As of January 1, 2022, the hazardous waste Generator Fee has been repealed and replaced with a new Generation and Handling (GH) fee (Senate Bill 158; Stats. 2021, ch.73). Prior to January 1, 2022, the hazardous waste generator fee was imposed on a tiered category basis.  The State sent out Special notices in December 2021 Hazardous Waste Generation and Handling Fee – Application of Fee, Payments, and New Rate Effective January 1, 2022

Effective January 1, 2022, the hazardous waste generation and handling fee is imposed as a flat rate per ton or fraction of a ton on generators of hazardous waste for each generator site that generates five or more tons of hazardous waste at a site in California within a calendar year.

The hazardous waste generation and handling fee is calculated based on the total weight (measured in tons) of hazardous waste generated (produced or caused to be managed) from each site per year. The hazardous waste generation and handling fee is generally due regardless of the waste’s final disposition. Weight tickets should be maintained by the dealership to support the actual weight/quantity being reported. For more information, please visit the Department of Toxic Substances Control’s (DTSC) Manifest webpage, Fee Summary webpage, and  Hazardous Substances (Waste) Fee Guide (ca.gov).  State of California has posted guidance on this law on the https://dtsc.ca.gov/generator-fee/  (DTSC) website. 

State sent a Special notice on Filing requirements in August 2022. L-863, Hazardous Waste Generation and Handling Fee Program Reminders and Online Filing Requirement (ca.gov).

Hazardous wastes that are typically generated at an automobile dealership and subject to this fee are:

·         Recycled hazardous waste

·         Non-manifested universal waste

·         Waste sent outside California for disposal

·         Used motor oil (Except used oil collected from the public. See note below)

·         Waste coolant (CA code 134),

·         Oily water (CA Code 223), and

·         Waste paper filters (CA code 352 or 223)

If you are punching or crushing metal oil filters, under DTSC guidelines, you can dispose of them as scrap metal (through your hazardous waste hauler) and hence not be subject to this fee. If you decide to dispose of used metal oil filters as hazardous waste, those metal filters get added to your hazardous waste tonnage calculations. 
 

HOW THE FEE IS CALCULATED

Beginning January 1, 2022, all GH fee accounts are required to make one prepayment which is due and payable on or before November 30th each year.

• Prepayment – Due on November 30th of each year.
• Final Payment with Return – Due on February 28th of each year.

Your prepayment must be equal to 50 percent of the total amount due for the hazardous waste generation and handling fee for the entire prior calendar year.  Keep proper records to support tonnage of hazardous waste generated and handled at each site.

Reporting Period	Prepayment Due Date	Return & Final Payment Due Date	Report Based on Hazardous Waste Generated in Prior Reporting Period
Calendar Year 2022	November 30, 2022	February 28, 2023	Calendar Year 2021
Calendar Year 2023	November 30, 2023	February 28, 2024	Calendar Year 2022
Calendar Year 2024	November 30, 2024	February 28, 2025	Calendar Year 2023

Returns

The hazardous waste GH fee return and payment are due by February 28 each year. (RTC 43152.7) The fee is calculated based on waste generated in the prior calendar year. (HSC 25205.5)

File a Return Online – You are required to file your GH fee return electronically through California Department of Tax and Fee Administration (CDTFA) online services homepage.

Every generator that produces five tons or more of hazardous waste will pay CDTFA a GH Fee for each generator site for each calendar year, or portion thereof. Hazardous Waste facilities permitted under a full or standardized permit that pay annual Generators are required to report the amount of waste generated on a hazardous waste Generation and Handling Fee return provided by CDTFA. The rates specified in table below are for Fiscal Year 2022/23 for hazardous waste generated in Calendar Year 2021:

Note 1: Commencing on July 1, 2023, the Board of Environmental Safety will reset (increase) the annual GH Fee to correspond to the annual appropriation amount for Fiscal Year 2023/24, per Health &Safety Code section 25205.5.01. Beginning with FY 2024/25, the Board shall adjust the GH Fee for changes to the Consumer Price Index (CPI).

Note 2: Please contact your waste hauler(s) for technical guidance on conversion of gallons of waste to tons.
For example, 1 gallon of used oil is approximately 7.4 pounds. 10,000 gallons is 74,000 pounds. 2,000 pounds equals one ton.

