3. Presenter
3
Eric Schmitz
• VP Product and Business
Development
• California Registered
Environmental Assessor
• 15 years of dealer
experience
• eschmitz@kpaonline.com
• 303-228-8766
4. If you have questions during
the presentation, please
submit them using the
“Questions” feature
QUESTIONSQuestions
5.
6. Recent Dealer Citations
• Fluorescent Light Tube Disposal - household
hazardous waste
• Airbag Detonation – considered treatment of
hazardous waste
• DOT Shipment of fuel pump by air
8. Supplemental Restraint System Recycling
The Problem:
Clients deploying airbags & seatbelt pre-tensioners…
• Unsafe - Enormous potential energy stored and generated
upon detonation.
• Illegal - EPA views detonation as treatment of hazardous
waste
• Environmental Negative - The detonated materials end
up in a landfill.
9. Supplemental Restraint System Recycling
The Options:
• Shipment back to the manufacturer
• Sell or donate them
• Detonation and disposal as normal refuse - KPA
recommends dealers DO NOT detonate any
airbags, or seatbelt pre-tensioners.
• Shipment and disposal as hazardous waste
• Shipment as recycled materials…
----AND----
Don’t forget the DOT shipping Rules
10. OSHA Initiatives – I2P2
Outline
• White Paper Highlights
• Secretary Hilda Solis
• Recent OSHA Online Chat
• 2012 DOL Budget Discussion
• Summary
11. I2P2 White Paper Highlights (January 2012)
• Currently 15 states have regulations requiring an
IIPP:
Arkansas, California, Hawaii, Louisiana, Michigan, Minnesota, Mississippi, Montana, North
Carolina, New Hampshire, Nevada, New York, Oregon, Utah, and Washington.
• 19 states either have insurance premium
incentives or have suggestive language to
employers to adopt an IIPP.
12. I2P2 White Paper Highlights
2009 fatality rates in California, Hawaii and
Washington were as much as 31 percent
below the national average.
13. I2P2 White Paper Highlights
Internal OSHA Small Business Study
By adopting an IIPP companies experienced:
• A reduction in the number of injuries and illnesses.
• Improved compliance with regulatory requirements.
• Improved business and cost savings.
• Improved efficiency and productivity in operations
and material use.
• An improved workplace environment with greater
collective responsibility for workplace health and
safety.
• Improved reputation and image in the community.
14. I2P2 White Paper Highlights
2009 OSHA examination of joint labor-
management safety committees.
Committees participated in:
• hazard identification
• workplace inspection
• safety management
IIPP
Lower
experience
mod
Increase in
all areas of
compliance
This is further evidence that programs
with strong management commitment and
active worker participation are effective in
reducing injury risk, while "paper"
programs are, not surprisingly, ineffective.
15. Plan Prevent Protect Regulatory Strategy
Secretary Hilda Solis
This agenda continues to build upon the Secretary Hilda Solis’ regulatory
strategy of plan, prevent, protect; and solidifies the Agency’s commitment
to strengthening the worker’s voice in the workplace. OSHA’s proposed
regulatory initiative, the Injury and Illness Prevention Program
proposal, will help employers to set up a process to “find and
fix” workplace hazards. This approach has been embraced by
thousands of employers across the country, and is very similar to
standards currently in place in California and several other states.
- Dr. David Michaels, Assistant Secretary of Labor for OSHA
on January 5th, 2012
16. Recent Online Regulatory Chat with OSHA
Productivity and worker safety are not competing priorities. OSHA is
developing regulatory solutions that create safer jobs and support
business growth. Last year, OSHA added an Injury and Illness Prevention
Program standard to the regulatory agenda. This proposed rule will
require employers to develop a program that will help them address their
health and safety hazards in a systematic proactive way. To gather
information for this rule, OSHA has reached out to the business
community, worker representatives and State Plan OSHA’s that have
similar requirements. OSHA will base its proposal on the real world
experience of employers and the substantial evidence on reductions in
injuries and illnesses from employers who have implemented similar
programs.
Jordan Barab, Deputy Assistant Secretary of
Labor for OSHA
Source: http://www.dol.gov/regulations/chat-osha-201012.htm
17. 2012 DOL Budget
Q&A Session with Secretary Solis
1:36 Comment From Stephen Lee: The President's
budget request calls for a 37 percent increase in
funding for OSHA's standards group. Can you specify
what OSHA will do with the extra $7 million?
1:36 David Michaels, OSHA: The request for OSHA
includes increases of $6.4 million to improve
regulatory standards that protect workers; including
combustible dust, infectious disease, walking and
working surfaces, hazard communication and silica.
Included in the request is $2.4 million in the
safety and health standards budget activity to
continue to develop the Injury and Illness
Prevention Program rule.
Source: http://www.dol.gov/budget/chat-budget-20110214-static.htm
18. 2012 DOL Budget
Q&A Session with Secretary Solis
1:48 David Michaels, OSHA: Since the majority of
companies, especially small businesses, do not
currently have programs, OSHA will use some of
this proposed funding to conduct extensive site
surveys and economic and feasibility analyses to
ensure that a rule is developed that employers
of all sizes can easily comply with. In addition,
we plan to begin to develop compliance
assistance materials to help small and large
employers develop prevention programs.
Source: http://www.dol.gov/budget/chat-budget-20110214-static.htm
19. 1:50 David Michaels, OSHA: The free, on-site
consultation program is OSHA’s most important
small business program. OSHA is requesting an
increase of $1 million to provide a necessary
inflationary adjustment for the program and an
additional 500 visits will be conducted.
