Citations

The Pep Boys Story: A New Kind of Repeat OSHA Violation

Tuesday, March 8th, 2011

Recently,  OSHA cited Pep Boys for serious and repeat safety violations. The chain faces a total of $75,000 in fines. The unusual part of the report is the way that OSHA counted the violations.

What happened is that in 2009, a citation was issued to a facility in one location for OSHA violations. In 2011, a different Pep Boys facility was found to have similar hazards as the first facility. This second location was issued fines for serious and repeat violations because OSHA counted the violations as though all Pep Boys facilities are a single unit.

The implication is that OSHA expects company-wide communication from all businesses with more than one rooftop. This is why the Instant Compliance Visibility feature of MyKPAOnline delivers a quick snapshot of compliance for all levels of the organization down to the individual manager.

Your Parts Grinder Can Pass an OSHA Inspection. Here’s How.

Monday, March 7th, 2011

OSHA recently issued five citations totaling $75,000 to the Pep Boys auto service company after a facility inspection in Hamden, CT for a “repeat violation.” The previous citation was at a different franchise location. At the center of the fines is a parts grinder.

Parts grinders, or abrasive wheel machinery, were the third most cited auto dealership violations in 2010. Parts grinders are citable violations because by nature, they involve contact between employees and equipment. Robert Kowalski, OSHA’s area director in Bridgeport, warns the chain that, “It would be to the benefit of its workers’ safety company-wide for this employer to determine if similar hazards exist at other stores and to eliminate them if they do.”

Watch this two minute video. It explains what OSHA looks for in parts grinders during an inspection, how to comply with OSHA standards, and also has safety tips for parts grinder operators.

How To Ship Recalled Airbags

Tuesday, March 1st, 2011

Airbags contain hazardous materials. Requirements for commercial shipping of these materials vary depending on if your parts department will ship the airbags by ground or air.

Ground Shipments

  • Dealerships are required to provide DOT hazardous materials training for any employees involved with the activity of shipping airbags (or other DOT Hazardous materials such as batteries, lubricants, cleaners, additives, paint, etc.,)

Air Shipments

  • Shipping Hazardous Materials by air is inherently much more dangerous than ground transportation and involves more training, preparation and precautions.
  • Domestic shipments of hazardous materials require training that has an air shipment section that is DOT compliant as well as satisfying carrier specific requirements.
  • For international shipments air carriers are only able to accept hazardous materials packaged in conformance with the International Air Transport Association’s Dangerous Goods Regulations (IATA DGR).
  • To meet IATA DGR standards, any employees involved with the activity of shipping hazardous materials are required to maintain current IATA certification which takes at least 3 days of training to complete.

KPA recommends that all clients should review DOT certified employee status:

  • make sure that you have an adequate number of employees certified to cover all shifts where shipping and receiving activities occur, and that only certified employees engage in these activities;
  • ensure that all certifications remain current – certification is valid for 3 years, at which time employees must be recertified.
  • weigh the FAA audit risk and additional certification time and cost vs. the time savings in air shipment of hazmat.
  • Watch this 2 minute video “Air Shipping Protocols Auto Dealers Need To Know” also available at http://youtu.be/aEPXF2aEys8

 

Clients with additional questions on DOT hazmat certification, FAA investigations, and IATA certification are encouraged to contact their KPA engineer.

OMB Watch reports drastic increase in OSHA citations for 2010

Tuesday, December 28th, 2010

A new study by OMB Watch finds that the Obama administration has noticeably increased enforcement of workplace safety laws, and supporting data also showed that the administration was making consumer health and environmental regulations enforcement tougher.

In 2009, the Occupational Safety and Health Administration (OSHA) issued more than 68,000 citations – more than twice the amount of citations issued the previous year by the Bush administration. In 2010, the drastic trend upwards continued with citations skyrocketing at almost 114,000 by the middle of July.  You do the math and you can see how many citations might be issued in 2011 – maybe triple that amount and add a few more.

OMB Watch reported seeing similar trends at other agencies but none were quite as steep in comparison to the previous administration. The Environmental Protection Agency (EPA) increased the average amount for a fine against the Clean Water Act by nearly one-third during the Obama administration’s first 18 months; however, the penalties for serious violations were issued at a slightly slower rate compared to that of the preceding administration.

Please read more about OSHA safety compliance and how KPA can help you find a solution to support your dealership’s safety culture.

National Emphasis Program on Recordkeeping (NEP) targets manufacturing, larger worksites, and facilities with high injury rates

Wednesday, December 8th, 2010

On September 28, 2010, the federal Occupational Safety and Health Administration (OSHA) issued a revised directive to its federal pilot National Emphasis Program (NEP). The instruction to NEP to inspect the accuracy of the Occupational Injury and Illness recording and reporting requirements for establishments in selected industries such as manufacturing, larger worksites, and employers with higher injury rates than in the initial criteria, and to ensure appropriate enforcement of these requirements if employers are found to be underrecording injuries and illnesses.

