March 18
We have made tentative arrangements for our '09 conference the weekend the weekend of February 27, 28 and March 1, 2009 for our annual meeting at the Kalahari Resort & Nia Conference Center in Sandusky, Ohio.  Please note these dates on your schedule.

March 4
To the Association,
    I would like to convey to all that the meeting last weekend was a huge success in many ways for myself.  I especially enjoyed getting to know more of you and look forward to growing our relationships.  I'm excited about the future of the association for many reasons, but most of all for realizing the resources we have, which are the people within our group.  I welcome the challenge of being president and know we have many superlative people around to help accomplish great heights.  We have to continue to enhance the value of organization for its current members, while at the same time look for creative ways to entice the "credible auto recycler" to join.
    We would like to hear your concerns for the association to set some prioritized goals for 2008.  With your concerns, please include a solution or a possible solution.  Feel free to contact me at my email address astevensall4n@aol.com, or on my cell, 614-296-8525.
Peace, Love, and Junk.......Tony

February 4
ELECTRONIC FINGERPRINTING CUSTOMERS
On Saturday, February 9, 2008, the Bureau of Motor Vehicles, Regional Customer Service Centers will no longer provide electronic fingerprinting services.  A list of Webcheck providers can be obtained through the Ohio Attorney General's website: www.webcheck.ag.state.oh.us.  If you have any questions, please contact the Dealer Licensing Section at 614-752-7636 or 614-752-7637.

October 26
In a 4-1 vote, the Ohio Civil Rights Commission approved new rules that require businesses with four or more female employees to grant at least 12 weeks of unpaid maternity leave for female employees who are pregnant.  Previously, Ohio law stated that employers must allow a "reasonable amount of time" for leave, but did not define how long that is.  The rules will now go to the Joint Committee on Agency Rule Review (JCARR) for approval.  While federal law currently requires 12 weeks of maternity leave for pregnant employees who have worked at least 1,250 hours in the prior year at businesses with 50 or more employees, the rules approved by the commission do not have any time requirement for how long the employee has worked. 

June 25
The 2008 Annual Meeting of the Ohio Auto & Truck Recyclers Association will be held February 29 through March 2, 2008, at the Kalahari Resort and Waterpark.  This event is being held at the same place as last year.  We had many excellent comments from those who attended.  Spread the word!  More details to follow.

March 29
As you know, we were finally successful in obtaining a seperate classification for counter persons effective July 1, 2006.  This classification, 8046 includes delivery of the product.  Manual 3821 for yard persons also includes delivery.  In reading the description of the driver's classification as well as confirmation with the BWC representative, delivery of parts, taken of automobiles in the yard, can be reported to manual 8046 which has a base rate of $3.68 versus the yard classification of $12.73.  The yard classification, manual 3821 will still inlcude the delivery of automobiles for salvage, for example, to the shredder.

March 9
The 2007 OATRA annual meeting was a success.  This year we changed things up a bit and held it at the Nia Conference Center at Kalahari Resort in Sandusky.  There was plenty to do for all members of the family including children.  Again, the knowledgable speakers were able to inform our members on a wide array of topics.  
OATRA would like to thank the following sponsors of the 2007 event:
Shee-Mar Industries
R & D Insurance

The list of raffle winners and sellers is as follows:
1. Scotts Parts (sold by J & J Auto Parts)
2. Mike James
3. J & J Auto Parts (sold by J & J Auto Parts)
4. Eric Hay (sold by Eric Hay at Wayne Auto Parts)
5. Mark Reed (sold by Bob's Auto Wrecking)

You can't win a prize if you don't buy a ticket!
 

