Over a year ago, the Oc-cupational Safety andHealth Administration(OSHA) placed auto-motive repair business-es on its planned inves-

tigations list. Since then, inspectors havebeen visiting shops in different parts ofthe country. To save time and money,businesses should make sure they’re incompliance by reviewing their safetyprograms before a visit.

Because there are so many business-es in this country, OSHA focuses its in-spection resources on the most haz-ardous workplaces in the following or-der of priorities:

•Imminent danger—situationswhere hazards could cause death or se-rious physical harm.

•Fatalities and catastrophes.•Complaints.•Referrals from other agencies, indi-

viduals and the media.•Follow-ups from prior inspections.•Planned or programmed investiga-

tions. These are aimed at specific high-hazard industries that have experienced

high rates of injuries and illnesses. Autorepair shops are on this list.

In the two years between January2003 and January 2005, OSHA inspec-tors performed planned and complaintvisits to 820 general repair shops, 1309body and paint shops and 416 dealer-ship service departments.

When an inspector comes to call, lethim in! OSHA normally conducts in-spections without advance notice. Em-ployers have the right to require com-pliance officers/inspectors to obtain aninspection warrant before entering theplace of business, but this tends to set abad tone with the inspector. Be pleasantand responsive. Any other behaviorcould give the impression that you havesomething to hide.

The Inspection ProcessAt the beginning of the visit, the inspec-tor will usually explain why OSHA hasselected the shop for inspection, de-scribe what will be inspected and coverthe walk-around procedures. The shopowner can select a representative to ac-company the inspector during the in- P

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48 April 2005

ARE YOU PREPAREDFOR A VISIT FROM

OSHA?BY JESSICA LEVY

When dealing with shop health and safety

issues, planning and implementing an

overall strategy are essential.

Preparedness also will put you on firm

footing in the event of an OSHA inspection.

spection. In larger shops, an authorizedemployee representative, if there is one,also has the right to observe the inspec-tion.

The inspector will probably consultprivately with a reasonable number ofemployees as part of the inspection.This is an important point for the shopowner. The inspectors tend to ques-tion employees on how much theyreally know about topics in which theymust be trained. If employees do notillustrate that they have the knowledgethey should have acquired from prop-er training, the employer can be fined.In other words, the shop owner is re-sponsible for not only providing therequired training, but also for makingsure the employees understand whatthey were taught.

The inspector and representativeswill walk through the portions of theshop covered by the inspection. The in-spector will be looking for hazards thatcould cause employee injury or illness.During the walk-around, the inspectormay point out some violations that canbe corrected immediately. The law re-quires that these hazards be cited, butprompt correction is a really good idea.Finally, expect a closing meeting withthe employer and the employee repre-sentative to discuss the findings andpossible courses of action the shop own-er can take. OSHA must issue a citationand proposed penalty within six monthsof the violations’ occurrence. Citationsdescribe the OSHA requirements thatwere allegedly violated, list any pro-posed penalties and give a deadline forcorrecting the alleged hazards.

What Inspectors Look ForInspectors may do a complete or partialinspection of a shop. Here are some ex-amples of what they tend to look for:

•Programs for required training.OSHA requires specific training, de-pending on the type of business.

•A safety and health program. Thisindicates a shop’s commitment to a safework environment.

•Injury and illness records. Recordkeeping is not required for auto repairshops with fewer than ten employees,but it’s a good idea to keep them anyway.

•Personal Protective Equipment(PPE). Hazards within the workplace

49April 2005

that require PPE need to be identified.PPE that’s needed should be providedand maintained.

•Flammable and combustible materi-als. These need to be clearly identifiedand properly stored and contained.

•Fire extinguishers. The correctnumber and type need to be providedand properly maintained.

•Tools and equipment. All handand power tools and equipment mustbe properly maintained and in goodcondition.

•Lock Out/Tag Out procedures(LOTO). All machinery/equipment ca-pable of movement must be deener-gized or disengaged and locked out dur-ing cleaning, servicing, adjusting andsetup. There must be designatedprocedures and training. An importantLOTO violation in auto shops involvesvehicles being repaired that have notbeen properly locked and tagged out.

•Electrical system. Includes proper-ly grounded extension cords, no multi-ple-plug adapters, proper groundingand double insulation for portabletools and equipment, no exposedwiring or frayed cords and labels onswitches and circuit breakers.

•Signs. Safety signs such as “NoSmoking” and “Exit” must be present inappropriate locations.

•Housekeeping. The shop must beneat to eliminate slipping and trippinghazards. Spills should be cleaned up im-mediately. Likewise, blood and otherbodily fluids must be cleaned up imme-diately, following all proper procedures.

•Walkways and stairs/stairways.Aisles and passageways must be keptclear, marked appropriately and keptfrom being slippery. Stairs must be theright size and properly guarded.

•Floor and wall openings. Theseneed to be guarded or covered.

•Elevated surfaces. These need to besafe to use and guarded.