74,000/2,000 = 37 tons.  In summary, 10,000 gallons of used motor oil weighs approximately 37 tons!
Note 3: GH Fees do not apply to used oil collected from the public by certified used oil collection centers.

Don’t know your tonnage?

Please contact your dedicated waste hauler(s) to determine total tonnage. Once determined, please register online with CDTFA and complete the fee process. Maintain support documentation of fee completion for your records. Finally, we note that this is a tax/fee matter and you must consult your tax consultant on calculations and record retention requirements.

Contacts at CDTFA:  Thomas, Cathie Cathie.Thomas@cdtfa.ca.gov, Kevin McCarley Kevin.McCarley@cdtfa.ca.gov, Yatoba Godina Yatoba.Godina@cdtfa.ca.gov or 800-400-7115.

DISCLAIMER: 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. 

The COVID-19 Prevention Non-Emergency Regulations requiring employers to protect workers from hazards related to COVID-19 are effective as of February 3, 2023.  These include several changes and various requirements continuing from the Emergency Temporary Standards (ETS).  They will remain in effect through February 3, 2025, with the recordkeeping section of the law valid through February 3, 2026.

Important changes to the COVID-19 Prevention rules include:

1. Daily Symptom Screenings No Longer Required. Employees are no longer required to go through the daily ritual of informing their employer that they are COVID free. Now employees are required to inform their supervisor that they are symptomatic before entering the place of employment and to seek exclusion as appropriate.
2. Exclusion Pay. Employees excluded from workplace are not eligible for any pay irrespective of whether the exposure happened at workplace or not.  Employees should be educated on sick pay, vacation pay, FMLA and other benefits available.
3. Employee Notification.  Employees can now be notified by posting notices on the employee notice board (i.e., lunchroom) regarding close contact exposure.  Notices must be posted within one business day of learning that a person in the workplace has COVID-19 and continue for 15 days.
4. Close Contact: “Close contact” is now defined by looking at the size of the workplace in which the exposure takes place. For indoor airspaces of 400,000 or fewer cubic feet, “close contact” is now defined as sharing the same indoor airspace with a COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 infectious period. For indoor airspaces of greater than 400,000 cubic feet, “close contact” is defined as being within six feet of a COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 infectious period.

Merge the COVID-19 Plan into the Illness & Injury Prevention Plan (IIPP)

The regulations allow the employers to merge the COVID-19 Plan into their IIPP.  In the past few years, we have seen the guidelines being tightened during outbreaks and then being relaxed.  For example, the regulations refer to the guidelines from California Department of Public Health (CDPH) which were changing during the pandemic.  Since the COVID-19 Plan may undergo changes during the next two years, employers are better served to keep their COVID-19 Plan and IIPP separate.

Ventilation, Filtration, & HEPA Filters

The regulations impose additional requirements on improving air quality at the workplace through one or more of the following options: maximizing fresh uptake to the HVAC units, increasing the filtration efficiency, and providing individual HEPA filtration units.

• Maximizing the fresh air uptake can be achieved through your HVAC contractor.  The fresh air uptake will have an impact on your energy bills as greater amount of fresh air during the summer months will increase your cooling bill and heating bill in the winter months.
• Minimum Efficiency Reporting Values, or MERV, reports a filter’s ability to capture particles. Filters with MERV-13 or higher ratings can trap smaller particles, including viruses. Upgrade to a MERV-13 rated filter, or the highest-rated filter that your HVAC system fan and filter slot can accommodate.
• Individual Air Purifying units with True HEPA filters can remove up to 99.7% of the viruses.

OTHER IMPORTANT REQUIREMENTS CONTINUING FROM THE ETS

• COVID Testing. Employers must make COVID-19 testing available at no cost and during employees’ paid time regardless of vaccination status, to all employees who have had close contact in the workplace with an exception for symptom-free employees who recently recovered from COVID-19 (returned cases).

• Face Coverings.  Employers must provide face coverings and ensure they are worn by employees when CDPH requires their use. Additionally, employees have the right to wear face coverings and request respirators from the employer when working indoors and during outbreaks. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.
• Reporting. Employers must report information about employee deaths, serious injuries, and serious occupational illnesses to Cal/OSHA, consistent with existing regulations.
• Exclusion. Employers must exclude COVID-19 cases from the workplace until they are no longer an infection risk and must implement policies to prevent transmission after close contact.

