November 19, 2013



Online Automotive Platform Sponsor

TITLE SPONSOR OF THE
2013 CHARITY PREVIEW PARTY

IN THIS ISSUE

a DEALER NEWS & INFORMATION

Help Crush 1K Old, High-polluting Cars by End of 2013

2013 CADA Annual Meeting

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

FY2012 EEOC Statistics Published, Disability Claims Prominent in Arizona and Colorado

OSHA Hazardous Communications Changes:  Employee Training Required by December 1st

 

SERVICES & PROGRAMS

Philip B. Kalin Officially Named Pinnacol’s New President and CEO

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

OSHA Compliance & Safety Seminar

KPA Weekly Webinar

Upcoming Seminars


CALENDAR OF EVENTS

NADA Convention & Expo

Upcoming Events


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Let Us Know About Your Accomplishments!

 

THE AFTERFACT

All the News That's Fit to Email!


ARCHIVES

CLICK HERE for Open Road
e-newsletter archives.

CLICK HERE for an Index of Regulatory
& Legal Articles
from the Open
Road e-newsletter.

CLICK HERE for Bulletin archives.

CLICK HERE for Colorado Auto
Outlook
archives.


ONLINE REGISTRATION

CLICK HERE to register online
for various CADA seminars & events.


MEMBERSHIP RESOURCES

CLICK HERE for details on the
Speaker and Educational
Resources
.

CLICK HERE for a list of current
Endorsed Vendors/Programs
.

CLICK HERE for a list of current
Allied Members
.

CLICK HERE for an order form for
CADA forms
.

CLICK HERE for information on all member services.



www.nada.org


www.aiada.org

CLICK HERE for NADA
Regulatory Affairs information
.


STATE GOVERNMENT RESOURCES

CLICK HERE for the Auto Industry
Division
of the Colorado Dept.
of Revenue.

CLICK HERE for the Title and
Registration section
of the
Colorado Dept. of Revenue,
Motor Vehicles Division.

CLICK HERE for the Colorado
Department of Labor &
Employment
website.




Visit us at www.coloradodealers.org.


CADA Hours of Operation
Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

open_sign


CADA STAFF

CLICK HERE for a CADA staff listing


If you have questions
or suggestions
regarding this
e-newsletter, please
contact Marsha Temple at
marsha.temple@coloradodealers.org

CLICK HERE or scroll to the bottom
of this page if you want to be
added or removed from our list.


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to view linked
documents?
CLICK HERE for a FREE
download from Adobe.


ENDORSED PROVIDER/PROGRAMS

CLICK HERE for information about the
Endorsed Programs
.

Contact Polly Penna at CADA to request more information on any of the programs below: polly.penna@coloradodealers.org

Choosing a CADA endorsed provider supports our work for the Colorado retail vehicle industry.
________

American Fidelity Assurance Company
www.afadvantage.com

Supplemental Employee Benefits
________

www.americanexpress.com

a Corporate Card - Rewards Program
________



www.bradfordpublishing.com

Dealer Retail Installment Sales Contract (“Rocky Mountain Bank Note”)
________

www.federatedinsurance.com

a General Liability
________

www.incom-direct.com

Merchant Transaction Processing
________

http://www.kpaonline.com/

HR Management & Online Compliance

Environmental / Health & Safety Compliance
________

www.lbtelecom.net

Telecommunications
________

https://www.nadart.org/

Retirement plan management
________

www.business.officedepot.com  

Office Supplies
________

www.siegeloil.com

Oil, Lubricants, Service Chemicals & Reconditioning Products
________

www.unifirst.com

Uniforms / Standard Workwear
________


www.pinnacol.com

Workers Compensation


 

 


If this e-newsletter does not display correctly,
CLICK HERE
to access the web-based version.


HELP CRUSH 1K OLD, HIGH-POLLUTING CARS BY END OF 2013
Thanks to the donations of Colorado new car dealers, the Clear the Air Foundation has crushed and recycled 831 old, high-polluting vehicles. Now the goal of taking a total of 1,000 dirty, high-emitting cars off the road by end of 2013 is within reach.

The Clear the Air Foundation is challenging Colorado’s new car dealers to Crush 1K in the next 43 days. That requires 169 more donated old vehicles by December 31.

