Maryland Dealers are being targeted by State and Federal Regulators

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…

Presented by

Robert StansburySenior Account Executive

rstansbury@kpaonline.com

(484)326-9765

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

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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!!!

Contact Us

Rob Stansbury

rstansbury@kpaonline.com

484-326-9765 cell

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