June 2018 Government Affairs Update




·        Recent OSHA Enforcement Targets: walking-working surfaces and HazCom top the list of 10 violation subjects. Take this chance to learn from others’ mistakes, keep employees safe, and avoid future enforcement penalties.

·        Getting Required Bulk Delivery Receipt Documentation From Distributors: It’s required in most states for both bulk engine oil and transmission fluid deliveries at the time of delivery. If a bulk delivery driver fails to provide it, one option for fast lube operators is to have the driver sign off on documentation available onsite. The Government Affairs Committee is testing this draft document now.  Your feedback is welcome.


The OSHA regulations cited below reflect the subjects recently cited against fast lube operators by federal regional and state enforcement inspectors.  Among the states, Colorado and Michigan have issued the most citations.  Because labor regulators keep excellent records of compliance problems showing up in the field, citation subjects tend to trend from year to year.  For those who haven’t been inspected yet, this is an excellent opportunity to review OSHA compliance to prevent future mishaps.




29 CFR 1910.22(a)(2) The floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. When wet processes are used, drainage must be maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats must be provided.

1910.22(b) Loads. The employer must ensure that each walking-working surface can support the maximum intended load for that surface.

1910.22(d)(1) Walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition;

1910.23(d)(7) Grab bars extend 42 inches (1.1 m) above the access level or landing platforms served by the ladder;

1910.28(b)(8) Repair pits, service pits, and assembly pits less than 10 feet in depth. The use of a fall protection system is not required for a repair pit, service pit, or assembly pit that is less than 10 feet (3 m) deep, provided the employer:

1910.28(b)(8)(i): Limits access within 6 feet (1.8 m) of the edge of the pit to authorized employees trained in accordance with § 1910.30;

1910.28(b)(8)(ii): Applies floor markings at least 6 feet (1.8 m) from the edge of the pit in colors that contrast with the surrounding area; or places a warning line at least 6 feet (1.8 m) from the edge of the pit as well as stanchions that are capable of resisting, without tipping over, a force of at least 16 pounds (71 N) applied horizontally against the stanchion at a height of 30 inches (76 cm); or places a combination of floor markings and warning lines at least 6 feet (1.8 m) from the edge of the pit. When two or more pits in a common area are not more than 15 feet (4.5m) apart, the employer may comply by placing contrasting floor markings at least 6 feet (1.8 m) from the pit edge around the entire area of the pits; and

1910.28(b)(8)(iii): Posts readily visible caution signs that meet the requirements of § 1910.145 and state "Caution-Open Pit."




29 CFR 1910.1200(e)(1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:

1910.1200(e)(1)(i): A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,

1910.1200(e)(1)(ii): The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas.

OSHA 29 1910.1200(f)(10) The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.

OSHA 29 CFR 1910.1200(g)(8) The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)

OSHA 29 CFR 1910.1200(h)(1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.




29 CFR 1910.30(c) Retraining. The employer must retrain an employee when the employer has reason to believe the employee does not have the understanding and skill required by paragraphs (a) and (b) of this section. Situations requiring retraining include, but are not limited to, the following:

1910.30(c)(1): When changes in the workplace render previous training obsolete or inadequate;

1910.30(c)(2): When changes in the types of fall protection systems or equipment to be used render previous training obsolete or inadequate; or

1910.30(c)(3): When inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee no longer has the requisite understanding or skill necessary to use equipment or perform the job safely.




29 CFR 1910.37(b)(5) Each doorway or passage along an exit access that could be mistaken for an exit must be marked "Not an Exit" or similar designation, or be identified by a sign indicating its actual use (e.g., closet).




29 CFR 1910.106(e)(9)(iii) "Waste and residue." Combustible waste material and residues in a building or unit operating area shall be kept to a minimum, stored in covered metal receptacles and disposed of daily.




29 CFR 1910.132(d)(2) The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.




29 CFR 1910.138(a) General requirements. Employers shall select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.




29 CFR 1910.157(e)(3) The employer shall assure that portable fire extinguishers are subjected to an annual maintenance check. Stored pressure extinguishers do not require an internal examination. The employer shall record the annual maintenance date and retain this record for one year after the last entry or the life of the shell, whichever is less. The record shall be available to the Assistant Secretary upon request.




29 CFR 1910.177(g)(6) Tires may be inflated only when contained within a restraining device, positioned behind a barrier or bolted on the vehicle with the lug nuts fully tightened.