The new regulations ease the burden on employers as COVID-19 related illnesses and fatalities have gone down.  Needless to say, the regulations may get ratcheted up should COVID related illnesses increase. 

In 1896, Dr. William Osler, a founder of Johns Hopkins hospital stated in his address The Fevers of the South at the American Medical Association meeting in Atlanta, Georgia: “Humanity has but three great enemies: fever, famine and war; of these by far the greatest, by far the most terrible, is fever.”  We can say that with the help of the vaccine, safety protocols, and other technologies, we have won the war with the fever.  At least this time.

All employers in the State of California are required to maintain an operational COVID-19 Prevention Plan pursuant to Title 8 CCR and Cal/OSHA Emergency Temporary Standards (ETS).  Please visit CNCDA www.cncda.org for a model COVID-19 Prevention Plan for auto dealers or click here for a sample COVID-19 Prevention Plan from Cal/OSHA.

Sources

COVID-19 Prevention Non-Emergency Regulations. 2023. https://www.dir.ca.gov/DOSH/Coronavirus/Covid-19-NE-Reg-FAQs.html. March 13, 2023
COVID-19 Prevention Non-Emergency Regulations. 2022. https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/
COVID-19 ETS What Employers Need to Know About the December 15 2022 Standards (ca.gov). 2022. https://www.dir.ca.gov/dosh/coronavirus/Non-Emergency-regs-summary.pdf
Partin, Clyde. 2019. The Oslerian legacy in the Southern states. Baylor University Medical Center Proceedings, 32:4, 538-543, DOI: 10.1080/08998280.2019.1635631. Downloaded from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6794078/
What kind of filter should I use…? 2023. https://www.epa.gov/coronavirus/what-kind-filter-should-i-use-my-home-hvac-system-help-protect-my-family-covid-19. Updated March 8, 2023

DISCLAIMER: 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. 

CA Annual EPA ID Number Verification Questionnaire (EVQ):  If you have a California EPA ID number, you need to complete an EVQ.  If you do not complete it in 30 days from the date of notification and pay the fee, your EPA ID number gets deactivated and the hauler will stop picking up your waste.  Please consider this as a priority.  https://evq.dtsc.ca.gov/Documents/user_guide.pdf

Options:

1. Dealers complete the EVQ ASAP (Go to https://evq.dtsc.ca.gov). Let us know at Celly Services that you have completed this via email.
2. If you want Celly Services to complete the EVQ, send us the username and password for EVQ ASAP (we may have saved password from prior years in files).  Send us information as follows:

• The number of employees in California.
• CDTFA Number (for facilities with haz waste generated over 5 tons, i.e., prox. 1500 gallons per year)

Once completed, we will send you the completed EVQ form and invoice to pay the EVQ fee to the state. Please contact your Celly Rep if you have any questions.

What happens if you do not file EVQ? 

The dealership’s EPA ID number will be made INACTIVE.  There is no real warning to the dealership.  The hauler stops picking up the hazardous waste as the EPA number has become inactive.  Your hazardous waste oil tanks, drums and buckets can continue to overflow! Only after completion of a new EPA ID application, completion of the EVQ and upon the payment of fees, will the EPA ID number get reactivated.  This whole process can take over two weeks and can be demanding.

Fees can range from $0-600 per EPA ID number, depending upon the number of employees at the dealership and the hazardous waste manifests completed for the year.

 

Other Useful Links

·       Verification Questionnaire Step by Step Guide

·      California Hazardous Waste Classification (Online Course)

·       Check My ID Number Status

DISCLAIMER: 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. 

CHANGES TO HAZARDOUS WASTE DISPOSAL FEE FOR CA DEALERSHIPS

The state of California has levied a fee for many years on hazardous wastes generated by auto dealers and others.  The fee structure specifically exempted used oil generated at auto dealerships.  California SB 158, effective January 1, 2022, specifically removes the exemption on used oil from the fee and adds other wastes that are now subject to the fee.  The hazardous waste Generation and Handling (GH) fee is a flat rate per ton or fraction of a ton on generators of hazardous waste for each generator site that generates five or more tons of hazardous waste at a site in California within a calendar year.