Created by the Colorado Automobile Dealers Association, the Clear the Air Foundation reduces pollution by taking old, high-emitting vehicles off the road and sending them to auto recyclers. Proceeds will fund automotive scholarships.

Just set aside low-value cars you’ve received as trade-ins and contact Clear the Air Foundation Program Coordinator George Billings at 303-775-8896 or george.billings@coloradodealers.org.

This campaign is a great opportunity to highlight Colorado auto dealers’ commitment to a healthy and beautiful state.  Please donate old vehicles before the year ends so we can surpass the Crush 1K goal.

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2013 CADA ANNUAL MEETING


CADA Open Road is now beginning its sixth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since January 3, 2007.


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AUTO INDUSTRY NEWS AT A GLANCE

Listed here are several articles pertaining to the auto industry in general that appeared recently in newspapers and other media outlets across the nation.



…more news articles are included at the end of this issue.





FY2012 EEOC STATISTICS PUBLISHED, DISABILITY CLAIMS PROMINENT IN ARIZONA AND COLORADO
by Tina Harkness

On September 30, 2013, the federal government closed its 2012 fiscal year. The Equal Employment Opportunity Commission (EEOC) has since published its charge and litigation statistics for fiscal year 2012.

Not surprisingly, the claim with the highest percentage of all charges received both in Arizona (40.40%) and Colorado (44.20%) was retaliation. This is consistent with nationwide statistics. However, both states received higher percentage of charges alleging Americans with Disabilities Act (ADA) violations—30.30 percent in Arizona and 31.30 percent in Colorado—than the national average of 26.5 percent. ADA claims formed the basis for 29.03 percent of the lawsuits filed by the EEOC in the 2012 fiscal year. This is an increase over the 2011 fiscal year where 26.6 percent of EEOC lawsuits alleged ADA claims. You can find more statistics by clicking HERE.

Employers should take note of these statistics as they prepare for calendar year 2014. With the increased focus on ADA-related claims and charges, employers need to make sure they know how to deal with these issues. Have you trained your managers and supervisors in how to deal with disabilities in the workplace? Does that training address the prohibition against retaliation and what constitutes retaliation? Does your organization have appropriate policies and procedures in place to deal with accommodation of disabilities? To ensure that you are prepared for 2014, contact MSEC about training and for a review of your policies. You can also find information in the ADA toolkit at www.msec.org.  [Login required – CADA Members, call MSEC at 800.884.1328 to request an ID and password]. 

Source:  MSEC Hot Topics, Nov. 11, 2013

Resources:  Earlier this year, the Equal Employment Opportunity Commission (EEOC) revised four guidance documents explaining how the Americans with Disabilities Act applies to employees with cancer, diabetes, epilepsy, and intellectual disabilities, respectively. The agency revised the documents to reflect changes to the definition of “disability” made by the ADA Amendments Act, which took effect January 1, 2009.  Each revised document answers questions such as:

  • When may an employer obtain information from employees and applicants? Only after the job offer is made and you must request it from all employees and applicants.
  • What types of reasonable accommodation might individuals with these particular disabilities need (cancer, epilepsy, diabetes, intellectual disabilities)? Reasonable; i.e., does not cause undue hardship to the employer.
  • How should an employer handle safety concerns? If the employer believes an employee is not able to perform a job successfully or safely because of a medical condition, the employer may ask for medical documentation evaluting the employee’s ability to perform the job.
  • What should an employer do to prevent and correct disability-based harassment? Regular review of the company’s anti-harassment policy and remind employees that a harasser may be any supervisor, employee, customer, or client.

Click here to access the EEOC’s press release with links to the revised documents. The documents are part of the agency’s ”Disability Discrimination, The Question and Answer Series.”

* * * * * * * *

OSHA HAZARDOUS COMMUNICATIONS CHANGES: EMPLOYEE TRAINING REQUIRED BY DECEMBER 1ST

Last year, OSHA adopted The Globally Harmonized System (GHS), an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, and a standardized approach to label elements and safety data sheets.

Hazard classification: The definitions of hazard have been changed to provide specific criteria for classification of health and physical hazards, as well as classification of mixtures. These specific criteria will help to ensure that evaluations of hazardous effects are consistent across manufacturers, and that labels and safety data sheets are more accurate as a result.

Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.

Safety Data Sheets (SDS): Will now have a specified 16-section format and renamed (formerly “Material Safety Data Sheets, MSDS).  

While there is a phase-in period for full compliance, OSHA has specified that employers must provide training on the new standards to help ensure that workers can access and use the information on the new labels and SDSs effectively.  OSHA acknowledges that hazard communication programs will go through a period of time where labels and SDSs under both standards will be present in the workplace.  Full compliance on all aspects of the changes will not be enforced until 2015 and 2016 (including changes to the Hazard Communications programs). See OSHA’s chart of effective dates

RESOURCES:

  • What Do You Need to Know about the Change in the HazCom Regulation? by Peter Zaidel, KPA Environmental and Safety Product Director (one-page overview of key changes) 

  • Want Assistance With Employee Training? KPA offers seven different tiered service-levels – the Elements plan offers online training and tracking for numerous Environmental Safety requirements without the onsite Engineer component. Visit www.kpaonline.com/contactus to schedule a call with an account executive or call 866.356.1735. You may also contact Polly Penna, Field Services Director, CADA, Polly.penna@coloradodealers.org, Cell: 303.945.6426.

  • Visit NADA University at http://www.nadauniversity.com -- see webinar archive, OSHA’s New Hazcom Rule:  What You Need to Know, Presenter: Doug Greenhaus, Director of Environment, Health, and Safety, NADA Legal and Regulatory Department (April 3, 2013). Login required: contact NADA U Customer Service at (800) 557-6232 if you need assistance.

  • Visit Mountain States Employers Council (login required; CADA members simply need to call 800.884.1328 to obtain an ID/password).  Several downloadable resources are available to assist with the GHS employee training requirement.  Visit the page below:
    https://www.msec.org/memberhome/Pages/Health-and-Safety.aspx
  • CADA Workers Compensation program members:  All Pinnacol policyholders have access to video and interactive training.  Visit www.pinnacol.com and select the TRAINING tab at the top of the page.  Scroll down to Interactive and Video Training.  Interactive Training is geared for “one on one” training.  All safety videos and interactive training can also be ordered through the Safety On Call hotline 303-361-4700.  See:   
    • GHS Container Labeling for General Industry
    • GHS for General Industry
    • GHS Safety Data Sheets for General Industry

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:

Tammi McCoy, VP, tammi.mccoy@coloradodealers.org, 303.282.1449

Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448

DISCLAIMER: CADA is not authorized to dispense legal advice. The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance




PHILIP B. KALIN OFFICIALLY NAMED PINNACOL'S NEW PRESIDENT AND CEO
Phil comes to Pinnacol with 35 years of experience successfully leading complex, high performing organizations spanning health care and information technology. He is currently the president and CEO of the Center for Improving Value in Health Care (CIVHC), a nonprofit Regional Health Improvement Collaborative created to advance statewide initiatives to improve Colorado’s heath care quality and contain costs.

Pinnacol’s board of directors is pleased that after an extensive search, they were able to find a candidate with executive leadership experience and extensive knowledge of Colorado’s business environment. He will work closely with the board and the executive team to continue Pinnacol’s commitment to customer service, safety and compassionate care for injured workers.

Phil joins us on Monday, Dec. 2.

About Pinnacol Assurance
Pinnacol Assurance is Colorado’s leading provider of workers’ compensation insurance. Pinnacol provides comprehensive, competitively priced coverage; immediate attention to claims; a highly qualified network of medical providers; and proactive safety programs to approximately 55,000 Colorado businesses. Last year Pinnacol spent over 35,000 hours keeping Colorado worksites safe and provided compassionate care to over 40,000 Coloradans who were injured on the job. For more information, visit www.pinnacol.com


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CADA BILL TRACKER

Follow the Colorado Auto Dealers Bill Tracker HERE!

CLICK HERE for a copy of SB13-265.




OSHA COMPLIANCE & SAFETY SEMINAR
Ready for an OSHA inspection? Colorado dealers being targeted!

  • OSHA is actively targeting dealerships under special enforcement programs—one of which targets Region 8 (includes Colorado): 

    • Initial focus of audits is lift safety – annual inspection, training requirements, and record-keeping; but other key OSHA mandates are then reviewed as well
  • Avoid fines and penalties—and above all keep your employees safe!
  • *BONUS*: Seminar approved by Pinnacol toward the two-seminar annual training requirement for 
those participating in the CADA Workers Compensation Dividend Program. 