•Machinery. This equipment mustbe guarded where appropriate, withcords that are safe to use. For example,grinding wheels need to be in goodshape, with proper air gaps and guards.

•Confined spaces. Most shops donot have these. However, shops withvehicle service pits need to makesure that the same safe working con-

ditions are maintained in these areas.OSHA uses a grading system for vio-

lations, based on their severity. Fromleast to most serious, they are: other-than-serious, serious, willful, repeatedand failure to abate. Penalties mayrange up to $7000 for each serious vio-lation and up to $70,000 for each willful

or repeated violation. Penalties may bereduced based on an employer’s goodfaith, inspection history and size of busi-ness. For serious violations, OSHA mayreduce the proposed penalty based onthe gravity of the alleged violation. Nogood faith adjustment will be made foralleged willful violations.

50 April 2005

ARE YOU PREPARED FOR A VISIT FROM OSHA?

Safety signs like this one serve assilent reminders to work safely. Othersigns noting the locations of fire extin-guishers and emergency exits shouldalso be prominently displayed. Emer-gency exit signs should be illuminatedif required by local fire regulations.

What’s the condition of your shop’selectrical system? Could you find aspecific breaker to quickly kill thepower to a damaged piece of equip-ment in an emergency? Take thetime to clearly label all breakers andmake updates to the shop electricalsystem as necessary.

General Repair Shops

Hazard Communication

Abrasive WheelMachinery

Personal ProtectiveEquipment (PPE)

Electrical WiringMethods,Components andEquipment

Portable FireExtinguishers

Oxygen-Fuel GasWelding and Cutting

Guarding Floor andWall Openings andHoles

Medical Services andFirst Aid

Dealership ServiceDepartments

Hazard Communication

Portable FireExtinguishers

Respiratory Protection

Abrasive WheelMachinery

Walking/WorkingSurfaces, GeneralRequirements

Electrical SystemsDesign, GeneralRequirements

Flammable andCombustible Liquids

Personal ProtectiveEquipment (PPE)

Body, Paint, Top & Up-holstery Repair Shops

Respiratory ProtectionHazard CommunicationSpray Finishing with

Flammable/Combusti-ble Materials

Flammable andCombustible Liquids

Personal ProtectiveEquipment (PPE)

Air ContaminantsPortable Fire

ExtinguishersSanitationElectrical Systems

Design, GeneralRequirements

Medical Services andFirst Aid

Most Frequently Cited/Fined Standardsfor Automotive Repair Facilities

While OSHA has been visiting automotive small businesses for years, there hasbeen a recent increase in the number of inspections made. Here are the most com-mon Standards for which automotive repair facilities have been cited and/or fined:

know the hazards and the chemicals towhich they’re exposed when working.They also need to know how to safelywork with them. An established Rightto Know program, which follows theStandard, provides that information,helps keep the shop safe for the em-ployees and ends any chance of theshop owner being fined for not havinga program. The lack of a Right toKnow program—or implementing aninsufficient program—are two of theprimary reasons shop owners are finedby OSHA under the Hazard Commu-nication Standard.

The Right to Know Standard re-quires:

•A written Hazard Communicationplan.

•Identification of hazardous mate-rials (an inventory).

•Labels on hazardous chemicalcontainers.

•Material Safety Data Sheets (MSDS)for all hazardous chemicals.

•Training for exposed employees.All workplaces where employees are

exposed to hazardous chemicals mustdevelop a written plan that describeshow the Right to Know Standard will beimplemented. The written plan shouldprovide enough details about training toshow that a good faith effort is beingmade to provide the appropriate train-ing. The written plan must be made

51April 2005

All shop equipment must be kept in safe operating condition. That means noleaking hydraulic jacks or frayed electrical wiring. The plexiglass safetyguards are present on this grinder, but the tool rests could use some work.

The Right to Know StandardAs noted in the violation lists in the boxon the previous page, “Hazard Com-munication” is the number one inspec-tion violation for general repair shopsand dealership service departments(it’s number two for body and paintshops). From October 2003 to Sep-tember 2004, 186 automotive dealer-ship service departments and body andauto repair shops were cited for theHazard Communication Standard.

There are many chemicals used byautomotive repair shops. When mis-handled or misused, some can causeinjury and/or illness. For example, cer-tain chemicals can cause skin irrita-tions, internal and external burns andpermanent damage to the body if al-lowed to contact bare skin. Overexpo-sure to some refrigerants can causeheart irregularities and unconscious-ness. Battery acid can cause skin irrita-tion and burns. Many of these prob-lems could be reduced or eliminated ifemployees received proper trainingand instruction on the safe handling ofthese materials.

OSHA’s Hazard CommunicationStandard (also known as the workerRight to Know Standard) covers allworkers exposed to hazardous chemi-cals in the workplace. This Standard isbased on the simple concept that em-ployees have both a need and a right to

available to employees and their repre-sentatives.

