To:          Environmental Health and Safety Coordinator From:     Sam Celly, BChE MChE JD CSP Ref:        Iceberg Effect: The Hidden Costs of Accidents Date:      June 4, 2025 Workplace accidents can be expensive for any corporation. Management often can brush away accidents and injuries by stating that it is just part of doing business. Some may look at accidents in terms of the dollar costs of treating injured employees, replacing injured employees, replacing broken machinery, etc. Accident-related expenses often go much deeper than what meets the eye. Hence the iceberg effect. The visible tip of an iceberg represents only a tiny fraction of its true impact, just like the immediate costs of an accident. Managers understand the acute impact of workplace injuries—medical bills, damaged equipment, and downtime—but the hidden costs lurking beneath the surface are even more devastating.   Accidents come with substantial costs that often go unnoticed until they start piling up. Here are some common ones. Loss in Productivity. When an accident happens, work slows down or stops entirely, resulting in delays and inefficiencies. For example, your only transmission mechanic breaks an arm and is gone temporarily for 6 weeks on disability. You must find a substitute. For calculation purposes, the tech was paid $40/hr. Your labor rate is $240/hour. The $200 differential at 40hrs/week is $8000 weekly. For six weeks of down time, you lost $48,000. Lost time is serious money! Employee Replacement Costs. If the employee is permanently disabled, you need to hire another mechanic. Lube techs may come easy; a master mechanic is likely more difficult to lure to your store. According to the 2023 NADA Dealership Workforce Study, average cost to recruit and onboard a hire is $5,000. Time to fill is another factor, impacting overall costs. According to DHI Group’s Hiring Indicators 2017 Report, retail industry had a time to fill average of 25 days. That’s 25 days of customers waiting for a specialist to repair their vehicle. Training Costs. Companies spend significant time and money training new hires to company standards and their way of conducting business. According to the NADA Study, the average training cost for dealership employees is $1200. These can spin upward to $10,000 per employee depending on their skill level and job according to CBTNews! Legal Fees & Fines. Companies may face lawsuits, regulatory fines, or settlements, which can be financially draining. OSHA fines and penalties are $16,500 per violation and $165,000 for willful violation. With nearly 40 years’ experience in workplace safety, I am confident that OSHA will find a code violation for serious accident, roping you into a regulatory morass of appeals, hearings and penalties. Trial lawyers are lurking in the waters too.  If they smell employer culpability that caused serious accident or harm, they will bypass the Workers Comp Judge under some novel theory and head to Superior Court. Equipment & Property Damage. Repairs and replacements for damaged tools, machinery, or infrastructure can be costly. Downtime for equipment can create backlog and loss of productivity. If a customer’s vehicle is damaged during the incident, associated cost may follow, such as providing a loaner until repairs are made. Increased Insurance Premiums. Insurance costs often rise after an accident, adding immediate and long-term financial strain to the dealer. Emotional & Psychological Impact. Accidents can lower morale, increase stress, and lead to long-term emotional effects on employees. Reputation Damage. A serious accident can hurt a company’s public image, making it harder to attract employees and even customers. Customers may demand buyback if a vehicle is damaged during an accident at the dealership. This is an excellent framework for understanding why proactive workplace safety measures are a financial necessity and not merely compliance. Preventative measures like rigorous safety training, regular equipment maintenance, and fostering a safety-conscious workplace culture can significantly reduce these risks. Companies that invest in safety upfront often find that their return on investment (ROI) outweighs the costs of handling accidents after they occur. DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice.   Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987.  Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997).  Our newsletters can be accessed at www.epaoshablog.com.  Your comments/questions are always welcome.  Please send them to sam@cellyservices.com.

New regulations require California Haz Waste generators to report critical waste related information to regulatory agencies including first responders.  The requirements are: Add Quick Reference Guide to annual CERS: CSI will complete on your behalf.Label hazards on hazardous waste containers: Your haz waste hauler will provide them.Provide 3 emergency response contacts: Complete attached doc. Email to us ASAP.

Introduction

The California Department of Toxic Substance Control (DTSC) has adopted the federal Generator Improvements Rule (GIR) to provide additional environmental protections and to gain swift access to critical facility information. Generally, the GIR applies to all businesses who generate hazardous waste, regardless of the waste quantity generated. GIR requires the submission of a Quick Reference Guide (QRG) that contains three emergency contacts, waste generated onsite, and facility maps with special requirements (Large Quantity Generators only).  See definitions on page 2.

California Environmental Reporting System (CERS) requires all businesses that handle hazardous materials in quantities equal to or greater than 55 gallons of liquids, 500 pounds of solids, or 200 cubic feet of gas at standard temperature and pressure or quantities of extremely hazardous substances above the threshold planning quantity to:

• Inventory their hazardous materials,
• Develop a site map,
• Develop an emergency plan,
• Implement a training program for employees, and
• Submit a CERS report annually.

The CERS annual report includes: Business owner/operator details, hazardous materials and waste inventory matrix, facility identification and operations overview, emergency communication phone number, notifications emergency containment, cleanup procedures, facility evaluation, and arrangement of emergency services, emergency equipment, earthquake vulnerability, employee training details and list of other attachments.  The attachments this year include the GIR.

GIR Hazardous Waste Labeling and Marking Requirement

Key GIR requirements for labeling and recordkeeping of hazardous waste tanks/containers are:

1. Generators must mark or label their tanks with an indication of the hazards of the contents.  Labels from DOT OR OSHA Haz-Com OR NFPA are acceptable.

Your waste hauler may provide warning labels for waste tanks.

Example of NFPA labels: Used Oil Placard:   Used Coolant Placard:

Some sources to buy NFPA labels: NFPA Used Oil Label Blank NFPA Diamond Label

• Generators must use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within the applicable time period of first entering the tank/container. Your waste haulers will provide labels highlighting dates of accumulation. Dealers must ensure hazardous waste is not stored past the applicable time period. Contact waste hauler if labels are missing or past the storage time limit.
• Generators must keep inventory logs or records on site and readily available for inspection. Pick-up receipts/manifests related to environmental matters must be kept in Black Box provided by Celly Services for ready access when the facility is inspected.

WHAT WE NEED FROM YOU RIGHT AWAY Names of three emergency coordinators and a 7-day/24-hour emergency telephone number. Please use the attached form to provide names and numbers for your dealership. Note on how to select emergency contacts for your facility. The contacts should: Have knowledge of the location and type of haz wastes and haz materials.Have managerial level decision making capability.Live relatively close by in order to respond to an after-hour emergency quickly.

Large Quantity Generator (LQG): “Generators of 1,000 kg or more of hazardous waste per calendar month (excluding universal wastes).” About a total of 300 gallons/month of used oil, used coolant etc. will place you above the 1,000 kg threshold. Small Quantity Generators generate less than 1,000 kg of hazardous waste/mo.

