OSHA Lays Down Guidance

By Jeffrey Bellant May 21, 2020 180
OSHA will be inspecting Dealerships for social distancing rule compliance OSHA will be inspecting Dealerships for social distancing rule compliance

 

The Occupational Safety and Health Administration (OSHA), which last month released an enforcement plan in the wake of COVID-19, is now deploying its plan at auto dealerships.

Adam Crowell, president and general counsel of ComplyNet, said OSHA’s plan – called “Interim Enforcement Response Plan for Coronavirus Disease of 2019” – was ultimately formulated in response to workers’ concerns over several issues.

Those included the lack of personal protective equipment (PPE), lack of training over appropriate standards and COVID-19 illnesses in the workplace.

Crowell, during a webinar this month, said the above complaints seem to be the most common.

“OSHA is classifying businesses based on risk levels,” Crowell said, “whether it is a very high exposure risk job, a medium exposure risk job or a lower exposure risk job.”

The highest risk jobs include things like health workers or emergency response workers, Crowell said.

On the dealership side, it will depend on the job classification or type of work each employee does, Crowell said.

An office worker might be able to operate with proper social distancing protocols with no problem.

“However, your service department, your sales department, your porters or technicians getting into vehicles may fall into the classification of medium exposure risk jobs,” Crowell said.

An OSHA inspector will make a determination based on whether there is an imminent danger based on a complaint or based on the type of business.

“OSHA is saying this may warrant an onsite inspection,” Crowell said.

If a dealership has a cluster of coronavirus infections and it appears they haven’t done anything about it, then it might warrant an onsite inspection.

OSHA will also look at other types of complaints that aren’t an “imminent danger” situation and those may not result in an onsite inspection, Crowell said.

“I will warn you right now, OSHA has been going onsite to dealerships and saying, ‘Hey, we’re just coming to observe social distancing,” Crowell said. “There’s not a complaint, they’re just randomly coming in.”

In situations where OSHA doesn’t come in, the administration may hear of a complaint and reach out to the dealer. The agency may ask the dealer to do an internal investigation, then get back to OSHA with the results, along with documentation that supports the results.

Crowell said this request may be by FAX or email, but it will be classified as what’s called a “rapid response investigation.” This requires a response within five business days.

Dealers may be able to ask for additional time, but if they can respond in five days, they should.

“It’s not automatic that you will get the additional time,” Crowell said. “It’s within the discretion of the (OSHA area) director.”

If an agreement cannot be reached, OSHA has said it will conduct an onsite investigation, he said.

Dealers have to provide documentation of any type of corrective action they have taken, Crowell said.

“They are going to want to see that you’ve done what you said you were doing,” he said.

Crowell said OSHA will also request – at the end of the process – that the business post the letter it received from OSHA and post the response.

Plus, the business owner will be asked to sign a certificate stating they have posted those items and send it back to OSHA.

Crowell said OHSA wants to be assured that it’s been posted or provided to the business’s employees so they are aware of it, too.

If OSHA determines the business did not do what it was expected to do, it could trigger an onsite inspection.

Dealers should also get guidance from an attorney or compliance professional.

During an onside inspection, OSHA reps will ask for “all sorts of information,” Crowell said. “They might be asking for your policies, procedures and training records and your OSHA logs, that sort of thing.”

For serious violations, OSHA can levy fines of up to $13,500 per violation, Crowell said. Businesses have 15 days to contest the order. Repeat violations can result in a fine of $130,000+, even if the previous violation was a decade ago.

He added that the CDC recommends a written pandemic response plan and OSHA may ask for that. It may review your supplies for PPE and/or do a walkaround.

“You have a duty as an employer to provide a workplace that is free from situations you know about that could serious physical harm or death,” Crowell said.

Businesses have to provide a place to wash hands or provide an alcohol-based sanitizer (at least 60-percent alcohol) and use EPA-approved chemicals. The EPA provides a list at its website.

Dealers are also using Plexiglass and stickers/marks on the floor for social distancing, Crowell said.

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Last modified on Thursday, 21 May 2020 23:07

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