COVID-19 is the disease caused by the highly contagious severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”) previously called the “novel coronavirus” (World Health Organization).  The virus and COVID-19 present serious public health risks. Local and state governments in almost all states have requested the shutdown of non-essential retail services.  Many dealerships are keeping their service departments open as part of government recognized “essential service.”

The purpose of this memo is to educate dealership staff to assist in minimizing exposure to the virus and reduce the spread of the disease. We provide this guidance to you for distribution to your management and staff to take proactive steps to help minimize the exposure to the virus.  This Covid-19 viral disease is new to all of us. The information you read below may be contradicted in the coming days by advanced knowledge as scientists continue to study the virus.  We have reviewed information from government web sites to prepare this memo and recommend that you review information from websites such as www.cdc.gov daily.  This memo is not exhaustive.  Many advanced ways of protection are available for employees.  For example, a fully enclosed body suit with N95 respirator provides greater protection than the PPE currently used in a typical automobile dealership.  

Overview

COVID-19 is a highly contagious, severe acute respiratory syndrome caused by SARS-CoV-2 virusWith high degree of morbidity and fatality compared to seasonal fluSpreads easily and can spread by asymptomatic carriersLocal, State, and Federal governments have shut down non-essential servicesThe CDC recommends distancing of at least six feetThe CDC recommends that all wear cloth face coverings in public settingsView and display this ‘Stop the Spread of Germs’ poster at multiple locations on siteUse the COVID-19 screening tool built by the CDC + FEMA – available in the App StoreInform your HR Manager if you have any symptoms.  Follow guidance decisively.Stability of SARS-CoV-2:  Information from the National Institute of Health suggests that the virus is very stable and hence contagious.  The virus can live up to 3 hours in an aerosol form, 4 hours on copper surfaces, 24 hours on cardboard, and 2-3 days on plastic and stainless steel https://www.nih.gov/news-events/news-releases/new-coronavirus-stable-hours-surfaces

https://www.cdc.gov/coronavirus/2019-ncov/downloads/stop-the-spread-of-germs.pdf

Management

• Implement a clear and simple HR policy prepared by legal counsel
• Stagger work hours + breaks for all staff (both advisors and techs) to improve social distancing
• Ask HR to manage employee work schedules
• Stagger service appointments and car-pick ups
• Consider non-contact (early bird) kiosk for service drive
• Add a line to the repair estimate for customer approval for vehicle sanitation
• Provide single-use pens for customers to complete paperwork
• Shut down car wash to keep exposure minimal
• Install plexiglass screens to protect employees at customer interface (advisor/cashier/parts counter)
• Close the write-up area to customers or maintain at least six feet distance.  Place signs in the drive that require customers to wait for the advisor to come to the car for a write up.  This will prevent customer accumulation in the advisor area and maintain necessary distance among advisors and between advisors and customers. Do not allow test drives with customers.
• Ensure HVAC systems operate continually during work hours and annual maintenance is documented.  Shop ventilation systems for removal of exhaust must have airflow verified per local regulations.

Organize to Ensure Social Distancing of At Least Six Feet

• Limit access to lunchroom. Ensure display of CDC & OSHA COVID-19 posters.
• May eat at workstations maintaining safe distance and no potential chemical exposure
• Shut down dealer-operated shared transport
• Post notice at entrance:

1. Do not enter if you have cough, fever or other COVID-19 symptoms
2. Maintain at least 6-feet distance from one another

3. Cough into your elbow

4. No physical contact (e.g., handshakes, hugs)

• Monitor Entrance.  An employee must monitor entry and the common areas. 
• Limit Entrance: Stop visitors outside when facility reaches the capacity that can support 6 foot distancing
• Provide individually packed face covering to customers at no cost and require it be worn. In certain jurisdictions, face covering is mandatory, and it protects us all.
• Use customer lounge/waiting area only if 6-foot distancing is available
• Mandate single person use of elevators
• Post sign: “We have removed food, drinks, etc. to minimize virus exposure & spread of COVID-19”

Organize to Minimize Contact Contagion

• Remove all items that can be touched, be contaminated, and cross contaminate. e.g., coffee cups, coffee machines, toys, magazines
• Provide hand sanitizers and ensure constant sanitizing of common areas
• Shut down car wash to minimize employee contact with vehicles

HR Policy to address all employees including sick and vulnerable employees

To protect all employees and customers, dealers must implement an HR policy prepared by legal counsel.  A clear and easy to understand policy regarding employees with COVID-19, employees that have been exposed to others sick with COVID-19 or employees sick with non-COVID-19 illness (e.g., pneumonia, flu, fever, cough, cold) needs to be communicated to all employees immediately.  Your HR policy must address vulnerable employees, including and not limited to those with diabetes, pulmonary or heart disease, 65 or older, immune suppressed or pregnant, who are at higher risk of contracting the disease.  Policy may include requirement of medical clearance for employees treated for COVID-19.

