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FEATURED NEWS
2026-04-23T05:00:00Z
NewsIndustry NewsHuman ResourcesAssociate RelationsTraining & DevelopmentHR GeneralistExpert InsightsDisabilities and ADAUSAHR ManagementEnglishFocus AreaDisabilities and ADAReasonable Accommodations
New leaders, new risks?
When a company hires (or promotes) a new leader, it’s no surprise that some changes might take place. New leaders often like to make changes, and usually with good intentions. A new leader might, for example, wonder why an employee has a long-standing work accommodation.
Case in point
An employee works well with an accommodation for years. A new leader is hired and makes some changes, including removing the accommodation without reviewing its effectiveness. The leader instead:
- Forces the employee to take leave she didn’t want or need,
- Denies the leave, and
- Then fires the employee.
While this might sound far-fetched, it’s based on an actual situation that landed in the hands of the federal Equal Employment Opportunity Commission, after an employee sued her former employer under the federal Americans with Disabilities Act (ADA).
In this situation, the new leader didn’t talk to the employee to determine if the previously provided accommodation was reasonable or if another was potentially available.
Changes and risks
Sometimes, new leaders make changes that can put the company at risk. Removing an effective accommodation without a valid reason puts the employer at risk of a disability discrimination claim.
Accommodations aren’t always forever
Employers don’t have to keep providing an accommodation forever, but before removing an effective one, they should have a good reason to do so.
Employers should ask themselves what has changed (other than leadership)?
- Did the job change?
- Did the employees’ needs change?
- Did the workplace change?
If leadership is the only thing that changed, the employer might have a tough time defending its actions, particularly if those actions lead to termination.
New leaders might question the validity of an accommodation. If so, they may review the accommodation by engaging in the interactive process with the employee to ensure that the accommodation remains effective and needed. Revoking a previously granted reasonable accommodation without any other action can violate the ADA.
The accommodations for the employee in the above story included using a walker and being allowed to occasionally sit. The employer is now facing the possibility of owing the employee back pay, front pay, reinstating the employee, plus paying compensatory and punitive damages.
Training
Training new leaders in the current accommodations the company is providing, and what not to do, might help avoid violations and reduce risks. All managers and supervisors should be familiar with accommodation obligations under the ADA and how to respond to employees seeking job accommodations. They should know that each situation must be addressed individually, and there’s no “one-size-fits-all” workplace accommodation.
Key to remember: A change in leadership can open employers up to risk if the new leaders aren’t familiar with the applicable laws and take actions they shouldn’t.
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RECENT INDUSTRY HIGHLIGHTS
2026-04-23T05:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsCommercial learners permit CLPCommercial drivers license CDLFocus AreaFleet OperationsEnglishTransportationUSA
FMCSA withholds more than $73 million from New York
The Federal Motor Carrier Safety Administration (FMCSA) is holding back over $73 million from New York. This withholding is in response to the state failing to revoke illegally issued non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs).
An FMCSA audit of New York’s non-domiciled commercial license issuance procedures noted:
- A 53 percent failure rate for issued licenses that violated federal law, and
- A default system that issued 8-year licenses to drivers regardless of when their legal status expires.
According to the FMCSA, New York has failed to execute corrective actions, including taking back noncompliant non-domiciled CDLs and CLPs.
The $73,502,543 being withheld represents 4 percent of the state’s National Highway Performance Program and Surface Transportation Program Block Grant funds.
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2026-04-23T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
Got safety handbooks? We asked, you answered
Employee training, onboarding, ongoing reference … We asked the J. J. Keller Insights Community, a group of customers who share feedback about safety-related topics, how they use safety handbooks in their workplaces. These handbooks are purchased – not created in-house by the panelists or their company – and may focus on a specific topic, like personal protective equipment (PPE), or cover a broad range of environmental, health, and safety (EHS) topics.
More than 70 percent of respondents said they require new employees to review safety handbooks during onboarding. Another 58 percent said they use them for refresher or ongoing training, and several respondents mentioned using them for reference purposes.
Handbooks can play an important role in workplace safety and health programs. For new employees, they help set clear expectations before starting work, identify where to find vital safety information, and build safe habits early on. Handbooks also help ensure consistency by delivering the same core safety information to all employees regardless of department, shift, or trainer.
For supervisors and managers, safety handbooks are practical tools for leading toolbox talks, reinforcing or developing training materials, and addressing unsafe behaviors.