Wastes subject to this fee include recycled hazardous waste, non-manifested treated wood waste, non-manifested universal waste, imported waste, and waste sent outside California for disposal. Used motor oil now gets added to the category, where previously only waste coolant (CA code 134), oily water (CA Code 223), and waste paper filters (CA code 352 or 223) were present.  In the past, the first 5 tons were exempt from taxes, most claimed exemption.  Not anymore.  Also, if you are punching or crushing metal oil filters, under DTSC guidelines, you can dispose of it as scrap metal and hence not be subject to this fee.  If you decide to dispose of used metal oil filters as hazardous waste, those metal filters get added to your hazardous waste tax calculations. 

HOW THE FEE IS CALCULATED

The hazardous waste generation and handling fee is generally due regardless of the waste’s final disposition. Weight tickets should be maintained to support the actual weight/quantity being reported. Please reference DTSC fee chart below:

Generation and Handling Fee FY 2022/23

Rates	Due Dates
First Prepayment (50%)	November 30, 2022 (during reporting period)
Final Payment	February 28, 2023 (after the reporting period)
Fee Rate: $0 if less than 5 tons/year
$49.25/ton (or fraction of a ton) for aggregate waste of 5 or more tons/year

Don’t know your tonnage?

Please contact your dedicated waste hauler(s) to determine total tonnage. Once determined, please register online with CDTFA and complete the fee process. Maintain documentation of fee completion for your records.  Finally, we note that this is a tax/fee matter and you must consult your tax consultant on calculations and record retention requirements.

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 welcomed. Please send them to sam@cellyservices.com.

In recent years, stormwater management has become extremely important as EPA and other regulating agencies have concluded that storm (rain) water picks up enough contaminants from parking lots and other industrial facilities that it is a major source of pollution to our rivers and oceans.  The problem is so severe that many industrial facilities are being directed to manage their storm water as it leaves their premises.  Auto servicing facilities are not on that list, as yet.  However, municipalities are required to meet pollutant discharge criteria to rivers and oceans and to meet this criteria they are directing auto facilities to minimize the contaminants to the storm sewers.  Auto facilities are hence required to set up programs and training so as to minimize contaminants to the stormwater.

The enclosed document, Best Management Practices (BMP) for stormwater from Vehicle Maintenance Facilities, outlines procedures and training guidelines for management and employees that can help minimize pollutant discharge to the stormwater.  Please copy and circulate the document to all your shop management and staff.  We believe that with the installation of training and procedures outlined in the document, the dealership can attain compliance with the local, state and federal guidelines that require BMP for stormwater management at your facility. 

We further note that if you are constructing a new facility or remodeling an existing facility, the local municipality may require you to actually manage the stormwater, i.e., treat stormwater, prior to discharge to the local storm drain.  The details of such treatment procedures are best handled at the local level.  If you have any questions or comments, please do not hesitate to call Celly Services, Inc. at (562) 704-4000.

SOUTH COAST AQMD ANNUAL REPORTING OF GASOLINE USAGE   All dealerships with aboveground storage tanks (AST) and/or underground storage tanks (UST) must report monthly throughput data for each month of 2022 and the total to the SCAMQD by fax to (909) 396-3761.  Deadline for reporting is March 1, 2023.  SCAQMD Form to report data is attached. Rule 461(e)(7)(D). http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/rule-461.pdf NOTE 1: Post a copy of the permit from SCAQMD in the office area near the tank. NOTE 2:  Follow all the conditions listed on the permit including annual back pressure test etc.. NOTE 3: All records shall be retained for 24 months and made available at the gasoline dispensing facility for inspection by the Air Protection Control Officer (APCO).

BAY AREA AQMD ANNUAL REPORTING OF GASOLINE USAGE   All dealerships who dispense gasoline shall maintain records of the quantity of gasoline dispensed (throughput data) from the storage tanks during the last 12 month period.  BAAQMD Form to store the data is attached.  Rule 8-7-503. https://www.baaqmd.gov/~/media/dotgov/files/rules/reg-8-rule-7-gasoline-dispensing-facilities/documents/rg0807.pdf?la=en&rev=55e12318cc9f47c1bd38690a14c85540 NOTE 1: Post a copy of the permit from BAAQMD in the office area near the tank. NOTE 2:  Follow all the conditions listed on the permit including annual back pressure test etc.. NOTE 3: All records shall be retained for 24 months and made available at the gasoline dispensing facility for inspection by the Air Protection Control Officer (APCO).