Janitorial staff

• Train staff to place hand sanitizer (at least 60% alcohol) at locations where their use is most likely
• Use only EPA approved disinfectants. Information at https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2 
• Follow the CDC cleaning-disinfection guidelines https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html when blending your own disinfectants 
• Instruct janitorial staff to sanitize all contact areas repeatedly and replenish soap dispensers, sanitizers, and paper towels throughout the day
• Examples of contact areas requiring cleaning are door handles, door opening plates & elevator buttons, faucets & flush handles, soap and paper towel dispensers, sofas, chairs, other seating areas,  and water fountain handles
• Encourage frequent and proper handwashing using the CDC recommended guidelines https://www.cdc.gov/handwashing/when-how-handwashing.html
• Shut down vending machines

Service Writers

• Advise customers in advance of their appointments to be prepared to leave the vehicle at the dealership for service and schedule a later pickup as the waiting lounge has limited capacity with social distancing in effect 
• If you are using a touch screen for service orders, sanitize the screen.  Use single use pens.
• Ask customers to turn off fan and AC systems in the automobile

Technicians
Customer vehicles may be contaminated.  See the COVID-19 stability information above.

Sanitize what you are to touch, touch only what you sanitized, and at the end sanitize all you touched.

https://www.cdc.gov/vhf/ebola/pdf/poster-how-to-remove-gloves.pdf

Technicians must have proper PPE (e.g., nitrile gloves) and must avoid cross-contamination across vehicles.  Replace gloves when you finish working on each car using the CDC’s glove removal guidelines.  Use a fresh pair for every car https://www.cdc.gov/vhf/ebola/pdf/poster-how-to-remove-gloves.pdfUse covers for steering wheels, shifter and seatsDo not touch any part of your face (eyes, nose, or mouth) or body with your gloves or handsMinimize time inside the cabin. Keep windows down to promote natural air circulation.  Keep the fan inside the cabin off as the fan may circulate particles inside the vehicle.  Note: virus can be in and on the auto air circulation system.Do not use the vacuum inside the automobile as it may make infectious particles airborneChange in/out of uniform at work daily.  Perform basic hygiene functions (e.g., showering) immediately upon returning home and place clothing in wash.

Respirators/Masks

Respirators protect from exposure to airborne particles. In healthcare, protects from exposure to biological aerosols including viruses and bacteria. Masks are a barrier to splashes, droplets, and spit. Respirators are designed to seal tight to the face of the wearer.  Employees must understand that the mask may not protect them but may reduce the virus load shed by them, in case they are infected but asymptomatic.Use N-95 respirators when they become available for use by the public.  Commercially available respirators require the user to be directed to read the packaging on the effectiveness & limitations of the respirator and its proper usage and maintenance. See CDC/NIOSH guidance on How to Properly Put on and Take off a Disposable Respirator Take respirator training. OSHA requires all respirator wearers to undergo mandatory training, fit testing, and medical evaluation.  Some exceptions apply under certain circumstances.  https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.134AppDSome local authorities mandate employees and members of the public wear face coverings/masks when going out to work/outside home.  Provide individually packed face covering to customers at no cost and require it be worn.

https://www.cdc.gov/niosh/docs/2010-131/pdfs/2010-131.pdf?id=10.26616/NIOSHPUB2010131

DISCLAIMER:  Information regarding COVID-19 is dynamic and constantly evolving. Check reliable sources, such as www.cdc.gov, regularly to keep yourself updated, research other areas, and adopt procedures as they deem fit.  Even though we have used government sources to prepare this memo, we do not endorse or recommend any for a particular purpose. The information provided here is a brief guidance for employers and employees to undertake in order to protect themselves in the workplace. There is no warranty implied or expressed regarding the completeness or accuracy of information presented here.  The information provided here is not complete and/or exhaustive. Protections such as full body sealed suits and N95 respirators will further help reduce risks in the workplace and should be evaluated for use.  This memo supersedes all information disseminated earlier. 