1:51 Comment From Mike: Can we expect DOL to
hire additional OSHA compliance officers
(inspectors) under this budget?
1:51 David Michaels, OSHA: The FY2012 budget
request includes funding for an additional 25
compliance officers.
2012 DOL Budget
Q&A Session with Secretary Solis
20. 2012 DOL Budget
Q&A Session with Secretary Solis
1:59 David Michaels, OSHA: Our number one
regulatory priority remains injury and illness
prevention programs.
2:20 David Michaels, OSHA: In FY2012, OSHA
will provide an increase of $1.5 million to provide
a necessary inflationary adjustment for state
programs to help cover, among other costs for
increasingly budget-strapped states, State Plan
staff annual pay raises. After conducting a review
of all state plans last year, OSHA is in the
process of increasing oversight over state
plan operations to ensure that they are at
least as effective as the Federal program.
21. Summary
• Creation of a federal IIPP regulation within 29
CFR 1910 is likely.
• Regulation will likely include:
• Minimum employee threshold
• Management Commitment
• Joint Labor-Management Requirement
• Find & Fix approach to hazards
• Written Program
• Jim Thornton of Northrup-Grumman Summary
• Dealerships and groups with the EHS Pro
product are ahead of the game.
A little background on me, I’m the vice president of products & IT at KPA, I’ve been a California Registered Environmental Assessor for the past 8 years, I have a degree in Environmental Toxicology from the University of California at Davis and I have 15 years of dealership experience. Prior to working for KPA I did environmental remediation work at air force bases across the country.
A little background on me, I’m the vice president of products & IT at KPA, I’ve been a California Registered Environmental Assessor for the past 8 years, I have a degree in Environmental Toxicology from the University of California at Davis and I have 15 years of dealership experience. Prior to working for KPA I did environmental remediation work at air force bases across the country.
Your employees aren’t exposed to the dangers of detonating explosive devices. Detonating an airbag generates a tremendous amount of force and if done improperly the potential for injury is very high. Because the materials are recycled, the federal EPA views the devices as exempt from waste regulation and they can be shipped simply as hazardous materials - not wastes. Not only is it much cheaper than disposal as a hazardous waste, this practice potentially limits your future liability by not contributing materials to a hazardous waste disposal facility.Finally, your airbags will be recycled with more than 95% of the materials being re-used. The plastics, nylon materials and scrap metal all go to different facilities for recycling/re-use.
Sell or donate themObviously if you can find a market for a viable product it is in your best interest to sell these devices. In some cases KPA has found that your local fire department may want some of these devices for training or demonstration purposes. In either case KPA recommends you get a receipt for the transfer and if donating the devices to another agency, it is in your best interest to obtain a liability waiver.Detonation and disposal as normal refuseWhen one of these devices is detonated the ingredients are generally rendered inert, and can usually simply be disposed of as normal refuse. This led many original equipment manufacturers, (OEM’s) to provided electrical detonation kits. The problem here is that these devices are very powerful and safe detonation will require training and a very controlled detonation area.Even more troublesome is the interpretation by most states and local governments that detonation of these devices is considered treatment of hazardous waste. Un-deployed airbags are considered Hazardous by both DOT and EPA definition. EPA also mandates that “Hazardous” wastes cannot be treated or otherwise modified to non-hazardous material without special permitting. So if the purpose of your detonation was to dispose of the airbag, your facility could be reclassified as a hazardous waste treatment facility operating without a treatment permit. For these two reasons, (safety & waste treatment issues), KPA recommends dealers DO NOT detonate any airbags, or seatbelt pre-tensioners. Airbags and seatbelt pre-tensioner detonation should be left to professionals and not be performed at the dealership.Shipment and disposal as hazardous wasteIf your facility has determined that the devices are not needed and is looking for a quick disposal option, there are several vendors that will transport and dispose of these devices as hazardous waste. The issue with this option is cost and future liability. The typical disposal option is more than $60 per device and as the material is now classified as a hazardous waste you have future liability for its disposition. KPA believes that there is too much risk in this option, and that you should continue to store the devices as materials rather than dispose of them as a waste.Shipment back to the manufacturerMany car manufacturers have conducted recall campaigns of airbags and seatbelt pre-tensioners. In some of these campaigns the dealer was permitted to send the airbags back to the OEM for testing by the OEM. If your manufacturer is running such a campaign and will permit you to ship the items back un-deployed, KPA recommends you take advantage of this service.Shipment as recycled materialsThis is the most promising option available to dealers and one that KPA is working on as a potential solution. It appears that a dealer can classify their un-deployed devices as off-specification surplus materials sent for recycling and if the majority of the material is recycled, the inactivation of the device can be considered a normal part of the recycling process. This would not be considered treatment of waste and the cost for recycling would be significantly less than the cost of disposal as a waste. KPA is actively researching this option and plans to have a solution with a recycling vendor available to dealers in early January at http://www.kpaonline.com/airbags.One last note --- Don’t forget the DOT shipping Rules These devices used to be classified by the DOT as explosive devices but more recently have been reclassified as only Class 9 materials. In either case they are considered Hazardous Materials and must be shipped as such. You should have employees in your parts department that are already DOT trained and can ship these materials safely and compliantly with the appropriate packaging and proper shipping name. Remember that if the device is in its original package and labeled as a Class 9 material it is likely already properly packaged – all you’ll need is shipping papers and an appropriate 24-hour emergency response number. If you’re subscribed to KPA’s DOT product you already have online training and access to our 24-hour number. Finally, please only ship hazardous materials by ground shipment.
