Workers’ Compensation, Proposition 65, Log 200, etc., August 2001

What’s Up 40%?

You think it’s your energy bills, wish it was your sales, but actually, it is your workers’ compensation insurance!  Last year workers’ compensation premiums increased about 40% and this year it is expected to be up 30%.  California amended its workers’ compensation law in 1995 to provide a more competitive field for insurance companies, thereby reducing the premiums for employers.  In 1995, the law that required employers to pay workers’ compensation insurance was modified to an open rating system from a rate fixed by the state.  The 1995 regulations sparked a price war amongst insurance companies much to the delight of employers. However, the premiums that went down about 50% in the year following the deregulation are up about 8% from the pre-deregulation days.

Insurance companies have reportedly increased the premiums to cover up their losses.  Last year they lost about $3 billion in California alone.  To make matters worse, some of them went belly-up or left the business in the state to minimize their exposure. For example, the second largest writer of workers’ compensation insurance in California, Fremont General Corp., is now under voluntary state supervision for its poor financial condition.  Another reason was that when the stock market headed south, many insurance companies that had their fortunes tied up in the market got pummeled.

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Tires, Money, Rules, etc., April 2001

Tires – Keep on Trucking

Late last year, the California legislature made significant changes to the California Tire Fee and used tire management programs.  These issues were dealt in detail in our November 2000 newsletter.  As part of the law enacted in late 2000, the regulating agency, California Integrated Waste Management Board (CIWMB) has developed new forms for dealers to report used tires generated at their facility.

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Civil & Criminal Penalties, First-Aid, Penalties, etc., November 1999

Civil & Criminal Penalties Increased for OSHA Violations

On October 5, 1999, Governor Davis signed into law a bill which increases the civil and criminal penalties for willful, serious and repeat violations of occupational safety and health (Cal-OSHA) standards.  The law goes into effect on January 1, 2000, which gives the district attorneys more flexibility to prosecute as either a misdemeanor or a felony, willful violations of safety standards which result in a death or permanent/prolonged impairment.

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Cal/OSHA Adopts New Ergonomic Standard, July 1997

Cal/OSHA’s ergonomic standard has been adopted amid much controversy.  The California Occupational Safety and Health Standards Board adopted on April 17 a simplified regulation to protect employees from repetitive motion injuries (RMIs).  Section 5110 of Title 8 of the Californian Code of Regulations (General Industry Safety Orders) requires employers to institute a program designed to minimize RMIs whenever two or more employees doing substantially the same repetitive activity suffer a musculoskeletal injury that a licensed physician attributes to a repetitive motion task performed on the job.  This standard is not retroactive and the RMIs must be reported to the employer in the last 12 months.

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Volatile Organic Chemicals (VOC) Reclaim Program Discontinued, January 1996

VOC Reclaim Program Discontinued

In late 1995, dealerships in the South Coast Air Quality Management District (SCAQMD) with a bodyshop received a VOC RECLAIM package from the SCAQMD.  The package was sent to all facilities that had VOC discharges in excess of 4 tons/year in 1990 or any subsequent  year.

The VOC RECLAIM program required the dealership to reduce  the amount of VOC emitted to the atmosphere in a phased manner beginning in 1997.

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