Shared versus individual handbooks
Nearly 60 percent of survey respondents bought one handbook (or a few) and shared them among employees, while 42 percent provided individual handbooks for each employee. Of those who purchased one or a few, they typically kept the handbooks in central or safety-related locations, such as:
- Main offices
- Safety or compliance offices
- EHS departments
- Classroom or training spaces
- Shared libraries near Safety Data Sheet binders or training areas
- Shop floors near work areas
Use in training programs
As mentioned, the majority of those surveyed said they use safety handbooks as part of new hire, ongoing, and refresher training. This includes the following uses:
- Building or supporting existing training programs
- Creating quizzes or review questions
- Supporting skills testing (e.g., forklift, ladder, PPE)
- Providing supplementary materials for:
- Toolbox talks
- OSHA 30 courses
- Job-specific trainings (e.g., load securement, bloodborne pathogens, Federal Motor Carrier Safety Regulations)
Additional survey feedback
Open-ended survey responses highlighted that some companies prefer visual presentations or digital formats over print publications, with some expressing concern that hard copy materials may quickly become outdated. Others said they use handbooks only as background reference for the EHS team and see a need to increase handbook use in their company.
Key to remember: Safety handbooks can serve as a core part of safety and health programs by giving employees and supervisors a shared reference for training conversations and expectations.
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2026-04-22T05:00:00Z
NewsIndustry NewsFleet SafetyDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleUSAEnglishTransportationDrug and Alcohol Clearinghouse - Motor Carrier
Setting the Clearinghouse record straight for DUIs in CMVs
It’s not the news any employer wants to hear. One of your drivers was charged with driving under the influence (DUI) while operating a vehicle requiring a commercial driver’s license (CDL). What’s next? Can the driver fight it? What if they get it tossed out in court?
Motor carrier responsibilities
Under DOT drug and alcohol testing rules, “actual knowledge” occurs when an employer learns of drug or alcohol use based on specific scenarios, including a traffic citation for DUI in a CDL commercial motor vehicle (CMV). A traffic citation includes a ticket, complaint, or other document charging a driver.
An employer’s actual knowledge of a Part 382 violation is treated the same as any other drug or alcohol violation (e.g., failed test, refusal to test). The motor carrier must:
- Pull the driver from all safety-sensitive functions (SSFs),
- Provide the driver with a list of substance abuse professionals, and
- Report the actual knowledge to the Drug and Alcohol Clearinghouse.
The driver’s Clearinghouse status is changed to Prohibited at this point.
Even if the driver wants to fight the charges in court, the driver can’t resume SSFs. Instead, the driver must complete the return-to-duty (RTD) process, get the citation dismissed, or be adjudicated not guilty.
Drivers who are convicted of DUI in a CDL CMV must comply with the RTD requirements and follow-up testing.
DUIs that result in ‘non-convictions’
Suppose your driver wins in court. The Federal Motor Carrier Safety Administration (FMCSA) won’t enforce the RTD process for the DUI when the citation results in a non-conviction.
The term “non-conviction” means that the charge of DUI in a CMV is dismissed without the imposition of fines, court costs, or other punitive actions, or there is an unvacated adjudicated finding of not guilty. Terms that states may use to indicate a dismissal include:
- Nolle Prosequi (Nolle Pros’d or Nolle Prossed),
- Withdrawn, or
- Discontinued.
The term “non-conviction” does not include pleading guilty to a lesser charge (e.g., reckless driving).
Petitioning FMCSA
Does FMCSA automatically update the driver’s record following a non-conviction? No, the court system doesn’t notify FMCSA of the case’s final disposition. The driver must notify FMCSA of the non-conviction by submitting a petition along with documentation. Documentation may include:
- A certificate of disposition from the court,
- A letter from a prosecutor stating that the charge has been dropped, or
- A screenshot from a court online docket system that displays the disposition.
A statement from the driver, even if provided in the form of an affidavit, will not be considered unless accompanied by documentary evidence.
The driver may resume safety-sensitive functions when FMCSA accepts the evidence and changes the Clearinghouse status from Prohibited to Not Prohibited.
The driver whose charges resulted in a non-conviction is no longer required to pursue the RTD program and follow-up testing.
Key to remember: An employer who learns of a DUI in a CDL CMV must report it as actual knowledge, even if the driver plans on challenging it in court. The driver can’t return to SSFs unless there is proof of a non-conviction or successful completion of the RTD process.
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2026-04-22T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHR ManagementEnglishLeaveUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaHuman Resources
Child bereavement leave law reintroduced at the federal level
On April 6, Congressman Brad Schneider (IL), along with Congressmen Brian Fitzpatrick (PA), Don Beyer (VA), and Sean Casten (IL), reintroduced the Sarah Grace-Farley-Kluger-Barklage Act (HR 8207), a bill to ensure that parents who’ve lost a child are entitled to 12 weeks of bereavement leave under the federal Family and Medical Leave Act (FMLA). The measure has been introduced many times before, however, and has yet to gain any traction toward becoming law.
Currently, the FMLA provides eligible employees up to 12 weeks of unpaid leave for certain life events, such as birth or adoption, a serious health condition, or to care for an immediate family member. During this leave, an employer may not terminate an employee who qualifies for such leave.
If passed into law, the Sarah Grace-Farley-Kluger-Barklage Act would amend the FMLA to add “death of a son or daughter” to the list of eligible life events for unpaid leave and allow parents the time to grieve without the fear of losing their jobs.
