There are a few acts of omission or commission by the management that can get them to jail, i.e., the act is considered criminal in nature. Consider the case where a hoist in the shop is “jumping” (mal-functioning). The technician walks into the office of the Service Manager and informs that the hoist is not working and needs immediate repair. The Service Manager is busy in his every day chores and burdened with mounting expenses for the month, delays the repair of the hoist to the next month. Two weeks later, a car falls off the mal-functioning hoist and the operator employee is killed.
The National Transport and Motor Vehicle Safety Act of 1966 (15 USC 1381) requires all manufacturers of tires to provide tire registration forms to every distributor and dealer of its tires which offer new tires for sale. The law also unequivocally and unambiguously requires each independent dealer selling new tires to provide tire purchasers at the time of sale with a tire registration form. Further the law requires that before giving the registration form to the tire purchaser, the dealer “shall record in appropriate spaces” information as follows:
- Tire I.D. number of the tire sold/leased.
- Distributor/Dealers name and address or other means of identification known to the tire manufacturer.
Investigate Accidents: Save Money & Fight Fraud
A prompt, accurate and thoughtful accident investigation can, simply stated, save money and fight fraud. First, it is state law that mandates that an employer investigate each accident and take corrective measures to prevent repetition of accidents. Secondly, a written investigation report can be reviewed by senior management or the safety committee to undertake steps that would prevent such accidents in the future. Last and not the least, such reports can be useful ammo in fighting the 3F–Fictitious, Fraudulent or Frivolous claims. In summary, as an employer, it is your duty to provide a safe workplace and also to ensure that any worker’s compensation claim is legitimate and preventable in the future.
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.
You cannot dump your fluorescent lamps into the dumpster any more! The US EPA has made changes to waste rules applying to spent mercury-containing light bulbs that requires recycling of these lamps and prohibit landfill disposal.
The rule has been adopted to reduce the disposal of mercury containing wastes into landfills. Mercury is a toxic pollutant that accumulates in our body, especially for children who are at a high risk as they absorb more mercury as a percentage of their body weight. Examples of wastes that are being regulated under this new rule are fluorescent, high-intensity discharge, neon, mercury vapor, high pressure sodium, metal halide, thermostat (with metallic mercury in an ampoule), batteries (non-automotive), and lamp ballasts.
SCAQMD Rules Limiting Use of Cleaner Aerosols
On October 8, 1999, SCAQMD amended its Rule 1171 to limit aerosols used for cleaning purposes in the shop area to 160 oz.(about 10-11 cans) per day per facility regardless of the facility size. SCAQMD considers cleaners subject to the 160 oz. limit to be any aerosol with more than 50 g/L of volatile organic compounds (VOC’s). By definition, aerosols with less than 50 g/l of VOC are exempt from all provisions of the rule and do not trigger the 160oz. per day limit. And so are 100% acetone based cleaners as acetone is a compliant chemical not subject to VOC requirements.
Hazardous Waste Management — Cost Analysis
The California Attorney General’s Office has sent several automobile dealers notices regarding deceptive advertising practices being used for hazardous waste disposal charges. The Attorney General’s office is specifically concerned with advertisements (i.e. coupons) that list a price for a service with a notation “Plus Hazardous Waste Disposal.”