MSADA, One McKinley Square, Sixth Floor, Boston, MA 02109
auto M a s s a c h u s e t t s
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FIRST CLASS MAIL US POSTAGE PAID BOSTON, MA PERMIT NO. 216
July 2015 • Vol. 27 No. 7
The official publication of the Massachusetts State Automobile Dealers Association, Inc
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St a f f D i r e ct o ry Robert O’Koniewski, Esq. Executive Vice President rokoniewski@msada.org Jean Fabrizio Director of Administration jfabrizio@msada.org Peter Brennan, Esq. Staff Attorney pbrennan@msada.org Marta Argueta-Guerra Administrative Assistant/ Membership Coordinator mguerra@msada.org A u t o D e a l e r M Ag a z i n e Robert O’Koniewski, Esq. Executive Editor Catherine MacDonald Editorial Coordinator macdonaldcs8@gmail.com Subscriptions provided annually to Massachusetts member dealers. All address changes should be submitted to: MSADA by e-mail: mguerra@msada.org Postmaster: Send address change to: One McKinley Square, Sixth Floor Boston, MA 02109 Auto Dealer is published by the Massachusetts State Automobile Dealers Association, Inc. to provide information about the Bay State auto retail industry and news of MSADA and its membership.
Ad Directory Blum Shapiro, 21 Boston Herald, 32 Ethos Group, 2 Lynnway Auto Auction, 20 Nancy Phillips, 21 O’Connor & Drew, 31 Reynolds and Reynolds, 19 Southern Auto Auction, 22 ADVERTISING RATES Inquire for multiple-insertion discounts or full Media Kit. E-mail jfabrizio@msada.org Quarter Page: $450 Half Page: $700 Full Page: $1,400
Back Cover: $1,800 Inside Front: $1,700 Inside Back: $1,600
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The official publication of the Massachusetts State Automobile Dealers Association, Inc
Ta b l e o f C o n t e n t s
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From the President: Back to Basics THE ROUNDUP: The Never-Ending Reach of the Government Arm TROUBLESHOOTNG: EST Compliance – Combined EST/PTO or Separate Policies?
11 12 14
DEALER SERVICES: Motivating the Millennial
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TECHNOLOGY: The Top Three Considerations For Dealers Adopting Technology
AUTO OUTLOOK LEGAL: Some Practical Tips for Complying With the New Massachusetts Earned Sick Time Law
16 Cover Story: Next Level Leadership
20 25 28 30
NEWS From Around the Horn nada update: NADA Refocuses on Core Services NADA MARKET BEAT insurance: Advantages of Assessing Your Risks for Slips, Trips, and Falls
Join us on Twitter at @MassAutoDealers www.msada.org
Massachusetts Auto Dealer JULY 2015
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from the President
MSADA
Back to Basics
Sometimes the best advice is also the simplest.
By Scott Dube MSADA President
T
he only constant in the automotive retail business is change. But as we grapple with the latest technology, in our showrooms and in our laptops or tablets, it’s always good to get a reminder of how our success truly relies on a few basic principles. While it’s true that the past two decades of Internet technology advancements have added entirely new levels of competition, marketing, and strategy, we will ultimately win or lose based on whether we treat our customers as we would want to be treated. To do that, we often need to treat our employees better than we want to be treated. As we face these constant changes from various corners of the industry, it’s more important than ever that we dealers band together in making sure that we have all the information available to us to help reinforce how we go about upholding the basics. Your Association works every day to make sure our member dealers have the access to the information they need to succeed in the marketplace as a group. In June, we hosted a special all-day leadership and F&I program in Natick from Ethos Group that helped illuminate and refresh many of the best practices we should be following around our stores. You can find the full wrap-up of the day in this month’s cover story on page 16, but I wanted to share a few of my takeaways from the event as well. One thing I thought was important that was stressed throughout the program was that, in the era of technology trends that make competition much more intense that has ever been, a potential customer’s first impression of his or her surroundings makes all the difference. That can mean the approach (or non-approach) of a salesman or whether the coffee pot in the corner is full. This of course has been true since the beginning! Those intangible details put people on a journey of deciding whether they trust the dealership that lasts all of a minute or two. And much of that will be spent staring at phones, with your competitor’s prices on full display. Which means every piece of the puzzle matters, and our ability to be straight shooters will determine whether we get people to walk into that finance department. And, as Ethos helped attendees see, it’s there that trust helps us work in arrangements that are both honest and profitable. All of these things are basic. We all know them. But the specifics of how they’re implemented in your dealership is what keeps us showing up a few minutes (or hours) early and staying late into the night. As your Association, we’re committed to making sure programs such as the one Ethos put on and the services they provide help you do your job with more ease. I hope you enjoyed coming out to Natick, or will join us next time around. t
JULY 2015
Massachusetts Auto Dealer www.msada.org
Msada Board Barnstable County
Brad Tracy, Tracy Volkswagen
Berkshire County
Brian Bedard, Bedard Brothers Auto Sales
Bristol County
Richard Mastria, Mastria Auto Group
Essex County
William DeLuca III, Woodworth Motors John Hartman, Ira Motor Group
Franklin County
Jay Dillon, Dillon Chevrolet
Hampden County
Jeb Balise, Balise Auto Group
Hampshire County
Bryan Burke, Burke Chevrolet
Middlesex County
Chris Connolly, Jr., Herb Connolly Motors Scott Dube, Bill Dube Hyundai Frank Hanenberger, MetroWest Subaru
Norfolk County
Jack Madden, Jr., Jack Madden Ford Charles Tufankjian, Toyota Scion of Braintree
Plymouth County
Christine Alicandro, Marty’s Buick GMC Isuzu
Suffolk County
Robert Boch, Expressway Toyota
Worcester County
Steven Sewell, Westboro Mitsubishi Steve Salvadore, Salvadore Auto
Medium/Heavy-Duty Truck Dealer Director-at-Large [Open]
Immediate Past President James G. Boyle, Tuck’s Trucks
NADA Director
Don Sudbay, Jr., Sudbay Motors
Officers
President, Scott Dube Vice President, Chris Connolly, Jr. Treasurer, Jack Madden, Jr. Clerk, Charles Tufankjian
Associate Members
MSADA A ssociate M ember D irectory Albin, Randall & Bennett Barton D. Haag (207) 772-1981 American Fidelity Assurance Co. Lennox Cornwall (304) 702-7399 American Tire Distributors Pamela LaFleur (774) 307-0707 AutoAlert Don Corinna (505) 304-3040 Auto/Mate Dealership Systems Troy Potter (877) 340-2677 Bank of America Merrill Lynch Dan Duda and Nancy Price (781) 534-8543 Bellavia Blatt Andron & Crossett, PC Leonard A. Bellavia, Esq (516) 873-3000 Blum Shapiro John D. Spatcher (860) 561-4000 Boston Globe Mary Kelly, Tom Drislane (617) 929-8373 Burns & Levinson LLP Paul Marshall Harris (617) 345-3854 Cars.com Heidi Allen (312) 601-5376 CDK Global Chris Wong (847) 407-3187 Construction Management & Builders, Inc. Sarah Macomber (781) 246-9400 CVR John Alviggi (267) 419-3261 Dealerdocx Brad Bass (978) 766-9000 Dealermine Inc. Karen Parmenter (800) 304-3341 x5179 DealerTrack Ernest Lattimer (516) 547-2242 Downey & Company Paul McGovern (781) 849-3100 EasyCare New England Inc. Mike Douglas (770) 246-9724 Ethos Group, Inc. Drew Spring (617) 694-9761 F & I Resources Jason Bayko (508) 624-4344 Federated Insurance John Ballard (859) 312-9896 First Citizens Federal Credit Union Joe Ender (508) 979-4728 Fisher & Phillips LLP John Donovan (404) 240-4236 Joe Ambash (617) 532-9320
