A recent trade press article alerted shop owners that the Occupational Safety and Health Administration (OSHA) planned to target paint booths in auto body shops for inspection this year. If true, this would signal a change in current OSHA policy by increasing the number of inspections focused on auto body repair shops.

The Automotive Service Association (ASA) met with John Miles, director of the Directorate of Compliance Programs for OSHA. Miles made it clear that OSHA has no plans to specifically target auto body repair shops. He stressed that most inspections for body shops were the result of disgruntled employee complaints to OSHA. Miles said, "While the mission of OSHA is to protect and assure worker safety and health, we work toward this goal through a variety of means, of which enforcement is one part. A second important part of our program is the OSHA consultative service."

U.S. Rep. Cass Ballenger of North Carolina serves as chairman of the Worker Protection Subcommittee of the House Education and the Workforce Committee. Ballenger has jurisdiction over OSHA legislation and has introduced bills in recent years that could change the direction of OSHA policy. Specifically, the bills call for more education and consultation, and less inspection. OSHA's most recent appropriations bills have also sent this signal to the president's administration. The message from the small business community has been that we want to adhere to policy that protects our workforce, but we also want to be educated and trained as to what policies should be in place to best accomplish this goal. Consultation program

Miles told ASA that Section 7(c)(1) of the Occupational Safety and Health Act funds a consultation program in all states that is designed to assist the small employer with its safety and health obligations. OSHA encourages shop owners to use this free service. The consultative service provides a safety and/or health evaluation of the facility and includes a written report for use by the employer in complying with OSHA regulations. What is the employer's obligation? The employer must correct all hazards identified through the inspection. There are no citations and penalties issued through the consultative service, and both the visit and the report are confidential and are not provided to OSHA.

The federal requirements for auto body and mechanical repair shops are extensive. Many of the restrictions for paint booths have been around for a number of years and shop owners may need to review current regulations. Federal regulations are very specific as to the construction, floor design, filters, fire suppression, electrical wiring, no-smoking signs and other restrictions for paint booths.

ASA is a member of a federal stakeholder working group titled the Product Stewardship Partnership. The federal agencies involved in this group are the U.S. Environmental Protection Agency (EPA), OSHA and the National Institute for Occupational Safety and Health (NIOSH). The purpose of the working group is to develop regulations that will establish a better system for protecting the painter in auto body repair shops by improving the paint environment. ASA wants to make sure that repairers use the voluntary options available to achieve this goal. More regulations and burdens on small businesses are not the answer. These voluntary systems provide a workable alternative for shop owners.

ASA has conducted a number of OSHA seminars at the International Autobody Congress and Exposition (NACE) over the years. These have been well attended. ASA believes that its greatest service to shop owners in the areas of worker safety and health, as well as OSHA compliance, is to encourage owners to use the OSHA consultation program. In upcoming months, ASA will pursue this further by highlighting the consultation program and how to become involved in each state.

Congress is currently interested in more education and training for small business owners and less emphasis on penalizing the business community at every opportunity. With politics being very fluid, it is important that we take advantage of this business environment and evaluate our worker health and safety policy. Each shop owner wants to provide the safest workplace for each employee. The consultation program is a step in the right direction.

ASA keeps a current record of each state's consultation program and how to become involved in the program. If you are interested in more information about OSHA's consultation program, call ASA's national headquarters at (800) ASA-SHOP (272-7467).

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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