Ref: Frequently Asked Questions for the Adoption of Generator Improvements Rule (GIR) in California | Department of Toxic Substances Control

CERS Portal

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

COMPLETE THE FORM BELOW AND EMAIL TO SUPPORT@CELLYSERVICES.COM Facility Name ______________________________________________________________________________   Street Address _____________________________________________________________________________   City, State, Zip _____________________________________________________________________________   NOTE 1: How to select emergency contacts for your facility.  The contacts should: Have knowledge of the location and type of haz waste and haz material.Have managerial level decision making capabilityLive relatively close by to respond to an after-hour emergency quickly NOTE 2: Following guidance in Note 1 above, preferably select your Service Manager, Parts Manager, and General Manager.  For bigger stores or multiple dealerships select your Director of Fixed Operations. Facility Emergency Contacts: Primary Emergency Coordinator: Name: _____________________________________________________ Title: _____________________________________________________ 24/7 Emergency Phone Number: _____________________________________________________ Email: _____________________________________________________ Secondary Emergency Coordinator and phone number: Name: _____________________________________________________ Title: _____________________________________________________ 24/7 Emergency Phone Number: _____________________________________________________ Email: _____________________________________________________ Tertiary Emergency Coordinator and phone number: Name: _____________________________________________________ Title: _____________________________________________________ 24/7 Emergency Phone Number: _____________________________________________________ Email: _____________________________________________________ Important: Facility contacts must be updated within 30 days when there is a change. Email your Celly Services representative with the updated Facility Contact list.

IN THIS NEWSLETTER WE DISCUSS: 1.      Top 10 OSHA Citations for Automobile Dealerships 2.      Common Injuries at Automobile Dealerships 3.      Increases in OSHA Penalties

TOP 10 OSHA CITATIONS FOR AUTO DEALERS (OCTOBER 2023 – SEPTEMBER 2024)

	Citation	Infraction
1	Hazard Communication	Employers are required to provide a written Hazard Communication Program, label hazardous chemicals, provide a Safety Data Sheet for each chemical, and document employee training.
2	Power industrial trucks	The high number of fatalities associated with forklifts and high number of violations associated with powered industrial trucks tell us that many workers are not properly trained to safely drive potentially hazardous equipment. OSHA compliance requires training in these specific activities: forklift operations, loading and unloading, and vehicle maintenance. Evaluating each operator every three years is also mandatory.
3	OSH Act General Duty	Each employer: shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;shall comply with occupational safety and health standards promulgated under this Act.   Ref: OSHA’s General Duty Clause
4	Wiring methods, components, and equipment for general use	This regulation covers the general requirements for wiring methods, including the use of flexible cords and cables as permanent wiring. This also includes failure to remove nonconductive coatings from contact points (i.e. brake wash drums). These infractions can lead to serious electrical hazards, including electric shock, fire, and equipment damage. Ref: 29 CFR1910.305
5	Duty to have fall protection and falling object protection	Work-related fatalities due to slips, trips, and falls accounted for 865 fatalities in 2022. Any time a worker is at a height of 4 feet or more (in California the requirement is 30 inches or more), the worker is at risk and needs to be protected. Dealerships must protect employees working on 2nd floor of the parts department, especially while loading and unloading parts at the mezzanine edge.
6	Maintenance, safeguards, and operational features for exit routes	Auto dealers must ensure exit routes are free and unobstructed from materials at all times. All exit routes must be lighted and clearly marked with a sign reading “Exit.” Safeguards such as alarm systems, sprinkler systems, fire doors, and exit lights must be maintained and operational at all times.Ref: 29 CFR 1910.37
7	Respiratory Protection	Body shop employees need specific training both on written policies and on practices involving the use of respirators during auto refinishing operations. Training for respiratory protection, fit testing, user seal check, and respiratory cleaning procedures is mandatory, as is the OSHA Respirator Medical Evaluation Questionnaire. When an employee wears a respirator, information on proper usage, including limitations, must be provided even when it is not required under the regulation.
8	Abrasive wheel machinery	Moving machine parts have the potential to cause severe workplace injuries such as crushed fingers or hands, amputations, burns, or blindness. Safeguards, including anchoring machinery, are essential for protecting workers from these preventable injuries. Any machine part, function, or process that may cause injury must be safeguarded. When machine operation or accidental contact with the machine may injure the operator or others in the vicinity, hazards must be eliminated or controlled. Moving parts in automobiles, grinders, and brake lathes are all subject to this regulation.
9	Medical services and first aid	Auto dealers have inherent dangers associated with car repairs that can lead to negative health outcomes. Some minor, some major. This regulation requires employers to have adequate first aid kits for the worksite and access to medical facilities (clinic, hospitals, etc.) when warranted to reduce the negative health outcomes. Ref: 29 CFR 1910.151
10	Handling materials – general	Associated infractions for such citations include: obstructed aisles and passageways, insecure storage, poor housekeeping, lack of clearance signs, unprotected openings, and improper use of mechanical equipment. Ref: 29 CFR 1910.176

COMPLETE OSHA TRAINING ON THE WEB AT YOUR OWN PERIL OSHA has stated repeatedly and consistently in its training-related interpretation letters that online or computer-based training is acceptable as part of an overall training program that includes hands-on, site-specific information and work practices where it is needed to meet workplace safety goals.  Many online courses may not be legitimate. In many instances, the training company clearly states that the training does not meet any local, state, or federal standards. The awakening happens when OSHA audits the workplace and finds the employer lacking in hands-on, site-specific information and work practices.

COMMON INJURIES AT AUTOMOBILE DEALERSHIPS

• Burns: Hot engines, exhaust pipes, and welding equipment can cause burns. To prevent burns, you can provide heat-resistant gloves and clothing, require work boots, and be careful around hot surfaces. 
• Muscle sprains and strains: Working with heavy objects can overstretch or tear muscles and tendons. This can happen due to overuse, fatigue, or improper lifting technique. 
• Eye damage: Welding and grinding can expose mechanics to flying debris, sparks, and toxic chemicals. This can cause scratches, redness, irritation, and in severe cases, blindness.
• Falls: Falls from heights, slip and falls, and falls on uneven or slippery surfaces can occur.
• Getting caught in machinery: Hands or loose clothing can get caught in machinery.
• Repetitive motion injuries: Repetitive motion injuries can occur.
• Back injuries: Working at odd angles for long periods can lead to chronic back pain.
• Exposure to hazardous chemicals and materials: Solvents, asbestos, engine exhaust, welding fume, paint spray, cleaning products, and dust from sanding or abrasive blasting can be hazardous. 

OSHA PENALTIES*

Type of Violation	Penalty
Other-Than-Serious	$16,550 per violation
Serious	$16,550 violation
Failure to Abate	$16,550 per day beyond abatement date
Posting Requirements	$16,550 per violation
Willful or Repeated	$165,514 per violation

*Note: The penalties are automatically adjusted for inflation on an annual basis and based on the number of employees. Table above reflects penalty amounts as of 1/7/2025

Ref: Frequently Cited OSHA Standards NAICS Code 441DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com

Effective January 1, 2022, the hazardous waste generation and handling (GH) fee is imposed as a flat rate per ton or fraction of a ton on generators of hazardous waste for each generator site that generates five or more tons of hazardous waste at a site in California within a calendar year. 

What Changed: Before January 1, 2022, this was called Generator Fee. New legislation, Senate Bill 158, was written to simplify the fee structure and rename the fee to Hazardous Waste Generator & Handling fee. In the new fee structure, used oil that was earlier exempt from the fee was now subject to fee. With the omission of the line that took out exemption for used oil from fee structure, almost every auto dealer in the state of California became subject to the fee. Other wastes listed below were already subject to the fee and continue to do so.  Some dealers who were below the threshold of 5 tons (10,000 lbs) or roughly 1350 gallons of waste are now subject to the fee.