Background: On October 15, 2022, the American National Safety Institute (ANSI) requirements for First-Aid kits changed.  In this newsletter, we discuss the changes to the regulatory requirements for first-aid kits, guidelines, and training.  California and Federal regulations mandate that employers ensure ready availability of medical personnel for advice on matters of industrial health or injury. 

CAL/OSHA:  California regulations mandate that a first-aid kit approved by a consulting physician be available on the premises for every work person on the job.  A consulting physician is a medical doctor who is well versed with dealership operations and has knowledge of typical hazards and accidents on the job (Ref: T8CCR3400 (a) and (b) and (c)).

Fed-OSHA: Regulations state that an employer must have “adequate first-aid supplies…readily available,” although specific first-aid supplies are not listed. Fed OSHA has referred employers to ANSI as the source of guidance for the minimum requirements for first aid kits and supplies; it does so in Appendix A to 1910.151. On April 15, 2022, ANSI approved ANSI/ISEA Z308.1-2021 effective October 15, 2022, the sixth revision to the voluntary industry consensus standard since its inception in 1978. 

New requirements for both Class A and Class B First Aid kits include more hand sanitizer (thanks to COVID-19), and a foil blanket, since it serves multiple purposes such as emergency water proofer, windbreaking wrap, and treating hypothermia. Additionally, Class B kits now require specific types of tourniquets to prevent blood loss, and distinct from those used for drawing blood.  Splints are also a requirement for Class B kits. 

Employers may adopt the ANSI standard or request their local occupational injury clinic to provide a list of items for the first-aid kit.They should, however, be selected only upon completion of hazard assessment of the work environment and by a person competent in first-aid and knowledgeable of the hazards specific to that workplace (Ref: 29CFR1910.151(b)). 

Hazard assessment involves reviewing workplace hazards, typical injuries that have happened (see Log 300) or could occur at the workplace, and the availability of the supplies necessary to respond to those injuries.  Risk assessment includes looking at Bureau of Labor Statistics (BLS) or OSHA injury data.  The M.D. at the local clinic responding to occupational injuries can be a source of guidance as well.  Inspect and refill First-Aid kits monthly. Keep a written log. Discard expired items promptly.  Disinfect cabinet surfaces frequently.  Ensure labeling and markings are legible and permanent.  Check that each kit and its location is visibly marked.  Place signs at a conspicuous location that indicate the locations of First-Aid kits on site.

While the regulations are silent on number of kits, employers must consider whether multiple kits are needed based upon facility layout, number of employees and access to the kits during the work turn.  The distance from the clinic must also be part of the decision-making process.

Class A vs. Class B

Class A kits have contents capable of response to most common workplace injuries including minor burns and eye injuries.  Class B kits are intended to treat injuries in densely populated areas and high-risk environment workplace such as factories, foundries, and warehouses.

ANSI Standard Class A Kit:

Required Min. Fill Z308.1-2021 (eff. Oct. 15, 2022)

16 Adhesive Bandage 1×3 in.

1 Adhesive Tape 2.5 yd. (Total)

10 Antibiotic Application 1/57 oz.

10 Antiseptic 1/57 oz.

1 Breathing Barrier

1 Burn Dressing (Gel Soaked) 4×4 in.

10 Burn Treatment 1/32 oz.

1 Cold Pack 4×5 in.

2 Eye Covering w/Means of Attachment 2.9 sq. in.

1 Eye/Skin Wash 1 fl. oz. (Total)

1 First-Aid Guide

10 Hand Sanitizer 1/32 oz. (increased as of Oct. 2022)

2 Medical Exam Gloves

1 Roller Bandage 2 in. x 4 yd.

1 Scissor

2 Sterile Pads 3×3 in.

2 Trauma Pads 5×9 in.

1 Triangle Bandage 40x40x56 in.

1 Foil Blanket 52×84 in (added as of Oct. 2022)

ANSI Standard Class B Kit: The Type B kit has a Splint and Tourniquet added to the list above with increased number of supplies listed for Type A. 

Types of First-Aid Kit Containers:

• Type I containers are used in stationary indoor settings.  No rough handling.
• Type II containers are used in portable indoor settings. No rough handling.
• Type III containers are used for mobile, indoor/outdoor settings.
• Type IV containers are used for portable use in outdoor settings where rough handling is a factor.