December 7
Ohio Employers: The "NO SMOKING" Sign is Lit
On November 7, Ohio voters overwhelmingly approved Issue 5, the ballot initiative to outlaw smoking in most public places in Ohio.  What likely was lost on most voters, however, was that Issue 5, at its heart, is an employment law.  The law is entitled "Smoke Free Workplace Act," and the use of the word "workplace" in the title was not accidental; the stated purpose of the law is to protect workers from the health hazards associated with second hand smoke.
   The law enacts a new Section 3794 of the Ohio Revised Code, which has taken effect today.  Among other things, it states that proprietors of a public place or a place of employment must prohibit smoking in all indoor locations of ingress or egress; and no individual can refuse to discontinue smoking in those areas when requested by the proprietor or an employee.
   The law defines a number of key concepts and definitions.  First, smoking is defined as burning, carrying, inhaling or exhaling any lighted cigar, cigarette, pipe or other lighted smoking device for burning tobacco or any other plant.  Proprietor is defined as an employer, owner, manager, operator, liquor permit holder, or person in charge or control of a public place or place of employment.  Under the law, an employer is any individual or entity that employs or contracts for the services of one or more employees.  Unlike other employment laws, which covers companies that meet certain size thresholds (like 4, 15, 100 employees), the law covers all employees, regardless of size.
   The law's expanisive definition of proprietor also covers persons like manager and person in charge.  Especially in restaurants, bars, and other service businesses, this places the burden of compliance with the law on personnel who could be fairly far down on the organizational chart.
   A public place is an enclosed area to which the public is invited or permitted.  An enclosed area is an area with a roof and at least three walls.  A place of employment is an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose; the concept includes spaces such as offices, meeting rooms, sales, production and storage areas, restrooms, warehouses, garages, hallways, stairways and vehicles.  In other words, the law prohibits smoking in all indoor areas of the workplace.
   The law, however, does not stop at the door to your facility.  The prohibition extends to areas under the control of the proprietor immediately adjacent to locations of ingress or egress- which means entrances or exits.  Not only does the law push smokers outside, it pushes them away from entrances and exits.  The days of the huddle of smokers right outside the door are gone- like it or not, smokers will have to move farther away.
   The law does contain several exemptions, such that smoking still may take place in these places: private residences, but not when operating as a day care or other business; family owned businesses in which all of the employees are related to an owner, but only if the enclosed areas of the place of employment are not open to the public; smoking rooms in hotels/motels; designated smoking areas of nursing homes, except no employee can be required to work in the designated smoking area; retail tobacco stores, defined as retail establishments which derive 80 percent or more of their revenue from the sale of tobacco.
   The exemption for private clubs is curious- it appies only to clubs that have no employees- meaning most country clubs, athletic clubs, and social clubs would not be within the exemption.
   In addition to the complete ban on indoor smoking in any public place or place of employment, the law contains several other mandates.  A proprietor or employer must ensure that smoke from areas where smoking is allowed, such as an outdoor patio, does not enter any area where smoking is prohibited.  The law also requires "no smoking" signs to be conspicuously posted in every public place of employment, including at each entrance.  No employer can retaliate against an individual for exercising any right under the law, including reporting a violation.  Finally, the owner or operator of an establishment, facility or outdor area that is not within the law's ban on smoking may declare that establishment as a nonsmoking place, thereby bringing the place within the law's power to punish persons who refuse to stop smoking when ordered to do so.
   The law will be enforced by the Ohio Department of Health (DOH), or local departments of health designated by the state agency.  There are two basic types of violations: 1. proprietor violations, i.e., a proprietor of a public place or place of employment who fails to prohibit smoking, and 2. individual violations, i.e., individuals who refuse to discontinue smoking immedialtely upon request.  For both types of violation, the first offense will result in a warning letter from the DOH.  Upon a report of a second and any subsequent offense, the DOH will conduct an investigation, and if it finds a violation, can impose civil fines under a schedule of fines to be set by regulation.
   The DOH is promulgating regulations, which are expected to be issued in six months.  The law likely will not be enforced aggressively prior to issuance of the regulations; nonetheless, employers should begin planning now to come into compliance.  The planning should include- especially in the case of restaurants, bars, and other places where smoking has been allowed up until now- training of managers and supervisors on what their obligations are under the law and how to meet those obligations.

Ohio Increases Minimum Wage and Recordkeeping Burden on Employers
On November 7,voters in Ohio said yes to an amendment to the Ohio Constitution that increases the minimum wage, sets the stage for annual "cost of living" increases, and grants employees new rights to access certain of their employment records.  The new law affects the minimum wage in the following ways:
-Effective January 1, 2007, the Ohio minimum wage will increase from $5.15 per hour to $6.85 per hour.
-On January 1 of each following year the minimum wage will be increased by the percentage change of the Consumer Price Index for all urban wage earners and clerical workers (the CPI-W) in the year ending on September 30.