Hazardous wastes typically generated at an automobile dealership and subject to this fee are:

·   Recycled hazardous waste ·   Non-manifested universal waste ·   Waste sent outside California for disposal ·   Used motor oil (Except used oil collected from the public. See note below)

·  Waste coolant (CA code 134), ·  Oily water (CA Code 223), and ·   Waste paper filters (CA code 352 or 223) ·  Waste brake fluid ·   Contaminated fuel

If you are punching or crushing metal oil filters, under the Department of Toxic Substances Control (DTSC) guidelines you can dispose of them as scrap metal (through your hazardous waste hauler) and hence not be subject to this fee. If you decide to dispose of used metal oil filters as hazardous waste, those metal filters get added to your hazardous waste tonnage calculations. 

Don’t have a GH account?

The following should be completed to obtain a GH account number:

1. Log into your CDTFA account and select “Register a New Business Activity.”
2. Check off the box that says “. . . generates 5 or more tons of hazardous waste in a calendar year.”
3. Answer all the other required questions as prompted. You will need your EPA ID number and start date of waste generation (place January 1, 2021 if you have generated waste for longer than 3 years).
4. If you have any questions regarding the registration, please contact reps at CDTFA as follows: Thomas, Cathie Cathie.Thomas@cdtfa.ca.gov, Kevin McCarley Kevin.McCarley@cdtfa.ca.gov,
   Yatoba Godina Yatoba.Godina@cdtfa.ca.gov or 800-400-7115.

GH FEES & FEE RETURNS: HOW CALCULATED & WHEN DUE

The GH fee is calculated based on the total weight (measured in tons) of hazardous waste generated (produced or caused to be managed) from each site each calendar year. It is generally due regardless of the waste’s final disposition. Every generator that produces five tons or more of hazardous waste will pay the California Department of Toxic Substances Control (CDTFA) a GH Fee for each generator site for each calendar year, or portion thereof. Generators are required to report the amount of waste generated on a hazardous waste Generation and Handling Fee Return provided by CDTFA. Keep proper records to support tonnage of hazardous waste generated and handled at each site/location.

Don’t know your tonnage?

Please contact your dedicated waste hauler(s) to determine total tonnage. Once determined, please register online with CDTFA and complete the fee process. You are required to file your GH Fee Return electronically through the CDTFA online services. Maintain support documentation of fee completion for your records. Finally, we note that this is a tax/fee matter and you must consult your tax consultant on calculations and record retention requirements.

GH fee payments and GH fee returns are both due by February 28 each year. The fee is calculated based on waste generated in the prior calendar year. (HSC 25205.5).  All GH fees are due according to the schedule in the table below, along with the GH Fee rates in 2024-25 for hazardous waste generated in Calendar Year 2023.

Note 1: Beginning with FY 2024-25, the Board shall adjust the GH Fee for changes to the Consumer Price Index (CPI).

Note 2: Please contact your waste hauler(s) for technical guidance on conversion of gallons of waste to tons.
For example, 1 gallon of used oil is approximately 7.4 pounds. 10,000 gallons is 74,000 pounds. 2,000 pounds equals one ton.

74,000/2,000 = 37 tons.  In summary, 10,000 gallons of used motor oil weighs approximately 37 tons!
Note 3: GH Fees do not apply to used oil collected from the public by certified used oil collection centers.

Return Reporting Period	Report Based on Hazardous Waste Generated in Prior Reporting Period	Prepayment Due Date	Return & Final Payment Due Date
Fiscal Year 2024 – 2025 (July 1, 2024 – June 30, 2025)	Calendar Year 2023	November 30, 2024	February 28, 2025
Fiscal Year 2025 – 2026 (July 1, 2025 – June 30, 2026)	Calendar Year 2024	November 30, 2025	February 28, 2026
Fiscal Year 2026 – 2027 (July 1, 2026 – June 30, 2027)	Calendar Year 2025	November 30, 2026	February 28, 2027

Helpful Resources Online
California Department of Toxic Substances Control
CDTFA’s Hazardous Substances (Waste) Fee Guide
DTSC’s Manifest webpage
DTSC Fee Summary webpage
Law on Generation and Handling (GH) fee. Senate Bill 158; Stats. 2021, ch.73.
State of California December 2021 Notice. Hazardous Waste Generation and Handling Fee – Application of Fee, Payments, and New Rate Effective January 1, 2022
State of California August 2022 Special Notice on Filing requirements. L-863, Hazardous Waste Generation and Handling Fee Program Reminders and Online Filing Requirement).
State of California Guidance on the SB158 GH Fees. DTSC Generator Fee site.

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. We welcome your comments/questions. Please send them to sam@cellyservices.com. 

Background: Eye injuries in the workplace can have severe consequences, including permanent vision loss. According to the CDC, over 2,000 workers sustain job-related eye injuries daily, leading to significant downtime and economic loss. Implementing proper eye protection and eyewash stations is crucial to ensure safety and compliance with OSHA regulations. This memo outlines the requirements for eye protection and eyewash stations at our dealership and why they are critical.

The Law on Eye and Face Protection: Employees working in locations where there is a risk of receiving eye injuries such as punctures, abrasions, contusions, or burns as a result of contact with flying particles, hazardous substances, projections or injurious light rays which are inherent in the work or environment, shall be safeguarded by means of face or eye protection. Suitable screens or shields isolating the hazardous exposure may be considered adequate safeguarding for nearby employees. Note:  Anyone at risk of an eye injury needs protection!

Types of Eye Protection:  Employees are often exposed to hazards such as flying particles, chemical splashes, and intense light from welding operations. These hazards make appropriate eye protection necessary,

Safety Glasses	– Basic protection against flying objects and large particles. – Must meet ANSI Z87.1 standards. – Limitations include gaps allowing potential entry of chemicals and vapors.
Safety Goggles	– Provides basic protection of safety glasses but includes 360° coverage around the eyes with no gaps. – Additional protection to eyes against chemical splashes (i.e. battery explosion) but doesn’t provide protection to the face. – Ideal for use in scenarios involving battery handling and chemical exposure.
Face Shields	– Secondary protection, used in conjunction with safety glasses or goggles. – Essential for tasks involving splashing or spraying of hazardous materials. – Shouldn’t be used alone or in place of safety glasses/goggles.
Welding Goggles/Helmets	– Required for protection during welding activities. – Goggles: Used in OXYGEN torches when cutting or welding. Shade protection of 3 to 6 (depending on plate thickness) to EYES. –  Helmets: Used in GAS TUNGSTEN torches when welding. Shade protection of 7 to 10 (depending on arc current) to EYES and FACE.

Can I Wear Normal Prescription Lenses/Frames Instead? NO. Normal prescription lenses and frames DO NOT meet safety requirements, are not strong enough and haven’t been tested to ANSI Standards. Prescription Safety Glasses that meet ANSI standards [ANSI Z87-2+] or over-the-glasses safety glasses/goggles may be worn as substitute for safety glasses/goggles.