Commentary:  Dealership management should make prudent decisions on the number and location of the first-aid kits.  Get at least one kit for every 40 employees.  First, keep in mind that all areas of employment should have access to kits.  For example, if only the sales department is open on a Saturday, then a kit must be made available to employees in that area.  Secondly, these kits are subject to pilferage and abuse.  To avoid pilferage, the first-aid kit may be placed in the office or open view of the manager.  If an employee is observed using multiple bandages more often than others, the employee can be counseled on safety and proper work procedure to avoid slicing his/her hand multiple times a day!  Make sure that access is not compromised, i.e., kits must remain completely accessible when employees are present. 

Employers who choose not to have first-aid kits violate the law and also risk loss of productive time when employees must rush to the local drug store for a bandage every time, they incur an injury.

Ref: Information from www.osha.gov and http://www.dir.ca.gov were used to prepare this newsletter. 

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.

Background:  Since July 1992, regulations promulgated under the CAA require that motor vehicle air conditioning refrigerant be recycled.  In 2006, auto dealers in San Francisco area were penalized for violations arising under this act.  Serious penalties and legal drama followed. (https://www.epa.gov/archive/epapages/newsroom_archive/newsreleases/bfbf6466f34e57b785257368007177bc.html). We must note that these CAA regulations are federal regulations and are applicable to all auto dealers in the US and not to San Francisco dealers alone.  To achieve compliance under this regulation, dealers must act as follows:

• Clean Air Act Section 609 Technician Certification Program:  All employees working on A/C systems must be trained and tested by a program approved by EPA on how to properly recover and recycle refrigerant (such as Freon 12, HFC-134(a) or any other EPA approved refrigerant).
• Clean Air Act Section 609 Approved Equipment:  Section 609 mandates that technicians must use EPA approved equipment to perform refrigerant recovery and recycling. Visit https://www.epa.gov/mvac/section-609-certified-equipment for a list of approved equipment. 

Technician Certification:  All shop employees repairing/servicing/diagnosing or working in any way on A/C systems must receive training and certificate from an EPA approved training program.  The list of training programs is available on https://www.epa.gov/mvac/section-609-technician-training-and-certification-programs.  We note that training programs on A/C systems provided by auto manufacturers are a requirement to repair and service automobiles, but they do not in any shape or form help in compliance with this law.  Training programs provided by other government bodies such as the South Coast Air Quality Management District also do not help achieve compliance with this law.  The training program undertaken by the employees must be on the EPA approved list.

We recommended that you do not allow any employee without training to work on A/C repair or service unless the employee has provided the management with a copy of certification from an EPA approved body.  A copy of the certificate should be retained in the Black Box under the file “Air Quality” and a copy sent to Human Resources (Business Office) for retention in the employee file.  You may need a copy of the certification three years beyond the date of departure of the tech!  (More reading on this issue is available at https://www.epa.gov/mvac/epa-regulatory-requirements-mvac-system-servicing)

What Happened:  In the parking lot of a dealership in southern California, an individual was rinsing cars with DI water using pressure washer equipment located on the back of a pickup truck.  The pressure washer had a gasoline powered motor.  During the course of rinsing, the gasoline level went low.  The operator got a can full of gasoline and started pouring gasoline into the gasoline tank on the pressure washer while the motor was running.  A fireball and explosion resulted.  The gasoline spilled on the plastic bed of the pickup truck and the flames quickly melted the plastic.  Surprisingly, the operator suffered minimal injuries and there were no damages beyond the pressure washer equipment and bed of the pickup truck.  The General Manager noted that years of safety traning and preparedness paid off.  Employees trained by CSI, responded quickly with fire extinguishers, and put out the fire. The fire could have seriously harmed the operator and expanded beyond the truck.  Safety training in both handling and storage of flammable materials and emergency response is paramount to avoid such types of accidents.

Gas Can:  The maintenance and operation of gasoline tanks, both aboveground and underground, has become expensive, highly regulated, and burdensome.  Automobile dealers have resorted to gas dolly equipment where a small amount of gasoline can be added to each new automobile delivered to the dealership.  We note that automobiles delivered to dealerships from manufacturers have very small amounts of gasoline; this being a result of U.S. Department of Transportation (DOT) regulations, which dictate that minimal amounts of gasoline be retained in gas tanks of vehicles in transport.  This memo briefly discusses the DOT, OSHA, and CARB regulations applicable to the gas can used to transport from a public gasoline station to dealerships for a later fill in automobiles on the lot.