Under the new law, employers of the following classes of employees will be permitted to pay less than the established Ohio minimum wage:
-Tipped Employees: employees who are paid tips, where the tips and wages combined to exceed the established minimum wage, but the hourly wage must be at least 50 percent of the Ohio minimum wage.
-Family Members: family members who are employees in a family owned and operated business.
-The Disabled: individuals with mental or physical disabilities if the employers have a state issued license to do so.

Ohio's heightened minimum wage will not apply to all Ohio workers.  The federal minimum wage, currently at $5.15, still will apply to the following employees:
-Employees under age 16.
-Employees of businesses whose previous year's gross receipts are $250,000 or less.  The gross receipt figure would be adjusted at the same time each year and by the same percentage as would the minimum wage.

The new law also requires employers to maintain a record of the name, address, occupation, pay rate, hours worked each day and each amount paid to an employee.  Those records must be obtained for three years.  Interestingly, the law makes no distinction between exempt and non-exempt personnel.  Despite the federal Wage and Hour law rules, which prohibit tracking worked hours for exempt employees, the new law purports to mandate the tracking of daily hours worked for all personnel.
   The new law will be enforced in two ways: filing a complaint with the state, or filing a lawsuit in common pleas court.  With respect to the first avenue of relief, an employee, any person acting on behalf of one or more employees, or "any other interested party" may file a complaint with the Ohio Department of Commerce (DOC).  The DOC will conduct a prompt investigation, the employer must provide and records related to the investigation.  If the employer is to have found violated the law, the department may award the employee back wages, damages, the employee's costs and reasonable attorneys' fees.
   As to enforcement through the courts, the state, or an employee or person acting on behalf of an employee may file a lawsuit in the county of the employee's residence.  If the employer is found to have violated the law, the court may award the employee back wages, damages, the employee's costs and reasonable attorneys' fees.  Such a lawsuit shall be filed within three years from the date of the violation, or within one year after the final disposition by the DOC of a complaint first filed with the state.  There is no requirement that the employee exhaust administrative remedies; thus, filing a complaint with the DOC is not a prerequisite to filing a lawsuit in court.
   The amendment includes a non-retaliation provision that prohibits an employer from firing or otherwise discriminating or retaliating against any employee for exercising any right under this law.  If the state or a court finds a violation of the anti-retaliation provision of the law, they may award compensatory and punitive damages.  The absence of any apparent limits on employee's right to request the pay records be mandated by the new law, combined with the anti-retaliation provision, could make an employer vulnerable to employees (or their representatives) who abuse the rights granted by the amendment by making frequent records requests solely for the purpose of annoying and inconveniencing the employer.

***This is for general informational purposes only.  For more detailed information you should consult with your attorney or call the Calfee law firm.  Portions reported from the November 2006 Calfee publication. 

November 16
Ohio Launches Voluntary Mercury Switch Removal Program for Auto Salvage Yards
In September 2006, Ohio EPA launched a voluntary mercury switch removal program for auto salvage yards.  The program, sponsored by Ohio EPA and End of Life Vehicle Solutions (ELVS), encourages auto switch recycling to help reduce mercury releases to air, water, and soil.
This program is completely voluntary.  As long as funds are available, participating salvage yards will receive $3.00 for every switch turned in.  The Agency has established a $60,000 fund for the program which equates to a collection of 20,000 mercury auto switches for recycling.  As the program progresses, we hope additional funding becomes available.
Participating in the program is easy.  If you need more information or are interested in the program, please contact Bill Narotski, Office of Compliance Assistance and Pollution Prevention (OCAPP) at 614-728-1264 or by email at bill.narotski@epa.state.oh.us.  If you send e-mail, please provide your name and your company's name.

June 27
New manual rates have been established:
8810- office
8046- counter   3.68/hundred
3821- yard      12.73/hundred
Be advised that we are presently working on inventory specialist classification.