Eyewash Stations: Cal/OSHA requires eyewash stations (EWS) where employees may encounter corrosive chemicals and specifies requirements for eyewash stations, including accessibility and functionality criteria. Battery charging, battery filling, used battery storage, and use/dispensing of corrosive chemicals or irritants are processes that require the installation of an eyewash station. In general, Cal/OSHA refers to ANSI standards as the widely accepted guideline for the proper selection, installation, operation, and maintenance of emergency eyewash station equipment.  Note:  During routine inspections, remind employees to keep the area clear.

Does Parts Dept Need an Eyewash? YES. A big box warehouse store with multiple outlets in California was cited by Cal/OSHA for failure to have eyewash stations.  The employer appealed to Occupational Safety & Health Appeals Board (COSHAB) stating that the eyewash standard does not apply as the chemicals are merely unloaded, unboxed and placed on shelves in sealed containers by employees.  COSHAB held that the employees can be exposed to leaks and spills from packages damaged in transit and when employees unpack these cases.  Employees involved in cleanup in the warehouse where there is a spill have the potential of an eye injury from corrosive and irritating chemical, hence the requirement of an eyewash in the warehouse.  See OSHA Inspection 315340471. 

Eyewash Station (EWS) Selection: 

Water Temperature	-Tepid (60-100F).
Type	– Plumbed or Wall-mounted tank.-   Plumbed units are preferred where water lines are available and are generally better.
Flow	– Should wash both eyes at no more than 8” above the spray-head.-   Eyewash tester can be used to ensure these two requirements are met (Eyewash Tester).-   Flow needs to deliver at least 0.4 gallons of water/minute for 15 minutes.-   Flow pattern should be 33-55 inches from the floor.
Capacity	– Only applicable if using tank system: minimum capacity of 6 gallons.
Operation	– Can be operated hands-free with a stay-open valve that activates in under 1 second.
Covers	– Must have a cover that protects spray heads from airborne contaminants.-   Covers must move freely enough to be pushed open by the flow of water.

Eyewash Station (EWS) Location:

1	Within 10 seconds from the hazard (~55 ft).
2	On the same plane as the hazard.
3	Have a path that is unobstructed:·        In some instances, a free-swinging door with no handles may be allowed.·        If the chemical hazard is caustic (such as battery acid) the eyewash station needs to be available directly and not through a door.
Clearance	– At least 30 inches clearance on all sides from any obstruction: ▪   48 inches from back wall or nearest permanent obstruction. ▪   27 inches of knee clearance below the unit.
Identification	–  Must be in a well-lit area and include a highly visible sign. –  A “Do NOT BLOCK” parameter is highly recommended to ensure clearance.

EWS Maintenance, Cautions, and Common Misconceptions:

Inspect and perform weekly activations. A weekly maintenance/activation log needs to be maintained and 90-day flushes for wall-mounted units also need to be performed/documented.

–   Any valves on the supply line to plumbed units need to have their handles removed

–    Water hoses, sinks, faucets, showers, and eyewash bottles DO NOT comply with Cal/OSHA standards

–    Handheld Drench units support but do not replace a dedicated EWS

–    Single step into an enclosure where EWS can be accessed is not considered to be an obstruction

o   HOWEVER – this must also meet wheelchair accessibility requirements where applicable

–    PARTS department dealing with any chemicals that can cause Corrosion, Severe Irritation, or Permanent Tissue Damage (battery acid) also need a dedicated EWS

Conclusion:

Adhering to these guidelines for eye protection and eyewash stations is essential to safeguard your employees from potential eye injuries and ensure regulatory compliance. By implementing comprehensive safety measures, we can reduce the risk of injury and promote a safe working environment.

This newsletter does not cover all necessary elements of the standard.  We merely summarize some important elements.

Ref: CAL/OSHA: Title 8 CCR 5162, 3382     FED: 29 CFR 1910.151(c) ,133 (a) (1) ANSI: Z87-1, -2+, 358.1-2014

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers across the United States comply with EPA and OSHA regulations for over 38 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Many dealers think that safety inspection and correction of hazards constitute an effective safety program, or that compliance with OSHA regulations is an effective means to gauge safety. Nothing could be farther from the truth. In nearly forty years of experience with dealers in the safety arena, I have found these 6 principles to be the most effective means to reduce injuries at the workplace and effectively reduce premiums.

Get Management On Board. There is an old adage: The safety train is not leaving the station unless the top management is on board.  Management on the safety committee does not adjust the guards on the grinder. They are effective in delegating, allocating resources, and monitoring the progress of the tasks set out for line managers. The liability from a mishap and the increased premiums and costs will hit the manager’s paycheck more than anyone else’s. Keeping an eye out helps reduce liability and keeps cash in the till. The General Manager and senior management should be on the invite list for all safety meetings and must review all safety reports. Actively attending meetings  keeps you informed of compliance needs and status so you can monitor and delegate as necessary. If you can’t measure it, you can’t manage it!

Investigate Accidents and Take Corrective Actions. Einstein once said that doing the same thing over and over again and expecting different results is the definition of insanity.  Facilities have back injuries and they send employees to treatment, rehab, physical therapy etc. over and over again, but never investigate to find the root cause of the injury. In short, each accident must be thoroughly investigated and corrective actions taken. Get all departments involved. Lessons learned by one should be shared with other departments, which is even better since everyone is in one corporate setting. An accident investigation form is available on our portal and should be shared with all committee members. Last and not the least, accident investigation is a statutory requirement under the CA IIPP.

Case Management. Once an accident happens, focus on case management. Open the lines of communication with the claim handler at the insurance company, follow-up with the broker, and monitor the treatment to create an effective environment and keep claims under control. Ensuring that injured persons are receiving good medical treatment and assistance from the insurance company is one of the key ways of keeping cases out of the hands of lawyers. It is a forgone conclusion that once a case reaches lawyers, wrong or right, your case management expenses will escalate.

Safety Is Everyone’s Business. Everyone should be involved. This means from the porter to the president of the corporation. Safety should be percolating through the corporate culture at all times, and not merely something you do when you meet an outside consultant and review a memo or sign on a sheet of paper in exchange for a sheet of paper. At employee safety meetings, discuss near misses, accidents, training topics, and things that can raise everyone’s safety awareness and action antennas. . Do not create prejudice against the employee involved in an accident. Rather, discuss the causes and possible ways to eliminate such accidents in the future. Monthly safety topics are emailed by us to the management team.. Safety meetings also provide a great avenue for employees to participate and voice their concerns. Employees are often the ones who are most knowledgeable on safety matters.

Behavioral Change Takes Time. A scientific study published 45 years ago studied monkeys’ behavior when seeking a reward and getting a cold shower instead, In one experiment, 5 monkeys were put in a cage with a banana on top of a ladder. When one monkey went up the ladder, a cold shower came down on all the monkeys. Then a new monkey was put in the cage (replacing an existing monkey), and when this new monkey decided to go up the ladder, the other monkeys beat him up and prevented him from going for the banana.  This sequence was repeated until all five monkeys, who had never received a cold shower, were in the cage. When a new monkey (who had never been part of the experiment), was placed in cage and decided to go up the ladder, the other monkeys beat him up even though none had ever received the cold shower. Such is the experiment and thesis of “herd mentality.” So shepherding your troops to work in a safe manner takes time, direction, and the proverbial cold shower at times!

