Fines and Penalties on the Rise from Government Agencies, July 2011

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Inspections and penalties from regulating agencies is nothing new.  However, these agencies that were once code enforcers, protecting the lives of employees or saving the environment look more like revenue generators for the government.  Other factors may be at work too.  The politicians are in cost cutting mode and in that bargain they may slash budget for agencies or eliminate them altogether.  With greater enforcement and fine collection, the agencies remain in forefront in minds of both the public and politicians alike.

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Grinder Safety, July 2011

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Background:  Shop or bench grinders are commonly used in automotive shop areas.  Violations with OSHA standards in operation of these grinders are very common.  Typically, these violations are rated serious and could easily be assessed as “willful & serious” i.e., the employer should have knowledge of this very common shop equipment.  Repeat violations can really mount up.  Fed-OSHA records from October 2006 thru September 2007 indicate that in the Manufacturing Industry grinders accounted for 974 citations with an average penalty of $354.  It was the 9th most cited violation.  Recently an auto service shop has been assessed a 75K penalty and this causes us to visit the safety issues related to abrasive wheel grinders.

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Spill Prevention, November 2010

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Yes, things really hit the fan at BP early that morning when compressed natural gas escaping from a leaking well, far below the sea surface, entered the ventilation system of the rig and led to an explosion.  What resulted was a spill of epic proportions.  About 4.9 million barrels of oil was released into the Gulf waters.  After all the finger pointing is over and legal issues have taken their course and fines and restitutions delivered, one question will remain.  Was there a culture at BP that placed safety and compliance on the back burner?  Here lies a management lesson for all.

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Compensation Pamphlets, September 2010

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From October 8, 2010, California employers must provide certain updated documents to employees related to Workers’ Compensation.  California has approved amended regulations governing the basic workers’ compensation notice materials that employers must use to inform employees of their rights and obligations under California workers’ compensation law. The revisions are as follows: Continue reading

South Coast AQMD Regulations Ruled, December 2009

Download Available: South Coast Air Quality Management District Regulations effecting Bodyshops Effective January 1, 2010

South Coast Air Quality Management District is the regulating agency for air quality in the Los Angeles, Orange, Riverside, and the non-desert portions of the San Bernardino County in Southern California.  The agency has enacted new rules that apply to body shops regarding system maintenance and documentation.  The Rule also covers NOx emissions limits for older (pre-1986) dryers, ovens and afterburners that are located at a collision center paint booth and related equipment.

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Used Oil Center and Wheel Weights, December 2009

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USED OIL RECYCLING CENTER:  The state has enacted changes to the Use oil Recycling Program effective January 1, 2010 The changes that the bill creates for Certified Collection Centers (CCC) comprises of two different elements.  First the bill changes the fee collection and the recycling incentive payment schedule.  Secondly, the bill places certain changes to the Health & Safety Code requiring testing of used oil that is shipped out of state.  Key elements of the bill are as follows Continue reading

So, You Got Cited By OSHA, February 2009

 

Following an inspection by an OSHA inspector, citations may be issued that carry penalties and fines.  At times, OSHA may forward the case to the local prosecutor if the case involves labor code violations that are tantamount to a crime.  In this Newsletter, we discuss some of the procedural issues that you need to undertake when you receive the citation.  Legal advice must be sought in high stakes cases especially where the local prosecutor is involved!

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