Gulf State Financial Services Cliff Lang (713) 580-3143 GW Marketing Services Gordon Wisbach (781) 899-8509 Huntington National Bank John J. Marchand (781) 326-0823 The Institute For Business Excellence Bill Napolitano (508) 643-2299 John W. Furrh Associates Inc. Kristin Perkins (508) 824-4939 KEEPS Corporation Darcy Silver (718) 309-6133 Key Bank James Q. Moretti (781) 558-5132, Mark Flibotte (617) 385-6232 KPA Michael Hurd (207) 400-6535 Leader Auto Resources, Inc. Chuck August (518) 364-8723 Lynnway Auto Auction Jim Lamb (781) 596-8500 M & T Bank John Federici (508) 699-3576 Management Developers, Inc. Dale Boch (617) 312-2100 Micorp Dealer Services Frank Salkovitz (508) 832-9816 Mid-State Insurance Agency James Pietro (508) 791-5566 Mintz Levin Kurt Steinkrauss (617) 542-6000 Murtha Cullina Thomas Vangel (617) 457-4000 Nancy Phillips Associates, Inc. Nancy Phillips (603) 658-0004 Northeast Dealer Services Jim Schaffer (781) 255-6399 O’Connor & Drew, P.C. Kevin Carnes (617) 471-1120 Performance Management Group, Inc. Mark Puccio (508) 393-1400 PreOwned Auto Logistics Anthony Parente (877) 542-1955 Quik Video Jack Gardner (617) 221-5502 R.L. Tennant Insurance Agency, Inc. Walter F. Tennant (617) 969-1300 Reflex Lighting Ping Weiner (617) 269-4510
Resources Management Group J. Gregory Hoffman (800) 761-4546 Reynolds & Reynolds Marc Appel (413) 537-1336 Robinson Donovan Madden & Barry, P.C. James F. Martin, Esq. (413) 732-2301 Samet & Company John J. Czyzewski (617) 731-1222 Santander Richard Anderson (401) 432-0749 Schlossberg, LLC Michael O’Neil, Esq. (781) 848-5028 Sentry Insurance Company Eric Stiles (715) 346-7096 Shepherd & Goldstein Ron Masiello (508) 757-3311 Silverman Advisors, PC Scott Silverman (781) 591-2886 Solect Energy Development Kristen Brandt (781) 733-0223 Southern Auto Auction Tom Munson (860) 292-7500 Sprague Timothy Teevens (800) 828-9427 SunTrust Bank Michael Walsh (617) 345-6567 Taino Consulting Group Herby Duverné (617) 797-9316 Target Dealer Services Andrew Boli (508) 564-5050 TD Auto Finance BethAnn Durepo (603) 490-9615 TD Bank Michael M. Lefebvre (413) 748-8272 TrueCar Pat Watson (803) 360-6094 US Bank Vincent Gaglia (716) 649-0581 Wells Fargo Dealer Services Christopher Peck (508) 314-1283 Wicked Local Media Massachusetts Jay Pelland (508) 626-4334 Zurich American Insurance Company Steven Megee (774) 210-0092
www.msada.org Massachusetts Auto Dealer JULY 2015
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The Roundup
The Never-Ending Reach of the Government Arm By Robert O’Koniewski, Esq. MSADA Executive Vice President Follow us on Twitter - @MassAutoDealers As you will read in this month’s column, there are a number of issues in which the federal government is performing in ways anathema to the free flow of commerce, and the efficient operation of your dealerships, acting more to assuage the egos of nameless bureaucrats squirreled away in the halls of ever-growing, almost unaccountable federal agencies. For instance, five years ago this month the president signed into law the Dodd-Frank Act, passed by a Democrat-controlled Congress and purportedly designed to reform certain practices of banks and other financial institutions which shouldered the blame for causing the recent recession. Created within that law was the Consumer Financial Protection Bureau (CFPB), the brainchild of our now U.S. Senator Elizabeth Warren. At that time, your Association and the NADA worked hard to instill in the law an amendment that exempted franchised new car and truck auto dealers from the oversight of the CFPB. In an age when the black letter writing of the law merely serves as just one more thing to ignore, the CFPB has gone to the point of shaking down lenders and the captive finance arms of OEMs to engage in a back-door attack on franchised dealers’ abilities to assist consumers in their financing of vehicle purchases. On July 14 the CFPB and the U.S. Department of Justice (DOJ) announced a consent agreement with American Honda Finance Corp. (AHFC) in which AHFC agreed to pay $24 million to minority customers for alleged discriminatory pricing on auto loans. Additionally, AHFC agreed to lower reserve payments to dealer credit arrangers from 2.25 percent to 1.25 percent above the buy rate for loans of five years or less, and from 2 percent to JULY 2015
Massachusetts Auto Dealer www.msada.org
1 percent for longer loans. Honda also agreed to pay $1 million to fund a consumer financial education program focused on consumer auto finance and designed to benefit ethnic minorities. With this agreement, the CFPB and the DOJ want to see the Honda agreement “spur the rest of the industry to constrain dealer markup to address discriminatory pricing.” Again, since the CFPB does not regulate dealers but does regulate lenders, it will use the full power of its bureaucratic might to squeeze OEMs to squeeze dealers. In response to the CFPB-Honda accord, three national dealers groups – the NADA, the American International Automobile Dealers Association, and the National Association of Minority Auto Dealers – issued separate statements attacking the premise for and substance of the CFPB action. (See their statements in Don Sudbay’s NADA column on page 26.) In a related side story, the CFPB rejected a Freedom of Information Act (FOIA) request by the NADA to release a memorandum that shows the agency seeking to exercise jurisdiction over auto dealers, which is prohibited under the DoddFrank law. According to a June 30, 2015, article in American Banker, three senior CFPB officials sent CFPB Director Richard Cordray a memo outlining how a proposed settlement with American Honda Finance Corp. would further the agency’s “goal” of “significant[ly] limiting dealer discretion.” “The significant limitation of dealer discretion, which in turn reduces fair lending risk, is one of the goals we have been seeking with respect to the indirect auto matters, and this settlement proposal attains that goal,” Jeffrey S. Morrow, Jane M.E. Peterson, and Rebecca J.K. Gelfond wrote in a
MSADA June 16, 2015, memo to Cordray about the proposed Honda settlement, according to American Banker. The statement undercuts the numerous claims made by Cordray and other CFPB officials that the agency is not targeting auto dealers through enforcement actions. The leak of the memo prompted NADA to request its release under FOIA. Yet, in its reply to NADA, the agency’s FOIA manager said that the leaked memo was “privileged” and, therefore, protected from public scrutiny - yet another blow for transparency in the Obama administration. While all this was playing out over the last several weeks, the U.S. House of Representatives’ Financial Services Committee held a public hearing on and scheduled a vote for H.R. 1737, a bipartisan bill that would rescind the CFPB’s March 2013 guidance on auto lending, which the agency has used to outline its assault on dealer-assisted financing. The legislation
Rep. Stephen Lynch (South Boston), who co-sponsored the bill last year, and Rep. Michael Capuano (Somerville). The bill will need the continued push of state and national dealer associations in order for the bill to see a vote of the full House later this year. For information to contact your Member of Congress, please contact me. Finally, this is as good as time as any to remind our members of the NADA’s dealer management guide, Fair Credit Compliance and Program, which was published in January 2014 to assist in complying with federal fair credit and anti-discrimination laws.