The bill is named in memory of Sarah Grace Weippert, Noah and Katie Farley, Erica Kluger, and Blake Barklage, whose parents have worked tirelessly to ensure other grieving parents who’ve lost a child are afforded the time to heal in the face of unimaginable loss.
Details of the Act’s leave requirements include:
- Employees would need to take the leave within 12 months of the death.
- Employers wouldn’t need to allow employees to take the leave intermittently or on a reduced schedule, but they may agree to do so.
- When the need for leave is foreseeable, employees would need to give notice to the employer as it is reasonable and practicable.
- Employers could require that the leave be supported by a certification, as prescribed by the U.S. Department of Labor regulations.
Although this bill is at the federal level, many states are beginning to enact bereavement leave laws. Illinois, for example, passed the Child Extended Bereavement Leave Act — which took effect on January 1, 2024 — and gives eligible employees 6–12 weeks of bereavement leave depending on the size of the employer.
Employers in states with bereavement laws on the books should be aware of their obligations.
Key to remember: The FMLA could expand to include time off for employees who are mourning the death of a child if this bill gets enacted.
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2026-04-22T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyWalking Working SurfacesIn-Depth ArticleLaddersEnglishFocus AreaUSA
Ladders, familiar work, serious risks
Ladder-related standards consistently rank among OSHA’s top 10 most cited violations. Every year, serious injuries continue to occur, not because ladders are unsafe, but because they’re used in ways people don’t recognize them as risky.
Preventing ladder incidents starts with recognizing when everyday tasks introduce risk and making deliberate choices to use, position, and reassess ladders before unsafe habits take hold.
Ladders feel safe, until they’re not
Ladders don’t usually trigger a sense of risk because they’re seen as a part of everyday work. When tasks feel quick and familiar, people don’t always stop reassessing the setup. That’s how unsafe ladder habits with big consequences can develop, including:
- standing on the top step “just for a second;”
- reaching too far instead of climbing down;
- using whatever ladder is closest, not the right one; and
- skipping ladder inspections because “it worked last time.”
Ladder safety isn’t going away, and that’s not a bad thing
If ladder safety feels like a repeat conversation, that’s because the same risks keep showing up. New employees are hired; facilities and equipment changes, and old habits stick around longer than they should. Even experienced workers fall into this trap. Familiar tasks start to invite rushing. Rushing leads to shortcuts, and shortcuts are where ladder injuries happen.
Emphasis must be placed on recognizing the risk before the climb starts. This means knowing when a ladder is the wrong choice, repositioning is safer than reaching, and when a quick task deserves the same setup as a longer one.
Most incidents don’t start with bad intentions. They start with “just this once” decisions, one more rung, one quick reach, one skipped check. Effective ladder safety training is about breaking routines and refocusing attention on the decisions that make ladder work safer.
Routine work, repeat injuries
Ladder injuries follow a familiar pattern. They don’t usually come from unusual jobs or unexpected hazards, and they happen during everyday tasks that feel common. Injury reports often look the same, such as short tasks, quick setups, and decisions made under time pressure. The ladder didn’t fail. The setup and the decisions around it did.
Injury data from OSHA and the Bureau of Labor Statistics (BLS) consistently point to the same causes. That’s why the same types of ladder injuries keep occurring repeatedly, not because the hazards are unknown, but because routine work makes those hazards easier to overlook. These reasons include:
- people underestimate the risk because ladders feel familiar;
- jobs feel “too small” to stop and reset the ladder;
- time pressure encourages leaning, rushing, and overreaching; and
- experience leads to comfort, and comfort leads to shortcuts.
The rules are written in injuries
OSHA ladder requirements are built around real injury trends and are based on decades of injury data. Falls from ladders remain one of the leading causes of workplace injuries, which is why OSHA keeps ladders near the top of its enforcement priorities year after year:
OSHA 29 CFR 1910.23 defines how ladders are intended to be used, specifically prohibiting practices such as standing on the top step of a stepladder, using ladders for purposes they were not designed for, and climbing ladders that have not been inspected. These requirements exist because improper use, poor setup, and skipped inspections consistently show up in ladder fall investigations.
OSHA 29 CFR 1910.30 reinforces that preventing ladder injuries depends on training employees to recognize hazards before they climb, understand proper ladder selection and positioning, and know when a ladder is not the right tool for the task. Together, these standards emphasize that ladder injuries are not random events, they are predictable outcomes of routine decisions made during everyday work.
Small choices make a big difference
Ladder safety isn’t only about compliance. Incidents develop from a series of small, moment to moment decisions made during routine work. These choices made daily either reduce risk or quietly add to it. Ladder injuries can be avoided by taking the time to make simple improvements including:
- inspecting and securing the ladder,
- climbing down and repositioning,
- selecting the proper ladder for the task, and
- stopping when the ladder no longer feels stable or safe.
Key to remember: Take the time to choose safer setups, stay alert, and prevent routine decisions from turning into preventable injuries. When employees choose the correct ladder, reposition instead of reaching, and inspect before use, the risk of ladder injuries falls, not your employees.
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