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On the Move - March 11, 2016
Legislative Updates from State Circle
MD State Capitol
The 2016 legislative session of the Maryland General Assembly is two thirds of the way complete.  This is the point during the 90 day session that lobby groups and legislators make the final push to get legislation out of one chamber before the cross over deadline strikes.  MADA just completed one of their busiest weeks with bill hearings on important industry related measures.  MADA's number one priority is the creation of new law that allows dealers to disclose all safety related information that a manufacturer furnishes to a dealer.  This legislation also contains an important provision ensuring that any manufacturer issuing a stop sale on vehicles will fairly compensate dealers for inventory held on their lots subject to the stop sale.  The bill was heard in both the House of Delegates and Senate over the last two weeks, and legislators have indicated their desire to pass the disclosure legislation.  MADA also introduced a bill to ensure the trade-in credit applies to all trade-in transactions regardless if the trade-in is a lease or not.  The hearing was held this past week, and there was no opposition.  MADA expects this bill to become law this year, thus eliminating all confusion on whether the trade-in credit applies or not.  Finally, MADA supported a bill introduced by the body shop association which requires insurance companies to mandate genuine crash parts that meet OEM standards are used as replacements within the first two years of the vehicles origin.  This bill met considerable resistance from the insurance lobby.  
 
Please contact the Association at any time to discuss legal/legislative issues that you would like to see MADA pursue.

MADA Announces Employment Law Seminar
The Maryland Automobile Dealers Association invites Dealers and Managers to a half-day employment law seminar presented by Mark J. Swerdlin and Shelby Skeabeck from Shawe & Rosenthal, LLP.

Topics To Be Addressed:
  • Latest developments in labor and employment law.  Are you up to date and compliant?
  • Interplay between decriminalization of marijuana and workplace drug/alcohol policies.
  • Upcoming changes to FLSA's overtime rules, as well as whether Service Advisors are exempt.
  • Salesman and Commission Employees-Advances and settlement periods.
  • Employment of Minors.
  • Social Media Practices in Hiring and Firing.

Date:

Tuesday, April 12, 2016

 

Time:

9:00 - 11:30 a.m.

 

Location:

Turf Valley Resort
2700 Turf Valley Road, Ellicott City, MD 21042

Registration Fees:
$90.00 per MADA Member
$180.00 per Non-Member

Click Here to Register Today!
Join Us During the NADA/ATD Convention!  
MADA / VADA / WANADA Reception at the 2016 NADA/ATD Convention and Expo!
 
Friday, April 1, 2016
6:30 - 8:30 p.m.
 
The Stratosphere Hotel and Casino
Las Vegas, NV

 
To register, please RSVP via email to Katie Guroian

Please note that this year's invitation is an email/electronic invitation, there is no paper invite.  Simply click and register today!
Please Complete the 2016 Dealership Workforce Study
NADA and ATD members who participate in the 2016 Dealership Workforce Study - which entails completing a questionnaire and submitting payroll records - will receive the trends report, Automotive Retail: National & Regional Trends in Compensation, Benefits & Retention, and a customized report for your dealership at no cost. The trends report, which retails for $399, is packed with useful information on competitive pay, benefits and work schedules so that dealerships can attract new hires and retain talented employees. The customized report, which is only available to participants, provides dealers with comparison data to see how they stack up against their peers nationally, regionally and by state as well as by brand. Last year, more than 290,000 payroll records were submitted.

The participation period for the Dealership Workforce Study closes on April 29, 2016. To participate, visit www.nadaworkforcestudy.com. For questions, send an email to WorkforceStudy@nada.org or call 800.557.6232.
Revised OSHA Hazard Communication Requirements Due June 1, 2016
The Occupational Safety and Health Administration (OSHA) has revised its chemical Hazard Communication requirements, and has been phasing these changes in over the last four years.  Chemical manufacturers were required to comply with the new requirements by June 1, 2015, and distributors had until December 1, 2015 to do so.