Employers and employees should understand that the COVID-19 pandemic presents serious life-threatening health risks, and this is guidance on some ways to reduce those risks, not eliminate them.  This memo is not intended to constitute medical or safety advice or a substitute for the same.  Contact safety consultants, lawyers and medical professionals to take appropriate course of action.  

Sam Celly, author, has been assisting dealers with EPA/OSHA regulations for the last 33 years.  He received his BE (1984) & MS (1986) in Chemical Engineering followed by a JD in 1997.   

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

OSHA Hazard Communication Program:  State and federal regulations require that the all employers provide a Hazard Communication program for all employees exposed to hazardous chemicals at work.  The program must include elements as follows:

• Employee Training
• Written Program
• SDS for all chemicals used at the workplace (in certain instances for chemicals sold at the workplace)- User Name & Password to access SDS on web are available to all clients
• Labeling of all chemicals pursuant to a protocol listed by OSHA.

You can access SDS currently listed on our web portal as follows:

Visit: www.cellyservices.com

UN:

PW:

The written program and employee training are available for all clients on the CSI portal and should be completed by all employees prior to their first shift.  The labeling of all chemicals is expected to be completed by the vendor or manufacturer pursuant to state and federal guidelines.  Employers must not have any unlabeled chemical bottles. Ask vendors for labeled secondary containers such as spray bottles.

Sanitizers & Disinfectants for COVID-19:  Employers are using a variety of disinfectant and sanitizers (hereafter referred as cleaners).  The disinfectants must be listed on the EPA website as effective cleaners against the virus.  https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2.  The list is being continuously updated by the EPA.  CSI investigated some of the SDS for sanitizers being used by employers.  We have concluded that these chemicals are stronger and more toxic than the ones used in the past.  We recommend that employers take some steps as follows:

• Provide a copy of SDS to employees followed by discussion on Personal Protective Equipment (PPE).
• PLEASE SEND US A PDF OF ALL THE SDS FOR THE DISINFECTANTS and ALL OTHER CHEMICALS NOT OUR WEB PORTAL to elearn@cellsyervices.com so it can be uploaded to your web portal
• Provide PPE to employees as listed on the SDS

Dilution Factors:  Disinfectants from vendors are in concentrate forms and must be diluted before use.  Dilution factors vary.  For example, the dilution factor for mold and mildew is greater than the one to be used for the COVID-19 virus.  More concentrated solution must be used in order to be effective against the COVID-19 virus.  The dilution must be completed by the shop foreman or senior technician using proper mixing tools and PPE.  PPE such as safety glass, face shield, apron and long rubber gloves are to be used in addition to the ones listed on the SDS for the disinfectant.

CA Law (Senate Bill 258) on Cleaning Products:  The cleaning products Right to Know Act of 2017 became effective on 1/1/2020.  The bill requires household, industrial, and commercial cleaning product manufacturers disclose information related to the chemicals contained in the product on the product label, the product’s Internet Web site, and provide a link to the SDS. Even though this requirement is not directed to end-users, we recommend dealerships get an SDS for each new chemical prior to its use and upload it to the web portal for easy employee access.

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.

The Coronavirus pandemic is creating issues with usage of supplies and materials.  Employees may accidentally mix incompatible chemicals creating health hazards to themselves and others. The chart on the right lists the incompatible chemicals and the hazardous conditions they can produce.  Please educate your employees by reviewing this memo.   A general rule is not to mix bleach with anything but water.  Dealerships often do not store bleach but if someone does order, ensure you regulate the use.  Always have employees using cleaning supplies in the right PPE as listed on the SDS for the cleaning material and an eye wash nearby.  Lastly, the blending of chemical must be done by experienced senior staff.   Should you have any questions or concerns, please contact us at 562-716-6100.  Your local poison control center is also a good resource if you need help in an emergency.   Poison Control Hotline 800-222-1222 or Visit www.poison.org

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.

Background:  Cal/OSHA require auto dealers and other employers to keep a record of occupational injuries and illnesses using OSHA Log 300 and to post a summary on the employee notice board from February 1 to April 30, 2020.

Forms & Guidance to Fill:  California Forms: https://www.dir.ca.gov/dosh/DoshReg/ApndxA300Final.pdf (Fillable Form)

Cal/OSHA exempts certain industries: https://www.dir.ca.gov/t8/14300_2.html

Federal-OSHA:  https://www.osha.gov/recordkeeping/RKforms.html

• OSHA Form 300 – Log of Work-Related Injuries & Illnesses
• OSHA Form 300A – Summary of Work-Related Injuries & Illnesses
• OSHA Form 301 – Injury & Illness Incident Report

Posting Requirements:  Form 300A (Summary of Work-Related Injuries & Illnesses) for 2019 must be posted on the employee notice board from February 1, 2020 to April 30, 2020.  ONLY Form 300A needs to be posted.  Disclosing injured employee name on the notice board is a big no-no.

