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Maryland Special: What Will They Fine Me For?
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www.kpaonline.com
(866) 356-1735
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QUESTIONS Questions
KPA – Company Profile
Nationwide compliance auto
industry expert on Safety,
Environmental, HR, and
Internet Marketing
Colorado Headquarters
27 Years Experience
5200 + Clients
– Dealerships, Service,
Repair, Collision Centers
20 Offices Serving 46 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
• 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 – Sears / 53K NCD in March
*2004-2008 – 60 Inspections in MD/VA
*2009 – March, 2013 – 210 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
What’s New in 2013?
- GHS – Globally Harmonized System (MSDS)
- Hospitals showing up as “first reporter”
- Increase in “Repeat Offender”
designation…groups beware
- Significantly increased initial fines
HAZARD COMMUNICATION
Written Program
Chemical Inventory
MSDS (GHS by Dec 1st, 2013)
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
Maryland Specific Regulations
MDE & UST’s:
- Inventory Control – by the book, not accepted if in
improper format / New Interpretation of compliance
for Spill Buckets under dispensers
Biennial Haz Waste reporting:
– 1/10th Fed Standard / Must report 2013 Haz Waste
Activities in January 2014
-From the MDE Website: How does MDE check on compliance?
MDE inspectors make routine, unannounced inspections of hazardous waste generators and permitted
hazardous waste facilities. Generator facilities found in violation of hazardous waste rules may be penalized
under administrative or civil actions. Violations of hazardous waste laws in Maryland may be considered a
felony and subject the violator to criminal sanctions, including imprisonment.
Maryland Specific Regulations (cont)
AST’s:
– Above 1000G aggregate used oil storage requires Oil Operations permit
Tier II Reporting:
- Used oil now included in total
- Anyone over 1250g used oil onsite will have to report (through MDE Online)
- Typical Cost here is around $300 for a facility reporting 1 to 2 hazardous products
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 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
Contact Us
Rob Stansbury
Cell #: (484) 326-9765
www.kpaonline.com
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