MARYLAND DEALERS ARE BEING TARGETED BY STATE AND FEDERAL
REGULATORS
www.kpaonline.com
(866) 356-1735
Questions
• If you have questions during the presentation, please submit them using the “Questions” feature
• Questions will be answered at the end of the webinar
Introduction from Travis Martz…
KPA – Company Profile
Nationwide compliance auto industry expert on Safety, Environmental, HR, and Internet Marketing
Colorado Headquarters
26 Years Experience
4000 + Clients– Dealerships, Service,
Repair, Collision Centers
20 Offices Serving 43 States
Compliance products and services– OSHA– DOT– EPA– Workers’ Comp– Background checking– Onboarding– Harassment – Red Flags– Onsite inspections– Online and onsite training
and tracking– And many more…
In the press: “Red Tape Rising”
• Jan 22nd 2011 Article from The Economist – “Red Tape Rising”
• 167% Increase in Workplace Safety Violations
• 16% Increase in regulatory workforce
• Millions dumped into OSHA/EPA – “Foot Soldiers”
In the press: “OSHA is on the Prowl”
• Auditors “out and about” looking for violators
• Fines can range from 20K-90K
• 3 Calls: Good, Bad, and Ugly
• This is a cost “NOT covered by insurance”
• Is safety the real goal???
Real Word Examples
Proactive, yet still reactive – New Whistle Blower initiative – August 1st, 2011
Repeat Offender Classification (Groups Beware!) – examples of non fines at one location turning into 4x’s the fine at others
*2004-2008 – 60 Inspections in MD/VA
*2009 – March, 2012 – 122 Inspections in MD/VA
*MD State Agencies don’t report to US DOL site, so the #’s are actually much higher than listed above
GENERAL DUTY CLAUSE
Federal OSHA 5(a)1
Are you covered?
HAZARD COMMUNICATION
Written Program
Chemical Inventory
Material Safety Data Sheets
Container Labeling
Employee Training
EMERGENCY RESPONSE
Fire and Explosion
Facility Evacuation
Spill Response
Chemical Overexposure
Natural Disasters
EXAMPLE EMERGENCY EVACUATION MAP
PERSONAL PROTECTIVE EQUIPMENT
• Hazard Assessment• Employee Training
RESPIRATORY PROTECTION
Written Program
Medical Evaluations
Fit Testing
Training
High Liability
STORAGE TANK MANAGEMENT
Compliance Review• Underground Storage Tanks (USTs)• Aboveground Storage Tanks (ASTs)• SPCC Compliance
16
Permitting / Registration• Tier II Reporting - State• City Reporting• County Reporting
NEW SPCC REGULATIONS
Allows self certification using a template
Less than 10,000 gallons storage
No oil discharges over 1,000 gallons
No containers greater than 5,000 gallon storage
DEADLINE FOR COMPLIANCE WAS:
Nov 10th, 2011
DOT, FAA, TSA oh my!
Regulatory Procedures
1. Go to Airports
2. Pull HazMat Shipping Papers
3. Visit facility and audit signer of air bill
4. Call 24 hour emergency # while on site
5. Audit facility programs and procedures
Inspectors have a weekly quota for audits
Maryland Specific Regulations
UST’s – daily, monthly, yearly, biennial, etc
AST – above 1000G need to be registered
Biennial Haz Waste reporting – 1/10th Fed
MD Specific Generator Levels – MD 2 / Fed 3
Tier II – Permitting - $40 – PROACTIVE
MOSH Chemical Inventory and High Usage Permit
TRUE COST OF AN ACCIDENT
Hidden Costs
• Damaged to lot, autos or equipment
• Unhappy customers• Clean-up time• Schedule delays• Training new
employees• Overhead costs• Damage to
reputation in community
• Lost time by other employees
Direct Costs• Insurance
costs
• Claim costs
• Lost time
• Medical bills
• Legal fees
SAFETY PAYSSAFETY PAYS
Sales required to Pay for an Accident…
Accident Cost
Dealership Profit Margin
1% 2% 3% 4% 5%
$1,000 $100,000 $50,000 $33,333 $25,000 $20,000
$5,000 $500,000 $250,000 $166,667 $125,000 $100,000
$10,000 $1,000,000 $500,000 $333,333 $250,000 $200,000
$25,000 $2,500,000 $1,250,000 $833,333 $625,000 $500,000
$100,000 $10,000,000 $5,000,000 $3,333,333 $2,500,000 $2,000,000
HOW WILL YOU FARE?
Required Documentation:• Haz Comm (training)• Emergency Resp – (training)• PPE (training)• RPP (for paint work) / (training)
Physical Shop Compliance:• Stored Properly/Labeled Properly• Safety Hazards• Lifts Inspected• Monthly self inspections conducted?
FACILITY COMPLIANCE & SAFETY EVALUATION
Evaluation By KPA• Written Programs
• Training Records
• Compliance Issues
• Shop Issues
Webinar or Onsite
Formal Report• Summarizing Areas of Opportunity
KPA’S COMPLIANCE SYSTEMS
QUESTIONS?
FREE CONSULTING TIME!!!