Wed., Dec. 11th

(Lunch provided)

11:30am-1:00pm, by KPA: OSHA Compliance and Lift Safety
1:00-1:30pm, by Wells Fargo Insurance Services: Workers’ Compensation updates

CLICK HERE to register!

William D. Barrow Building
CADA, Media Center
290 East Speer Blvd
Denver, CO 80203
Phone: 303.831.1722

aKPA Environment & Safety provides on-site, complete OSHA safety compliancemanagement and environmental compliance services, including regularly-scheduled facility inspections, employee training, and formal Safety Committee meetings. This includes on-call, around-the-clock support for incidents, and an online safety and 
compliance tracking and measurement system. In 2012, KPA’s engineers delivered over 12,000 Environment & Safety inspections to over 3,800 dealerships and service companies.

* * * * * * * *

KPA WEEKLY WEBINAR: 
Covers an Environment & Safety or an HR topic each week

Every Thursday
*
10:00-11:00am (MST)

CLICK HERE for upcoming topics and to register!

Previously recorded webinars are also available at the above link.

aa

* * * * * * * *

aTO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

www.coloradodealers.org/registration
Event Description
Date/Time
Location

CADA Annual Meeting

Denver

Tuesday, Dec. 10th

12:00 pm


Ellie Caulkins Opera House at the Denver Center for Performing Arts
1101 13th St   
Denver, CO 80204

CLICK HERE to register!


OSHA Compliance & Safety Seminar

Denver

Wed., Dec. 11th
(Lunch provided)


11:30am-1:00pm
by KPA: OSHA Compliance and Lift Safety

1:00-1:30pm
by Wells Fargo Insurance Services: Workers’ Compensation updates

William D. Barrow Building
CADA, Media Center
290 East Speer Blvd
Denver, CO 80203
Phone: 303.831.1722

CLICK HERE to register!


KPA Weekly Webinar

Covers an Environment & Safety or an HR topic each week


Every Thursday  

10:00-11:00am (MST)


CLICK HERE for upcoming topics and to register!

Previously recorded webinars are also available at the above link.

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Marsha Temple at 303.457.5123 or marsha.temple@coloradodealers.org



Event Description
Date/Time
Location

NADA Convention and Expo

January 24-27, 2014

New Orleans

Register online:
nadaconvention.org


NADA CONVENTION & EXPO


OPEN HOUSE FOR NEW MASERATI QUATRAPORT

Guests enjoy Jack TerHar’s Sill TerHar Motor’s open house for new Maserati Quatraport

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LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!

Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@coloradodealers.org. Also include your contact information for further follow-up.




ALL THE NEWS THAT'S FIT TO EMAIL!

  • GM, AT&T partner to offer Internet access in most '15 vehicles
    The Detroit News, November 12
    General Motors Co. and partner AT&T will give consumers options to buy data access as GM rolls out embedded 4G LTE mobile Internet in most 2015 vehicles sold in the U.S. and Canada.
  • '14 Subaru Outback wagon continues niche role
    The Denver Post, November 16
    The venerable Outback wagon, in its 20th year of production, is surely the staple of Subaru's success of recent years.
  • '14 Mercedes E350 grips tight on mountain drive
    The Denver Post, November 15
    Slick with snow, the highway was slow going over Vail Pass to Glenwood, then from Breckenridge to the Eisenhower Tunnel on our return drive home two weeks ago.
  • Analysts: Toyota is tops on predicted resale value
    USA Today, November 18
    Toyota is a safe brand choice for buyers seeking top resale value, two firms that predict expected depreciation in vehicles said Monday.
  • EPA proposes reducing biofuel mandate
    USA Today, November 15
    The Obama administration on Friday proposed to reduce the amount of ethanol in the nation's fuel supply for the first time, acknowledging that the biofuel law championed by both parties in 2007 is not working as well as expected.
  • Volkswagen's CrossBlue SUV is a hot hybrid
    USA Today, November 15
    In a city that has always had conflicting affections for both big SUVs and alternatively powered cars, Volkswagen is experimenting with a way to split the baby.

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Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org