How to get into compliance with OSHA and HR issues

Jan. 1, 2020
There are a whole host of OSHA and HR compliance issues that collision shops need to be concerned about. You may not be aware of some of them.
IMAGE /AUTO BODY WORLD AFTER a busy day I often reflect on the events to see if there was anything I could have done better, or more efficiently, so that if faced with a similar situation in the future I can handle it more proficiently. In recent months I have been having lots of reflective conversations with myself, more than what I consider normal.

Has this business gotten tougher, or has life in general become harder? I think the answer is that both statements are true. This business, all businesses in fact, have become much more difficult to operate proficiently in the current economic climate. Most things that we face every day as collision professionals seem to have become more difficult as well. Money is tighter, customers are very knowledgeable and more discerning, and finding good techs has always been hard, but is nearing the impossible now.

Material costs are through the roof, gas and electric prices certainly haven't gone down, and taxes seem to get larger and more burdensome daily. On top of all that you have to worry about compliance issues.

There are a whole host of compliance issues that collision shops need to be concerned about. You may not be aware of some of them. Hazardous waste disposition, human resources and employee related issues, EPA and state environmental and air quality issues, OSHA and workplace safety compliance issues, and HIPAA and privacy laws are some key ones.

Each one of these issues alone can require more reading and knowledge than it would take to graduate from an Ivy League school with honors. I know I don't have that much spare time available, and neither do you.

The key to successfully navigating through all this information is to break each issue down to small chunks that are easier to digest and understand. Let's look at a few issues that I think are the most pressing regarding compliance, and understanding your responsibility as a collision shop owner/manager. Let's look at the basics: OSHA and workplace safety, EPA and environmental, privacy and HR.

OSHA and workplace safety

Workplace safety and compliance with OSHA regulations aren't new, but most shops seem to have minimal regard for OSHA regulations and requirements due to a lack of knowledge of what is required.

Collision shops can be dangerous places. Welding, grinding and cutting sharp jagged metal all carry an element of danger. Not to mention the chemicals used and fumes generated in the paint shop. Collision shops are very dangerous places. However, with a little common sense, most dangers can be minimized in the average shop.

In general, your first step toward OSHA compliance is simply to clean up the shop and get it organized. You don't need to know and understand all the OSHA laws that apply to your shop in detail. But you should know the basic rules, like no smoking in the shop. It's common sense not to stand over a vat of highly flammable liquid with a cigarette in your mouth, but I see examples like this much too often. Cleaning and organizing can be done without knowing a single OSHA rule. A clean, organized shop is a safer shop.

Once your shop is clean, it's time to start attacking the details. Start by looking online for OSHA regulations specific to your state and city. There is a host of information available that details these regulations, and it's free. Use OSHA's own website, www.OSHA.gov, for lots of information.

I also suggest that you contact your local OSHA office. I know this sounds like you are luring in the lions for the kill, however, on the contrary, most OSHA offices are happy to help guide you and or provide you with current and accurate information about their requirements. It won't hurt to be proactive in this regard, and may net you some goodwill with the local agents. I had an OSHA inspector on site once for two days, and was able to get a better understanding of what they are looking for regarding safety compliance.

I'm also a big proponent of using your paint company or jobber as a resource of information. They usually provide you and your staff with training classes and materials to get you well on your way to understanding what OSHA expects of you. Every paint company I have ever worked with can offer some type of guidance in this area. Don't be afraid to utilize them. Once you have a better understanding of OSHA expectations, you can address issues more effectively.

EPA, environmental compliance

Have you submitted a notification of compliance to the federal government? Did you fill out a notification of compliance and submit it, but weren't sure if you were actually compliant? Let me assure you, if you are involved in an audit, ignorance will not work as an effective defense. Knowing and understanding what is expected will prove invaluable.

Collision shops generate hazardous waste in many forms: powders, liquids, solids and gasses. It's our responsibility to future generations to make certain that the hazardous materials we generate in our shops are disposed of properly.

New federal and state regulations regarding the handling of these hazardous substances have been introduced over the last few years. These new regulations are similar, but differ slightly from state to state and from state to federal.

Again, most of the legal documents that describe these laws are very difficult to read and understand. This area specifically, isn't one you should attempt to tackle on your own. Use every available resource you can to help you understand your responsibility in this arena.

I suggest contacting resources like CCAR, (www.ccar-greenlink.org") I-CAR, (www.i-car.com) or companies that specialize in this area, like GMG Enviroscape. There are several companies that can help. If you don't know who to call, ask some other local shop owners who they use to help them with these issues. Most will be willing to help.

There may be some cost involved to solicit advice and help from these organizations, but the return will be well worth the cost. I suggest you contact your local state department of environmental management. They are willing to help you understand your responsibility, and can guide you with ways to reach and maintain compliance. To my knowledge, nearly every state has these resources available and they are free.

In addition, don't hesitate to ask your jobber or paint company for help. They can provide classes and assistance in this area, and should be willing to do so. Never assume you can muddle your way through compliance regulations. They are confusing and you will need help.

Privacy and HR issues

Most collision shops don't have a full time HR department. The average collision shop owner is also the HR generalist. Unless you have an HR degree, this isn't the optimum idea. There are so many nuances involved when dealing with HR issues, so it's important that you consult with a professional.

One good resource is your health insurance broker. The larger brokers have on site HR assistance available to their customers for no charge. Mine for example has an interactive website available with detailed answers to many standard questions, along with sample printable forms like vacation request forms and job applications. They also describe how to set up employee files, and what to keep in them. It's a very helpful and handy tool. Check with your insurance broker to see if this resource is available.

Researching information on the Internet or in your local library is valuable. There are social networking sites on the web dedicated to HR issues. This is a tricky area, so don't think you can become an expert after reading a few articles. One of the best resources for HR help and advice is through companies dedicated to HR support, like Insperity.

These companies are true HR professionals, and can help you set up a program that will grow with you, as you grow, and keep you from getting in trouble. Your company attorney also can be a good resource. Yes, each one of these options carries some cost, but that cost will be far less than the cost of an HR lawsuit.

Walk up to your front counter tomorrow morning as if you were a customer. As you are standing there, look around. Can you see repair order racks full of files, or estimates and other papers laying on a desk in plain view? My guess is yes.

As you look at the desktop, can you read the customer information on the estimate header on the estimate laying there? Can you read the hours on the time card lying next to it? Can you see where I am heading with this?

A collision shop is almost like a doctor's office. We hold lots of documents with lots of sensitive information on them while we are working on a vehicle. Much of the information on these documents could be considered private. Although our industry doesn't deal with the privacy laws a doctor's office does, it is coming.

I suggest you get ahead of the issue, and start keeping all your customer information out of site. Move your RO racks into an office that only your employees can get to. Keep all your open ROs for current repairs in drawers or cabinets. File all of your closed paperwork, and shred sensitive information you no longer need, such as credit card info. A little organization can go a long way here.

If you are using a management system, try to put as much info as you can into the computer, and less on paper. You do not want other customers, or Insurance adjusters to be able to read customer information merely by standing at your front counter, or walking into your shop.

Hopefully, you can see that compliance is a serious concern, but there is lots of help available to any one who is willing to ask for it. Don't try to face these issues alone. If you do, you may have lots of time to reflect on your days, while sitting in court.

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