What does this mean for automobile dealerships?  By June 1, 2016, three major changes at dealerships are required:

  1. Chemical containers must include the new Global Harmonization System (GHS)-compliant labels (signal word, pictogram, hazard statement and precautionary statement), unless the distributor can document why the new labels are not provided.  Examples for a dealership would be chemical containers coming into the facility (e.g., gallon container windshield washer fluid) or changing the labels on existing aboveground bulk storage tanks (e.g., antifreeze, waste antifreeze, waste oil, windshield washer and motor oil).
  2. As they become available, dealerships must replace existing Material Safety Data Sheets (MSDSs) with the new mandatory 16-section Safety Data Sheets (SDSs).
  3. Dealers must update their dealership's Hazard Communication Program, as necessary, and provide additional employee training in the new requirements.  (Note: This was originally required by December 1, 2013, so selected dealerships may have already received this training.)
Please note that OSHA has previously stated (in a February 2015 enforcement guidance memo) that the agency will not cite employers who are end users of chemicals, which includes dealerships rather than manufacturers, importers or distributors, for not having a GHS-compliant SDS for a chemical, if they are not available from the distributor or manufacturer.  However, as the SDSs become available, the employers must replace existing MSDSs with the SDSs, maintain them in the facility, and make them available for employees to examine.

More information regarding these new requirements is available on the OSHA website.
EPA Reminders about A/C Refrigerant and Technician Compliancy
As the warmer months arrive, so does repair work on vehicle air conditioner systems. The Environmental Protection Agency (EPA) is reminding dealers about complying with the agency's Air Conditioning Refrigerant Recycling Rule.

The EPA has increased its enforcement of the rule, and in the past has ned dealers across the country for alleged air conditioning refrigerant recycling violations. The Clean Air Act Amendments of 1990 require technicians who open refrigeration circuits in automotive air conditioning systems to be certified in refrigerant recovery and recycling procedures.

EPA Checking for Technician Certification
The EPA has focused on service departments where technicians lack certification cards. EPA officers will match technicians' photocopied certification cards against repair orders for the past three to four years to verify that a certified technician was doing A/C-related work.

Technicians need to obtain A/C Technician Certification only once; but, because of turnover, service managers need to be sure technicians doing AC-related work are certified.

Equipment Must Also be Certified
In addition to properly training technicians, dealers are required to use approved recover/ recycle equipment, and submit certification of equipment to the EPA.

Also, if there is a change in ownership, the new owner of the equipment must certify equipment to the EPA within 30 days of the change of ownership.

New Refrigerants to be Recycled
The EPA also requires service technicians to recycle HFC-134a and other non-ozone-depleting refrigerants. Any equipment used to recover and recycle HFC-134a from air conditioners must meet EPA standards and be tested by an approved laboratory. Technicians currently certified for CFC- 12 systems are certified automatically to handle non-ozone-depleting chemicals.

Dealers Allowed to Buy and Sell Non-Ozone-Depleting Refrigerants
The EPA allows the sale of HFC-134a or any other non-ozone-depleting refrigerants, and, unless local regulations dictate otherwise, anyone may purchase these refrigerants in any size container. However, CFC-12 in units under 20 lbs. are restricted from being sold to a person who is not A/C-certified.

KPA Has EPA MVAC Certification Training
In order to assist dealers in remaining their compliancy, MADA Endorsed Service Provider, KPA, has a Motor Vehicle Air Conditioning (MVAC) online certification to comply with the EPA's mobile refrigerant servicing requirements. The certification course will include updated information on the newest refrigerants, and is fully compliant with EPA's training requirements.

The course enables tracking of MVAC Section 609 certifications in KPA's online web-based application called myKPAonline.com. This is a huge bene t as tracking employee wallet cards manually is not always reliable. When the EPA audits a facility, records must be available for every employee associated with a Repair Order that has performed AC work.

For more information, please contact Rob Stansbury at KPA. 
Maryland Automobile Dealers Association
7 State Circle, Suite 301
Annapolis, MD 21401
(800) 526.7423 (Toll-free)
(410) 269.1549 (Fax)

www.mdauto.org

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In This Issue
Legislative Updates
MADA Announces Employment Law Seminar
NADA/ATD Reception Invitation
Complete the NADA Workforce Study Today
OSHA Requirements Update
EPA Reminder on A/C Work
Enclosures

MADA Calendar

April 1, 2016 
MADA / VADA / WANADA Reception at the NADA/ATD Convention & Expo 
Las Vegas, NV

April 12, 2016 Employment Law Seminar
Turf Valley Resort, Ellicott City 
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Maryland Automobile Dealers Association | 7 State Circle, Suite 301 | Annapolis | MD | 21401