OSHA Shop Laws

[Shawn F.]

I am in the process of opening a high end auto detailing shop and have a few questions for some of you here with auto shops... Before calling and having OSHA send out someone to tell me what is needed to meet OSHA standards, I was hoping some of you guys here can help me out with some of the things I need to have and do to prepare my shop for it. I know off the bat I need MSDS sheets for every product and chemical I have. Also need a first aid kit and eye wash station as well as EXIT sign in front of doorway leading outside.
What else do I need and what else do I need to be aware of and set up? Are there certain color codes of things I need to have? Is there a certain way things like my polishes and compounds and liquids need to be stored in?

Any info, suggestions or opinions would be GREATLY appreciated here guys!

 

[RobSmith]

Either a "Customers only" or a "Staff Only" sign for the workshop area. Joe public can cause all sorts of havoc simply by just being in the way.....build a waiting room and BAN them from the work area.

 

[Mstrfxit12]

Well first off I would not suggest you call OSHA. Based on what you said your business would be doing I would not consider you to be a high risk industry. That means you'll likely never see OSHA unless you have an accident that either you have to report or is reported for you by local public safety. What I would suggest is looking for classes in your area giving the OSHA 10 hour program for general industry. Taking this classs will give you a good understanding of the big issues you should be focusing on. This will include things like, Walking and Working surfaces, Hazcomm, personnel protective equipment, lockout tagout, etc. These classes are usually not terribly expensive and will give you a good idea where you should focus. One thing I would offer is just because your shop may pass a building code inspection does not mean it is compliant with 29 CFR 1910. Googling that regulation will also give you some help as to where to focus. Hope this helps some... Chris

 

[ConCretin]

The OSHA 10 is focused more on the employee but it's not a bad idea. You can take the course online. Just google it. You could also call the insurance company's risk management department. They will be more helpful than OSHA.

 

[crewchief888]

i'd be more worried about what the insurance company says than OSHA.

a call to the fire inspector might be a good idea too.

 

[Big Bad Dad]

Any time OSHA visits a construction site, they seem to love to look for extension and power cords with the ground terminal broke off of the male plug or a break in the insulation. Instant violation.

 

[ptschram]

How many employees will you have?

The main thing to remember is the "general duty clause".

"It is the employer's duty to provide a workplace free of recognized hazards".

Generally, if you have fewer than ten employees, Federal OSHA regs don't apply, but many states have lower thresholds.

Otherwise, there are so many issues to be aware of it is impossible to answer such a question.

Find yourself a copy of 29 CFR 1910 and start reading.

 

[ConCretin]

Generally, if you have fewer than ten employees, Federal OSHA regs don't apply, but many states have lower thresholds.

Careful here. I don't believe this is correct.

 

[ptschram]

Careful here. I don't believe this is correct.

Oh yeah? Prove it!

In most cases, to be covered under federal OSHA laws, one must have more than ten employees and be engaged in interstate commerce.

However, we've seen that the administration uses a very broad definition of "interstate commerce".

 

[thatvan]

All employers are required to adhere to OSHA regulations. If an employer has less than 10 employees they are exempt from certain aspects like having a written Illness Prevention Plan (IPP) ect, but must still follow OSHA.

 

[LSU]

Good luck with your business.

It is tough to respond to your questions without knowing more specfics but you've already got some good responses above.

Before I'd call anyone "offically" I'd do some serious homework but I would do it without calling officals and asking them.

1. Zoning - is your buildling/area zoned correctly?
2. Permits - be really careful here. Don't wire in a 220v plug for a welder and then find out your utility company had to do an inspection or you didn't pull the correct permit. When I last pulled permits for a business I had to have the following inspections before I could get an occupancy permit:

1. Power Company;
2. Local Fire Department;
3. Natural Gas Company;
4. Plumbers Certificate who certied that the gas line was pressured tested;
5. City Inspector;
6. State Fire Marshal;
7. Code and Zoning Compliance Inspection.
8. Heatlh and Zoning

My experience is once you call one inspector, the whole process starts so make sure you're not learning as you're going.


The first time I opened a small business (about 28 years ago) I just called up the power company and had the juice turned on. Things have changed.

You don't want to open your place up only to have the code and zoning folks come by and pull your ticket because you're operating a commerical business in an area that is zoned "light commerical" (Where I live this is done by the City telling the electric and gas company to pull the meters - you're shut down).

I know there are a lot of DIYs on this board (I am one - I'm not a professional in this area) but I've learned the hard way (and sometimes not the hard way) that you've got to know the rules before you call anyone.

