GNYADA August 2016 Newsletter

Summer's Heating Up! Keep Your Staff Safe

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providing as much airflow as possible, to limit the buildup of excess heat

During extreme hot weather, require your employees to hydrate often, per- mit breaks in cool areas, and instruct supervisors to monitor for signs of heat stress. This is especially impor- tant for techs and any other staff members who may work outside. Posters, training materials and OSHA Fact Sheets describing heat-related illnesses and how to avoid them are available at osha.gov/ SLTC/heatillness/index.html . For more information, please call the Association: 718.746.5900.

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Visible symptoms of heat-related illness

With temperatures on the rise, dealers must be vigilant about pro- tecting their workers against heat- related ailments on the job. The Department of Labor includes Auto Dealerships on its list of occu- pations for which severe heat may endanger employees. In addition, OSHA can fine employers who sub- ject their employees to an unsafe workplace.

Heat Exhaustion: Headache, dizziness or fainting, weakness, wet skin, irritability or confusion, thirst, nausea or vomiting. Heat Stroke: Confusion, inability to think clearly, passing out or collapsing, seizures, may stop sweating.

Working safely in high temperatures requires:

scheduling frequent breaks for workers to cool down in an air- conditioned or shaded area offering regular breaks for hydration (water, juice, or other non-caffeine beverages)

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Cuomo Creates Taskforce to Crack Down on Labor Violations

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On July 20, 2016, Governor Cuomo signed an executive order establishing a “Joint Task Force on Employee Misclassification and Worker Exploitation.” This action is signifi- cant for dealers, as the order specifies carwashes as a targeted industry. (Other areas that could intersect with automotive operations include truck- ing, janitorial services and waste disposal.) The joint taskforce will be coordinat- ing with ten State agencies, including the Department of Labor, the Division of Human Rights and the Department

of Health. The NLRB’s 2015 redefini- tion of “joint employer” status has already made dealers potentially liable for various mistreatments that involve subcontracted workers, such as payment delinquency, discrimina- tion, or unsafe working conditions. But now, it is far more likely that car- wash facilities will be actively moni- tored for these violations. Previously, the Governor’s Office has created only temporary taskforces to investigate and penalize worker mis- treatment in specific sectors. This joint taskforce, however, is a perma-

nent entity that essentially merges all the previous efforts. If your dealership has a vehicle-wash system that relies on contracted labor, be sure those workers are properly compensated and not exposed to dan- gerous working conditions. Dealers found in violation could be on the hook for back wages, damages, unemployment taxes and more. Dealers can learn more about this issue at GNYADA's Annual Labor Law Seminar on October 18 or 20. To register, call 718.746.5900.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • August 2016 7