
Search all news
Did You Know You Can Ask Unlimited Questions to Our Compliance Experts?
Get answers to your most puzzling compliance questions from the industry’s top experts!
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.