OSHA launched its “National Emphasis Program on Recordkeeping” last year after various academic studies revealed that many companies were underreporting or incorrectly reporting workplace-related injuries and illnesses. Through the NEP, OSHA plans to enforce this type of inaccurate reporting.

The significant NEP changes include:

  • Broadening the industry targeting, with an emphasis on manufacturing.
  • Removing the deletion criterion for establishments that have recalculated days away, restriction, and transfer (DART) rates greater than 4.2. The new DART rate criterion for establishments under the program is greater than 4.2 and less than 8.
  • Increasing comprehensive training of its compliance staff to identify and correct violations of the recordkeeping regulation.
  • on company records from the 2008 and 2009 calendar years.
  • Focusing on company records from the 2008 and 2009 calendar years.

The NEP pilot program will continue through February 2012.

Read more here about this directive.

OSHA’s Top 10 Most Cited Violations for 2010

Wednesday, November 17th, 2010

OSHAOSHA’s Top 10 Most Cited Violations for the 2010 fiscal year was revealed at The National Safety Council (NSC) Congress and Expo in San Diego in EHS Today. Keeping with the trends of previous years, this new top 10 was only slightly different from last year’s top 10. Thomas Galassi, the director of OSHA’s directorate of enforcement programs, listed the 2010 top 10 at the NSC conference and said that OSHA generally sees “a degree of consistency in these violations” and that the “violations relate to falls, contact with equipment and exposure to harmful substances.”

For the second year in a row, we have compiled a list of the top ten violations by Auto Dealers for you.

  1. Hazard Communication
  2. Electrical safety requirements
  3. Abrasive wheel machinery
  4. Respiratory Protection
  5. General Duty Clause
  6. Personal Protective Equipment
  7. Walking/Working Surfaces (including stairs and ladders)
  8. Machinery and Machine Guarding
  9. Powered Industrial Trucks
  10. Medical Services and First Aid

Once again, our list was similar to our Top 10 list from last year. Hazard Communication was at the top of the list for a second year in a row and stands out as the most common violation cited by OSHA. Perhaps getting the word out about these haz-com requirements should be at the top of more public relations and association’s top 10 “to-do” lists. “These are very important,” Galassi said. “[They are] lessons learned in the workplace … lessons to take home.”

For more information about the Hazard Communication Standard, visit the OSHA’s Inspection Procedures for Hazard Communication Standards or learn more about OSHA safety, material safety data sheets (MSDS), and employee training.

Hazmat Training – Lives depend on it

Friday, November 12th, 2010

Tech training in service areaYou know how the old adage goes: “Train as if your life depends on it, because it does.” This is especially true when it comes to hazardous materials training – many lives depend on the proper training of Hazmat Employees.

As we have mentioned before, if you have hazardous chemicals in your facility (and remember that acetone and gasoline are hazardous chemicals), you must comply with DOT hazmat rules (Title 49 CFR 172, Subpart H) and OSHA’s Hazard Communication (“Right to Know”) Standard. If you don’t regularly ship hazmat or you are not a manufacturer of hazardous materials, don’t think that your dealership is immune to the regulations. Whether you or ship hazardous materials once per year or every day; around the block or across the country; in a small package or in a tank: You must protect your employees and the public from any potentially adverse effects of the chemicals being handled.

The idea is pretty straightforward: Workers have a right to know about the substances and chemicals with which they come in to contact, and any risks they may be exposed to, as well as the proper protective equipment to use. Under the Hazard Communication Standard, shippers are also required to maintain a database of Material Data Safety Sheets (MSDS) and a facility-specific chemical inventory of the chemical products stored and used throughout their facility.

Every employee who affects the safety of hazardous materials transportation is a Hazmat Employee and must be trained. This definition also applies to the owner or the operator of the vehicle transporting the hazardous materials in commerce or any employee who, during his or her course of employment:

  • Handles, loads, or unloads hazardous materials
  • Manufactures, marks, classifies, labels, packages, or otherwise represents containers, drums, or packagings which are classified for use in the transportation of hazardous materials
  • Prepares hazardous materials for transportation
  • Is responsible for storage and disposal of hazardous materials
  • Is responsible for safety of transporting hazardous materials
  • Operates or owns a vehicle to transport hazardous materials

Take this simple quiz to see if your dealership could pass an OSHA/DOT audit:

  1. Do you have records confirming at least one employee has DOT Hazmat Certification?
  2. Is this training being updated every three years?
  3. Did this training include the newly required “Security Awareness” training?
  4. Are you following the proper procedures for hazardous shipments using the proper labels, classifications, identification numbers, and packing groups according to the DOT’s hazardous materials table?
  5. Do you provide the required 24-hour emergency contact phone number on your shipping papers?