Cal/OSHA Guide on Completing Forms: http://www.dir.ca.gov/dosh/dosh_publications/reckeepoverview.pdf

Tutorial for Completing Forms: A tutorial is available to assist in completing the forms at https://www.osha.gov/recordkeeping/tutorial.html

Recordkeeping Questions & Answers: See https://www.osha.gov/dte/grant_materials/fy10/sh-20856-10/Recordkeeping_Questions_w_Answers.pdf.

First-Aid Not Recordable on Log 300:  First-aid is https://www.osha.gov/recordkeeping/firstaid_list.pdf​.

Serious Injury:  Call your local OSHA office to report serious injury.  Cal/OSHA phone number is on the employee labor law poster.  California Code on reporting serious injury is https://www.dir.ca.gov/title8/342.html.

Commentary:  The forms are provided as a tool for the employer to document injuries, inform employees of accidents at the facility and allow OSHA inspectors to obtain a quick summary of accidents at the workplace.

Employers must use this log as a management tool to gauge the nature and frequency of injuries in order to determine corrective measures for accident elimination, and to counsel employees who show up on the accident log on a repeated basis.  Certain highlights of the forms are as follows:

• Requires records to include any work-related injury or illness resulting in one of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first-aid, loss of consciousness, or diagnosis of a significant injury or illness by a physician or other licensed health care professional.
• Requires a significant degree of aggravation before a preexisting injury or illness becomes recordable.
• Requires employers to record cases when injured or ill employees are restricted from their “normal duties,” which are defined as work activities employees regularly perform at least once per week.
• You may stop counting days of restricted work activity or days away from work once the total of either or the combination of both reaches 180 days.
• Focus on days away or days restricted or transferred. Rules rely on calendar days instead of workdays!
• Requires employers to establish a procedure for employees to report injuries and illnesses and to tell their employees how to report. Employers are prohibited from discriminating against employees who report.  Employee representatives will have access to those parts of OSHA Form 301 relevant to the employees they represent.

Cal/OSHA Reporting Guidelines:  An employee trips in the service driveway of your dealership during normal course of business and seeks medical treatment.  Employee comes back to work the next day, but continues treatment of physiotherapy and medication.  After 6 months, the MD states that only surgery can cure the knee problem and the employee proceeds with knee replacement surgery.  The issue is whether this knee accident is now Cal/OSHA reportable as a serious injury accident.  Yes, the accident must be reported to Cal/OSHA under the serious injury reporting statutes (Section 342). Employers are required to report incidents within 8 hours to Cal/OSHA as follows:

• Any fatality.
• Any inpatient hospitalization for work related injury or illness, for anything other than medical observation or diagnostic testing must be reported.
• An amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.

Questions Asked During Reporting:

1. Time and date of accident/event

1. Employer’s name, address and telephone number
2. Name and job title of the person reporting the accident
3. Address of accident/event site
4. Name of person to contact at accident/event site
5. Name and address of injured employee(s)
6. Nature of injuries
7. Location where injured employee(s) was/were taken for medical treatment
8. List and identity of other law enforcement agencies present at the accident/event site
9. Description of accident/event and whether the accident scene or instrumentality has been altered.

Electronic Recordkeeping Submission:  Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information from OSHA Forms 300 — Log of Work-Related Injuries and Illnesses, 300A — Summary of Work-Related Injuries and Illnesses, and 301 — Injury and Illness Incident Report.  See https://www.osha.gov/Publications/OSHA3862.pdf.

Disclaimer: The contents of this newsletter are merely for informational purposes only and are not to be considered as professional advice. Information from www.osha.gov was used to prepare part of this newsletter.  Employers must consult their lawyer for legal matters and safety consultants for matters related to safety.  The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA & 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.

THE REGULATION: In October 2014, Governor Brown signed AB 1826 Chesbro (Chapter 727, Statutes of 2014) requiring that businesses to recycle their organic waste on and after April 1, 2016 based on the amount of weekly waste they generate. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses. Organic waste, also referred to as ‘organics’, means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. This law phases in the mandatory recycling of commercial organics over time, while also offering an exemption process for rural counties. In particular, the minimum threshold of organic waste generation by businesses decreases over time. This means larger segments of the commercial sector will increasingly be required to comply. Legislation was enacted as China has stopped taking waste from the US, and landfills in the US are reaching critical capacity. California is making this legislative decision to take the load off landfills by requiring recycling at all levels in the state. 

