top compliance priorities
DESCRIPTION
TOP COMPLIANCE PRIORITIESTRANSCRIPT
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TOP COMPLIANCE PRIORITIES
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PRESENTED BY
Wayne CurtisDirector, Client Operations
678-298-5492
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THE NATION’S LEADER
ABOUT KPA • 23 Years Experience
• 3000 + Clients
• 50 consultants serving 43 States
• Degreed Staff
• Environmental and Safety Compliance Product
•22 State Automobile Dealership Association Endorsements
• HR Compliance Product•14 State Endorsements
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AGENDA
OBJECTIVE:
• Largest Reoccurring Fine Amounts• How to Avoid Them• Three Top Compliance Priorities
• EPA• DOT• OSHA
APPLICABILITY
• EPA – Any business whose operations services components of motor vehicle refrigerants
• DOT – Any business whose employees ship or receive Hazardous Materials
• OSHA – Any business whose employees work with chemicals
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STAFF SUPPORT
EPA MVAC COMPLIANCE
BACKGROUND
• The Clean Air Act of 1990, directs EPA to establish requirements to prevent the release of ozone-depleting substances.
• Chlorine is the ozone depleting agent found in CFC’s (R-12) and HCFC’s (R-22).
• The CAA sections dealing with ozone depletion are Sections 608 and 609.
• Section 609 addresses the mobile motor vehicle air conditioning (MVAC) industry.
• MVAC technicians can only service motor vehicle A/C systems used to cool passenger compartments.
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EPA MVAC COMPLIANCE
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WHAT IS REQUIRED FOR YOUR BUSINESS:
• Maintain records of the name and address to which refrigerant is sent for reclamation.
• Retain records demonstrating that all persons are in fact 609 certified.
• Records must be maintained onsite for 3 years.
• Must certify to the EPA that you are using approved recovery equipment.
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STAFF SUPPORT
THE FINES:
• Up to $25,000 per incident per violation
• Penalties are defined by the Clean Air Act Stationary Source Penalty Policy• Starting fine amounts, then • Economic benefit of non-compliance (# of non-compliant months), then • The severity of the violation (toxicity, harm to environment, etc), then• The size of the violator, then• Violator history
•Penalty Policy: “in the case of a company with more than one facility, the size of the violator is determined based on the company’s entire operation, not just the violating facility”
EPA MVAC COMPLIANCE
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STAFF SUPPORT
MVAC COMPLIANCE
Review the following websites for :
• More MVAC Information• http://www.epa.gov/Ozone/title6/609/justfax.html
• EPA Equipment Registration Forms• http://www.epa.gov/Ozone/title6/609/mvac_cert_form.pdf
• Listing of EPA approved Equipment –• http://www.epa.gov/Ozone/title6/609/technicians/appequip.html
• Listing of EPA approved vendors to conduct MVAC training• http://www.epa.gov/Ozone/title6/609/technicians/609certs.html
EPA MVAC COMPLIANCE
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DEPARTMENT OF TRANSPORTATION
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STAFF SUPPORT
BACKGROUND
Department of Transportation (DOT) Mission Statement: “Ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future.”
Hazardous Materials Transportation Act (HMTA) of 1975 Requires:• Identification & Classification• Packaging Requirements• Hazard Communication • Handling & Transporting
…of Hazardous Materials.
Hazardous Material - A material capable of posing an unreasonable risk to health, safety and property when transported in commerce.