U.S. Department of Labor Proposes Changes to Overtime Exemptions The U.S. Department of Labor’s Wage & Hour Division (DOL) has issued a proposal to amend its executive, administrative, and professional (“white collar”) overtime exemptions. The proposal
In its reply to NADA, the agency’s FOIA manager said that the leaked memo was “privileged” and, therefore, protected from public scrutiny - yet another blow for transparency in the Obama administration. has 54 Democratic and 69 Republican cosponsors and would require the CFPB, when issuing guidance on indirect auto lending, to engage in a transparent process that benefits from public input and a consideration of its impact on consumers as well as small, women-owned, and minority-owned businesses. On July 29, the Financial Services Committee approved H.R. 1737 on a bipartisan vote of 47-10 (34 Republicans and 13 Democrats). Among the 10 “nay” votes on the Committee were two members of the Commonwealth – Democrats
would more than double the exemption’s minimum salary requirement from $455 per week ($23,660 per year) to $970 ($50,440) and would raise the minimum pay for highly compensated employees from $100,000 to $122,148 per year. No other federal exemptions from overtime are involved in the proposal, which also seeks to automatically increase these compensation level tests over time. While no changes are being proposed for the substantive duty tests that help determine an employee’s eligibility for these exemptions, comments are being www.msada.org
sought on those tests. After analyzing the proposal’s application to dealerships, the National Automobile Dealers Association (NADA) intends to provide input to DOL during the rulemaking. For more information on these and other federal overtime exemptions, see NADA’s A Dealer Guide to the Fair Labor Standards and Equal Pay Acts.
U.S. Department of Labor Issues New Family and Medical Leave Act Forms The DOL has updated its Family and Medical Leave Act (FMLA) notices and certification forms. Importantly, the medical certification forms now refer to the Genetic Information Nondiscrimination Act of 2008 (GINA), a federal law that makes it illegal for employers to discriminate based on one’s genetic information. The revised medical certification forms caution health care providers against sharing with employers any genetic information pertaining to employees or their families. Effective May 27, 2015, dealerships must use the revised forms found on DOL’s FMLA page at: http://www.dol. gov/whd/fmla/.
Federal Trade Commission Continues Scrutiny of Deceptive Dealership Ads After two Las Vegas dealerships agreed recently to settle charges that they used deceptive advertising, the Federal Trade Commission (FTC) said dealers can expect vigilant enforcement of dealers’ practices to continue. “Protecting consumers in the auto marketplace remains a top priority for the FTC,” spokeswoman Cheryl Warner said in an email to Automotive News. Warner said that, since 2012, the FTC has brought more than 20 cases against dealerships nationwide involving deceptive auto advertising. While this latest case was not part of a big sweep, it is part of the FTC’s continuing scrutiny, she said. As we have written previously, in early 2014 the FTC cracked down on deceptive Massachusetts Auto Dealer JULY 2015
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The Roundup advertising at car dealerships in a sweeping effort dubbed Operation Steer Clear. Twelve dealerships agreed to 20-year settlements after being charged with deceptive advertising. In March 2015, the FTC announced Operation Ruse Control to target auto-loan application fraud, deceptive practices related to add-on products and services, and deceptive advertising. The FTC teamed with 32 enforcement agencies to conduct a nationwide and cross-border crackdown that included 252 actions by law enforcement. Dealerships can comply with the law by posting accurate prices available to all consumers and avoiding fine print in ads, said Jessica Rich, director of the FTC’s Bureau of Consumer Protection, at a press briefing last year. The FTC’s aggressive policing of dealers’ advertising practices has captured the attention of NADA. In January, NADA published A Dealer Guide to Federal Advertising Requirements, which provides dealers with examples of bad and good ads. It has chapters on 41 federal advertising topics aimed at helping new-car dealers comply with federal advertising requirements. “The FTC has identified a number of concerns in the area of advertising compliance, and we want to make sure our members know what the laws are and adhere to them,” said Paul Metrey, NADA’s chief regulatory counsel for Financial Services, Privacy and Tax. In March 2014, NADA teamed up with the FTC to offer members and their ad agencies a 75-minute webinar on advertising standards, Metrey said. Go to the NADA website (www.nada. org) to download the NADA’s A Dealer Guide to Federal Advertising Requirements.
Federal Trade Commission Proposes Amendment to Gramm-Leach-Bliley Rule The FTC has proposed an amendment to its rules under the Gramm-Leach-Bliley Act to allow auto dealers that finance
JULY 2015
Dealers are encouraged to view the FTC’s new site and guide for helpful information and resources on data security. car purchases or provide car leases to provide online updates to consumers about their privacy policies, as opposed to sending yearly updates by mail. Dealers would be able to provide consumers with the privacy policy solely online, as long as the company notifies consumers on a yearly basis that the policy is viewable online. The rule change would require this notification to be part of some other legally required document provided by customers. The revised rule would still require dealers to provide consumers with a written copy of the notice upon request. In addition, if a dealer’s privacy policy has changed since a consumer was last provided a written notice, the consumer must be provided a copy of the new policy in writing. Dealers who share consumers’ personal data with third parties in a way that requires a consumer to have the ability to opt out would not be allowed to provide their privacy policy online only. For more information, go to: www. ftc.gov/news-events/press-releases/2015/06/ftc-proposes-grammleach-bliley-rule-amendment-allowonline?utm_source=govdelivery.
New Data Security Guide and Website Available from Federal Trade Commission The FTC has released a new guide addressing data security. Start with Security: A Guide for Business summarizes lessons learned from more than 50 data security settlements the FTC has announced to date. This new brochure presents the information in 10 commonsense lessons that apply to businesses of all sizes and in all sectors. Additionally, the FTC has a new at-a-glance website
Massachusetts Auto Dealer www.msada.org
(www.ftc.gov/datasecurity) where one can view all key materials from the FTC about data security. Dealers are encouraged to view the FTC’s new site and guide for helpful information and resources on data security.
NADA Comments on Congressional Auto Cybersecurity Inquiry The House Energy and Commerce Committee recently sent letters to NHTSA and 17 auto manufacturers requesting information about the industry’s cybersecurity preparedness and its response to emerging challenges as new technologies are developed and automobiles and transportation infrastructure become increasingly connected. NADA submitted a letter to the Committee outlining dealer concerns related to the cybersecurity challenges arising from the servicing and remediation of tomorrow’s vehicles. NADA has been, and will continue, working with the manufacturers and their associations in addressing cybersecurity and other related issues in the automotive ecosystem.
Massachusetts Earned Sick Time Webinars The Massachusetts Earned Sick Time (EST) law, along with its companion regulations, took effect on July 1, 2015, affecting all employers nationwide with employees in the Commonwealth. The law and its regulations are complex, permitting employers to approach compliance in a variety of ways, depending on each organization’s current paid leave policies and related practices. We have issued numerous bulletins on this subject matter. Fisher & Phillips LLP, a national labor
MSADA and employment law firm representing management which advises your Association on employment law matters, has developed a special web-based training program to enable employers to understand and achieve compliance in the context of each’s unique organizational cultures and requirements. To educate dealers on the intricacies of the EST law, Fisher & Phillips conducted webinars on July 16 and July 20, which were taped for later access. Program participants received: • A clear explanation of the law and final regulations; • Samples of compliant policies based on different sick time accrual methodologies; • An FAQ sheet that answers many of the most commonly asked questions; • Copies of all relevant documentation from the Attorney General’s office, including the final regulations and “Safe Harbor” provision, the required poster, and other compliance documents; and • Access to an open question & answer session. The webinar slide show is available at: http://www.laborlawyers.com/ Files/60861_Learn%20to%20Comply%20With%20the%20New%20Massachusetts%20Earned%20Sick%20 Time%20Law.pdf. The recordings can be accessed at: • July 16, 2015: https://attende e . g o t o w e b i n a r. c o m / r e c o r d ing/119285284877299714 • July 20, 2015: https://att e n d e e . gotowebinar.com/recording/2780126513924150017 Contact me if you require additional information.