(Source:https://www.calrecycle.ca.gov/recycle/commercial/organics).

IMPLEMENTATION: Effective January 1, 2019, California law AB 1826 also requires that businesses that have organic waste of 30 gallons (4 cubic yards) or more per week, must separate organic waste from other wastes. If your organic waste at the business is 30 gallons or more per week, you must set up separate containers for organics in the office and break rooms. Looking ahead, per AB 1826, if the State of California determines that the statewide recycling of organics in the year 2020 has not been reduced to 50% of the organic waste generated in 2014, then the organic recycling requirements on business will expand to cover businesses generating 15 gallons of organic waste per week. Even though the law was effective January 1, the counties and cities are now putting pressure on businesses to reduce the waste to landfills and are slowly ratcheting up the enforcement. 

ACTION NEEDED: Actions needed by management include clear labeling of containers for organic waste and directing employees to use them correctly. Janitorial services will then be required to collect the waste from the facility, keep them separated in organic and non-organic categories, and transfer the waste to the commercial hauler-provided specific containers for organic and non-organic waste. Essentially, management must provide separate containers for organic waste and non-organic waste (paper, plastic and glass) in the break room(s) and other locations where employees eat food and may dispose food and food-soiled paper. Commercial waste haulers for the facility must be contacted to provide separate bins for haul away, so that the janitorial staff can dispose the waste into proper containers as required by law.https://www.calrecycle.ca.gov/recycle/commercial/organics/faq

NOTE: Mandatory recycling of organic waste is the next step toward achieving California’s aggressive recycling and greenhouse gas (GHG) emission goals. California disposes approximately 30 million tons of waste in landfills each year, of which more than 30 percent could be used for compost or mulch (Waste Characterization Study 2014). Organic waste such as green materials and food materials are recyclable through composting, mulching, and anaerobic digestion to produce renewable energy and fuel. GHG emissions resulting from the decomposition of organic wastes in land-fills have been identified as a significant source of emissions contributing to global climate change. Reducing the amount of organic material sent to landfills and increasing the production of compost and mulch are part of the AB 32 Scoping Plan (California Global Warming Solutions Act of 2006).  

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.

Just imagine this as someone taking your empty soda cans to the recycling center for money. Now imagine your used oil, which is being taken away for recycling, has a refund associated with it. All you have to do is sign up as a California Used Oil Recycling Center and then we file this claim for you as part of our service. The money that you receive from the state is about $3000 per year, on average. All you have to do is deposit the check the state sends you every quarter! See details at  https://www.calrecycle.ca.gov/usedoil/. 

You can find frequently asked questions and answers are available on the state website at https://www.calrecycle.ca.gov/UsedOil/Generators/. 

Q: What forms do I need to complete to get certified?

A: Celly Services will complete all forms that you need to get certified (2 pages).

Q: What if the oil looks contaminated?

A: You can decline the acceptance of contaminated used motor oil or other waste given         to  you. Instructions are listed                  here, https://www.calrecycle.ca.gov/UsedOil/CertCenters/#Contaminated. Ask them to take it to a facility as provided by the state. https://www.calrecycle.ca.gov/UsedOil/Handling/Contaminated/

Q: Do I need to keep any special/extra paperwork as part of the program?

A: No. Your used oil pickup receipts are obtained by us from your used oil hauler.

Q: What is the claim based on and how frequently?

A: The claim is 16 cents for every gallon of used oil collected from your facility and is filed quarterly by us.

Q: What is the maximum amount of oil that a person can bring?

A: You can set a limit where you may not accept more than 5 gallons from a person.

Q: How does this affect my image as a new car dealer?

A: The fear that unsightly homeless in pajamas will show up with a gallon of used oil in your driveway is unfounded. No dealership in the program (CSI client) has ever seen them drive in with oil.

Q: What paperwork needs to be posted?

A: The Certificate of a Used Oil Recycling Center (8.5 x 11 sheet of paper) needs to be posted on your notice board where service department permits and licenses are posted. Also, a Used Oil Recycling Center sign (provided by the state at no cost) needs to be posted in your driveway next to your BAR and other signs.

Q: Do I need to pay the public?

A: As we said earlier, no one shows up. If they do, offer them 40 cents per gallon. No paperwork is needed.

Q: Is there a long term contract with the state?