One of the first items an OSHA in-spector asks for is a facility’s writtenRight to Know plan. If the plan is com-plete, it helps make a good impressionand tends to provide the foundation fora positive audit. The written plan has toreflect what an employer is doing inthat specific business. A generic writtenplan can be used as a starting point, butit must be made specific to each busi-ness.

Inventory Hazardous ChemicalsAll hazardous chemicals in the work-place must be identified and listed in aninventory. The following are typical top-ics for a hazardous chemical inventory:

•MSDS number.•Chemical name.•Manufacturer.•Location in shop.•First aid information.Containers of hazardous materials

must be labeled. Manufacturers, pro-ducers and importers of hazardouschemicals are required to label all con-tainers before they’re shipped. If a busi-ness that uses the hazardous materialtransfers some of it to another contain-er, that business is responsible for label-ing the second container.

An exception to the label rule areportable containers. An employee cantransfer a quantity of hazardous materi-al into a container without a label, if thematerial is used immediately, or during

the same work shift and it is kept undersupervision. None of the chemical canbe left in the unlabeled container. Whyis the portable container rule impor-tant? Here is a true story: An unlabeledcontainer of acetone was in a bodyshop. Thinking it was something todrink, a 21-year-old woman waiting forher technician boyfriend drank some ofthe acetone, causing permanent dam-age to her throat and stomach.

Material Safety Data SheetsA Material Safety Data Sheet (MSDS)must be readily available for every haz-ardous chemical in your facility. When-ever a new chemical is brought intothe shop, make sure an MSDS isplaced in the MSDS book. Ask yoursuppliers to always send an MSDSwith each new chemical, and wheneverthat MSDS is updated, as well. If anMSDS is not provided, ask for onefrom the manufacturer or distributor.Manufacturers, importers and distribu-tors of hazardous chemicals are re-quired to provide MSDSs to the busi-nesses to which they ship chemicals.

These data sheets must be readilyavailable to employees when they’re intheir work areas. Employees should notbe allowed to use any chemicals until anMSDS is available. Trying to read onefor the first time and help a worker whohas been harmed by the chemical is nota good idea. Prior training will reducethe chance of additional injury to theworker in trouble.

52 April 2005

ARE YOU PREPARED FOR A VISIT FROM OSHA?

Any vehicle that’s going to be out of commission for a period of time shouldbe clearly marked as such. To prevent accidental damage, the keys should beremoved from any partially disassembled or otherwise incapacitated vehicle.

MSDSs vary in length and format,but must be in English and containsimilar basic information. MSDSs inother languages should be provided aswell if there are employees who donot understand English and if an in-terpreter is not available at all times.The required sections for an MSDSare shown in the box below.

TrainingEmployees exposed to hazardouschemicals must be trained to identifythem and to read and understand labelsand MSDS materials. The trainingshould also include any work practicesand/or personal protective equipmentthat must be used around the chemi-cals. Every time a new hazardous chem-ical is placed in a shop, all employeesexposed to it must have a training ses-sion on the Right to Know issues.

The Right to Know rule does not re-quire employers to maintain records ofemployee training, but it’s a good ideato keep them in case you’re audited byOSHA. Regardless of who does thetraining, the employer is ultimately re-sponsible for ensuring that employeesare adequately trained. If the compli-ance officer finds that training is defi-cient, the employer will be cited.

It’s in a shop owner’s best interest toreview his safety program now to

make sure it’s in compliance. Follow-ing OSHA regulations avoids the pos-sibility of penalties, tends to decreasethe number of sick days taken by em-ployees due to preventable illness orinjury and lowers Workers’ Compen-sation and insurance rates.

Jessica Levy, owner of Fun and EasyLearning, LLC, in Vinton, Iowa, hasworked in the automotive and educa-tion fields for over 32 years. She haspresented environmental, health andsafety seminars across the countryand is the author of EPA and OSHACompliance For Automotive SmallBusinesses and School Career Pro-grams and The Right to Know:Chemicals in the Workplace, amongother books. For additional informa-tion, call 319-472-5118, or go towww.funandeasylearning.com.

56 April 2005

ARE YOU PREPARED FOR A VISIT FROM OSHA?

Material Safety Data Sheets areavailable for all of the potentially haz-ardous materials used in an averageshop. This MSDS for brake cleanercovered three pages. Keep all MSDSmaterial in a binder that’s readily ac-cessible to all shop employees andmake sure everyone has been ac-quainted with the proper handling ofall materials described in the binder.

Visit www.motor.com to downloada free copy of this article.

Section 1: Identification

Section 2: HazardousIngredients/IdentityInformation

Section 3: Physical/ChemicalCharacteristics

Section 4: Fire and ExplosionData

Section 5: Reactivity Data

Section 6: Health Hazard Data

Section 7: Precautions for SafeHandling and Use

Section 8: Control Measures

Required Sectionsof a Material SafetyData Sheet (MSDS)