29 CFR 1910.219(d)(1) Guarding. Pulleys, any parts of which are seven (7) feet or less from the floor or working platform, shall be guarded in accordance with the standards specified in paragraphs (m) and (o) of this section. Pulleys serving as balance wheels (e.g., punch presses) on which the point of contact between belt and pulley is more than six feet six inches (6 ft. 6 in.) from the floor or platform may be guarded with a disk covering the spokes.

29 CFR 1910.219(e)(3)(i) Vertical and inclined belts shall be enclosed by a guard conforming to standards in paragraphs (m) and (o) of this section.

29 CFR 1910.303(g)(2)(ii) In locations where electric equipment is likely to be exposed to physical damage, enclosures or guards shall be so arranged and of such strength as to prevent such damage.

29 CFR 1910.305(j)(2)(iv) A receptacle installed in a wet or damp location shall be suitable for the location.

29 CFR 1910.334(a)(2)(ii) (electrical equipment) If there is a defect or evidence of damage that might expose an employee to injury, the defective or damaged item shall be removed from service, and no employee may use it until repairs and tests necessary to render the equipment safe have been made.


Government Affairs

Item Name Posted By Date Posted
Draft_Write_it_Right_Guide.pdf PDF (1.89 MB) Administration 12/17/2018
AOCA_Presentation_-_TSIA_Annual_Meeting_2018.pptx PPTX (852.89 KB) Administration 12/17/2018
Opalka_v._Amalie.pdf PDF (784.1 KB) Administration 12/17/2018
AOCA_Fast_Lube_Customer_Complaint_Form.docx DOCX (80.96 KB) Administration 11/13/2018
2018_Hyundai_Elantra-GT_Manual.pdf PDF (13.62 MB) Administration 11/13/2018
California AB 3141 PDF (197.34 KB) Administration 10/4/2018
MA HD 5153 PDF (120.82 KB) Administration 10/4/2018
TSIA 2018 Flyer PDF (208.12 KB) Administration 9/19/2018
BAR Estimate Regulation PDF (155.02 KB) Administration 9/18/2018
2018 Update AOCA WM State Enforcement Guide FI.pdf PDF (639.08 KB) Administration 8/10/2018
Sen Nelson-kia-hyundai-response from NHTSA---6.pdf PDF (105.97 KB) Administration 8/10/2018
Center-for-Auto-Safety-Kia-Hyundai-Fire-Defect.pdf PDF (106.6 KB) Administration 8/10/2018
Hyundai Safety Recall LetterRCMN-15V568-7409.pdf PDF (206.7 KB) Administration 8/10/2018
Kia Hyundai Class Action Complaint.pdf PDF (1.01 MB) Administration 8/10/2018
Smolek v Hyundai Kia class action Theta II eng.pdf PDF (749.25 KB) Administration 8/10/2018
FTC MMWA Warning Letter to Hyundai April 9 201.pdf PDF (639.42 KB) Administration 8/10/2018
Kia Hyundai MMWA Complaint NHTSA Petition for .pdf PDF (505.17 KB) Administration 8/10/2018
Proposed Obsolete Automaker Engine Oil Notice PDF (475.18 KB) Administration 8/10/2018
Draft Sheet For Installers To Use W/ Distributors DOCX (18.34 KB) Administration 6/18/2018
Oppose A7914 PDF (247.39 KB) Administration 5/24/2018
Warning letter to Hyundai PDF (639.42 KB) Administration 5/24/2018
Comments Submitted To BAR - April 2018 PDF (546.29 KB) Administration 4/23/2018
Oppose A7914 031518.pdf PDF (247.39 KB) Administration 3/16/2018
OC Interval Proposed_Regulations_Text_4.23.18.pdf PDF (83.64 KB) Administration 3/16/2018
A7914.pdf PDF (2.88 KB) Administration 3/16/2018
2017 18 Chevy Colorado Canyon oil filter remov.pdf PDF (84.16 KB) Administration 3/16/2018
Kia 4th notice recall June 2017 RCMN-17V224-41.pdf PDF (153.26 KB) Administration 2/7/2018
Hyundai Expands Recall PDF (211.19 KB) Administration 2/7/2018
Testimony of Jay Rosenthal PDF (177.31 KB) Administration 2/7/2018
House Bill 434 PDF (83.09 KB) Administration 2/7/2018
2017 GA Agenda PDF (124.15 KB) Administration 2/28/2017
FTC Complaint re Kia PDF (491.21 KB) Administration 1/10/2018
Know Your Federal Rights PDF (196.19 KB) Administration 5/19/2016
Fast Lube Customer Warranty Rights Survey PDF (66.86 KB) Administration 4/18/2016