A: No, you can get off the program with a simple letter to the state.

Q: What if my oil gets contaminated?

A: https://www.calrecycle.ca.gov/usedoil/handling/contaminated/procedures. You may keep a 16 gallon drum separately for storage of oil from the public and keep suspected oil in that drum. If taking oil from the public contaminates your oil, the state will reimburse you for incremental costs for disposal due to the contamination, presuming the source of contamination was public oil (up to a maximum of $5,000 per year. Signs are available, from the state at no cost, to remind both employees and customers not to mix anything with used oil or pour contaminated used oil into storage tanks.

Q: How do I get the gallons of new oil + ATF purchased per quarter needed for the claim?

A: Contact your bulk oil supplier for the number.

Certified Collection Center Operators Guide

https://www2.calrecycle.ca.gov/Publications/Download/1159

Comments: Trust us. It’s the coolest $3000 (average) your consultant has ever made for you!

If you need further details or wish to have a copy of the application, please call us at (562) 704-4000 or email Sam at sam@cellyservices.com.

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.

References: https://www.epa.gov/e-manifest & https://www.epa.gov/sites

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. This happened to an automobile dealer in Los Angeles. The employee had partially amputated a finger while diagnosing the engine on an automobile. In their defense, the employer pled that the act that caused the injury was an independent act of the employee and the employer should not be held liable.

In order to prevail on this affirmative defense, which must be pled on the appeal following the citation, an employer in California must prove all five elements as follows:

1. The Employee was Experienced and Trained 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. OSHA accepted the employer’s claim on this issue. Interestingly, OSHA looked at all the safety training completed by the technician. CSI recommends that you to save all your safety and other work related training in files on site.

2. Employer Has A Well Devised Safety Program: Employer must prove that a well-devised safety program, which includes employee training for their particular job assignment, is in effect. The employer presents its IIPP Program and training from the service manual from the automobile manufacturer relevant to the service operations being done when the injury occurred. OSHA accepted this element of the defense as well. The requirements of IIPP program are as follows:

·     Identify the person or persons with authority and responsibility for implementing the Program.

·     Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices.

·     Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.

·     Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

·     When the Program is first established;

·     Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

·     Whenever the employer is made aware of a new or previously unrecognized hazard.

·     Include a procedure to investigate occupational injury or occupational illness.

·     Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

·     When observed or discovered; and,

·     When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

·     Provide relevant training and instruction

·     When the program is first established;

·     To all new employees;

·     To all employees given new job assignments for which training has not previously been received;

·     Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

·     Whenever the employer is made aware of a new or previously unrecognized hazard; and,

·     For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

·     Records of the steps taken to implement and maintain the Program shall include:

·     Records of scheduled and periodic inspections required by subsection above to identify unsafe conditions and work practices, including person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and action taken to correct the identified unsafe conditions and work practices. These records shall be maintained for at least one (1) year; and

·     Documentation of safety and health training required as above should be maintained for each employee, including employee name or other identifier, training dates, type(s) of training, and training providers. This documentation shall be maintained for at least one (1) year. CSI recommends that you keep safety training documents well past the date of employment. Contact employment counsel on employee training retention period.

3. Policy of Sanctions Against Employees Violating Safety Program: The employer must have a policy of sanctions against employees violating safety rules or involved in unsafe acts. The employer stated that one had never been required or deemed necessary as the injuries were virtually non-existent. The employer lost on this element as no earlier enforcement/disciplinary action had been documented.

4. Employer Effectively Enforces the Safety Program: The written disciplinary policy should be implemented. OSHA held that the enforcement element of the safety program had “no teeth” and that the safety program had not been enforced.

5. Employee Caused the Safety Infraction Which He or She Knew was Contra to Employer’s Safety Requirement: The employer must prove that the employee had knowledge of this safety requirement, violation of which caused the injury. The employees pled that the safety rules, acknowledged and signed by the employee were available. Also, the shop manual (to service automobiles), which technicians reference repeatedly had outlined the safety procedures including relevant safety issues.

In summary, the employer lost for not having a policy enforcing sanctions against employees violating the safety program. Written policy without implementation is not sufficient either. A written IIPP where the facility is inspected on a periodic basis and hazards corrected is not enough. A “Write-Up Policy” is needed. Further, such policies should be enforced consistently without discrimination. A safety disciplinary form is available in the Black Box. Disciplining employees is also a labor law issue and the employer should seek advice of qualified counsel. (Ref.: Mercury Service, Inc. Docket No, 77-R4D1-1133)

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