Legislative Public Hearings Started On July 14 the Joint Committee on Financial Services, chaired by Sen. James Eldridge (D-Acton) and Rep. Aaron Michlewitz (D-Boston’s North End), conducted a public hearing on several pieces of auto-related legislation, including
two bills of interest to your Association: • Senate 493 (filed for MSADA by Sen. Eileen Donoghue of Lowell), An Act Relative to Motor Vehicle Service Contracts. This legislation would prohibit OEMs from requiring dealers to exclusively sell OEM-only extended service contracts or extended maintenance plans. The OEMs have filed opposition to this bill. • House 962 (filed for MSADA by Rep. Joseph Wagner of Chicopee), An Act Reforming Labor Rates Paid by Insurance Companies to Auto Repairers in the Commonwealth. This bill would establish a process for setting insurance reimbursable labor rates paid to auto body repairers that is in line with the current economics of the industry in Massachusetts. The average rate presently paid by insurance companies to repairers is the lowest in the country. This bill was strongly opposed by the state’s insurance industry. The committee took no action on these bills after the hearing. We will continue to advocate before the committee for their passage. Should you require any additional information, do not hesitate to contact us.
Governor Signs State Budget On July 17, Governor Charlie Baker signed into law the Commonwealth’s FY2016 budget. The Governor vetoed $162 million from the $38.1 billion spending plan. The budget contains no new taxes and limits spending growth to an overall three present. The spending plan also is based on an income tax cut from 5.15 percent to 5.1 percent, which occurred by law based on a formula designed to take in take into consideration economic growth metrics. Further, after facing an almost $1 billion deficit upon his election, the Governor announced that FY2015 came in about $390 million in the black, due to budget cuts he made, an early retirement program, and other administrative actions the Governor took to eliminate the red ink.
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DealersEdge Webinars Schedule for August Are you taking full advantage of our weekly educational and training seminars provided to you through our partnership with DealersEdge Management Training? The live courses, and more than 100 pre-recorded webinars (and growing), are available to MSADA members in two ways. Members can elect to register for a live webinar or purchase a pre-recorded course on an a la carte basis with MSADA’s member discount OR you can sign up for the MSADA VIP Season Ticket. A dealership can use the VIP Season Ticket to register up to 10 team members to access all programming, both live and recorded. If you have any questions, please don’t hesitate to contact DealersEdge at 800-321-5312 or me at rokoniewski@ msada.org. All MSADA-related DealersEdge information can be found at https://msada.dealersedge.com. The upcoming schedule of webinars for the next several weeks is as follows: • August 6, 1pm EST – “How to Get a Larger Share of the Soaring Certified Pre-Owned Market” by presenter Jasen Rice; • August 13, 1pm EST – “Thru the Periscope: New Look at Video Marketing Strategies for Auto Dealers” by presenter Paul Potratz; • August 20, 1pm EST – “Aging Parts Inventory – Valued Assets or Worthless Artifacts” by presenter Chuck Hartle.
Welcome, Henry Thomas Brennan On the morning of July 14 Henry Thomas Brennan came bounding into the world, measuring a healthy 21 inches at 8 pounds, 8 ounces. Congratulations to his parents Elissa and Peter Brennan. Peter, as you may know, is our staff attorney. Good luck to one and all. t
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Troubleshooting
MSADA
EST Compliance
Combined EST/PTO or Separate Policies? By Peter Brennan, Esq.
MSADA Staff Attorney If you operate a business in Massachusetts, then you hopefully have a policy in place to comply with the state’s new earned sick time (EST) law that went into effect on July 1. The law was approved overwhelmingly by voters in the Commonwealth last November by a 60%40% margin, making it very likely that many people now suffering the consequences of the law have only themselves to thank. Here at your Association we have been working hard to keep members informed about the new law every step of the way, from ballot question to implementation. The final regulations, 940 C.M.R. 33.00, were released less than two weeks before the law went into effect. While some ambiguity remains and further legislation on the topic is likely, the final regulations do offer employers enough certainty to draft an EST policy that will hold up in court. Due to the complexity of the regulations, the anti-retaliation and anti-interference provisions contained therein, and the promise of treble-damage awards, enterprising members of the plaintiff’s bar are likely eyeing Nantucket real estate listings at the expense of unwitting business owners. Accordingly, it is highly recommended that employers enlist their legal counsel to design and implement a fully compliant EST policy. The foundation for a compliant EST policy rests on several choices that need JULY 2015
to be made by the employer. First, should the employer combine the EST policy with an existing paid time off (PTO) policy, or create separate EST and PTO policies? The benefit to a separate EST policy is that the employer can ensure that it is in compliance with the law by following the specific provisions laid out in the regulations without impacting the existing benefit structure. The Commonwealth has provided a sample earned sick time policy that could be adopted with minimal effort if pursuing this option. Of course, while ensuring compliance with the EST law, this option could also significantly increase the amount of paid time off that employees receive unless the adoption of the sample policy is combined with a reduction of the PTO offered in any existing policy. Any reduction in existing PTO in favor of EST is likely to rile current employees, especially those who voted for the law thinking that it would double the amount of paid time off they received. A combined EST/PTO policy is a good option for companies that already have a PTO policy in place, but it is not without potential pitfalls. To create a compliant EST/PTO policy, the employer must ensure that all of the requirements included in the EST regulations are also included in the new EST/PTO policy. For instance, if pursuing a combined EST/PTO policy, employers must allow employees to use the time for the reasons listed in the regulations: When the employee or the employee’s child, spouse, parent, or parent of a spouse is sick, has a medical appointment, has to address the effects of domestic violence, or to travel to and from a pharmacy or appointment in connection with the reason that the leave was taken. Any time up to 40 hours used for these listed purposes must be allowed to be used in increments as small
Massachusetts Auto Dealer www.msada.org
as one hour, although the employer may require larger time increments for vacation time. Under federal and state law, there is no requirement to give employees any paid or unpaid vacation time. However, Massachusetts law requires that employers who do give employees paid vacation time treat those payments like any other wages and pay employees for all earned vacation time upon termination of employment. The Massachusetts EST law does not require employers to make a payout to employees for accrued but unused EST. Employers have the option of paying out up to 40 hours of accrued but unused EST to employees at the end of the benefit year or if an employee changes jobs within the company, but are not legally required to pay employees for any unused EST. Employers must be careful when drafting a combined EST/PTO policy to avoid responsibility for paying out all unused EST/PTO. One solution is to specifically note in the policy that half of all accrued EST/PTO will be considered “vacation” time, and paid out at termination according to state law. Of course, picking between a combined EST/PTO or separate EST policy is just the first step for the employer, who then must choose a time accrual method for the policy and ensure that every other provision in the regulations is also adhered to, which is why enlisting the services of counsel to design the policy is recommended. t If you require any additional information regarding prize promotions or any other issue, please contact Robert O’Koniewski, MSADA Executive Vice President, rokoniewski@msada.org or Peter Brennan, MSADA Staff Attorney, pbrennan@msada.org or by phone at (617) 451-1051.
Dealer Services
MSADA
Motivating the Millennial By Rob Sneed Rob Sneed is a development rep and motivator for Ethos Group Consulting Services and the author of various articles in the automotive industry.
Ethos Group
provides franchised
automotive dealerships with an integrated program
of
results-driven
income-develop-
ment services, comprehensive training, robust recruiting and industry-leading products.
The millennial generation is beginning to shake up the automotive industry. They are both buying and selling vehicles differently than previous generations. The part that we may not like to admit is that the industry would benefit from the change. Fortune magazine described the millennial generation “as tolerant but also narcissistic, pragmatic but with a sense of entitlement, civic-minded but harboring a keen interest in accumulating wealth.” From the sound of all that, it seems as if there is an entire generation of people that want to have their cake and eat it too. The truth is they do not have it all wrong, even though the millennial message is certainly counter intuitive as compared to past workforce generations.
