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TOP COMPLIANCE PRIORITIES

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TOP COMPLIANCE PRIORITIES 3-18-2010 …

TOP COMPLIANCE PRIORITIES 3-18-2010

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  • CFC’s - Most refrigerants in current use are compounds containing carbon, fluorine, usually chlorine HCFC’s ontain Hydrogen, Chlorine, Fluorine, and Carbon. HFC, the refrigerant contains Hydrogen, Fluorine, and Carbon. Because they contain chlorine, CFCs are damaging to the stratospheric ozone layer high above the Earth's surface. The ozone layer is what shields us from excessive ultraviolet solar radiation. Their manufacture was discontinued as of January 1, 1996! R-12 is a CFC and often referred to as CFC-12. HCFCs A second category of refrigerants currently available are the hydrochloro-fluorocarbons (HCFCs). Although they contain chlorine, which is damaging to the ozone layer, they also contain hydrogen, which makes them chemically less stable once they enter the atmosphere. These refrigerants, decompose when released in the lower atmosphere so very little ever reaches the ozone layer. The HCFCs therefore have a lower ozone-depletion potential, (ODP). HCFC-22, also known as R-22, has been in widespread use for many years in building and window air conditioning units. HFCs Hydrofluorocarbon (HFC) refrigerants, which contain no chlorine at all, have been developed. These refrigerants have an ozone-depletion potential of zero but probably still contribute to the global warming problem. One new HFC that is replacing CFC-12 is HFC-134a, (1,1,1,2-Tetrafluoroethane CF3CH2F).
  • Any person who sells or distributes any Class I or Class II substance (in a container of less than 20 pounds of such refrigerant) must verify that the purchaser is Properly Trained and 609 Certified and must retain a record. The seller must have a reasonable basis for believing that the information presented by the purchaser is accurate. Public Notification is also required. Any person who conducts any retail sales of a Class I or Class II substance, for MVAC units, and that is in a container of less than 20 pounds, must prominently display a sign that reads: "It is a violation of federal law to sell containers of Class I and Class II refrigerant of less that 20 pounds of such refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment." In addition, only Section 609 Certified Motor Vehicle A/C technicians can purchase refrigerants in containers of 20 pounds or less Replacement Refrigerants Serious concerns involving depletion of the Earth's protective stratospheric ozone layer and the effects of CFC's on this depletion resulted in the phasing out of the production of all CFC refrigerants such as R-12 by January 1, 1996. Recent ozone depletion studies indicate that the current situation is far worse than originally thought. Key considerations for any new refrigerant are chemical stability in the system, toxicity, flammability, thermal characteristics, efficiency, ease of detection when searching for leaks, environmental effects, compatibility with system materials, compatibility with lubricants, and cost. In general, HFC-134a has replaced CFC-12 in all automotive applications. HFCs such as R-134a, do not lead to ozone depletion but do contribute to global warming due to the greenhouse effect, so refrigerant recovery and recycling are here to stay, regardless of the new refrigerants developed. Recycling also makes sense economically because of the cost of the new refrigerants and the taxes on the more traditional refrigerants. Since as early as 1992, automotive air conditioning has been using HFC-134a instead of CFC-12. There are no "drop-in" substitute refrigerants for any equipment category. This means that some changes in a system's equipment or materials of construction are always necessary when converting to a replacement refrigerant. The existing refrigerant cannot simply be removed from a system and replaced with another refrigerant. Usually the changes amount to replacement of incompatible seals and changes in lubricant. Filter-driers, compressors, and seals that are compatible with CFCs, HCFCs, HFCs and their oils are currently being developed; however, the replacements are not without problems. The new (POE), synthetic oils being used with HFC refrigerants are incompatible with as little as 1% residual oil, (PAG or traditional mineral), in the system.   NOTE: HFC-134a still carries some concern about compatible lubricants. Lubricants typically used with CFC-12 do not mix with HFC-134a. Polyalkylene glycols (PAGs) mix properly with 134a at low temperatures but have upper-temperature problems, as well as incompatibility with aluminum bearings and polyester hermetic motor insulation. Ester-based synthetic, (POE), lubricants for HFC-134a resolve these problems but are incompatible with existing PAG or mineral oils. The thermodynamic properties of HFC-134a are similar to CFC-12, and with proper equipment redesign, efficiencies will be similar. In automotive applications, capacity suffers only minor reductions.
  • Read through headlines So not only is enforcement on the rise but the focus is shifting from compliance assistance to enforcement…
  • Review Compliant Elements Average Hazcom violation $2,500 per missing element – high KPA has seen for a dealership $42,000 Discuss protocol for an OSHA Hazcom inspection