June 19
For those of you who have employees solely attributable to counter sales OATRA is pleased to announce our long battle to achieve a separate, unique classification for these employees has been agreed to by the rating agency that the Ohio BWC uses. This new classification, which was taken away some years ago, will publish rates soon and become effective 7/1/06. This will save many SD's a lot of money. Thanks is given to Frank Gates for their continued efforts on our behalf.  Stay tuned for more information.

May 22
Please be advised that 31 days from today, cell phone numbers will be released to telemarketing companies, and you will start to recieve sales calls.  To prevent this call 888-382-1222, it is the National DO NOT CALL list, or click here to submit you number.  It blocks your number for five years.

May 3
Fingerprint cards are no longer being sent with our applications

Effective June 12, 2006, only ELECTRONIC FINGERPRINTING (WebCheck) results will be accepted.  We will no longer accept fingerprint cards.
Also, effective June 12, 2006, the BMV Dealer Licensing Section will not issue any license prior to having "approved" state-wide background checks.
All results performed by any authorized WebCheck business or state agency must be forwarded to: Bureau of Motor Vehicles, Dealer Licensing Section, P.O. Box 16521, Columbus, Ohio 43216-6521, or faxed to 614-752-5235.
Visit WebCheck for over 550 Ohio WebCheck locations.

April 4
Please be aware that there are very significant changes being made to Ohio employers from the Ohio Bureau of Workers' Compensation effective July 1st.  Please see attached documents. 
OHIO BWC EMPLOYER CHANGES

BWC OVERSIGHT COMMITTEE MEETING 3/27/06



March 6
The 2006 annual meeting of the Ohio Auto & Truck Recyclers Association was the place to be.  Our speakers were very knowledgeable and informative.  Those in attendance learned a lot.  It was well worth their time and money.  Our dinner and awards banquet was very well attended and extremely social.

OATRA would like to thank the following companies for their help as co-sponsors of our event:
   Nu-Cor Automotive of Columbus
   Wooster Iron & Metal
   R & D Insurance and Risk Management
   Car-Part.com

The list of our raffle winners and sellers is as follows:
   1st Prize--Howards Street Garage (Mace at Milliron A/P)
   2nd Prize--Pierce Auto Parts (Karl Milliron)
   3rd Prize--Auto Tech Collision (Fireside Auto)
   4th Prize--Personal Touch Auto Body (Fireside Auto)
   5th Prize--Roger Schroeder at Car-Part.com (Myron at
              Pearl Road)

PLEASE REMEMBER--You can't win a prize if you don't buy a ticket!

February 6
The sponsor of HB208, Representative Tom Raga (R- Mason), has been chosen to become gubernatorial candidate and current secretary of state Ken Blackwell's running mate.

January 24
Representatives of OATRA will be meeting with the Ohio EPA and an assortment of other affected industries to begin discussions on the issue of mercury switches.  This meeting with the EPA, auto manufacturers, scrap processors and shredders, and trucking companies is scheduled to take place February 16th.  If you have any comments please call the OATRA offices.

December 7
At this time, the Levin College at Cleveland State is unable to engage us to do our study regarding the economic impact analysis of HB208 due to timeline constraints.  We have contacted a private firm with an extensive background, and expertise, in doing studies regarding public/private issues.  This firm is J. Kleinhenz & Associates with offices in Cleveland and Akron.  Upcoming discussions with legislative leaders and consultants will determine when we begin this study.  We are going to need input from your company.  Look for e-mail alerts from me regarding this.
   Additionally, we are watching closely what the Supreme Court will be doing after hearing oral arguments on November 30, 2005 in the case, American Financial Services vs. Cleveland, case nos. 2005-0160 and 2005-0161.  The Court ruling may have an effect on section 4738.19 which states that the Ohio BMV is our sole regulator.  We'll keep everyone informed when the opinion is reached.
 
November 14
This bill is still in the process of financial analysis by the Legislative Services Commission.  OATRA has also had meetings with representatives from the Levin College of Urban Affairs at Cleveland State University to discuss with them thoughts regarding such analysis.  We will keep you updated on any movement. 

October 24
HB 208 (Raga) has passed the House of Representatives and is presently in the Insurance, Commerce, and Labor Committee in the Ohio Senate.  As of the moment, this bill is undergoing a detailed financial analysis.  We will notify you if you so choose, or you can check this site, when hearings are to resume.