If you call up OSHA and ask a question you're going to get the standard answer. If you know the answer before you call, you'll know what question to ask or you might know enough not to call.

Same thing with your Insurance - plan on getting CGL - Comprehesive General Liability Insurance. If you have employees you'll most likely need worker's comp. If you or your employees are going to be driving vehicles, make sure the usage of the business car the customer's car is covered by a policy. Your GEICO insurance isn't going to cover a commerical business.

One of the reasons "small shops" can frequently underbid the big shops is that the big shops have to pay all the fees, insurance, etc. It is part of the overhead and is passed on to the customer.

I'm not trying to discourage you in any way but before you sink thousands (maybe tens of thousands) of dollars into opening a business - you've got to know the pitfalls.

Last thing - the one frequent people who complain about a new business in the area are the neighbors (because of noise, parking, etc.) or a competitior. Make nice with the neighbors. Just because you can do something doesn't make it a good idea.

Please keep us posted with your thoughts and progress.

 

[ConCretin]

Oh yeah? Prove it!

In most cases, to be covered under federal OSHA laws, one must have more than ten employees and be engaged in interstate commerce.

However, we've seen that the administration uses a very broad definition of "interstate commerce".

I don't disagree with your last comment but since you raised the issue of an exemption, I'd respectfully ask you to produce the source.

Did some quick checking. There are some reporting and record keeping exemptions for employers with 10 or less workers and general exemptions for sole proprietors, family members and volunteers but that's all I find.

I can't find any exemptions for an employer's responsibility to abide by workplace safety regs.

 

[Stuart in MN]

Any time OSHA visits a construction site, they seem to love to look for extension and power cords with the ground terminal broke off of the male plug or a break in the insulation. Instant violation.

As it should be.

 

[terry603]

OSHA cares about safety af any paid employee no matter how small a company
had a contractor friend that OSHA saw his truck and table saw outside a worksite and stopped by.
was going to fine him for not having a guard on his table saw.
when they found out he was working alone,they could not fine him,since he worked by himself alone.

 

[Strouty]

OSHA cares about safety af any paid employee no matter how small a company
had a contractor friend that OSHA saw his truck and table saw outside a worksite and stopped by.
was going to fine him for not having a guard on his table saw.
when they found out he was working alone,they could not fine him,since he worked by himself alone.

I always wondered about that, I work on towers and as an owner operator would OSHA be able to fine me for a violation, of course now I am incorporated, so it makes me an employee of the corporation, but before as a DBA I would have argued it to death.

 

[Roots]

OSHA has a very helpful consulting service, they're not the boogeyman. They're actually quite helpful and willing to give a safety analysis of your facilities and offer suggestions for best practices and mandatory issues, without a fear of being fined during the inspection. Businesses which show a willingness to be at the forefront of safety and preempt the encounter, are given very generous tolerances and time frames to come into compliance. Businesses which create an adversarial relationship, not so much.

An OSHA 10 or 30 class is quite helpful, and I'd encourage you to take one. They're generally readily available online for quite small fees. Many industries are now even requiring applicants to have taken the class before being considered.

There are a few variances, depending on the size and nature of the work; but for the most part if you have employees, you're held to OSHA standards. Also remember that many states have instituted their own OSHA state agencies which follow a different set of rules. They're required to uphold the minimum OSHA rules, but can add to them or exceed their requirements. For the more technical rules, it can become quite complicated, but you're not likely have to deal with those.

I actually have Professional Certification in Occupational Safety and Health.

Yes, you'll likely need flame proof storage cabinets for many of your chemicals. Additionally the cabinet color does specifically denote what type of chemicals can be in them.

I'm about to take my daughter to a museum, but will try and list some of the other likely requirements later on.

 

[ptschram]

I actually have Professional Certification in Occupational Safety and Health.

CSP?

I spent 19 years doing EH&S for heavy industry; power generation, primary metals and automotive parts.

I've been out of it ten years and couldn't be happier.

 

[Twiggss]

I would be talking more to your insurance agent and fire marshal.

 

[Terry454]

I am not so sure how much OSHA cares, but your local fire marshal will want any flammable fluids stored in a proper container/locker. We have several of them at school, and above a certain size they have to be vented to the outside. I think aerosol containers go in them as well. FWIW: Ours are yellow and have FLAMMABLE in large letters. There may be some local requirement for placarding on the exterior of the building.

In our community the Fire Marshall was happy to come by (he actually sent an inspector over) and tell us what we needed to do, but since we are a school they may have treated us differently than a business. I would hope not, but reality often *****.