Federal DOT Regulations:  Gasoline transport is discussed in Section 173.6 of the DOT regulations under “material of transport exceptions.”  The least burdensome regulations require that a container being used to transport gasoline must be less than 8 gallons per container and a maximum of 72 total gallons (440 pounds) on the vehicle.  At this level, only a regular driver’s license is needed, and no placarding is required for the vehicle.  Driver training must include Hazard Communication Program (29 CFR 1910.1200) and DOT Materials of Trade training.  Transport of gasoline in the amount greater than listed above increases the regulatory burden. https://www.nwcg.gov/sites/default/files/publications/pms442.pdf  http://www.gpo.gov/fdsys/pkg/CFR-2011-title49-vol2/pdf/CFR-2011-title49-vol2-sec173-6.pdf

Federal OSHA Regulations: Safety regulations and other safety concerns for gasoline containers are as follows:

• Properly labeled container with hazard warnings.  Wear eye protection and nitrile gloves.
• The containers must be secured in the vehicle.
• Containers UL certified.
• Containers must be closed so as to minimize the risk of spill and creating a fire hazard.
• Spill proof spouts also lock in vapors so as to avoid vapor release while in storage. Do not overfill gas tanks on automobiles. 
• Store on a flat surface and transfer in areas with good ventilation or open areas.
• 29 CFR § 1926.152(a)(1) states that “Only approved containers and portable tanks shall be used for storage and handling of flammable liquids. Approved safety cans or DOT approved containers shall be used for the handling and use of flammable liquids in quantities of 5 gallons or less…”
• Bonding of containers to eliminate static electricity both at the time of filling up the containers and when transferring from container to container should be undertaken. Keep containers on the ground when filling and not on the bed of the truck. Use grounding wire when necessary. Keep nozzle in contact with can during filling. Do not fill containers over 95% to allow for expansion. Spilled gasoline must evaporate before containers are put on the truck.
• Transport vehicle must have a spill kit available to contain an accidental spill. Operator must be trained on containing, cleaning, and managing an accidental spill.
• Ignition sources such as open flames, torches, running motors, electrical tool & equipment,  etc. must be at least 20 feet (measured horizontally) from the flammable material 29 CFR § 1926.352(c).
• One 5-B:C or two 4-B:C fire extinguishers are mandatory on the vehicle transporting gas.

Plastic or Metal: Studies at Worcester Polytechnic Institute’s Department of Fire Protection Engineering, as reported by NBC News in late 2013, have indicated that under certain conditions, plastic cans are vulnerable to fires with an explosive force. The conditions that present the higher risk include having a very small amount of gasoline (a few teaspoons) inside the gas can, cool temperatures, tilting the can at 42 degrees (typical pour angle) and of course a spark! The employees should be trained to avoid these risky conditions and even buy metal cans in the future. https://www.nbcnews.com/news/world/watch-gas-can-explode-lab-test-flna2d11691287

CA Air Resources Board (CARB):  As of July 1, 2007, all Portable Fuel Containers (PFC) sold in California must be certified by the Air Resources Board as meeting low-emission standards and regulatory requirements. This regulation is applicable to manufacturers and retailers who place the gas cans in the stream of commerce. Only containers of ten gallons or less are covered by this regulation, so the sale of a twenty-five gallon gas caddy for shop use is exempt from CARB regulations. The following table provides a listing of those CARB approved containers certified for sale. http://www.arb.ca.gov/consprod/fuel-containers/pfc/eo/eo.htm

Summary:  CA based businesses have only CARB approved containers available. Other states may use these CARB approved containers with vapor locks that are spill proof and emit negligible flammable vapors and hence, are safer. Training in hazardous materials, including information on risks associated with plastic cans, should be provided to employees. Following safety and operation instructions on the PFC is also mandatory.

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.

Senate Bill 606 makes amendments to California Labor Code that became effective January 1, 2022, giving Cal/OSHA expanded powers and increased penalties.  The bill creates two new categories of violations; “enterprise-wide” and “egregious.”  The bill also authorizes Cal/OSHA to issue a subpoena should an employer fail to provide Cal/OSHA with information related to an investigation.  Citations for enterprise-wide violations have the same penalties as willful or repeat violations, with a maximum penalty of up to $136,532 per violation.  Below, we discuss these categories and subpoena powers with their potential impact on California employers.

