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California Tow Drop-Off Regulations, July 2016

CALIFORNIA LAW ON TOWING

California enacted AB 1222 earlier this year mandating certain recordkeeping provisions for tow truck companies amongst other statutory requirements.  If the dealer is in the towing business, then we recommend that you consult and implement all provisions of AB 1222 (Bloom).  Since dealers with tow truck ownership are very few, we will not discuss in detail the tow truck company operational issues and recordkeeping requirements, but rather the dealer obligations under the new law as they receive automobiles from independent tow truck companies.

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Heat Illness Prevention Program Training, May 2016

Background:  Cal/OSHA heat illness prevention regulation (T8CCR3395) became effective on May 1, 2015.  This standard applies to outdoor areas of employment.  When porters are parking cars and salespersons are showing automobiles on display to customers or taking them on test drives, they are considered to be working outdoors.  Fed-OSHA also requires that employees be trained in heat illness prevention under a general injury prevention standard.  Cal/OSHA enforcement details are at http://www.dir.ca.gov/dosh/heatillnessqa.html.

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California Exemption to Log 300 & First Aid Kit, January 2016

CALIFORNIA LAW ON LOG 300

As of the start of 2016, the California Occupation Health & Safety Standards Board has not approved of the changes to the recordkeeping guidelines. This process can take up to six months, essentially pushing the compliance date to January 1, 2017.

In summary, auto dealers in California are currently exempt from Log 300 requirements.  See https://www.dir.ca.gov/dosh/DoshReg/FinalEmpRec.html.  Cal/OSHA has inspected dealers for regulatory violations and has not requested to see the Log 300 as they are exempt per state regulations.

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Death of a Salesman – And Means to Avoid It, March 2016

Accident 1:  On the afternoon of February 22, 2016, a test drive of a Corvette from a dealership in Ontario, CA became a tragedy.  Reportedly, the driver was driving at 70 MPH before the crash took place, which resulted in the salesperson losing his life.  LA Times reported that the customer was treated for injuries at a local hospital and arrested on suspicion of vehicular manslaughter and driving under the influence of drugs.

Solution 1:  While it may be difficult to recognize a customer being under the influence of drugs, salespersons should remain attentive to inebriated customers and decline any test drive in which drugs or alcohol may become a factor.  Also, the dealership must constantly reiterate: “All test drives must be safe and within posted speed limits.”

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First Aid, CPR, and AED: Regulation and Good Practice, August 2014

Background: Dealers have recently been looking at providing Automatic External Defibrillators (AED) in their showrooms and debating whether to provide training to employees to render first-aid and CPR. In this newsletter, we discuss the regulatory requirements for first-aid kits, training for employees on first-aid & CPR, and AED.

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How to Handle and OSHA Inspection

Download Available: How To Handle An OSHA Inspection

Under the Occupational Safety and Health Act of 1970 (the Act), the Occupational Safety and Health Administration (OSHA) is authorized to conduct workplace inspections and investigations to determine whether employers are complying with standards issued by the agency. OSHA also enforces Section 5(a)(1) of the Act, known as the “General Duty Clause,” which requires that every working man and woman must be provided with a safe and healthful workplace. OSHA does not have staff to go and inspect all employers so an inspection is usually a result of a complaint from an agency (fire department, hospital, paramedics), disgruntled employee, or a third party having knowledge of a violation.

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Eye Wash and Deluge Shower Requirements

Download Available: Eye Wash & Deluge Shower Requirements

Current OSHA regulations require that an emergency eyewash stations be provided whenever employees may come into contact with chemicals that can cause corrosion, severe irritation, or permanent tissue damage.  Conditions such as battery charging in shop, usage of corrosive chemicals or irritants in detail or shop require the installation of an eye wash station and a deluge shower depending upon the chemicals used in the shop area.

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Safety is More Than Wearing Safety Glasses, May 2014

Download Available: Safety Is More Than Wearing Safety Glasses

Many dealers think that having a safety inspection and correction of hazards constitute an effective safety program, or better still, compliance with OSHA regulations is an effective means to gauge safety.  Nothing could be farther from the truth.  Over my 25 years of experience with dealers in the safety arena, I have found these six to be the most effective means to reduce injuries at the workplace and effectively reduce premiums.

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News and Views, May 2014

Download Available: NEWS AND VIEWS

CA OSH APPEALS BOARD DECISION: EYE-WASH STATIONS IN PARTS DEPT.

Background:  Existing law requires an employer to provide eye wash stations that comply with ANSI standards.  Eye wash stations must be within 10 seconds walking distance and not over 100 feet from the potential point of hazard.  Most dealers have provided an eye wash in the service department within those stipulations.

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Compliance with 2014 OSHA Heat Illness Prevention, April 2014

Download Available: COMPLIANCE WITH 2014 OSHA HEAT ILLNESS PREVENTION 

Background:  Cal/OSHA released the 2014 Heat Illness Prevention Campaign on March 25, 2014. Workers who are exposed to extreme heat or who work in hot environments are at a risk of heat stress that can result in occupational illnesses and injuries. Heat stress can result in heat stroke, heat exhaustion, heat cramps, or heat rashes. Heat can also increase the risk of other physical injuries in workers as it may result in sweaty palms, fogged-up safety glasses, and dizziness.

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