Partnership Program Spotlights Point Of Sale
During the last several years, the Automotive Service Association (ASA) has been a strong proponent of a national "point-of-sale" program for refinish products. This concept began after the 1990 Clean Air Act Amendments mandated air quality standards that led to restrictions on products containing volatile organic compounds (VOCs).
Under ASA’s model bill regarding refinish products, individuals or companies purchasing automotive refinish products would have to undergo training, purchase the appropriate equipment and be properly licensed to obtain VOC-containing products. Although ASA met with the U.S. Environmental Protection Agency (EPA) staff who developed the draft of the national VOC rule, as well as industry leaders, point-of-sale provisions are not part of the current draft of the rule, which focuses on the amount of VOCs manufacturers may put in products. This has left local and state governments or national legislators with the decision of whether to implement point-of-sale controls.
Recently, ASA was asked to participate in a "Product Stewardship Project" at the EPA. Participants include dealers, independent repairers, distributors and paint manufacturers. This project is a product of the Clinton administration’s efforts to get the business community more involved in the regulatory process. The EPA has involved top specialists in economics, toxics, engineering and industrial hygiene in the project. It’s clear that the project goes much further than just a letter or a courtesy meeting.
The official goal of the project is to work together to improve worker protection measures in the automotive refinish industry. There is certainly no better way to provide worker protection than to see to it that those handling refinish products have the proper training, adequate equipment and the official documentation to use the products. After all, why do refinish product containers read, "For Professional Use Only"?
Other Topics To Be Covered In The Partnership Include:
- The role of the EPA regarding regulation of refinish products and product use.
- What do customers (those who buy refinish products) need? Will they accept products with associated warnings, controls or more government presence?
- What about "green" chemistry and technology? Will this bring some regulatory relief?
- How will the information generated by the project be disseminated?
The EPA is at the early stages of developing a long-term policy with regard to refinish products. This process is following a pattern of other clean-air-related topics. For example, as the EPA has placed more restrictions on automobile manufacturers regarding the production of cleaner-running vehicles, the agency has given them protections or relief in other areas. This is also likely to occur with refinish product manufacturing. The EPA will likely encourage cleaner products, while offering some areas of relief for manufacturers. The agency’s work with refinish manufacturers on the draft of the national VOC rule set a precedent for cooperation.
For ASA, the partnership project presents a national platform to debate and advocate for point-of-sale controls as the most practical solution for many of the worker health issues, as well as environmental issues, at stake in refinish product use. Hazards occur out of human error and ignorance. With proper training and equipment, risks are drastically lowered.
Why would any group oppose the proper use of a chemical product? There should be no great reduction in product sales. Motor vehicles will still have to be refinished, only they would be painted by those capable of properly using the products involved. The economic impact falls on distributors who have placed too much emphasis on over-the-counter sales. The volume of sales to do-it-yourselfers (DIYs) or those that have not made the investment in the proper training and equipment is much greater than some distributors would have repair professionals and consumers believe.
The purpose of the point-of-sale program is not to put anyone out of business -- ASA simply hopes point of sale would prompt all refinishers to obtain a reasonable, minimum amount of training and equipment so that refinish products can be safely used.
This past year, legislation was introduced in the state of New York establishing a point-of-sale program. Although it did not pass, ASA hopes that it will be reintroduced. On Feb. 15, the Austin, Texas, city council took the first step in creating a point-of-sale program for Austin. There is hope that if several cities in Texas can enact point-of-sale controls, the state legislature may consider a point-of-sale proposal.
ASA has met with environmental groups and their interest in the point-of-sale issue is high. It will be a slow process, but the importance of this issue to the collision repair industry is critical. As stated in the meeting with the EPA, the work of the agency, as well as that of the U.S. Occupational Safety and Health Administration (OSHA), are central to the continued success of the collision repair industry. By working together, we can create a safer workplace, as well as cleaner air and water. The only way to control what goes into the air and water is to place controls on who and how refinish products are handled. ASA is determined to keep open the debate on this point-of-sale issue.
Bob Redding is ASA’s Washington representative. He holds a law degree from the George Washington University School of Law.
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AutoInc. Magazine ®, Vol. XLIV No. 4, April 1996