Read more of our EHS DOT blogs.

If you are unable to answer “yes” to every question, contact us to learn more about our new standalone DOT and MSDS service.

Acetone – More than Nail Polish Remover

Tuesday, October 12th, 2010

Acetone has a low toxicity and is a good solvent, making it as useful for removing nail polish as it is for degreasing and paint cleanup on the shop floor, but it also highly flammable. The acetone vapor (remember that vapor causes burns – not liquid) is heavier than air, can travel a considerable distance and can also accumulate in a confined space. Unfortunately, two workers cleaning a paint booth were not aware of the proper precautions to take when dealing with this highly flammable liquid, and were severely injured. The two Evansville, Tennessee companies involved in this incident are to be fined more than $100,000 by Indiana’s OSHA due to their negligence. The Agency alleges that two workers were mopping a large paint booth with acetone when one of the workers accidentally knocked over a halogen light. As it hit the floor, it ignited the acetone fumes into a flash fire. A flash fire is an unexpected, instant, intense fire that is instigated by the reaction.

The Evansville Courier & Press reports that Guardian Automotive is being fined $22,500 for a set of penalties the state categorized as serious. Team Industrial Services Inc., the agency that supplied the workers and instructed them to use the lamp and the cleaner, faces a steeper $84,150 fine. Of that amount, $63,000 is for a violation which state inspectors categorized as “knowing” — the most serious classification, and one used only several times per year, said Jeff Carter, the deputy state OSHA commissioner. “Knowing” violations are those violations where death or serious physical harm can result from a hazard an employer knew or should have known exists.

When dealing with flammable substance, you simply cannot be too careful. Take a few minutes to review the following tips:

1)   Know your chemicals, read all labels, and consult the MSDS (material safety data sheet)

2)   Remember that vapor burns, not liquid, so always work with adequate ventilation and avoid confined spaces

3)   Eliminate potential ignition sources, any heat source is potential ignition source

4)   Bond and ground when transferring flammable liquids, it only takes one spark

5)   Practice good housekeeping by segregating flammable substances and keeping them covered in closed containers

6)   Always use appropriate equipment to apply, transfer and store flammable liquids

Additional Resources

  1. OHSA www.osha.gov
  2. EPA www.epa.gov
  3. National Fire Protection Association www.nfpa.com
  4. International Code Council www.iccsafe.org

Predict, Plan, and Prepare – Be Ready for Workplace Emergencies

Friday, September 24th, 2010

The old adage “to fail to plan is to plan to fail” is certainly true when it comes to responding to a workplace disaster. Employers should establish plans to respond to disasters – natural and human-made – as a matter of corporate citizenship. As it is, many employers are required to establish plans by law.

According to OSHA the essential components of any plan are:

  • A preferred method for reporting emergencies
  • An evacuation policy and procedure
  • Emergency escape procedures and route assignments
  • Names, titles, and contact information for individuals both within and outside the company for additional information
  • Procedures for employees who remain to shut down or operate equipment to combat the emergency before evacuating
  • Rescue and medical duties for designated employees

To learn more about preparing for a workplace emergency,  check out the recorded webinar from KPA on September 9, 2010, titled, “When Disaster Strikes Will You Be Prepared?” The webinar covers best practices, regulatory requirements, and how to communicate effectively with employees during and after an emergency in order to minimize stress and anxiety.

Join the conversation: Could your employees respond to a natural disaster at your worksite?

OSHA modifies citation from per incident to per affected employee

Wednesday, August 18th, 2010

In the past, employers who failed to provide personal protective equipment (PPE) and training to a group of employees would be given one violation for the entire group. Recently however, OSHA has modified its language in the PPE rule to indicate that it can issue these violations on a per-employee basis. For instance, if you have a hundred employees in a working area who are not provided PPE, you can receive a hundred citations – one for each unprotected employee in the area – rather than one single citation which used to be the case. Therefore, if you were once cited $1,000 for the incident, now that would escalate into a hefty penalty of $100,000 for each individual not covered.

This substantially increases these already-pricey fines. If you are caught without proper hazardous materials training or PPE, you will be cited for a small fortune. Additionally, you have a moral obligation to provide a safe working environment to your employees.

It’s a good idea to invest in your shop’s PPE expenses now than to be on the receiving end of this penalty. Be proactive and review your compliance with OSHA’s rules on PPE and hazmat training.

To read more about this rule, please visit OSHA’s website.