Bob Ulrich

Editor

Bob Ulrich was named Modern Tire Dealer editor in August 2000. He joined the magazine in 1985 as assistant editor, and has been responsible for gathering statistical information for MTD's "Facts Issue" since 1993. He has won numerous awards for editorial and feature writing, including five gold medals from the International Automotive Media Association. Bob earned a B.A. in English literature from Ohio Northern University and has a law degree from the University of Akron.

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Prevent OSHA violations and keep money in your pocket

By: Bob Ulrich

A recent Webinar on OSHA violations proved to be quite informative. The headline said it all: "OSHA's Top 10 Most Cited Violations by Dealers."

The Webinar was sponsored by KPA LLC (www.kpaonline.com), which bills itself as "the nation's compliance expert on safety, environmental and human resources issues." The host was Eric Schmitz, a registered environmental assessor and vice president of product and business development at KPA.

Schmitz not only listed the top 10 OSHA (Occupational Safety and Health Administration) violations, but also explained how to prevent them. More importantly, he talked about how to deal with an OSHA representative when he or she arrives at your door.

Although the Webinar was directed at car dealers, I asked if the information applied to auto service shops, such as independent tire dealers. He said yes.

So without further ado, here are the top 10 violations. I will elaborate on number one, the most common in our industry.

1. Hazard communication. Schmitz said this was a top 10 violation across all industries. It starts with having the proper written program. Another must is an inventory of chemicals -- "those things that we expose to our employees that are above and beyond what they are normally exposed to." That includes what employees bring into the shop.

In addition, the "Material Data Safety Sheet" (MSDS) must be maintained, and containers -- both primary and secondary (if you pump liquid out of a bulk container into an easier-to-use bottle, the bottle is a secondary container) -- must be properly labeled. And, of course, employees must be properly trained.

Schmitz mentioned that should an OSHA inspector show up and ask for an MSDS on, say, your chemicals, you need to show him the paperwork. He might give you 10 minutes to show him the information, so you better be organized. If you can't meet the deadline, don't be surprised if you are fined $2,500 -- even if you had the info somewhere.

2. Electrical safety requirements. This is pretty cut and dried. Some labeling is required, and don't get Schmitz started on fraying wires.

3. General duty clause. OSHA requires that your shop be "a place of employment free from recognized hazards." A working heater with a broken screen? A cracked floor? These "obvious" hazards can pose significant risks, and add up to significant fines.

4. Personal protective equipment. If the employee needs the equipment to do his job and meet OSHA requirements, it generally is up to the employer to pay for all of it. That includes gloves, hearing protection and glasses "when conditions warrant it."

5. Spray finishing using flammable and combustible materials. "The biggest problem we face with spray finishes is the possibility of igniting," said Schmitz. OSHA inspectors look at airflow, chemical usage and ignition sources (remember that heater with the broken screen?).

6. Abrasive wheel machinery. Inspectors can be very specific here. Did you know that the "tool rest" must be 1/8 inch from the grinding wheel? Or that the tongue guard must be 1/4 inch away? Is the grinder securely mounted? Here's a tip: The use of a safety shield does not preclude the use of safety equipment.

7. Respiratory protection. It's not enough to have a written program and training for the use of respiratory protection. Employees must have medical evaluations, as well. And they must sign off on using the equipment.

8. Portable fire extinguishers. You must have the proper number of extinguishers, and they must be placed in the proper locations. There must be signage identifying them. And they must be inspected or tested from time to time (monthly, annually and every six years, depending on the requirement).

9. Exit routes, emergency action plans, and fire prevention plans. A blocked exit is considered a "serious violation," and could lead to a $32,000 fine. A serious violation occurs when "death or serious physical harm is likely to result from hazards about which the employer knew or should have known."

10. Machinery and machine guarding. Air compressors and tire mounting and balancing equipment are designed with safety in mind. But adapting the equipment to make it easier to maintain or use -- such as taking the guard off the compressor belt during maintenance and not re-attaching it, or fixing the tire cover on a balancer so that it is out of the way -- is a violation.

"We have seen an increase in OSHA visits," said Schmitz, "especially (when) addressing employee complaints."

He said inspectors come well prepared whether they show up announced or unannounced, and suggested you find out exactly what they are looking for "so you can guide them (through your shop) appropriately... in as straight a line as possible." The less they see, the better.

Make sure you take notes and pictures along with the inspector, so that you have similar documentation.

And if an inspector does show up unannounced? Schmitz said that without a search warrant, he or she must ask your permission to inspect your shop. You can decline.

"I would suggest you don't," he added.

Related Topics: Mounting and balancing, OSHA, Technicians, Training

comments

1. Kevin | August 30, 2010 at 08:14AM
   I would add that tire dealers who service truck tires must also comply with 29 CFR 1910.177, especially the standards for proper inflation equipment and employee training.

2. David | August 30, 2010 at 09:31PM
   Fire extinguishers must be serviced annually, but an employee must check & initial each one monthly. Wearing a dust mask is not enough- you must have written filter change & disposal procedures posted = 2 Big fines
   
   Fire a disgruntled employee & payback is a visit fines are found even if original complaint is untrue. Check how many politicians have offices that have been fined & never paid. Put a copy of that in with your fine bill.