Start Where It Ends Ethos Group™ has been recruiting on college campuses long before this demographic was known as the millennial generation emerged. We have invested countless hours developing programs at over 200 colleges and universities over the course of almost two decades. We have networked with everyone from fraternities and sororities to alumni associations, and we have not limited ourselves to business schools either; after all, sometimes the most creative, outof-the-box thinkers do not graduate with traditional “business” degrees. For us, it has always made sense to find young, energetic, willing individuals who show the professionalism, ability, and desire to be successful, and then invest the resources required to bring out their potential. Ask any of our dealer-clients who have committed to the program and they will tell you that it has enabled them to leverage more than just dollars to grow their business – it has enabled them to leverage people.
working generation is looking for: • Millennials want to be part of something greater than themselves. By connecting this generation of employee to your company vision, you will harness their will and energy by tapping into the need for significance. • They want to be valued contributors and work at jobs they enjoy. The millennial wants to make a good living, and they also need to hear it. Communicate successes and show appreciation for their contribution and you will find it is the highest form of motivation. • Millennials are team players who want individual recognition. This generation has grown up connected, and that connection is important to them. Find ways to foster teamwork, but be sure to recognize your top performers individually. Everyone wants to be on a winning team, but every team needs captains. • They want to make a great living, but they do not want to make that living at the expense of their other goals. Provid-
“We cannot think of another industry that can deliver as much to the millennial worker as our industry.”
What is Their Deal?
Motivating the Millennial
Millennials want to be part of something greater than themselves. They want to be seen as valued contributors and do work that they enjoy. Millennials are team players who require individual recognition. They want to make a great living, but they do not want to make that living at the expense of their other goals. Ultimately, millennials do not mind working hard, but they insist on maintaining some sort of work/life balance. We cannot think of another industry that can deliver as much to the millennial worker as our industry.
The millennial model is different than the one we have traditionally used in the industry. However, Ethos Group™ has found that motivating the millennial is no different than motivating any other generation of employees. Many dealers are finding that the cost to employ the millennial is considerably less than an equally successful counterpart. Why? Millennials are not solely motivated by money. Now for those of us that learned in the old school this doesn’t make a lot of sense, but remember what the younger www.msada.org
ing work/life balance is not as difficult as we make it. Staff up! Millennials are unlikely to outwork the industry, but they will outsmart it; there is nothing wrong with working smarter rather than harder! It is time to rethink what you have always done in order to align your priorities and the expectations of millennials. Dealerships that have embraced the newest generation of workers have young, energetic teams that know how to sell to the newest generation of buyers. There is power in that kind of profitability! t Massachusetts Auto Dealer JULY 2015
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AUTO OUTLOOK
JULY 2015
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Legal
By Joseph W. Ambash and Jeffrey A. Fritz
MSADA
Some Practical Tips for Complying With the New Massachusetts Earned Sick Leave Law As you should know by now, the Massachusetts Earned Sick Leave Law went into effect on July 1, 2015. The Attorney General issued final regulations interpreting the law just twelve days before, leaving many employers scurrying to bring their policies and practices into compliance. While the final regulations do not address all ambiguities and questions, they allow us to offer some practical tips for compliance. What is the least expensive way to implement the new sick leave law? Each dealer will have to determine his or her own approach to implementing the new law. Some dealers do not currently provide separate vacation and personal time off (PTO) policies. Other dealers may provide vacation or other time off benefits only to full-time employees. All dealers will now have to conform their policies to the new law, which grants earned sick time to all employees, regardless of the number of hours they work. In many cases, the least expensive approach will be to convert an existing vacation policy to a PTO policy that permits employees to utilize their paid time off for a variety of purposes, such as for earned sick time, vacation time, or personal business. So long as the PTO policy permits employees to accrue and utilize up to 40 hours each benefit year in hourly increments in accordance with the new law (regardless whether the employees actually use the time for sick leave purposes), the policy will comply with the law and will enable many dealers to achieve compliance at a lower cost than simply adding a new earned sick time benefit in addition to vacation time. Is there a way to avoid the administrative nightmare of counting hours? As you likely know, the new law provides that all Massachusetts employees must accrue (and, upon their 90th day of employment, must be permitted to use) up to 40 hours of JULY 2015
earned sick leave in any calendar or benefit year. The law requires that each employee minimally must accrue earned sick leave at the rate of 1 hour for every 30 hours he or she works, including overtime hours. While a Massachusetts employer already must keep an accurate record of all time each employee works, tracking accruals at the rate of one hour for every 30 hours can be a burden on your payroll operations. There are two alternatives dealers can consider. First, you can “frontload” the time, giving 40 hours to employees upfront, at the beginning of each calendar or benefit year. This practice has the benefit of simplicity, but results in employees receiving more time upfront than that to which they are entitled under the letter of the law. And if an employee uses that time and quits before he or she would have accrued it under the standard method, the employer cannot recoup from the employee the value of that benefit. Second, the final regulations offer an incremental approach. They offer a schedule employers can use based on the average hours employees work per week. For example, if the employee works an average of 37.5 to 40 hours per week (over a representative period), the employer can provide eight hours of earned sick leave per month (at the beginning of the month) for five months. The chart describing the incremental awarding of hours is available on the Attorney General’s website at http://www.mass.gov/ago/doing-businessin-massachusetts/labor-laws-and-publicconstruction/earned-sick-time/#Section 33.07. If an employer follows this schedule or a similar but more generous schedule, it need not count employees’ hours to determine accrual. The employer will be deemed in compliance even if an employee’s hours vary from week to week and, under the standard accrual method,
Massachusetts Auto Dealer www.msada.org
would accrue at a faster rate. Of course, this method requires the employer to determine each employee’s average hours per week and, if that changes, to make appropriate adjustments. Is there any way to confirm an employee is not abusing earned sick leave? The answer, unfortunately, largely is “no.” An employer essentially must take its employee’s word that he or she is using sick leave for a legitimate purpose. (Of course, if an employer learns an employee has taken leave for an illegitimate purpose, it can impose discipline.) And the law prohibits employers from asking employees about the nature of the illness or the details underlying the need to use such leave. That said, the law does permit employers to (1) require appropriate medical documentation of the need for the leave in when the time exceeds 24 consecutively-scheduled work hours or three consecutive days on which the employee was scheduled to work) and (2) require employees to verify in writing the general reason for any leave taken (i.e., to care for the employee’s own physical or mental illness). Use of such a verification form can help cut down on potential sick leave law abuse. t
Joe Ambash is the Managing Partner and Jeff Fritz is counsel at Fisher & Phillips, LLP, a national labor and employment firm representing hundreds of dealerships in Massachusetts and nationally. They may be reached at (617) 722-0044.
Technology
MSADA
The Top Three Considerations For Dealers Adopting Technology By Raj Sundaram Raj Sundaram is Co-President of Dealertrack Technologies, and has served in multiple senior leadership roles during his tenure. Prior to Dealertrack he was President of Automotive Lease Guide Inc. (ALG), and his extensive automotive experience includes senior positions at Nissan and Ford. Sundaram holds an MBA in Finance from Lehigh University, and has a Bachelor’s and a Master’s degree in Accounting.
As car shoppers continue to prioritize online as the first step in their car shopping experience, it is more important than ever for dealers to leverage digital retailing in their workflow solutions. Today’s 21st century car shopper demands transparency and consistency, which is why an online showroom is just as critical as an in-store showroom. In 2014, dealers who invested in digital retailing, advertising, and mobile technologies achieved new levels of customer engagement and dealership profitability. When implementing emerging technologies into a dealership, there are three key factors that should be top of mind for dealers: minimizing compliance risk, eliminating complexity, and increasing exposure of insurance products.
