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.
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.
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.”
SCAQMD RULE: ANNUAL REPORTING OF GASOLINE USAGE (AST AND UST)
All dealerships with aboveground storage tanks (AST) and/or underground storage tanks (UST) must report monthly throughput data for each month of 2015 to the SCAMQD by fax to (909) 396-3761. Deadline for reporting is March 1, 2016. Click here for the form.
CAL-EPA REGULATIONS EFFECTIVE 1/1/16
90-Day Storage Limit: Automobile dealerships generating more than 1,000 kg of hazardous waste per month must dispose of hazardous waste within 90 days (otherwise the facility must obtain a storage permit, an arduous process). Almost all dealerships generate more than 1,000 kg (about 300 gallons) of used oil and used coolant per month and hence, must limit storage to 90 days. In the past, local enforcement agencies excluded used oil from these calculations so all dealers fell below the 1,000 kg/mo. level. The new law, SB 612, clarifies the fact that all hazardous waste generated at the facility are counted towards the 1,000 kg/mo. calculation. For facilities generating less than 1,000 kg/mo. of hazardous waste (Federal Term: Small Quantity Generator), the maximum accumulation time is 180 days or 270 days if the waste must be transported more than 200 miles for treatment and disposal.
In summary, each hazardous waste storage container must have a proper date of accumulation marked on each container along with EPA required waste labeling and secondary containment requirements. The waste must be disposed of within 90 days of the start date. Almost all facilities have used oil pickup on a 30-day or more frequent cycle. However, other smaller waste streams, such as used coolant or contaminated fuel, are not on the radar screen. Dealers must ensure that these wastes are now on a 90-day pickup cycle through a licensed and registered hazardous waste hauler. Contact your hauler to set up a required pickup schedule immediately.
BACKGROUND: Safety inspections of the shop, parts, and car wash area have revealed that many employees are not wearing appropriate footwear that will protect them from foot injuries caused by crushing or falling objects, such as a rotor or a battery. Penetrating actions may happen from a sharp object left on the shop floor. Also, footwear in the shop area must be slip resistant when employees are working on slippery surfaces, since slip hazards are common due to accidental spills of lubricants in the shop. The porters in car wash are also subject to slip and fall hazards created by water and/or soap on the floor, and as such, their shoes must provide traction.
Introduction: Workers’ Compensation (WC) insurance costs to the dealership are increasing more than other costs and much faster than inflation. In this newsletter, we explain:
- How WC Insurance Premium is calculated based on payroll
- How manual premium rates are based on risks of the worker, e.g., the office worker has a lower manual rate compared to an auto service technician due to hazards on the job
- How employers with greater injury rates have a higher Experience Modifier (ex-mod)
- How a higher ex-mod results in higher premiums
- How WC rates have climbed over the years
- How Medical Indemnity has more than doubled over 15 years
- How Allocated Loss Adjustment Expense (ALAE) per Indemnity Claim has tripled over 15 years