Hiring and Background Investigation. Conducting background checks for new applicants is considered one of the most efficient ways to weed out possible 3F (fraudulent, fictitious or frivolous) claims. A phone call for an investigation to the previous employer’s HR manager usually releases the same information as you give out: Not much. Background investigations should be conducted within limits established by law. The limits vary across states. Have the hiring department manager call his/her equivalent at the applicant’s previous employer. Acquaintances, past co-workers, and friends are likely to release more information than HR representatives with canned set of answers.

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers across the United States comply with EPA and OSHA regulations for over 38 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The proposition aims to protect the state’s drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about possible exposure to such chemicals.

In 2018, the signs and notifications were updated to include language that notified the public of chemical hazards they had the potential to get exposed to. We have received a few questions regarding the signs, their size and the posting requirements. Hence this newsletter. There are no new regulations. This newsletter is simply a review of the changes that took effect in 2018.

Businesses violating Proposition 65 are subject to the following penalties.

• Civil penalties: Up to $2,500 per day for each violation 
• Injunctive Relief: A court may order the business to stop the violation 
• Attorney’s fees: Plaintiffs who win lawsuits can get reimbursement for their attorneys’ fees 

Standard insurance policies typically do not cover civil penalties. Some policies such as directors’ and officers’ policies may provide coverage for Prop 65 violations.

Bounty Hunter Clause. Proposition 65 is enforced entirely through litigation. While California’s attorney general is vested with principal enforcement, Proposition 65 also allows any individual or organization “acting in public interest” to sue for violations. Such individuals or organizations can potentially collect attorney fees and 25% of any penalties assessed. There has been an uptick in the number of cases in recent years with settlements more than $40 million in 2023, up from about $26 million in the previous two years. The case to use your $300 sign kit is even stronger!

Warning Responsibilities for Manufacturers and Retailers. Manufacturers have primary responsibility for providing Proposition 65 warnings. Manufacturers have choices: put warning labels on their products; provide notices to their distributors, importers or retail outlets that a product may cause an exposure to a listed chemical that requires a warning; and/or provide warning signs and other warning materials. Manufacturers can also enter into written agreements with retailers to modify this allocation of responsibility provided the consumer receives a clear and reasonable warning before they are exposed to any Proposition 65 chemical. Retailers must confirm that they received the notice and must use the warning signs or other materials provided by the manufacturer.

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

We have listed information related to proposition 65 signs as they may apply to your facility. If you have any questions, please do not hesitate to contact us.

1. Label: Environmental Exposure Where to Post: All Public Entrances to Showroom. Size/Font: 72-font Language Warning: English and in any other language used on other signage at the facility.	5. Label: Vehicle Repair Facilities Where to Post: All public entrances to service department Size/Font: 32-font (enclosed in a box) Language Warning: English and in any other language used on other signage at the facility.
2. Label: Food Facilities Where to Post: Waiting areas or any other areas that sells/serves food Size/Font: 28-font 8.5”x11” Language Warning: English and in any other language used on other signage or menus provided at the facility.	6. Label: Service Stations & Gas Pumps Where to Post: Each gas pump Size/Font: 22-font (enclosed in a box) Language Warning: English and in any other language used on other signage at the facility.
3. Label: Smoking Area(s) Where to Post: Smoking area(s) Size/Font: 22-font 8.5”x11” Language Warning: English and in any other language used on other signage in the affected area.	7. Label: Occupational Exposure Where to Post: Employee break area(s) Size/Font: No font size required Language Warning: English and in any other language used on other signage at the break area.
4. Label: Vehicle Exposure Warnings Where to Post: Driver’s side window of all new and used passenger vehicles for sale Size/Font: No font size required but 12 font is recommended.	8. Label: Enclosed Parking Facilities Where to Post: All entrances to parking structures that have an enclosed ceiling Size/Font: 72-font Language Warning: English and if other permanent entrance signage is provided in any other language at the facility.
Language Warning: No foreign language requirement, but include warning labels on the vehicle in other languages if the vehicle has sale signs in other languages.	9.Label: Lead and Lead Compounds Where to Post: Parts Counter at front and back. Size/Font: 32-font Language Warning: English and in any other language used on other signage at the facility.

Disclaimer:  There is no warranty implied or direct or whatsoever as to the completeness or applicability of these signs presented here.  The dealership must use the Proposition 65 Handbook published by California New Car Dealers Association to stay compliant.  The new CNCDA Proposition 65 Handbook is available upon login in the CNCDA Publications.  Guidance on Proposition 65 from California Office of Environmental Health Hazard Assessment (OEHHA) is available at https://oehha.ca.gov/proposition-65 and must be reviewed to ensure compliance.

1.Environmental Exposure – All Public Entrances  WARNING: ENTERING THIS AREA CAN EXPOSE YOU TO BENZENE FROM AUTOMOBILE EXHAUST AND VEHICLE COMPONENT ADDITIVES. BENZENE IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. FOR MORE INFORMATION GO TO WWW.P65WARNINGS.CA.GOV

2. Food facilities– Waiting Areas or Any Location that sells/serves food WARNING: CERTAIN FOODS AND BEVERAGES SOLD OR SERVED HERE CAN EXPOSE YOU TO CHEMICALS INCLUDING ACRYLAMIDE IN MANY FRIED OR BAKED FOODS, AND MERCURY IN FISH, WHICH IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. FOR MORE INFORMATION GO TO WWW.P65WARNINGS.CA.GOV/RESTAURANT

3.Smoking Area  WARNING: BREATHING THE AIR IN THIS SMOKING AREA CAN EXPOSE YOU TO CHEMICALS INCLUDING TOBACCO SMOKE AND NICOTINE, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. DO NOT STAY IN THIS AREA LONGER THAN NECESSARY. FOR MORE INFORMATION GO TO www.p65warnings.ca.gov/places/designated-smoking-areas

4. Vehicle Exposure Warnings – All New and Used Passenger Vehicles for Sale  WARNING: OPERATING, SERVICING, AND MAINTAINING A PASSENGER VEHICLE OR OFF-ROAD VEHICLE CAN EXPOSE YOU TO CHEMICALS INCLUDING ENGINE EXAUHST, CARBON MONOXIDE, PTHALATES, AND LEAD, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. TO MINIMIZE EXPOSURE, AVOID BREATHING EXHAUST, DO NOT IDLE THE ENGINE EXCEPT AS NECESSARY, SERVICE YOUR VEHICLE IN A WELL-VENTILATED AREA AND WEAR GLOVES OR WASH YOUR HANDS FREQUENTLY WHEN SERVICING YOUR VEHICLE. FOR MORE INFORMATION GO TO www.p65warnings.ca.gov/products/passenger-vehicle

Consumer Product Warning:  The dealership must use the Proposition 65 warning signs provided by the product manufacturer for products being sold at the facility.  Signs for sales counter provided by the auto manufacturer must be used at parts counter as well.  Labeling of consumer products for sale pursuant to Prop 65 is not within the scope of this memo.  Similarly, any products requiring Prop 65 warnings being sold on the web must have warnings provided on the website.  Dealers may also choose to provide warning on their Repair Orders and customer invoices. Discuss the language with your systems provider.