Transcript

  • 1. – KPA CONFIDENTIAL – TOP COMPLIANCE PRIORITIESTOP COMPLIANCE PRIORITIES 3-18-20103-18-2010
  • 2. – KPA CONFIDENTIAL – PRESENTED BY Wayne Curtis Director, Client Operations wayne@kpaonline.com 678-298-5492
  • 3. – KPA CONFIDENTIAL – QUESTIONS • If you have questions during the presentation, please submit them using the “Questions” feature • Questions will be answered at the end of the webinar
  • 4. – KPA CONFIDENTIAL – 44 THE NATION’S LEADER ABOUT KPA • 23 Years Experience • 3000 + Automotive facilities • 50 consultants serving 43 States • Degreed Staff • Environmental and Safety Compliance Product •22 State Automobile Dealership Association Endorsements • HR Compliance Product •14 State Endorsements
  • 5. – KPA CONFIDENTIAL – 55 AGENDA OBJECTIVE: • Largest Reoccurring Fine Amounts • How to Avoid Them • Three Top Compliance Priorities • EPA • DOT • OSHA APPLICABILITY •EPA – Any business whose operations services components of motor vehicle refrigerants •DOT – Any business whose employees ship or receive Hazardous Materials •OSHA – Any business whose employees work with chemicals
  • 6. – KPA CONFIDENTIAL – EPA 66
  • 7. – KPA CONFIDENTIAL – 77 STAFF SUPPORT EPA MVAC COMPLIANCE BACKGROUND •The Clean Air Act of 1990, directs EPA to establish requirements to prevent the release of ozone-depleting substances. •Chlorine is the ozone depleting agent found in CFC’s (R-12) and HCFC’s (R-22) •The CAA sections dealing with ozone depletion are Sections 608 and 609. •Section 609 addresses the mobile motor vehicle air conditioning (MVAC) industry. • MVAC technicians can only service motor vehicle A/C systems used to cool passenger compartments.
  • 8. – KPA CONFIDENTIAL – EPA MVAC COMPLIANCE 88 WHAT IS REQUIRED FOR YOUR BUSINESS: •Maintain records of the name and address to which refrigerant is sent for reclamation. •Retain records demonstrating that all persons are in fact 609 certified •Records must be maintained onsite for 3 years •Must certify to the EPA that you are using approved recovery equipment.
  • 9. – KPA CONFIDENTIAL – 99 STAFF SUPPORT THE FINES: • Up to $25,000 per incident per violation per day • Penalties are defined by the Clean Air Act Stationary Source Penalty Policy • Starting fine amounts, then • Economic benefit of non-compliance (# of non-compliant months), then • The severity of the violation (toxicity, harm to environment, etc), then • The size of the violator, then • Violator history •Penalty Policy: “in the case of a company with more than one facility, the size of the violator is determined based on the company’s entire operation, not just the violating facility” EPA MVAC COMPLIANCE
  • 10. – KPA CONFIDENTIAL – 1010 STAFF SUPPORT MVAC COMPLIANCE Review the following website for • EPA Equipment Registration Forms • Listing of EPA approved Equipment • Listing of EPA approved vendors to conduct MVAC training • Other MVAC related regulatory information http://www.epa.gov/Ozone/title6/609/justfax.html EPA MVAC COMPLIANCE
  • 11. – KPA CONFIDENTIAL – DEPARTMENT OF TRANSPORTATION 1111
  • 12. – KPA CONFIDENTIAL – 1212 STAFF SUPPORT BACKGROUND Department of Transportation (DOT) Mission Statement: “Ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future.” Hazardous Materials Transportation Act (HMTA) of 1975 Requires: • Identification & Classification • Packaging Requirements • Hazard Communication • Handling & Transporting …of Hazardous Materials. Hazardous Material - A material capable of posing an unreasonable risk to health, safety and property when transported in commerce. DOT/FAA COMPLIANCE
  • 13. – KPA CONFIDENTIAL – DOT / FAA COMPLIANCE 13
  • 14. – KPA CONFIDENTIAL – DOT/FAA COMPLIANCE WHAT IS REQUIRED FOR YOUR BUSINESS HAZMAT Employer: A person or business who uses one or more employees in connection with: • Transporting hazmat in commerce • Causing hazmat to be transported or shipped in commerce • Representing, marking, certifying, selling, offering, reconditioning, testing, repairing or modifying packages as qualified for use in the transportation of hazmat HAZMAT Employee: A person who is employed by a hazmat employer and who directly affects hazmat transportation safety including a person who: • Loads, unloads, or handles hazmat • Tests, reconditions, repairs, modifies, marks, or otherwise represents packages as qualified for use in the transportation of hazmat • Prepares hazmat for transportation • Responsible for safety of transporting hazmat • Operates a vehicle used to transport hazmat
