| 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.
| 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
Celly Services Inc. 