1. Minimizing Compliance Risk Compliance has become one of the most complex and serious challenges dealers face today. Dealers need to be up-to-date with ever-changing regulatory rules and federal mandates. Due to the large amount of information dealerships gather about customers, there’s a high risk of data security breaches. Dealers need to ask themselves, “Do I have digital storage of deal documents? Am I monitoring and tracking compliance activity online?” If not, the industry’s latest technology defends against potential loss, protects customers’ information, and complies with federal and state regulations. Dealers should always make sure they have updated software guards to block potential fraud.
2. Simplifying the Process from Shopping to Payments At the click of a mouse, car shoppers can now find out and purchase almost anything online – they want and expect a similar experience when it comes to car shopping. A dealership’s website should offer full accessibility to current inventory, products, and services, as today’s consumers have little patience for unin-
formative and hard-to-navigate sites. The finance and payment options portion of the research and purchasing process should not be exempt from a simplification overhaul either. Paper-driven transaction methods are rapidly becoming outdated, inefficient, and extinct. In short, they unnecessarily ex- With millennials acerbate complexities becoming an of an already complex increasingly large financial process. The easiest way to segment of car reduce transaction time and simplify the shoppers, dealers car shopping experishould make sure their ence is through advanced technologies sites are catering to that allow customers to fill out credit apthis demographic. plications, explore financing and payment options, and even put down deposits before visiting the showroom. The longer a customer spends getting a deal done, the lower a dealer’s CSI score sinks. Digital retailing makes the car process as easy as possible, resulting in increased leads, website traffic, and VDP views.
3. Increasing Exposure of Insurance Products Dealers are constantly asking, “How do I get more exposure for my insurance products?” To achieve more exposure, dealerships must have a completely transparent online presence. Before even seeing inventory, shoppers want to know what cars they can afford and what their F&I options are. In a study released by MTV, 71 percent of millennials surveyed reported that they found ratings and comparisons among different vehicles unclear. Furthermore, 83 percent said they wish car brands would explain how vehicle prices are set. With millennials becoming an increasingly large segment of car shoppers, dealers should make sure their sites are catering to this demographic. By leveraging technology and digital retailing to make your site as user-friendly and informative as possible, shoppers will be exposed to a wide-variety of options, products, and services through maximum visibility. After implementing Dealertrack’s digital retailing solution, a New England dealership, for example, experienced a 69 percent new vehicle gross profit increase. What did your dealership experience when adopting new technologies? Let us know. Send an email to associations@dealertrack.com. t www.msada.org
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Cover Story
Next Level Summit offers tools to help dealerships reach new goals with a renewed vision. By Catherine MacDonald As dealers go about their day, the responsibilities and demands for one person’s attention can obscure the larger mission. Working with MSADA on a pilot training program, Ethos Group representatives Rob Sneed and Tim Marbut put forward a challenging task for the 75 dealers and their key managers who came out for the Next Level Leadership and F&I Summit in Natick last month. Gathered in the ballroom of the Natick Crowne Plaza, Marbut and Sneed tag-teamed throughout the afternoon, pacing the room and offering challenges to conventional wisdom and eye-opening questions. “Why can’t you be the number one store in your market?” Marbut asked as an opener. “What does your company ask – what if, or why not?” As the pair worked through a presentation rife with simple but often forgotten business truths, it became clear that answering that question is a matter of remembering how dealers got to where they are, and remembering everyone needs to dig deeper to get where they want to be.
Winners and Prayers Ethos Group, a Texas-based F&I consulting firm, makes leadership and character a central focus of its hiring practices. In turn, their recruits are placed in dealerships across the country, where they advise dealer JULY 2015
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MSADA
Leadership We don’t allow ourselves to be so comfortable with what it’s like to sell a car that we forget what it’s like to buy a car.” –Rob Sneed, Ethos Group
principals on how to best implement teamwork in an increasingly Millennial-dominated workplace. A lot of of that work begins with re-examining approaches to the front-end work of moving people from tire kicking to the F&I office. Marbut maintains that, at any dealership, salesmen and saleswomen can be divided into three categories: Winners, Winners in Training, and Prayers. “What do the prayers have more of than anybody else?” he asks.
The dealers in the room offer two immediate answers: excuses, and time. And that leads to a huge problem. “They end up being the trainers,” he says, “because they have time. What I want you to do right now is think through that for a second.” Too often at a dealership, those who have the worst habits end up being the salesmen with the time to train new recruits. The trick to breaking that cycle is meeting them where they are, and bringing them in on your vision. That can mean things like knowwww.msada.org
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Next Level Leadership ing their spouses’ names, or whether their kid plays Little League, or understanding the increasingly pervasive millennial mindset. “People coming into the workplace don’t care about your title,” Marbut says. “Every person in their lifetime in power -- preachers, presidents -- has failed morally. They’re not impressed with your title -- they’re impressed with how you help them. They see you as a parent. Think about that.” To get two generations of salesmen and women on the same page, Ethos puts forward a program that places primary focus on making sure both generations have the same mission: Informing customers, and helping them make the best decision about what to buy. “What do your customers see, sense, or feel in your store? What’s that magic lightswitch you flip and say, ‘I trust that guy’?” The duo makes a convincing case that, while there are many factors at play, a salesman must know everything about what they’re selling based around the motivations of the buyer -- whether it’s a safety rating or how many cup holders there are. And of those best of the best, dealers need to know how to win them away. A dealership with a defined career path, a way to achieve goals, improved quality of life, a better work environment, and training and development will work to fulfill that overarching mission.
Focus Areas
What happens out on the front lot goes a long way toward fulfilling any dealers’ vision for his or her store, but Sneed maintains that what goes on after the handshake is what will keep the lights on. That means the same culture of respect and transparency applies. “Your visions and values have to be aligned to move your team toward a common goal,” Sneed says. “Are we going to continue to create an experience with a pink gorilla on the roof, or are we going to create something different? We need to take our jobs seriously, but not ourselves seriously.” A case in point: “Do we need to take all credit applications? Yeah. But we don’t have to take ‘ALL CREDIT APPLICATIONS.’” JULY 2015
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An F&I department has much riding on its shoulders. As Sneed sees it, they have four jobs: Ensure customer satisfaction; secure front gross; maximize back end profit; and secure the sale. There’s a lot of room to get lost along the way. “We need to acknowledge we might be compromising on our values, and that there might be consequences. We like customer satisfaction; it’s buzzworthy. Now we talk about retention. What does that even mean? What if we didn’t hold ourselves to the standard everyone else wants to set? What if we threw all that out and started judging the performance of our team based on your vision of the business?” That’s their pitch for why F&I departments are too often the afterthought in the car-buying process. Instead, a customer walking through that office door should feel at ease, and be ready to work out an arrangement that benefits both parties. “Force the F&I department to get out of the box,” Sneed adds. “We don’t allow ourselves to be so comfortable with what it’s like to sell a car that we forget what it’s like to buy a car. Then you end up with a process that serves process -- instead of a process that serves the purpose.” Ultimately, both Sneed and Marbut stress that dealerships putting a focus on these areas is all in service of the larger decision that needs to be made. “Our program is designed to make you think -- ‘What are we doing, how do we do it, and how can we do it better?’,” says Sneed. “You have to make a choice,” Marbut concludes. “Do you choose to be the best of the best, or do you choose to be the best of the average. Success is a choice -- let’s make the right choice.” The full presentation is available at www.slideshare.net/RobertSneed. t
MSADA
Insurance
Advantages of Assessing Your Risks for Slips, Trips and Falls
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NEWS from Around the Horn from Around
NEWS the Horn
MSADA
HADLEY
TommyCar Auto Group Announces Scholarship Winners
The Tom Cosenzi Scholarship announced the three students who each received the $1,000 scholarship for demonstrating excellence in the classroom and in the community. The Tom Cosenzi Scholarship was established to honor the memory of Thomas E. Cosenzi. When Thomas E. Cosenzi passed away in 2009, it was not only ownership of the TommyCar Auto Group that passed to his children Carla and Thomas M., but his legacy of giving back to the community. That legacy was evident when the three recipients of a 2015 Tom Cosenzi Scholarship were awarded their checks for $1,000. The program has expanded to Hopkins Academy in Hadley, Shepherd Hill Regional High School in Dudley, and Northampton High School. “The combination of academic achievement and community leadership exhibited by these students underscores the core values of this scholarship,” said Carla Cosenzi. This year’s scholarship winners include Cienna Harris, a senior at Hopkins Academy who will be attending Salve Regina University; Justyna Sudyka a senior at Shepard Hill Regional
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Left to right: Cienna Harris, Carla Cosenzi, Justyna Sudyka, Francois Venne
High School who will attend University of Connecticut in the fall; and Francois Venne a senior at Northampton High School who will attend the College of the Holy Cross.