  • 15. – KPA CONFIDENTIAL – DOT / FAA COMPLIANCE Each Hazmat Employer Must: • Train And Test • Certify Appropriate Training • Develop And Retain Records Of Training • 24 Hour Emergency Contact Number • Retain shipping papers for any HAZMAT shipment Hazmat Training Subjects Must Include: • General Awareness/Familiarization • Function-Specific Training • Safety • Driver Training (If Applicable) • Security Awareness 15 Hazard Communication • Shipping Papers • Packaging • Marking • Labeling • Placarding • Emergency Response HAZMAT Table • Mode Of Transportation Restrictions/Conditions • Proper Shipping Name • Hazard Class • UN Or NA Identification Number • Packing Group • Required Labels • Special Provisions • Packaging Requirements • Air Transportation • Vessel Transportation
  • 16. – KPA CONFIDENTIAL – TRAINING REQUIREMENTS DOT Hazmat employees must receive training: – Within 90 days of new hire – Every 3 years – When proficiency or understanding is not demonstrated
  • 17. – KPA CONFIDENTIAL – 24 Hour Emergency Contact Information 29 CFR 172.604 • Placed on hazardous material shipping papers • Monitored at all times the hazardous material is in transportation, including storage • The person monitoring the number has knowledge of the material and emergency response information
  • 18. – KPA CONFIDENTIAL – DOT / FAA COMPLIANCE IMPORTANT EVENTS May 11, 1996 • Value Jet Flight 592 • No HAZMAT training • Chemical Oxygen generators ignited February 17, 2006 • DOT Raises the Maximum Civil Penalty from $32,500 to $50,000 • DOT Raises the Maximum Criminal Penalty to $500,000 and up to 10 years in Prison.
  • 19. – KPA CONFIDENTIAL – DOT / FAA COMPLIANCE A receiver of an improperly packaged HAZMAT shipment is required by law to turn you in!
  • 20. – KPA CONFIDENTIAL – OSHA 2020
  • 21. – KPA CONFIDENTIAL – 2121 STAFF SUPPORT BACKGROUND: Essentially requires all chemical manufacturers and employers to communicate specific information to all workers regarding the hazards of workplace chemicals or products • OSHA’s #1 frequently cited standard, the Hazard Communication Standard (CFR1910.1200) expanded to all industries in 1987 • Applicable to all industries whose employees are potentially exposed to hazardous chemicals • More commonly referred to as “Right-to-Know” OSHA’S HAZARD COMMUNICATION
  • 22. – KPA CONFIDENTIAL – OSHA ENFORCEMENT • President Obama’s Budget proposal: • $69 million increase for worker protection programs • Hire about 177 new inspectors and investigators • 1/29/10 - Labor Secretary, Hilda Solis: •“OSHA received over 100 inspectors in our 2010 budget, as well as an additional 25 requested in 2011. We are also moving 35 inspectors from compliance assistance activities to enforcement….There’s a new Sheriff in town.” • Top10 citations increased by almost 30% last year • Recent news 11-24-2009 http://atlanta.bizjournals.com/atlanta/stories/2009/11/23/daily29.html •The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) fined World of Wheels & Hubcaps in Decatur, Ga., $69,550 for alleged health and safety violations.… The employer failed to develop a written hazard communication program, failed to provide a hazard communication training, failed to certify that a hazard assessment for personal protection had been conducted, failed to develop or implement a written respiratory protection program, and did not train workers who wear tight-fitting respirators, OSHA said.
  • 23. – KPA CONFIDENTIAL – HAZARD COMMUNICATION • Written Program • Chemical Inventory • Material Safety Data Sheets • Container Labeling • Employee Training
  • 24. – KPA CONFIDENTIAL – 2424 STAFF SUPPORT TAKE-AWAYS
  • 25. – KPA CONFIDENTIAL – FREE CONSULTING TIME!!!
  • 26. – KPA CONFIDENTIAL – CONTACT INFORMATION The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information. www.kpaonline.com bross@kpaonline.com 866-356-1735