It didn't apply to us, and may not to you -- but I have noticed placards on the outside of one of the older commercial buildings here that says "WARNING Bow Truss Roof." That probably means nothing to most customers, but the fire department for sure wants to know that in the event they are responding to a fire. I haven't figured out 1) Why can't they tell from looking, 2) We are in a urban area and the local fire department ought to be very familiar with the community so the type of building construction ought to not come as a surprise to them, but then there is "mutual aid" so maybe that is the reason. Anyway, I have digressed. Sorry.

 

[Roots]

CSP?

I spent 19 years doing EH&S for heavy industry; power generation, primary metals and automotive parts.

I've been out of it ten years and couldn't be happier.

Cheers, I worked in power gen as well! I didn't meet the requirements for taking the CSP exam because my safety role in the plants was not my primary role and my degree wasn't in an EHS field. So I picked up some others. I've since moved on but greatly enjoyed my work as a safety rep and committeeman.

 

[Charles (in GA)]

As mentioned, a flammables cabinet. Also, a approved container for waste rags. Do not have anything (chemicals, etc) that are not in their original containers. (you can, but there are requirements about labeling secondary containers, it isn't worth your trouble).

As discussed MANY times before, if you have a compressor, DO NOT have any PVC piping in the air system.

Make sure the electrical panel is kept clear per NEC requirements. You can purchase labels for this also.

Proper signage and labeling on everything goes a long ways towards making the place look professional.

Emergency lighting is not a bad thing either. Some of this can get expensive, but even if everyone approves you, always keep it in mind and budget to constantly be adding to the safety features.

You will need fire extinguishers of course, and they will have to be current and up to date on inspections.

Charles

 

[Shawn F.]

Thanks a lot guys! I knew there were a TON of regulations and now after reading here I am overwhelmed with it and may just call OSHA up in a few weeks to get them to come out and help me. As for Fire Marshall, I'm in the local fire department and a guy in the department with me is the local Fire Marshall. As for the sign on the type of roof structure and why it's there, that would probably be because there are idiotic fire fighters out there too. People think of firemen as big on safety and knowing everything about it but NOT true, there's some idiots out there that probably can't even read that sign... Anyways, I have fire extinguishers that are labeled and hung on the wall and clear. Also have EXIT sign above the door and Emergency light to the center right of the shop. Electrical panels are near the bay door and in clear open sight with nothing in front of them either. The only thing I am missing that was mentioned here is the Flammable cabinet and eye wash station. Not sure how much that will run me but if it's needed, it's needed. As for waste rags, does that go for polishing rags and such too? I will not have any rags with motor oil, trans fluid or anything like that on them. Only glass and polish towels (microfiber).

Thanks again guys and please keep the info coming!

 

[darkk]

NEVER EVER CALL OSHA! NEVER EVER CALL OSHA! NEVER EVER CALL OSHA!
Do not let those people near your property! All you need is to get your permits, the city inspector will let you knowwhat you need. Again NEVER EVER CALL OSHA!!!!!

 

[Charles (in GA)]

NEVER EVER CALL OSHA! NEVER EVER CALL OSHA! NEVER EVER CALL OSHA!
Do not let those people near your property! All you need is to get your permits, the city inspector will let you knowwhat you need. Again NEVER EVER CALL OSHA!!!!!

Did you have a bad experience with them (justified or not) or are you just saying this because.............

Charles

 

[Falcon67]

NEVER EVER CALL OSHA! NEVER EVER CALL OSHA! NEVER EVER CALL OSHA!
Do not let those people near your property! All you need is to get your permits, the city inspector will let you knowwhat you need. Again NEVER EVER CALL OSHA!!!!!

LOL. Like a nuc guy saying never call the NRC or a chemical company saying never call the EPA. They may well come anyway, best to have them come on your terms. It's quite possible that having your setup reviewed by OSHA would give you a potential "affirmative defense" should some issue come up later.

 

[CARS]

Is there going to be employees or just you???

 

[cderalow]

LOL. Like a nuc guy saying never call the NRC or a chemical company saying never call the EPA. They may well come anyway, best to have them come on your terms. It's quite possible that having your setup reviewed by OSHA would give you a potential "affirmative defense" should some issue come up later.

actually, calling OSHA and having them perform a voluntary inspection results in them giving you pointers on corrective actions and no violations.

it also generally gets you out of the random inspection queue.

Ive been in companies who have done it several times and it has helped them avoid some large potential fines.