DOT/FAA COMPLIANCE
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DOT / FAA COMPLIANCE
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DOT/FAA COMPLIANCE
WHAT IS REQUIRED FOR YOUR BUSINESS
HAZMAT Employer: A person or business who uses one or more employees in connection with:
• Transporting hazmat in commerce• Causing hazmat to be transported or shipped in commerce• Representing, marking, certifying, selling, offering, reconditioning, testing, repairing or modifying packages as qualified for use in the transportation of hazmat
HAZMAT Employee: A person who is employed by a hazmat employer and who directly affects hazmat transportation safety including a person who:
• Loads, unloads, or handles hazmat• Tests, reconditions, repairs, modifies, marks, or otherwise represents packages as qualified for use in the transportation of hazmat• Prepares hazmat for transportation• Responsible for safety of transporting hazmat• Operates a vehicle used to transport hazmat
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DOT / FAA COMPLIANCE
Each Hazmat Employer Must:
• Train And Test
• Certify Appropriate Training
• Develop And Retain Records Of Training
• 24 Hour Emergency Contact Number
• Retain shipping papers for any HAZMAT shipment
Hazmat Training Subjects Must Include:
• General Awareness/Familiarization
• Function-Specific Training
• Safety
• Driver Training (If Applicable)
• Security Awareness
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Hazard Communication
• Shipping Papers
• Packaging
• Marking
• Labeling
• Placarding
• Emergency Response
HAZMAT Table
• Mode Of Transportation Restrictions/Conditions
• Proper Shipping Name
• Hazard Class
• UN Or NA Identification Number
• Packing Group
• Required Labels
• Special Provisions
• Packaging Requirements
• Air Transportation
• Vessel Transportation
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TRAINING REQUIREMENTS
DOT Hazmat employees must receive training:
– Within 90 days of new hire
– Every 3 years
– When proficiency or understanding is not demonstrated
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24 Hour Emergency Contact Information29 CFR 172.604
• Placed on hazardous material shipping papers
• Monitored at all times the hazardous material is in transportation, including storage
• The person monitoring the number has knowledge of the material and emergency response information
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DOT / FAA COMPLIANCE
IMPORTANT EVENTS
May 11, 1996• Value Jet Flight 592• No HAZMAT training• Chemical Oxygen generators ignited
February 17, 2006 • DOT Raises the Maximum Civil Penalty from $32,500 to $50,000• DOT Raises the Maximum Criminal Penalty to $500,000 and up to 10 years in Prison.
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DOT / FAA COMPLIANCE
A receiver of an improperly packaged HAZMAT shipment is required by law to turn you in!
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OSHA
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STAFF SUPPORT
BACKGROUND: Essentially requires all chemical manufacturers and employers to communicate specific information to all workers regarding the hazards of workplace chemicals or products
• OSHA’s #1 frequently cited standard, the Hazard Communication Standard (CFR1910.1200) expanded to all industries in 1987
• Applicable to all industries whose employees are potentially exposed to hazardous chemicals
• More commonly referred to as “Right-to-Know”
OSHA’S HAZARD COMMUNICATION
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OSHA ENFORCEMENT
• President Obama’s Budget proposal:• $69 million increase for worker protection programs
• Hire about 177 new inspectors and investigators
• 1/29/10 - Labor Secretary, Hilda Solis:
•“OSHA received over 100 inspectors in our 2010 budget, as well as an
additional 25 requested in 2011. We are also moving 35 inspectors from
compliance assistance activities to enforcement….There’s a new Sheriff in
town.”
• Top10 citations increased by almost 30% last year
• Recent news 11-24-2009 http://atlanta.bizjournals.com/atlanta/stories/2009/11/23/daily29.html
•The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA)
fined World of Wheels & Hubcaps in Decatur, Ga., $69,550 for alleged health and safety
violations.… The employer failed to develop a written hazard communication program, failed
to provide a hazard communication training, failed to certify that a hazard assessment for
personal protection had been conducted, failed to develop or implement a written
respiratory protection program, and did not train workers who wear tight-fitting respirators,
OSHA said.
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HAZARD COMMUNICATION
• Written Program
• Chemical Inventory
• Material Safety Data Sheets
• Container Labeling
• Employee Training
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STAFF SUPPORT
EMPLOYEE TRAINING:
EPA DOT/FAA OSHAMVAC Certifications DOT HAZMAT Right to KnowHazardous Waste Personal Protective Equipment SP2 Respiratory Protection 6H Respiratory Fit TestingSpill Prevention Forklift
Emergency ResponseDocumentation:• Written Programs• Training Records• Disposal Receipts / Shipping Papers / Manifests
ACCOUNTABILITY STRUCTURE:• Who is primarily responsible for Environmental, Health, and Safety Compliance?• Do you have an established safety committee that meets regularly to discuss compliance and safety?
TAKE-AWAYS
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CONTACT INFORMATION
Becky Ross
www.kpaonline.com
866-356-1735