Every October, the Department of Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff. One remarkable thing about the list is that it rarely changes. Year after year, thousands of the same on-the-job hazards are cited, any one of which could result in a fatality or severe injury.
Injury Log Requirements & Accident Reporting to Fed-OSHA, September 2016
LOG 300, 300A & 301 REQUIRED FOR AUTO DEALERS
Background: Cal/OSHA now requires auto dealers and other employers to keep a record of occupational injuries and illnesses using OSHA Log 300. We note that Fed-OSHA had issued these requirements to auto dealers in 2015.
Used Oil Filters – The Other Shoe Drops (CA ONLY), August 2016
BACKGROUND: Used oil filters may exhibit hazardous characteristics and are hence, classified as hazardous waste in California. To encourage recycling of used oil filters, California DTSC adopted reduced handling requirements for drained used oil filters that are sent for recycling as scrap metal. We wrote about that in July 2016 stating that you should drain the filter properly. Now the DTSC (Cal/EPA) has started to classify all used oil filters, with a flapper valve that prevents oil from being drained out, as hazardous waste.
Brouhaha Over Paper or Metal – Management of Used Oil & Fuel Filters (CA ONLY), July 2016
BACKGROUND: Used Oil Filters may exhibit hazardous characteristics and hence are classified as hazardous waste in California. To encourage recycling of used oil filters, California DTSC adopted reduced handling requirements for drained used oil filters that are sent for recycling as scrap metal. Used oil filters must not be disposed in trash cans or at nonhazardous waste landfills. Legislation was enacted in 2004 (AB 2254, Aghazarian) that allowed spent fuel filters from automobiles be added to spent oil filters for disposal.
July 1, 2018 Deadline to Upgrade Booth (For Some) & July 1, 2019 Deadline for All, July 2016
South Coast Air Quality Management District (SCAQMD) is the regulating agency for air quality in the LA basin and has implemented emission limits on NOx that require paint booth burner upgrades. We last wrote to you in 2014 regarding these rules that apply to body shops concerning booth maintenance and documentation of NOx emissions limits for equipment burning natural gas, such as dryers, ovens, and afterburners, located at your collision center paint booth. The deadline for compliance was July 1, 2014 to upgrade your booth.
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.
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.
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.
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.”
SCAQMD Throughput Reporting Requirements, January 2016
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.
