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