5.Vehicle Repair Facilities– All Public Entrances to Service and Body Shop  WARNING: BREATHING THE AIR IN THIS AREA OR SKIN CONTACT WITH PETROLEUM PRODUCTS CAN EXPOSE YOU TO CHEMICALS INCLUDING BENZENE, MOTOR VEHICLE EXHAUST, AND CARBON MONOXIDE, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. DO NOT STAY IN THIS AREA LONGER THAN NECESSARY. FOR MORE INFORMATION GO TO www.p65warnings.ca.gov/places/vehicle-repair-facilities	6. Service Stations & Gas Pumps –Each Gas Pump WARNING: BREATHING THE AIR IN THIS AREA OR SKIN CONTACT WITH PETROLEUM PRODUCTS CAN EXPOSE YOU TO CHEMICALS INCLUDING BENZENE, MOTOR VEHICLE EXHAUST AND CARBON MONOXIDE, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. DO NOT STAY IN THIS AREA LONGER THAN NECESSARY. FOR MORE INFORMATION GO TO www.p65warnings.ca.gov/places/service-stations
7. Occupational Exposure – Employee Break Area(s) – No Size Requirement WARNING: ENTERING THIS AREA CAN EXPOSE YOU TO BENZENE FROM AUTOMOBILE EXHAUST AND VEHICLE COMPONENT ADDITIVES. BENZENE IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. FOR MORE INFORMATION GO TO WWW.P65WARNINGS.CA.GOV	8. Enclosed Parking Facilities – All Entrances to Parking Structures that have a Ceiling WARNING: BREATHING THE AIR IN THIS PARKING GARAGE CAN EXPOSE YOU TO CHEMICALS INCLUDING CARBON MONOXIDE AND GASOLINE OR DIESEL EXHAUST, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. DO NOT STAY IN THIS AREA LONGER THAN NECESSARY. FOR MORE INFORMATION GO TO www.p65warnings.ca.gov/places/enclosed-parking-facilities
9. Lead and Lead Compounds – Parts Counter at front and back. WARNING: Lead-acid batteries, battery posts, terminals, and related accessories can expose you to chemicals including lead and lead compounds, which are known to the State of California to cause cancer and birth defects or other reproductive harm. FOR MORE INFORMATION GO TO WWW.P65WARNINGS.CA.GOV

Disclaimer:  There is no warranty implied or direct or whatsoever as to the completeness or applicability of these signs presented here.  The dealership must use the Proposition 65 Handbook published by California New Car Dealers Association to stay compliant.  The new CNCDA Proposition 65 Handbook is available upon login in the CNCDA Publications section of website, www.cncda.org. Guidance on Proposition 65 from California Office of Environmental Health Hazard Assessment (OEHHA) is available at https://oehha.ca.gov/proposition-65 and must be reviewed to ensure compliance.

On July 23, 2024, the Occupational Safety and Health Standards Board approved the “Heat Illness Prevention in Indoor Places of Employment” (California Code of Regulations, Title 8, Section 3396). This standard establishes safety measures to prevent heat illness.

Where does Cal/OSHA’s Indoor Heat Illness Prevention (IHIPP) Statute apply? All indoor work areas where the temperature or heat index equals or exceeds 87 degrees Fahrenheit (F) when employees are present.  In workplaces where employees wear clothing (possible PPE) that restricts heat removal, the statute applies 82 degrees F. “Indoor” refers to a space that is under a ceiling or overhead covering and is enclosed along its entire perimeter by walls, doors, windows, dividers, or other physical barriers that restrict airflow. In automobile dealerships, most likely areas for this law to apply will be closed shops, parts warehouse etc..  Air-conditioned office and showroom space would be exempt. Temperature & Heat Index:  Temperature can be measured by a thermometer.  Heat Index is calculated based upon temperature and humidity.  In high humidity, sweat does not evaporate creating a dangerous condition for workers.  Heat index calculations require an instrument to read the humidity.  The humidity and the temperature reading are placed on the US Govt. chart on page 2 of this Newsletter and the heat index is calculated.  For example, if the temperature is 84F and the humidity is 70%, the Heat Index is 90 and hence the IHIPP kicks in.  This is above the action level of 87F as listed in para above, employer is now required to document actions as listed below. EMPLOYER ACTIONSMEASURE & KEEP RECORD of the greater of measured temperature and the calculated heat index as temperatures begin rising toward 80°F. Use the log attached. PROVIDE BREAK ROOM/COOL DOWN AREA:  The break room AC must operate below 82°F.  Cool, potable water is required when the temperature or heat index reaches 87°F indoors. TRAIN all supervisory and non- supervisory employees on Heat Illness Prevention.  Find the training memo on the Elearn portal. CA Title 8 CCR 3395 (h)INCLUDE WRITTEN PROCEDURES for Indoor Heat Illness Prevention in the Heat Illness Prevention Plan (HIPP), Injury and Illness Prevention Plan (IIPP), or maintain separately.  The HIPP is available on the CSI Elearn platform under EHS documents.

Note: Cal/OSHA’s outdoor heat illness prevention program at Title 8, Section 3395 has been in effect since 2015.

HEAT INDEX. Heat index is a measure of heat stress that combines relative humidity with air temperature to capture what the temperature feels like to the human body. When the body gets too hot, it begins to sweat to cool itself off.  If the sweat can’t evaporate, the body can’t regulate its temperature. High humidity limits sweat evaporation and prevents effective cooling of the body.

Maintain the Log

1.  Measure the temperature and humidity. Calculate the heat index. RECORD WHICHEVER IS GREATER on the log attached (when > 82°F).Use a shop thermometer to measure temperature in conjunction with an instrument called hygrometer to measure humidity to get the heat index. Alternately, buy an instrument that includes both temperature and humidity (ex: https://buythermopro.com/product/tp53/).

2.   Go to the National Oceanic and Atmospheric Administration (NOAA) website to calculate the heat index (https://www.wpc.ncep.noaa.gov/html/heatindex.shtml) or use the table below.

For example, the indoor thermometer reads 88°F and the hygrometer reads 75%. This means the heat index is 103 (from the NOAA heat index website or the table below). Simply put, it feels hotter due to the high humidity and this, the heat index, is the relevant measure to record.  Because 103 > 88°F, 103 should be recorded in the attached log. NOTE: Maximum temperatures are typically between 1PM and 5PM.

