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|January 2018 Government Affairs Update|
WHAT YOU NEED TO KNOW FOR JANUARY 2018
Transmission Product Labels & Receipts Regulation Effective January 1st
AOCA played an active role in the transmission product regulation amendment development process to establish the new suitable-for-use multi-vehicle standard in the 2018 NIST Handbook 130, effective January 1, 2018. Because most jurisdictions are implicated and automotive transmission maintenance products are distributed nationwide, the result is an almost de facto national labeling standard. These changes impact service providers, manufacturers, distributors, and retailers alike. To assist in successful implementation, AOCA sought compliance guidance from both the National Conference on Weights & Measures and individual state weights & measures officials.
AOCA specifically asked if the following general concept options for expressing the new transmission product label and receipt performance claims would be acceptable:
“BRAND X Automatic Transmission Fluid is engineered to be suitable for use in most automatic transmissions including but not limited to those recommended by original equipment manufacturers to use Dexron II, Dexron III, Dexron III-H, Dexron VI, Ford Mercon LV, Mercedes Benz (Daimler Chrysler) MB NAG-2, Toyota WS, Ford NGF, Allison C-4, TES 389, Z-F, Voith and many others. For further information visit our website at www.brandXatf.com.”
COMMENTARY: New section 2.XX.1. Products for Use in Lubricating Transmissions adds the “suitable for use” standard, which is linked to performance claims proven by testing in specific equipment as opposed to matching recipes for specific fluid brands. The BRAND X example claims the fluid is suitable for use in most automatic transmissions identified by OEMs to use certain fluids, but does not claim to meet the recipes associated with those fluids. More information on BRAND X can be found at the website provided.
“BRAND Y Automatic Transmission Fluid is a premium quality, synthetic-blend automatic transmission fluid specially designed for use in most domestic and many import passenger cars and light trucks. Approved for service fill in all Ford vehicles that require a MERCON® V fluid under license numbers #### and ####. Recommended by BRAND Y for service fill in most Chrysler vehicles and in older Ford and GM vehicles where earlier-generation MERCON® or DEXRON® III fluids were specified. Meets the performance requirements of the JASO 1A standard for use in most Japanese vehicles. Call our Technical Support Hotline at ### for specific applications.”
COMMENTARY: The BRAND Y example uses “suitable for use” performance claims specific to transmission equipment, Ford approval and fluid licenses for performance claims associated with Ford’s MERCON® V recipe, and the JASO 1A standard for “most” Japanese vehicles. For specific applications, a technical support hotline is provided.
“BRAND Z AUTOMAKER Automatic Transmission Fluid V® is recommended for all automatic transmissions requiring AUTOMAKER V® transmission fluid. [QR CODE]”
COMMENTARY: The BRAND Z AUTOMAKER example is an equipment manufacturer citing its own standard recipe AUTOMAKER V® for specific equipment. A QR CODE is provided for access to additional product information.
So far, no state jurisdiction has rejected those examples. There are other requirements for labels and receipts such as an accurate statement of the quantity—see the official regulatory text linked below for complete information.
Subject to future update as more information from the states comes in, the following states report adopting the new labeling and receipt rules effective January 1st unless noted otherwise: Arkansas (effective 9-1-18), Connecticut, Illinois, Maine, Missouri, Nevada, New Hampshire, New Jersey, North Carolina, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia. Adoption is anticipated in Alaska with July 1, 2018 as the earliest possible effective date. Per state legislation, the California Department of Food & Agriculture is supposed to adopt the latest version of NIST Handbook 130 for Method of Sale, which includes the transmission product labeling and receipt rules, but the agency continues to push back the date for that action. Georgia is in the process of developing transmission product labeling rules as well.
With regard to states that haven’t officially adopted 2018 NIST Handbook 130, some officials indicated their intention to use the new rules generally as a guideline (DE, FL, ID, NM) while others, like Louisiana, indicated AOCA’s proposed generic label and receipt language above would be acceptable under state law. States that appear to be using the old NIST Handbook 130 transmission labeling rules that do not specifically allow suitable-for-use products include Iowa, Kansas, Michigan, Montana, and South Dakota. AOCA’s clarification request seeks to ensure the example performance claims for transmission product labels are acceptable in those states as well.
A complete copy of the new rules can be found here [http://nvlpubs.nist.gov/nistpubs/hb/2018/NIST.HB.130-2018.pdf] Section 2.36 at pages 135-137 and section 3.14 at pages 193-195 cover the complete package of transmission product labeling and receipt rules for installers, distributors, retailers, and manufacturers.
Stay tuned for updates from AOCA!
Federal “Injury Tracking Application” of Workplace Injuries
As of December 15, 2017, except in California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming, private employers in the following categories must begin submitting injury and illness reports electronically via OSHA’s Injury Tracking Application (“ITA”):
· Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records; and
· Establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses.
Those categories do not include establishments where (a) peak employment during the previous calendar year was 19 or fewer, regardless of the establishment's industry; (b) the establishment's industry is on this list [https://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html], regardless of the size of the establishment; or (c) peak employment was between 20 and 249 employees during the previous calendar year and the establishment's industry is not on the list
In 2018, covered establishments required to participate in ITA must submit information from their completed 2017 Form 300A by July 1, 2018.