TO MIX OR NOT TO MIX – OLD RULE
SEPARATION OF PAPER & METAL: In 2016, California EPA started to enforce hazardous waste regulations regarding used oil filters. While crushed metal oil filters could be recycled as scrap metal, paper cartridge filters and metal oil filters (with free flowing used oil upon puncture) were to be disposed of as hazardous waste. Dealers started to separate the two types of oil filters and dispose of them as two different streams.
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.
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 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.
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.
RECORDABLE: Federal-OSHA requires auto dealers to keep a record of occupational injuries and illnesses using Log of Work-Related Injuries & Illnesses (OSHA Form 300). We discussed this in great detail in our October 2014 Newsletter. We note that first-aid is not recordable on OSHA Log 300. The federal legal definition of first-aid is as follows:
A number of auto dealers in Orange County, California are involved in a lawsuit over improper disposal of wastewater to storm drains. A company that previously was involved in cleaning the shop floors at some of these dealerships has filed the lawsuit. While the legal theories being used in the lawsuit are complex, the objective of this article is to reinforce proper wastewater disposal procedures for the dealerships.