COMPARISON of INDOOR and OUTDOOR HEAT ILLNESS PREVENTION STANDARDS

Requirement	Outdoor Heat (T8CCR 3395)	Indoor Heat (T8CCR 3396)
Scope and Application	Applies to outdoor workplaces	·  Applies to indoor workplaces when the indoor temperature is greater than 82°F.·  The heat index should be used to measure this temperature as it incorporates relative humidity to show how hot it feels to the human body.
Provide Clean Drinking Water	· Provide access to potable water that is fresh, suitably cool, and free of charge. Located as close as possible to work areas.	· Provide access to potable water that is fresh, suitably cool, and free of charge.·     Located as close as possible to work areas and cool-down areas.
Access to Shade and Cool-Down Areas	·For outdoor workplaces, shade must be present when temperatures are greater than 80°F. When temperatures are less than 80°F, shade must be available upon request.·     For indoor workplaces, provide access to at least one cool-down area, such as a break room, which must be kept at a temperature below 82°F using AC or other cooling methods.·     Shade and cool-down areas must be : Blocked from direct sunlight . Large enough to accommodate the number of workers on rest breaks so they can sit comfortably without touching each other. Close as possible to the work areas. For indoor workplaces, the cool-down areas must be kept at less than 82°F and shielded from other high-radiant heat sources.
Cool-Down Rest Periods	· Encourage workers to take preventative cool-down rest periods.·     Allow workers who ask for a cool-down rest period to take one.·     Monitor workers taking such rest periods for symptoms of heat-related illness.
High-Heat Procedures	·  Have and implement procedures to deal with heat when the temperature equals or exceeds 95°F.·    Procedures must include:·    Observing and communicating effectively with workers.·    Reminding workers to drink water and take cool-down rest breaks.	· Not applicable to Indoor Workplaces.
Assessment and Control Measures	· Not applicable to Outdoor Workplaces.	· As temperatures rise above 80F, measure indoor temperature and humidity. Calculate the heat index. If the temperature or heat index is at or above 87F, record whichever is greater of the temperature and heat index on the log attached.  Statute requirements kick-in.·     (For workers in high-radiant-heat areas, or wear clothing that restricts heat removal, the temperature or heat index must be recorded when either reaches 82°F).·     Implement control measures to keep workers safe. Feasible engineering controls must be implemented first.
Monitoring the Weather	Monitor outdoor temperature and ensure that once the temperature exceeds 80°F, shade structures will be opened and made available to the workers. When it is at least 95°F, implement high-heat procedures. Supervisors can use the OSHA-NIOSH heat index tool to quickly check heat index (outdoor).Train supervisors on how to check weather reports and how to respond to weather advisories.	· For indoor workplaces that are affected by outdoor temperatures, train supervisors on how to check weather reports and how to respond to hot weather advisories.·     Train supervisors on how to measure temperature and humidity and calculate the heat index.
Emergency Response Procedures	· Provide first aid or emergency response to any workers showing heat illness signs or symptoms, including contacting emergency medical services.
Acclimatization	·  Closely observe new workers and newly assigned workers working in hot areas during a 14-day acclimatization period, as well as all workers working during a heat wave.
Training	·   Employers must provide training to all employees—supervisory and non-supervisory.
Heat Illness Prevention Plan	·  Establish, implement, and maintain an effective written Outdoor Heat Illness Prevention Plan that includes procedures for providing drinking water, shade, preventative rest periods, close observation during acclimatization, high-heat procedures, training, prompt emergency response.	·  Establish, implement, and maintain an effective written Indoor Heat Illness Prevention Plan that includes procedures for providing drinking water, cool-down areas, preventative rest periods, close observation during acclimatization, assessment and measurement of heat, training, prompt emergency response, and feasible control measures.

TIPS TO BEAT THE HEAT

Ice Machines	Get an ice machine for the employees in the employee lunchroom.
AC Break Rooms	Ensure the air conditioning in the employee break room is running full tilt. Go and test it with a thermometer.
Cool Drinking Water	Ensure cool drinkable water is available. Augment with electrolyte rich drinks like Gatorade upon request.
Swamp Cooler + Fans	Provide swamp coolers in the shop area. Ensure all employees get a blast. Humid zones may need forced draft fans…see Big Ass Fans.
Neck Gaiters	Provide neck gaiters to each employee at no cost. Cost is between $5-10 at Amazon. Show them how to use it it’s easy. Golfers, construction and highway workers have been using it for a while.
Ice Vests	Provide an option for outdoor employees to wear an ice vest. The vest is thrown in the freezer for a few hours then one round the waist like a bulletproof vest. Cost $49.99. Your staff walking outside in 100-degree heat will love you.
Employee Training	Provide training to all employees regarding the signs and symptoms of, causes, first aid, and emergency responses to various heat illnesses.
Management Guidance	Management and all employees must understand the signs and symptoms of, and first aid and emergency responses to heat illness. OSHA provides this guidance for employers knowing that an MD is generally not available on site to diagnose, treat, or respond to heat related illness.  https://www.cdc.gov/niosh/topics/heatstress/heatapp.html
Posters	Post this poster in employee breakrooms and near the receptionist.
Thermometer	Place a big thermometer (patio thermometer size) in the indoor area for all to see.

References

California Code of Regulations, Title 8, Section 3396

California Code of Regulations, Title 8, Section 3395

https://www.dir.ca.gov/dosh/HeatIllnessInfo.html

https://www.dir.ca.gov/dosh/heat-illness/indoor-faq.html

https://www.weather.gov/ama/heatindex
https://www.cdc.gov/niosh/topics/heatstress/heatapp.html for the OSHA-NIOSH Heat Safety tool for mobile phones to estimate “Feels Like” temperature

In this newsletter, we discuss:– 1.OSHA Citations and Appeals.            2.Defense: Elements of Independent Employee Act Defense for employers to seek relief from citations and penalties (1977 Mercury Case).            3.Elements of California Illness & Injury Prevention Program (IIPP) California Code of Regulations.

Case. An employee is seriously injured on the job and the employer calls OSHA as part of notification requirements. OSHA investigates and slaps a $12,000 fine against the employer. The employee had partially amputated a finger while diagnosing the engine on an automobile. This happened to an auto dealer in Los Angeles. What may the employer do?

File an appeal to the California OSHA Board (“OSHAB”) using the OSHAB Appeal Form within 15 working days from receipt of a citation to avoid automatic dismissal. If an appeal is filed after this time, the appeals board may accept it only upon showing good cause for the late filing. “Good cause” generally means circumstances beyond one’s control that could not have been reasonably anticipated. The appeal form lists multiple grounds and defenses.

Independent Employee Act Defense. In their defense, the employer in the case above pled that the act that had caused the injury was an independent act of the employee and hence the employer should not be held liable. (Ref.: Mercury Service, Inc. Docket No, 77-R4D1-1133).  This case is decades old. We bring this to your attention because many employers do not have an enforcement policy for employees violating safety rules or policies. Furthermore, many violations by employees go undocumented. A write-up on a safety violation places the employee and coworkers on notice about the safety policy and acceptable safety procedures at the facility.  Repeat violators can expect management to escalate enforcement.
Enforcement and documentation improve your safety record and defends you, should a “serious”  injury occur on your premises.

In order to prevail on this affirmative defense, which must be pleaded on the appeal to the OSHAB (https://www.dir.ca.gov/oshab/oshab.html) immediately following the citation, an employer in California must prove and prevail on all five of the following elements:

1.  Employee was Trained and Experienced on the Job Being Performed. In the case at hand, the employee was a diagnostic specialist on automobiles and the employer presented 79 training certifications from the automobile manufacturer out of which 30 were on engine diagnostic and performance checks. Training certification from a nationally recognized body was also presented. OSHAB accepted the employers’ claim on this issue. Interestingly, OSHAB looked at all the safety training completed by the technician. CSI’s advice is to keep your monthly safety training accessible to all employees and keep records of all training.