 

[Mstrfxit12]

SMF, dont be overwhelmed. While it may seem like alot, if its a small shop and you have some common sense that it wont be that bad. There has been alot of good info passed on here as well as some bad too.
1. "Dont call OSHA"- I agree but there are other ways to get the help if you feel you need it. There are plenty of consulting businesses out there to help, but I dont think you need it.
2. "Your permits are enough".- This is definately not accurate. You may be in compliance with building codes but not with OSHA regulations.
3. "How many people work there"- Big question with important answers. If you are self employed and without employees the OSH Act does not apply to you. If you have less than 10 employees you will have relaxed recordkeeping requirements.

At the end of the day you have to do what you feel the most comfortable doing. If its putting in a call to then then do it but most people in this line of work wouldnt recommend it I think. I would recommend you go to OSHA.gov and check out the small business tab. There are many resources in there that will help you out.

As previously suggested by myself as well as others, picking up a copy of 29 CFR 1910 or taking a OSHA 10 will really give you some insight as to where you should be and how you pritoitize your response to your issues.

 

[Travis E.]

OSHA has a very helpful consulting service, they're not the boogeyman. They're actually quite helpful and willing to give a safety analysis of your facilities and offer suggestions for best practices and mandatory issues, without a fear of being fined during the inspection. Businesses which show a willingness to be at the forefront of safety and preempt the encounter, are given very generous tolerances and time frames to come into compliance. Businesses which create an adversarial relationship, not so much.

An OSHA 10 or 30 class is quite helpful, and I'd encourage you to take one. They're generally readily available online for quite small fees. Many industries are now even requiring applicants to have taken the class before being considered.

There are a few variances, depending on the size and nature of the work; but for the most part if you have employees, you're held to OSHA standards. Also remember that many states have instituted their own OSHA state agencies which follow a different set of rules. They're required to uphold the minimum OSHA rules, but can add to them or exceed their requirements. For the more technical rules, it can become quite complicated, but you're not likely have to deal with those.

I actually have Professional Certification in Occupational Safety and Health.

Yes, you'll likely need flame proof storage cabinets for many of your chemicals. Additionally the cabinet color does specifically denote what type of chemicals can be in them.

I'm about to take my daughter to a museum, but will try and list some of the other likely requirements later on.

To me, this is one of the better responses. I do this type of work and can tell you that the regulatory agencies most feared are there to help you, just give them a call. The classes offered are a great start. Nothing to fear, it will just make you more aware.

 

[Zeke]

Man, if you were in CA, OSHA is the last worry you would have. We have CalOSHA. But we also have people who want to know where the water goes you use to wash the car. What you use for chemicals and more.

 

[willymakeit]

As Root and Travis have noted, they can be very helpful. I usally set up a consultation where they will look things over and write the corrections thar are needed. There are no fines attached and you have 90 days to correct. You usally send the corrections in via e-mail. During this time you are considered under consultation and if another inspector arrives during this time, unless there is a dangerous situation that is visible they leave.
I do these approx.4/6 times a year. Get the minium of a 10hr. and have some or all of your employees do this also. A low work comp. modifer is a good thing.

 

[Kevin54]

You can get around buying a stand alone eyewash station by buying an eyewash adapter that mounts directly to a faucet. When you pull up on a small lever it pops the caps off of what is basically two inverted faucets or bubblers. Our shop threw away all of the stand alones do to bacteria that ended up growing in them. Now ours have to be hooked to a direct water source.

 

[charged355]

Funny I seen this thread and my work is making me take the OSHA 10 this week. Good thing I read this looks like I will have to pay close attention since I want to open a small business myself.

 

[Charles (in GA)]

3. "How many people work there"- Big question with important answers. If you are self employed and without employees the OSH Act does not apply to you. If you have less than 10 employees you will have relaxed recordkeeping requirements.

If he gets into the OSHA compliance mode from the very beginning, he will have the proper mindset, and WHEN he does hire help, he will already be prepared. If you treat it like you will be opening the doors with 30 employees, you will be ahead of the game when you hire a helper.

Charles

 

[Charles (in GA)]

You can get around buying a stand alone eyewash station by buying an eyewash adapter that mounts directly to a faucet. When you pull up on a small lever it pops the caps off of what is basically two inverted faucets or bubblers. Our shop threw away all of the stand alones do to bacteria that ended up growing in them. Now ours have to be hooked to a direct water source.

