California ARB Regulations Impacting Aboveground Storage Tanks (AST), Gasoline & SCAQMD Rule 461(e)(7)(D) for both AST & UST, January 2015

CALIFORNIA ARB REGULATIONS IMPACTING ABOVEGROUND GASOLINE TANKS

California Air Resources Board (CARB), a division of Cal-EPA, is the regulatory body that controls emissions of pollutants into the atmosphere in the state of California.  CARB rules regarding gasoline AST upgrades such as Enhanced Vapor Recovery (EVR) Standing Loss Control (SLC) can be found at:  http://www.arb.ca.gov/vapor/cp-206.pdf.  APCD’s that require SLC and Phase I EVR are as follows: San Joaquin Valley (SJVAPCD), Sacramento Metro (SMAQMD), Ventura County (VCAPCD), San Diego (SDAPCD), BAAQMD and SCAQMD.  Check with your District for upgrades and related application that maybe necessary.

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California Employers Face Great Liability Under AB1897, November 2014

Background:  Many dealerships use a subcontractor on premises to wash automobiles and for other operations.  Current law regulates the terms and conditions of employment and establishes specified obligations of employer and employees.  Dealers can control the liability by having the subcontractor work under a written contract that indemnifies the dealership and also, provide the dealership with General Liability (GL) & Auto Insurance (dealer as additional insured) and Workers’ Compensation (WC) Insurance (with waiver of subrogation and dual employer endorsement).  Dealers must maintain arm’s length distance with contractor operations so as to avoid active supervision.  Also, liability accrues when the equipment provided by the dealership to the subcontractor, such as forklift or a ladder, is involved in an accident resulting in an injury to the contractor employee.

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Accident Reporting to OSHA & Injury Log Requirements, October 2014

OSHA INJURY LOG REQUIREMENTS

LOG 300, 300A & 301 REQUIRED FOR AUTO DEALERS

Background:  Prior to January 1, 2002 Cal/OSHA required auto dealers and other employers to keep an injury log known as OSHA Log 200.  Starting January 1, 2002, Fed-OSHA enacted Log 300, replacing the Log 200, but kept auto dealers exempt.  Good news was that California joined the Feds on 1/1/2002 and kept auto dealers exempt from logging requirements, as stated here.

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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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Are Your Gas Cans Safe?, February 2014

Download Available: IS MY GAS CAN SAFE

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.  We write this memo to discuss DOT, OSHA, and CARB regulations applicable to gasoline being transported from a public gasoline station to dealerships for a later fill in automobiles on the lot.

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