Many businesses, including dealerships, are currently exempt from keeping an OSHA 300 Log, depending on which SIC code their accounting department uses. All business activities that generate revenue are assigned a SIC code, based on the activity that generates the most revenue. Applicable dealership Exempt OSHA 300 Log SIC codes include New and Used Car Dealers (SIC Code 5511), Used Car Dealers (SIC Code 5521), and Motorcycle Dealers (SIC Code 5571)
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OSHA has instilled a variety of requirements for shops that have employees who wear respirators. This applies to any facility that conducts any spray coating operations including painting, priming, or rustproofing. To stay in compliance, make sure that you adhere to the following:
Not every dealership has a forklift onsite, but if you do, you are subject to the OSHA Powered Industrial Truck regulations. Review your OSHA paperwork and make sure you are compliant with the following laws:
Keep your files up to date and your employees trained to avoid OSHA forklift fines!
Employees have a right to report alleged non-compliance to federal and state agencies without fear of retaliatory firing or demotion- no ifs, ands, or buts. A violation of an employee’s protected conduct of reporting potentially illegal or dangerous circumstances, the Department of Labor has made it very clear that retaliatory firing will not be tolerated.
A historical case of retaliatory firing landed one company with a $110,000 back wage payment, as well as fines imposed by OSHA, After an employee reported mechanical issues with his truck and was fired the next day, United Auto Recovery was required to rehire the employee, pay back wages and punitive damages, and was required increase trainings on employee rights, as well as to improve the workplace by posting employee rights posters.
Traditionally OSHA and the EEOC (Equal Employment Opportunity Commission) have been the primary investigators of complaints of retaliatory firing. Other agencies, including the SEC and FTC, have become involved with strong whistleblower protections under Sarbanes Oxley for employees of public companies; new laws including The Patient Protection and Affordable Care Act of 2009, which creates whistleblower protections for employees in the health care sector; and The Dodd-Frank Wall Street Reform and Consumer Protection Act, which provides expansive protection to whistleblowers in the financial services industries.
The bottom line is that you can’t afford to fire a whistleblower unless you have absolute, irrefutable evidence that the firing had nothing to do with the report of fraud, complaint of discrimination, or safety issues.
Under the OSHA Injury and Illness Recordkeeping and Reporting Requirements, most employers are required to record work-related injuries and illnesses using the OSHA 300 Logs. However, many businesses, including car dealerships, are currently exempt from most of the requirements, dependent on store’s primary Standard Industrial Classification (SIC) code.
I2P2 was presented a few years as a top priority for OSHA and then we didn’t hear much about it for a while. Earlier this week we read an update again in this article that two of the nation’s largest worker safety associations — the American Society of Safety Engineers and the American Industrial Hygiene Assoc. — are pushing the Occupational Safety and Health Administration (OSHA) to make the injury/illness prevention program (I2P2) rule a top priority in 2013.
Keep your labor law postings current with KPA’s new Employment and Labor Poster Store.
Have you ever paused in your break room and tried to read the labor law posters hanging on the wall? Perhaps you chuckled when you noticed the ancient soup stains, the faded letters … and the copyright date of 2002.
Maybe labor laws have changed since then?
HR professionals are pretty busy. Updating the state and federal labor law posters is one of the many compliance tasks they need to get done as quickly as possible.
This is why KPA has launched an easy-to-use online store with state and federal posters for the entire U.S. You can:
While a 10-year-old poster covered with Joey’s goulash accident may seem a tad funny when you’re sipping your morning coffee, it can trigger a hefty fine from the Department of Labor. Businesses are required to feature federal and state labor law postings in common areas frequented by employees and applicants.
We hope you’ll enjoy our new Employment and Labor Poster Store. If you have any questions, call one of our labor law poster experts at 1 (888) 369-9013.
We all know that drinking enough fluids is an essential part of staying safe during the summer. But exactly how much water is enough, especially when it’s really hot? And does it really matter what you drink, or when?
For employees who are physically active in extreme heat, KPA’s safety team recommends the following:
Basically, keeping yourself and your staff hydrated in the heat takes effort and planning. If you’d like to learn more, read these blog posts: How to Keep Cool, Heat Illness Prevention Programs and How to Manage Heat Exhaustion at Work.
How would your Parts Department fare today, if you received a safety inspection? Our engineers have found 7 common areas where things go wrong. Some are pretty easy to spot, but some are less obvious. Let’s take a look at a few:
1) Unsafe storage on shelves
If you have sprinkler heads in your Parts Department, make sure items stored on the top shelf don’t obstruct the sprinkler heads. If you don’t have sprinkler heads, keep two feet of clearance between the roof and the top shelf of your storage.
2) Electrical panels
Make sure you have at least three feet of clearance around all sides of your electrical panels. You may want to use caution tape, or something similar, to mark the area that must stay clear.
3) Batteries
Do you have used or warranty batteries stored in the Parts Department? Most dealers do. Make sure that they are in containers that eliminate battery acid spill on the ground. It’s also best to have baking soda on hand to make sure that any acid spills can be quickly neutralized.
4) DOT hazardous materials training
DOT training is required and due every three years. This applies to your Parts Department if they ship any kind of hazardous materials like seat belt pretensioners or air bag modules.
Want to guess what the other 3 pitfalls are?… There are also numerous hazards related to light bulbs, upstairs storage areas and forklifts.
To get more information on all these safety pitfalls, watch KPA’s 3 minute video.
OSHA’s inspections not only prevent workers from getting hurt on the job, they also save billions of dollars for employers through reduced workers’ compensation costs. A recent study by business school economists at the University of California and Harvard University followed more than 400 worksites in California after each site underwent an OSHA inspection.
The study, entitled “Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss,” appeared in the top scientific journal Science and reports that workplace injury claims dropped 9.4% at businesses in the four years following a randomized OSHA inspection, compared with employers who were not inspected. Those same employers also saved an average of 26% on workers’ compensation costs, compared to similar companies who were not inspected. This means that the average employer saved $355,000 (in 2011 dollars) as a result of an OSHA inspection. Benefits were observed among both small and large employers. Nationwide, these savings to employers amount to an estimated six billion dollars.
While it’s great to know that safety pays, you don’t need to call OSHA to start saving. KPA’s Environment & Safety services are delivered by safety engineers with extensive knowledge in compliance- not only with OSHA, but also EPA, DOT, FAA, along with state and local agencies. As part of our service, they visit your facility and conduct regularly scheduled inspections without intruding on your work day. For our clients, this means reaping the savings, without the headache, potential fines, or paperwork from regulatory agencies.