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LITTLETON
Acton Toyota Extols Benefits of Geofencing With consumers in New Hampshire often confused about whether they have to pay sales tax if they purchase a vehicle in Massachusetts, one company has found a way to help dealerships encourage would-be customers to make the cross-border trek. Automotive News explained the new online tool known as Geofencing through a case study of Acton Toyota of Littleton, which, like many border dealerships, has fought to inform customers from New Hampshire that they won’t be on the hook for the Bay State’s sales tax once they take delivery of the vehicle in N.H. Marketing Director Justin Brun signed up for a service that would inform anyone in New Hampshire visiting the dealership’s site about the benefit. “It allows you in a targeted way to throw out a little bit of bait to maybe attract [people] outside their comfort zone,” Brun told the magazine. Several companies offer the service, with a price range between $500-$900 per month. FRAMINGHAM
Connolly Acura Hosts Sen. Spilka Herb Connolly Acura hosted a reception for Sen. Karen Spilka last month, offering a tour of the facilities and a chance to honor the Ashland Democrat for her efforts. “We appreciate her hard work for businesses here in Metro West and throughout the state,” owner Chris Connolly told The Framingham Patch. Spilka, who chairs the Senate Ways & Means Committee on Beacon Hill, discussed how the auto industry is an economic engine for MetroWest and provides high wages for employees.
Photo by Petroni Media Company
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NEWS from Around the Horn BOSTON
BOSTON
MSADA Offers Boston.com Readers Car-Buying Tips
Massachusetts Dealership Relatively Unaffected by Airbag Recall
Boston.com recently sought advice about car-buying from dealerships from MSADA Executive Vice President Robert O’Koniewski, who dispelled myths and laid out the ways in which consumers can feel at ease. “Dealers don’t want to put customers in a car they can’t afford or are not going to enjoy driving,” O’Koniewski told the website. “The whole point of the purchase process is to make the customer happy. The dealer wants to engender a customer relationship in the long run so that customer is more likely to visit that dealer again.” O’Koniewski offered that the most important piece of the puzzle is for consumers to do their homework -- both on vehicles and their own financial standing. That approach, he said, “makes it a much more pleasurable experience for you and the dealer who’s trying to help you.”
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Local dealerships have reported few calls from customers regarding the growing Takata airbag recall, even as manufacturers continue to add cars to the list. Service department manager Al Jonuz at BMW of Sudbury told The Metrowest Daily News that less than 10 percent of the calls they receive a day concern the recall. Out of the 70 to 80 cars BMW of Sudbury services daily, Jonuz estimates that only two or three come in for Takata airbag replacements. “It’s going to be different area to area,” he said. “This recall is affecting older vehicles and our customers are driving newer models.” The paper reports that Massachusetts’ colder climate may also be a contributing factor -- most of the incidents involving the airbag have occurred in southern states.
MSADA
NEWS from Around the Horn NORWOOD
Peter Catanese Profiled by Boston.com A father’s determination to move forward in the wake of his son’s untimely death was the focus of a recent Boston. com profile of Central Auto Team owner Peter Catanese II. The in-depth article outlined Catanese’s journey from dealer’s son to Norwood dealership owner, while emphasizing his efforts after losing his own son in 2001. Among the initiatives pursued by Catanese are an orphanage in Haiti and work with the House of Possibilities in Easton. “I love to work, and despite the terrible thing that has happened to our family, I am never alone,” he said. “In the end, giving back is really what we should be all be about.” The full article is available at Boston.com. SPRINGFIELD
Balise Motor Sales Announces $500,000 Gift for Cancer Center Capital Campaign Balise Motor Sales recently announced a $500,000 gift to Mercy Medical Center’s Transforming Cancer Care – The Capital Campaign for the Sister Caritas Cancer Center. The Balise gift will support the 26,000 square foot expansion of the Cancer Center that will bring Radiation Oncology services and Medical Oncology services together under one roof. By 2022, the demand for outpatient cancer services in this region is expected to grow by 26 percent. “While I knew cancer is a major health concern, I had no idea how great the need for (Left to right) Philip Glynn, MD, Director cancer services is of Oncology, Mercy Medical Center; in our community,” Mohamed P. Hamdani, MD, Chair of said Jeb Balise, the Cancer Center Capital Campaign; President and Chief Jeb Balise, President & CEO, Balise Executive Offi- Motor Sales; Mike Balise, Vice Presicer of Balise Mo- dent, Balise Motor Sales; and Daniel P. tor Sales. “When Moen, President and CEO, SPHS. my brother Mike (Balise) was diagnosed with cancer, a friend of mine put me in touch with a physician at Mercy, Dr. Mohamed Hamdani, who educated me about Mike’s condition and helped me un-
IN MEMORIAM
Paul Hurlbert Former Massachusetts dealer Paul E. Hurlbert, 87, died in June at his home in Greenland, New Hampshire, after a lengthy illness. He was born in Yarmouth, Nova Scotia, Canada on June 15, 1928, the son of the late Ernest E. and Minnie “Dot” (Ellis) Hurlbert. As a child, Paul and his family moved from Canada to Allston. He served in the United States Army during World War II, and later served in the United States Naval Reserve. A longtime prominent business owner in the New England region, Paul began his career in auto sales in 1950 in Massachusetts as a salesman for a Mercury automobile dealership. He later worked in sales for Uniroyal Tire Company based in New York before becoming a partner with Russell Burnett Ford in Somerville. It was in the late 1960s when Paul became an owner after opening Hurlbert Datsun in Reading, Massachusetts. In 1975 he opened Hurlbert Buick Opel in Lexington, and, in 1977, combined the two businesses into one location in Woburn. Shortly after, he opened Hurlbert Toyota Dodge in Kingston. In the early 1980s, Paul sold the Woburn location and, in 1984, he opened Hurlbert Datsun (which later became Hurlbert Nissan) on Epping Road in Exeter, New Hampshire. In 1985, he started Tri-Sun Nissan Pontiac Cadillac in Sanford, Maine, and took ownership of “The Surf of Magnolia.” In the late 1980s Paul sold the car dealership in Kingston, as well as the restaurant, and in 1990 he also sold Tri-Sun Nissan Pontiac Cadillac. After acquiring a Toyota dealership in Exeter in 1994, he moved both Hurlbert Nissan and Hurlbert Toyota to Stratham, New Hampshire. He sold the Nissan dealership in 1998 and since then had been dealing exclusively with Toyota. In 2007, he moved the business to its current location, Hurlbert Toyota in Epping, New Hampshire. He is survived by his wife of 64 years, June L. (Homer) Hurlbert of Greenland, N.H.; 3 sons, Robert Ernest Hurlbert of Paris, France, Jeffrey Paul Hurlbert and his wife Judith of Newfields, N.H., and Roy Alan Hurlbert and his wife April of Kensington, N.H.; 7 grandchildren; 4 great-grandchildren; his sister Ruth Meuller of Lyman, Maine; and several nieces and nephews. In addition to his parents, he was predeceased by his brother, Arthur W. Hurlbert, and 2 sisters, Ellenor Greenleaf and Elsie Spurr.
