GNYADA November 2014 Newsletter

GNYADAWins Another Extension From DCA on Subpoena Submittal

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ten. GNYADA has met numerous times with members of the City Council and with representatives of DCA and the Mayor’s office. By arranging for another extension (GNYADA was able to work out two earlier delays since July), GNYADA will be able to continue its work with DCA and reach a reasonable solution to this matter. We will continue to keep you informed about our progress in work- ing out a successful resolution on this issue. If you need further informa- tion, please contact Susan Bieber, Director of Dealer Services, at 718.746.5900, ext. 250. require employers to report all work- related in-patient hospitalizations to those occurring within 24 hours of the work-related incident, as well as amputations and/or loss of an eye, to OSHA within 24 hours. Previously, employers had to report only when three or more employees were hospi- talized from a single incident. Employers will report this informa- tion by telephone to the local OSHA office, the toll-free number (800.321.6742), or via a web-portal that will be available by January. GNYADA’s Annual OSHA Compliance Seminar on December 17 will include a discussion on poli- cies and procedures dealers must implement to comply with OSHA’s new recordkeeping requirements. Contact Phyllis at 718.746.5900 or phyllisa@gnyada.com to register.

subpoenas to more than 200 dealers alleging that dealers who sell vehicles with an open recall are engaged in a deceptive practice. In addition to the actions of DCA, legislation was intro- duced by the New York City Council that would also make it illegal to sell used cars in NYC with open safety recalls. GNYADA has contested DCA’s interpretation of existing law and has been working with both City Council Members and DCA on find- ing a satisfactory resolution. GNYADA President Mark Schienberg testified on the legislation at a Consumer Affairs Committee hearing on October 29 as to conse- quences of the legislation as it is writ- Dealers must record all work-related injuries and illnesses that result in days away from work, loss of con- sciousness, restricted work or transfer to another job, or medical treatment beyond first aid (as defined by OSHA). Dealers will also have to complete and post the Summary annually, even if no recordable work-related injuries or illnesses occurred during the year. Dealers must retain these forms for five years. Forms can be completed online, and the forms and instructions can be found at https://www.osha.gov/ recordkeeping/RKforms.html . Reporting Severe Injuries The new rule retains the requirement to report all fatalities (those occur- ring within 30 days of the work-relat- ed incident) to OSHA within eight hours but changes the regulation to

As a result of GNYADA’s most recent meeting, the NYC Department of Consumer Affairs has extended the December 5 subpoena deadline regarding the sale of used cars with open recalls to February 2, 2015. GNYADA appreciates DCA’s under- standing of the need to extend the subpoena’s deadline until after the New Year. Together, we’re engaging in ongoing constructive dialogue to find a workable solution that’s in the best interest of both vehicle owners and retail new and used car dealers. As mentioned in previous articles in the Association's newsletter and emails to our members, DCA issued In September the Occupational Safety and Health Administration (OSHA) announced a new rule revising the requirements for recordkeeping and reporting work-related fatality, injury, and illness information that goes into effect January 1, 2015. New car deal- ers along with a few other industries are now required to keep records of these incidents. However, dealers with 10 or fewer employees remain exempt. What Forms Will My Dealership Need to Complete? The OSHA injury and illness record- keeping forms are: Log of Work-Related Injuries and Illnesses ( OSHA Form 300 ) Summary of Work-Related Injuries and Illnesses ( OSHA Form 300A ) Injury and Illness Incident Report ( OSHA Form 301 ) n n n 8

New OSHA Injury Recordkeeping Rules

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

The Newsletter • November 2014 5