I too pondered the faucet units as I felt I needed something in my shop for emergencies. I looked at quite a few online, just didn't like them being on the end of the faucet I used all the time. Also looked at swing away units that mount next to the sink. Some even turn on automatically when swung over the sink, but they want TOO much money for them. Think I'll ever find one at the flea market

I recall reading that the faucet mounted ones could be used as an optional or secondary eyewash, but not as the only (OSHA legal) eyewash. There are requirements that they require minimal effort to operate, a one hand movement of push of a valve. Swiveling a faucet spout into position, turning on the water, adjusting the temp, and pulling the bypass valve to start the eyewash flow is not a legal primary eyewash. Notice that the ones pictured below turn on automatically when swiveled into place, just as if you walked up to one and used your hand or knee to operate the valve.

http://www.gesafety.com/products/eyewash/eyewashes.shtml

Charles

G1849 eyewash $349

G1805 swing over eyewash $205

Here is a faucet mounted eyewash................

G1100 faucet mounted eyewash $59

Important: Faucet-mounted eyewashes, whether manufactured by Guardian Equipment or other companies, require two motions to operate (turn on water, pull knob to activate eyewash flow). Therefore, Guardian does not believe that these units meet the provisions of ANSI Z358.1-2009 as eyewash units. These units are intended solely as supplemental units in addition to dedicated, plumbed eyewash equipment installed in the workplace.

Faucet-mounted eyewashes should be used with cold or warm water only. Use of hot water might cause scalding.

ANSI Standard Z358.1

The OSHA regulations listed in 29 CFR determine where and when emergency eye wash and shower equipment must be installed. These regulations do not, however, specify design characteristics or minimum performance levels for this equipment. The American National Standards Institute has adopted ANSI Standard Z358.1 “Emergency Eye Wash and Shower Equipment” to address these issues. This standard serves as a guide for the proper design, performance and installation of emergency equipment to comply with OSHA regulations. The standard was most recently updated in 2004.

Guardian Equipment offers an ANSI Z358.1-2009 “Compliance Checklist”. This checklist summarizes and graphically presents the provisions of ANSI Z358.1-2009 with respect to each type of emergency equipment. The checklist can be used to assist in the proper selection, installation and maintenance of emergency equipment. It can also be used in performing an audit of existing emergency equipment. The Compliance Checklist is included in this catalog. The second page of each product section contains the page of the checklist that deals with the type of equipment shown in that section.
See Guardian's ANSI standard guide

Click the pic for the guide...............

ANSI Guide

 

[Shawn F.]

Thanks a lot for all of the information guys! As for employees, I am the only one and I have a part time helper currently lined up (we were mobile but now a fixed location). As for the shop, I am not open for business yet. I am taking this month to set up the shop correctly and getting it all prepared before I start working out of it. If OSHA comes by before I am open for business I am assuming I will have longer than 90 days to get everything in order?
The eye wash that hooks to the sink faucet looks awesome and I may opt for something like that basic $60-$100 one. My plan for now is to do all my research that I can and get the shop setup as close to OSHA as possible from what I learn here and on their site. Once that is done I will call them to come look it over and tell me what needs to be done. As for the location of the eye wash station and first aid kit, does it matter where it's at compared to where I will be working on the cars? The sink I would mount it is only 2 car bays over in front of the office and bathroom. The first aid kit I planned to put in the office or just in front of the bathroom near the sink that the eye wash station will be.

Keep the info and comments coming guys!

 

[ConCretin]

At the risk of getting too far off topic, do you intend to pay your 'helper' as an employee? If not, you run the risk of running afoul of you state dept of labor (or whoever administers unemployment insurance) or your state worker's compensation board BUT you may actually be exempt from OSHA.

In any case, an OSHA inspection is very unlikely. I'd suggest you focus on the myriad of other potential liabilities and business risks you face as a start up.

I'd echo the comment from a previous poster regarding starting out on the right foot when it comes to safety but it doesn't hurt to understand where your major risks lie.

 

[Shawn F.]

Yes he is paid as an employee and taxed. Nothing will be under the table, it will all be legit. ***** for starting up at a fixed location and I know 99% of the local guys here do not do it but I am not them. I will be holding myself to a much higher standard and do not want ANY issues down the road with OSHA, IRS, local government, etc. Right off the bat this is all very overwhelming but it's got to be done...

 

[ConCretin]

Yes he is paid as an employee and taxed. Nothing will be under the table, it will all be legit. ***** for starting up at a fixed location and I know 99% of the local guys here do not do it but I am not them. I will be holding myself to a much higher standard and do not want ANY issues down the road with OSHA, IRS, local government, etc. Right off the bat this is all very overwhelming but it's got to be done...

Good for you! It will pay off in the long run.

 

[Shawn F.]

Thanks LLWillysfan, I sure hope so! I've been doing mobile detailing for the past few years and have been planning to have a shop for the past 2 years. All my long sleepless nights of research and hard work are finally paying off!!!