Employer Has a Well Devised Safety Program. Employer must prove that a well-devised safety program is in effect, and that it includes employee training for their job assignment. The employer presented its IIPP, and the training based on the service manual from the automobile manufacturer relevant to the service operations being done when the injury occurred. OSHAB also accepted this element of the defense. Elements of the IIPP are:

ResponsibilityComplianceCommunicationHazard Assessment

Accident/Exposure InvestigationHazard CorrectionTraining and InstructionRecordkeeping

2.  Policy of Sanctions Against Employees Violating Safety Program. Employer must have a written policy of sanctions against employees violating safety rules or involved in unsafe acts. The employer stated that one had never been required as injuries were virtually non-existent, and one was never deemed necessary. The employer lost on this ground as no policy existed.

3.  Employer Effectively Enforces the Safety Program. Employer must implement the written disciplinary policy. An occasional write-up of an employee violating safety rules helps satisfy this element. Examples include employees not wearing safety glasses when working on an automobile or not wearing a seat belt when operating a forklift. In the case at hand, OSHAB held that the enforcement element of the safety program had “no teeth” and that safe practices had not been enforced. The employer lost on this ground as no earlier enforcement or disciplinary action had been documented, and the citation stood.

4.   Employee Caused the Safety Infraction Which He or She Knew was Contra to Employer’s Safety Requirement. Employer must prove that the employee had knowledge of this safety requirement, violation of which caused the injury. An example is that the employee knows the temperature and pressure inside a container. A gauge showing temperature and pressure inside a vessel indicates to the employee the existing temperature and pressure; hence the employee is deemed to have knowledge. The employer pled that the safety rules, acknowledged and signed by the employee, were available. Also, the shop manual for servicing automobiles and that technicians reference repeatedly outlined safety procedures including relevant safety issues.

Successful Safety Enforcement Examples

• Employee Drops an Automobile Off a Hoist. Employer terminated the employee for damage caused to the truck. We argued that a truck falling off a hoist is a seriously unsafe act and hence employers’ safety enforcement is viable and operational.
• Employee Gets a DUI. Employee was terminated following a DUI. Employer pled that requiring employees to be free of a DUI violation was an enforcement mechanism to enhance safety.
• Employees Not Wearing Safety Glasses. Employer was enforcing safety glasses policy by writing-up employees who were working on autos in the shop policy without eye protection.

In the case at hand, where the employee amputated part of his finger, the employer lost the appeal for not having a policy and not enforcing sanctions against employees behaving in an unsafe manner. Merely having a written policy without a Write-Up is not sufficient. A written IIPP where the facility is inspected on a periodic basis and hazards corrected is not enough. Furthermore, the policies should be enforced consistently and without discrimination. A safety counseling form is available on our eLearn platform. Since disciplining employees is a labor law issue, the advice of qualified counsel must be obtained.

Other States. The case law cited above is specific to California and does not carry weight in federal jurisdiction or other states. Employers elsewhere may ask the tribunal to consider the Mercury case cited above as persuasive.

DISCLAIMER:The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 38 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997).

Your comments/questions are always welcome. Please send them to sam@cellyservices.com.

Resources
CSI newsletters may be accessed at www.epaoshablog.com[OSHAB%20Appeal%20Form]OSHAB Appeal Form at https://www.dir.ca.gov/oshab/appealform.pdf[OSHAB] OSHAB at https://www.dir.ca.gov/oshab/oshab.html
IIPP California Code of Regulations at www.dir.ca.gov/title8/3203.html
Cited Mercury Case at https://www.dir.ca.gov/oshab/Decisions/Precedential/77-1133-Mercury-Service-DAR.pdf

The black box is made available to you to retain EPA and OSHA related paperwork so that is readily available in the event of a regulatory agency audit. Since the inspector arrives with no notice, having EPA/OSHA related records readily accessible can make the audit go smoothly and quickly. Additional benefits keeping the paperwork organized and handy are:

• Tangible evidence of the organization being committed to EHS. Inspectors are usually accommodating for facilities with immaculate recordkeeping.
• Faster audits when CSI consultants visit to audit your EHS compliance.
• Ease in calculating and paying taxes on hazardous waste generated.
• Calculate reimbursement for used oil from haulers (if any).
• Calculate and file used oil claim (only state of CA).
• Dealerships have turnover. Box provides incoming manager with records.

EPA DOCUMENTATION (Yellow folders)

EPA requires hazardous waste disposal paperwork to be maintained for all hazardous wastes. These should be filed in the yellow folders as marked. Yellow folders have instructions related to the specific disposal paperwork requirements for each of the following streams:

• Used Oil
• Used Oil Filters
• Used Antifreeze
• Cleaning Solvents (parts washer)
• Used Batteries
• Clarifier Sludge
• Used Tires
• Universal Wastes

Other environmental related paperwork is as follows:

• Storage Tanks
• Fees and Permits
• Air Pollution
• Hazardous Waste Management & Manifest Procedures
• DOT Shipping & Receiving (Certificates)
• California Environmental Reporting System

NOTE: All hazardous waste disposal documents must be retained in files for 3 years. Certain wastes need a Uniform Hazardous Waste Manifest for disposal. You must follow proper procedures for completion of manifests. The Business Office maintains the paperwork only from an accounts payable standpoint–dollars to pay or dollars to receive.

Accurate and complete disposal paperwork is to be maintained by the Service Manager or his/her designee, and ensure:

• All wastes are being disposed of via authorized haulers; and
• Paperwork as required by the EPA is being maintained.

Tank File Must Retain:

1. Tank Inspection Logs for the last three years.
2. Spill Prevention Containment & Countermeasures Plan (SPCC).
3. Waste tank assessments from a Professional Engineer.

Note: SPCC and tank assessment reports must be renewed every 5 years.

Examples of Fees & Permits File Retained in file are:

1. Air compressors
2. Hoists (City of LA only)
3. Elevators (Human & freight)
4. Tire Program ID (TPID) number
5. EPA ID number
6. Environmental Verification Questionnaire (EVQ)

Note: EPA ID number and the TPID number should be posted on the notice board.

CERS File:  Copy of annual submission of CERS.

OSHA DOCUMENTATION (Red folders)

OSHA requires each facility to maintain documentation of all compliance activities. Organize and Retain documents in the following folders for ease of retrieval.

• Safety Inspections
• Safety Committee Meeting Minutes
• Employee Safety Training Records
• Accident Investigation
• Safety Counseling
• Miscellaneous
• Safety Topics (monthly)
• Safety Data Sheets (SDS)
• Newsletters
• Hazard Assessments

Note:  Safety Inspections and SDS for the facility may be retained on the web portal. Accident investigation and safety counseling documents for the facility/corporation may be retained by HR.

“Miscellaneous” is the mother of all folders. If you get something in the mail or email and need to discuss with CSI rep, save it for the next visit. If the matter cannot wait, email a copy to your rep. SDS for newly added chemicals can be saved in the file or emailed to Celly Services, Inc. for posting on the portal.

QUESTIONS:  If you need to have any questions regarding the Black Box or any other EHS matters, contact sam@cellyervices.com for guidance.

Black Box: In science, computing, and engineering, a black box is a device, system, or object which produces useful information without revealing any information about its internal workings.

DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas, and Virginia comply with EPA and OSHA regulations for over 35 years. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.