Hexane Shexane, July 2002

Recently, newsletters have been circulating to auto industries highlighting the toxic effects of hexane, a chemical commonly found in brake cleaners.  The toxic effects such as peripheral neuropathy (damage to nerves) from exposure to n-hexane have been known for over two decades.  The safe exposure limits for hexane specified by governmental agencies has also been 50 ppm for a while.

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Investigate Accidents, Log 300, Workers’ Compensation, etc., April 2002

Investigate Accidents:  Save Money & Fight Fraud

A prompt, accurate and thoughtful accident investigation can, simply stated, save money and fight fraud.  First, it is state law that mandates that an employer investigate each accident and take corrective measures to prevent repetition of accidents.  Secondly, a written investigation report can be reviewed by senior management or the safety committee to undertake steps that would prevent such accidents in the future.  Last and not the least, such reports can be useful ammo in fighting the 3F–Fictitious, Fraudulent or Frivolous claims.  In summary, as an employer, it is your duty to provide a safe workplace and also to ensure that any worker’s compensation claim is legitimate and preventable in the future.

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Workers’ Compensation, Proposition 65, Log 200, etc., August 2001

What’s Up 40%?

You think it’s your energy bills, wish it was your sales, but actually, it is your workers’ compensation insurance!  Last year workers’ compensation premiums increased about 40% and this year it is expected to be up 30%.  California amended its workers’ compensation law in 1995 to provide a more competitive field for insurance companies, thereby reducing the premiums for employers.  In 1995, the law that required employers to pay workers’ compensation insurance was modified to an open rating system from a rate fixed by the state.  The 1995 regulations sparked a price war amongst insurance companies much to the delight of employers. However, the premiums that went down about 50% in the year following the deregulation are up about 8% from the pre-deregulation days.

Insurance companies have reportedly increased the premiums to cover up their losses.  Last year they lost about $3 billion in California alone.  To make matters worse, some of them went belly-up or left the business in the state to minimize their exposure. For example, the second largest writer of workers’ compensation insurance in California, Fremont General Corp., is now under voluntary state supervision for its poor financial condition.  Another reason was that when the stock market headed south, many insurance companies that had their fortunes tied up in the market got pummeled.

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Tires, Money, Rules, etc., April 2001

Tires – Keep on Trucking

Late last year, the California legislature made significant changes to the California Tire Fee and used tire management programs.  These issues were dealt in detail in our November 2000 newsletter.  As part of the law enacted in late 2000, the regulating agency, California Integrated Waste Management Board (CIWMB) has developed new forms for dealers to report used tires generated at their facility.

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Fluorescent Lamps, Tire Fees, SCAQMD Requirements, etc., November 2000

Bright Idea?

You cannot dump your fluorescent lamps into the dumpster any more!  The US EPA has made changes to waste rules applying to spent mercury-containing light bulbs that requires recycling of these lamps and prohibit landfill disposal.

The rule has been adopted to reduce the disposal of mercury containing wastes into landfills.  Mercury is a toxic pollutant that accumulates in our body, especially for children who are at a high risk as they absorb more mercury as a percentage of their body weight.  Examples of wastes that are being regulated under this new rule are fluorescent, high-intensity discharge, neon, mercury vapor, high pressure sodium, metal halide, thermostat (with metallic mercury in an ampoule), batteries (non-automotive), and lamp ballasts.

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Hazmat Manifest, Forklift Training, Injuries and Fatalities Reports, etc., July 2000

Bye-Bye Manifest

California hazardous waste disposal documentation laws have been simplified.  Now disposal of waste antifreeze, oil/water separator sludge (500 gallon per 30-day period) and parts cleaning solvent (both petroleum-based and water-based) do not require the completion of a manifest.  The manifest is a six-page, multi-colored State of California document that needed to be completed for disposal of any hazardous waste unless exempted.

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Limited Use of Cleaner Aerosols, Underground Storage Tanks Law, Used Tire Fees, etc., February 2000

SCAQMD Rules Limiting Use of Cleaner Aerosols

On October 8, 1999, SCAQMD amended its Rule 1171 to limit aerosols used for cleaning purposes in the shop area to 160 oz.(about 10-11 cans) per day per facility regardless of the facility size. SCAQMD considers cleaners subject to the 160 oz. limit to be any aerosol with more than 50 g/L of volatile organic compounds (VOC’s).  By definition, aerosols with less than 50 g/l of VOC are exempt from all provisions of the rule and do not trigger the 160oz. per day limit.  And so are 100% acetone based cleaners as acetone is a compliant chemical not subject to VOC requirements.

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Civil & Criminal Penalties, First-Aid, Penalties, etc., November 1999

Civil & Criminal Penalties Increased for OSHA Violations

On October 5, 1999, Governor Davis signed into law a bill which increases the civil and criminal penalties for willful, serious and repeat violations of occupational safety and health (Cal-OSHA) standards.  The law goes into effect on January 1, 2000, which gives the district attorneys more flexibility to prosecute as either a misdemeanor or a felony, willful violations of safety standards which result in a death or permanent/prolonged impairment.

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Wastewater Disposal, Respiratory Protection Program, Forklift Operator Training, etc., May 1999

Wastewater Disposal

A number of auto dealers in Orange County, California are involved in a lawsuit over improper disposal of wastewater to storm drains.  A company that previously was involved in cleaning the shop floors at some of these dealerships has filed the lawsuit.  While the legal theories being used in the lawsuit are complex, the objective of this article is to reinforce proper wastewater disposal procedures for the dealerships.

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Lawsuit Over Wash Water Discharge, March 1999

A few weeks ago auto dealers in Orange County received a summons from Superior Court regarding improper wastewater disposal of wash water from pressure washing and steam cleaning to storm drains.  This newsletter summarizes the issues involved and the steps the dealers must take to ensure environmental compliance.  The legal remedy to the summons, though, is best handled by contacting the dealership’s insurance carrier.  Typically, the insurance carrier will appoint counsel to represent the dealership.  To ensure continued environmental compliance, the dealership must ensure proper disposal of wastewater from the shop area.

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