KPA Blog

Tip of the month

Implement the New DOT HazMat Rule

Wednesday, September 1st, 2010

Starting on October 1, 2010 the Department of Transportation will begin enforcing a revised Hazardous Materials transportation rule. This rule amends the Hazardous Materials Regulations to clarify requirements for using a third-party 24 hour emergency number.

KPA recommends you take both of the steps below to ensure your materials are easily identified in case of an accident. However, to be in compliance you should ensure at least one of the following is listed in close proximity to the 24 hour emergency number:

  1. Your facility name is clearly identified on the shipping papers.
  2. Your 24 hour emergency number provider account number is printed on the shipping papers.

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Now is the time to prepare, evaluate, update and implement your SPCC Plan

Sunday, August 1st, 2010

Compliance Tip of the Month

This year brings the hottest climate to the current state of environmental issues, and with the current focus of disasters such as the BP oil spill, enforcement is increasing and the consequences of non-compliance are expensive and potentially devastating.

The SPCC Rule essentially requires specific facilities to prepare, amend, certify, and implement an SPCC plan, thereby ensuring containment and countermeasures that will prevent oil discharges. Some elements of an SPCC plan include ensuring staff has undergone SPCC specific training, preparation of monthly self-inspection procedures and documentation, and a Five-year Plan review.

For more information, please see http://www.epa.gov/emergencies/content/spcc/index.htm

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Meet with your Insurance Broker to Update Benefit Plans Before Fall Enrollment

Thursday, July 1st, 2010

Compliance Tip of the MonthMost open enrollment periods for benefits programs happen in the fall so use the summer months to get a head start. After researching what health care reform requirements will impact you, schedule a meeting with your insurance broker. Draw on the agent’s expertise to walk through your benefits plans, plan by plan, and make changes where necessary (such as to the dependent age coverage limitations, which are increasing to age 26). Be sure that the broker and insurance carrier work together to present you with revised plan documents, as necessary. KPA offers a free webinar and white paper on How Healthcare Reform Impacts Dealerships.

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Check your air conditioning service certificates

Tuesday, June 1st, 2010

With the summer approaching and temperatures rising, EPA representatives have been visiting dealerships asking to see training certification records for air conditioning service technicians. Those unable to produce their records are facing stiff fines. In brief, a dealership should take care of the following tasks:

  • Technician Training and Certification: Ensure all dealership air conditioning service technicians have successfully completed EPA approved training on refrigerant recovery, and that each holds a uniquely numbered proof of certification.
  • Training Records: Retain on-site a record of all certified air conditioning service technicians if you own refrigerant recycling/recovery equipment.
  • Equipment Certification: Certify in writing to U.S. EPA that the dealership has acquired (and is properly using) approved recovery/recycling equipment, and that each individual authorized to use the equipment has been properly trained.

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Hire with the HIRE Act

Saturday, May 1st, 2010

Compliance Tip of the MonthSave money when hiring with the HIRE ACT and other tax credits. If you hire a new employee who has worked less than 40 hours in the past 60 days you, the employer, will immediately improve your cash flow since you will retain the employer portion of the Social Security tax ordinarily remitted. In addition you will receive up $1,000 tax credit for each previously unemployed worker you hire. The HIRE ACT tax incentives and credits are in addition to WOTC (Work Opportunity Tax Credits) and state hiring incentive credits.

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Bloodborne Pathogens: Big Deal or No Deal?

Thursday, April 1st, 2010

OSHA requires all employers that can “reasonably anticipate” exposure of employees to infectious materials to prepare and implement a written exposure control plan. The Bloodborne Pathogens regulation will be applicable, and adequate first aid supplies need to be readily available, if an infirmary, clinic, or hospital that is used to treat injured employees is not within 3-4 minutes of the workplace (per OSHA clarification of CFR1910.151). In case the regulation is applicable, OSHA requires all employers that can “reasonably anticipate” exposure of employees to infectious materials to prepare and implement a written exposure control plan.

As long as first aid and /or CPR are voluntary, most dealers are not affected by this regulation. Non-health care workers are not covered under this standard unless they are trained to provide first aid and/or cardiopulmonary resuscitation (CPR) as a mandatory part of their employment.

More information at http://www.kpaonline.com/ehs/osha/bloodborne-pathogens

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Secure Oil Distribution Pumps Daily to Avoid Slippery Situations

Monday, March 1st, 2010

Recently a dealership experienced a 500-gallon release of new lube oil when overnight one of the overhead lube oil distribution lines sprang a leak. The air powered pump at the oil tank detected a pressure drop and fired off. With no one around to see the oil spewing out of the broken line, it kept operating until the entire contents of the tank had been pumped out onto the shop floor, creating a tremendous mess. Many dealerships fail to secure the supply of compressed air to these pumps at the end of each workday. Thus any pipeline failure could result in a similar incident.

If your dealership operates these air driven oil distribution pumps it is important to ensure that, after hours, the supply of compressed air to these pumps is secured. A common way to achieve this is to shut off power to your air compressor and bleed your air lines. You may have other procedures that would work as well but the key is having an employee in charge of the process every day.

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Tip of the Month: Simple Four Step Plan to Reduce Employment Litigation Risks

Monday, February 1st, 2010

Compliance-TipEmployment litigation and high dollar settlements are on the rise in dealerships.    With the past 60 days alone a dealerships Colorado paid over$ 1.5M , an Ohio dealership paid  over $80,000 and a dealership in Georgia will pay $140,000 to settle claims of race, age and gender discrimination.  Consider taking these four simple steps to ensure your dealership is not next in line to pay a high cost employment litigation settlement.

1) Understand the law and your responsibilities as an employer. KPA offers free webinars on employment law and best practices presented by leading attorneys and HR professionals .
2) Establish legally appropriate policies and training for all employees. Make sure you keep complete and accurate record.
3) Invest in HR Management software to automate and force compliance in the hiring, employee management and termination process.
4) Purchase EPLI (Employment Practices Litigation Insurance) coverage for your dealership.

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Tip of the month: check if you meet the new SPCC rule compliance dates

Friday, January 1st, 2010

Self Certification An Option Starting January 14th 2010

Compliance-TipAfter an 11 month delay for additional public comment the EPA has finalized the December 2008 amendments to the Spill Control and Countermeasures Plan (SPCC) rules. If you recall, last year’s amendments were to reduce some of the regulatory burden on smaller oil handling facilities such as yours. As it turns out, the changes resulting from the extended public comment period have not had any impact on the amendments in your business sector. As with the previous rules if your facility has an aggregate storage capacity of over 1,320 gallons (including 55 gallon drums) of petroleum products, these amendments will affect your facility.

For more information about this upcoming rule change, read more in our January newsletter or join our SPPC webinar on January 14.

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Tip of the month: every facility conducting spray coating must file notification with EPA before January 10

Monday, December 7th, 2009

compliance tip of the month

An initial notification letter or a petition for exemption has to be filed with EPA regarding compliance with 40 CFR Part 63, Subpart HHHHHH (also referred to as the 6H rule). Every facility conducting vehicle spray coating operations must file an initial notification of compliance or a petition for exemption with the EPA by January 10, 2010. The initial notification is ordinarily submitted to both the EPA region where the facility resides, and the delegated regulatory authority, if any. Consult the list of delegated regulatory authorities (PDF) (2pp, 21k).

A free recorded webinar about the 6H rule is available to find out:

  • If you qualify for an exemption, and why you are probably better off not trying to claim the exemption.
  • Requirements for new facilities, and why your definition of a new facility is probably not the same as the EPA’s definition. For example, if you install new paint equipment the EPA may reclassify your shop as a “New Facility”

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