ENTERPRISE-WIDE VIOLATIONS (SECTION 6317 of California Labor Code)

The bill creates a rebuttable presumption of an enterprise-wide violation when Cal/OSHA finds either of the two conditions below:

·         The employer has a written policy or procedure that violates any Cal/OSHA rule, order, or regulation as stated in the California Labor Code.

·         Cal/OSHA has evidence of a pattern or practice of the same violation or violations committed by the employer at multiple worksites.

When Cal/OSHA enforcement recognizes that an employer has multiple worksites that may have common policies and procedures, an enterprise-wide citation and abatement orders can be issued.  The employer will then have to prove that the other worksites have different policies, procedures, and written programs and hence the violation cannot be enterprise-wide.  The penalties for enterprise-wide violations are same as the current penalties for repeat violations with a maximum of $136,532 per violation.  This can be problematic for employers with multiple worksites in California that share a common safety program such as Illness & Injury Prevention Plan (IIPP) or COVID-19 Prevention Plan (CPP).

EGREGIOUS VIOLATION (SECTION 6317.8 of California Labor Code)

Cal/OSHA finds an employer has committed an “egregious violation” if one or more of the following are true:

• The employer, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation.
• The violations resulted in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses. For purposes of this paragraph, “catastrophe” means inpatient hospitalization, regardless of duration, of three or more employees resulting from an injury, illness, or exposure caused by a workplace hazard or condition.
• The violations resulted in persistently high rates of worker injuries or illnesses.
• The employer has an extensive history of prior violations.
• The employer has intentionally disregarded their health and safety responsibilities.
• The employer’s conduct, taken as a whole, amounts to clear bad faith in the performance of their duties.
• The employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that may be in place.

SB 606 requires Cal/OSHA to treat each employee exposed to an egregious violation as a separate violation and issue fines and penalties commensurate with such violations.  The employer can be subject to a significant multiplier in penalties when many violations are found to have impacted multiple employees.  Cal/OSHA has issued multiple penalties under COVID-19 Emergency Temporary Standards when the employer failed to implement policies such as separation, sanitizing or face mask protocols.

SUBPOENA POWERS (SECTION 6317.9 of California Labor Code)

The bill provides Cal/OSHA with subpoena powers for information related to an investigation.  Cal/OSHA has already had a formal document request process during investigations. (https://www.dir.ca.gov/DOSHPol/Document_Request1AY_072308.pdf).  The bill adds that Cal/OSHA can issue a subpoena if the employer or related entity fail to promptly provide the requested information within a reasonable period of time.  We have observed that DOSH Legal has, in the past, issued “Requests for Discovery” following an employer appeal of serious citations.  The subpoena power adds a layer to the discovery tools available to Cal/OSHA.  The term ‘reasonable time’ is not defined in the bill making it subject to the discretion of the Cal/OSHA District Manager conducting the investigation.

The new law also allows Cal/OSHA to seek injunctive relief from the Superior Court restraining the use of an equipment or process at a specific worksite if the Division has grounds to issues a citation without any bond requirements.  This is another addition to the enforcement powers of Cal/OSHA. In the past, injunctive relief was only available when the “…machine, device or apparatus or equipment constitutes a serious menace to the lives or safety…” 

Summary:  Employers with multiple locations must have their written safety programs and policies reviewed and vetted by professionals and ensure compliance across sites as risks and penalties can be significant.  Subpoena power and other discovery tools may lead Cal/OSHA to add citations and related penalties.  Special attention should be given to programs including, but not limited to, CPP’s, IIPP’s, Hazard Communication Program, and Personal Protective Equipment Program.  Where applicable, making safety programs location specific may also help.  Last, but not least, employers should treat Cal/OSHA citations with urgency and caution.  Employers have 15 days to file an appeal.  If a timely appeal is not filed, the citations and penalties cannot be contested.  In high stakes cases competent counsel should be retained to handle investigations, file appeals for citations, if any, and provide a professional defense.

Source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB606

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 34 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). Our newsletters can be accessed at www.epaoshablog.com.  Your comments/questions are always welcome. Please send them to sam@cellyservices.com.