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NEWS from Around the Horn derstand that Mike wasn’t alone, and neither was I.” A cancer survivor himself, Dr. Hamdani serves as Chair of the Capital Campaign for the $15 million expansion of the Sister Caritas Cancer Center. In addition to increasing treatment space, the project design will allow for enhanced communication among oncology providers, improve access to existing cancer center services, and provide a more private setting for patients during treatment. “The Sister Caritas Cancer Center takes great pride in serving as a place of hope and healing for those who seek cancer care. The generous support we have received from Jeb Balise, Mike Balise and Balise Motor Sales is a testament to the vital role the Cancer Center plays in the in the local community,” said Daniel P. Moen, President and Chief Executive Officer, Sisters of Providence Health System. Balise added, “What excites us most about this project is that people right here in our community will have access to extremely high quality care, including clinical trial drugs, without having to travel. We can’t think of anything more gratifying than making lives better for families in times when it matters most.” HYANNIS
BMW of Cape Cod’s Nicholas Laham Graces Automotive News’ 40 Under 40 This year, the Automotive News “40 Under 40” Retail List honored up-and-coming talent who are diligent in their effort to provide and improve transparency at dealerships, and BMW of Cape Cod’s Nicholas Laham is a prominent example. Serving as general manager at just 26, Laham has facilitated and installed a no-haggle pricing philosophy that advanced BMW of Cape Cod to the bestselling BMW dealership in its regional market last year. Laham began his young career in 2011 by managing a Toyota dealership in Middletown, Rhode Island, that had recently been purchased by his family’s Premier Companies auto group. By implementing the Premier Pure Price philosophy at Premier Toyota of Newport, Laham was able to dramatically increase the dealership’s customer-service scores, earning Toyota President’s Awards in 2011 and 2012. The dedicated general manager worked similar magic after taking the reins at the Premier Companies’ newly acquired BMW store in 2012, driving a steady and marked improvement in BMW of Cape Cod’s sales and customer-service scores. “By allowing the market to determine a set price for all of our vehicles, we eliminate the most stressful part of the sales experience for our customers, and we’re able to dedicate our time to serving their needs instead of engaging in a lengthy negotiation process,” explained Laham. “Our customers deserve a simple, transparent look at what their ideal vehicle will cost, and that’s what they receive at BMW of Cape Cod and every other Premier Companies dealership.” The third annual Automotive News “40 Under 40” Retail List JULY 2015
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was determined after several hundred candidates were nominated by their bosses and colleagues. Editors at the popular auto publication reviewed submitted information about the nominees’ careers and then followed up with references to acquire further details. Creating “astounding” results, the 40 winners stood out by blending the lessons of the past with modern techniques that are advancing the automotive-retail field as a whole. NATICK
Chrysler Celebrates 90th Anniversary with LimitedEdition Models To mark the 90 years since Walter P. Chrysler created the Chrysler auto brand in 1925, limited-edition models of the 2016 Chrysler 200, 300, and Town & Country will arrive at dealerships in the third quarter of 2015. Each 90th Anniversary Package will include some of the vehicles’ most popular options as standard features, reflecting Chrysler’s long-held commitment to quality and craftsmanship at an excellent value. The 2016 Chrysler 200 Limited sedan will enhance its already robust standard-feature list by offering a 90th Anniversary Package that adds an 8.4-inch touchscreen with Uconnect Access and SiriusXM Radio, a power sunroof and all features from the Convenience Group. Meanwhile, Chrysler Anniversary logos will be displayed as exclusive style touches on the front floor mats and the touchscreen during startup. “Ninety years later, Chrysler has never been more focused on producing some of the highest-quality vehicles on the market, and the upcoming anniversary models align with the brand’s mantra of providing more for less,” said Richard Gill, owner of BrighamGill Chrysler Jeep Dodge Ram in Natick. “Whether they’re looking for a Chrysler 200, 300, or Town & Country, buyers of the 90th Anniversary Packages will spend less money on an impeccably designed vehicle that is loaded with advanced features.” Building upon the Chrysler 300 Limited sedan, the 2016 Chrysler 300 90th Anniversary Edition will come with many of the same upgrades as the limited-edition Chrysler 200, including a sunroof, Uconnect Access, SiriusXM Radio, and anniversary logos on the floor mats and 8.4-inch touchscreen. On top of that, the model will receive additional technology features like 3-D GPS navigation, SiriusXM Traffic, SiriusXM Travel Link, Bluetooth connectivity, and a HomeLink universal transceiver. While the 2016 Chrysler Town & Country 90th Anniversary Edition will also sport a power sunroof and anniversary logos on its floor mats, the minivan’s unique package will be set apart by heated first- and second-row seats, a heated steering wheel, a Keyless Enter ‘n Go system, bright door handles, and an anniversary logo on the radio splash screen. Those upgrades will be in addition to the features included in the Town & Country Touring-L trim. t
NADA Update
By Don Sudbay
NADA Refocuses on Core Services Don Sudbay, President of Sudbay Automotive Group, represents MSADA members on the NADA Board of Directors. He welcomes your
questions
and
concerns
(donsudbayjr@sudbay.com). Please take the time to read NADA Chairman Bill Fox’s comments regarding our decision to sell the NADA Guidebook business and to team up with Empower to offer our dealer members a better and more economical avenue for employee retirement plans. While both of these NADA businesses have been with us for a long time, they really were not part of our core mission, which is to advance and promote the new car dealer franchise system and advocate for dealers concerning legislative and regulatory issues and manufacturer relations. Education of our dealer members and their employees is also one of our core missions. I am convinced that these moves will help to make NADA a much better advocate for all of us in the years ahead.
A Special Note from NADA Chairman Bill Fox: “The National Automobile Dealers Association was founded in 1917 with a singular mission: To protect the interests of new-car dealerships and advocate for an industry that would become an economic backbone of the nation. “For nearly a century, NADA has been fulfilling that goal and, in the process, pioneered some of the most valuable services in the industry for its growing membership, right under its roof. These services include the NADA Used Car Guide, which has been part of NADA’s heritage for more than 80 years, and NADART, founded in 1957. “We never imagined we would part with either one, and we would not have unless we firmly believed doing so would benefit our dealer members and advance NADA’s core mission. “This was the case when J.D. Power made an unsolicited offer to purchase the Used Car Guide business. With a difficult decision at hand but unanimous consensus, the NADA board of directors, the Guide board of advisors, and NADA’s finance and executive committees all agreed that the best course of action was to sell the Guide to J.D. Power, a trusted industry ally. “This decision, which was not reached easily or without careful consideration, will benefit all parties involved, especially our dealer members and the Guide’s current and
future customers. The Guide business will continue to grow and become an even stronger industry resource under J.D. Power. As part of its agreement with NADA, J.D. Power will continue to provide NADA members with a complimentary Guide subscription as a membership benefit. “In a move unrelated to Guide, after conducting an indepth review of various retirement plan providers, NADA made a decision to enter into a relationship with Empower Retirement, a division of Great-West Life and Annuity Insurance Company, to offer retirement plans to NADA members. Empower Retirement is the second-largest retirement plan provider in the United States with nearly 7 million participants. The new NADA Retirement Program from Empower will go live in October of 2015, as the long-standing NADART program is retired. “NADA Retirement Program participants can expect to see many enhanced benefits, including a nearly 50-percent
“Today’s government-imposed order will hamstring the ability of thousands of consumers to negotiate lower interest rates with their local auto dealership. This enforcement action artificially constrains the right of consumers to benefit from interest rate reductions of up to 1% of the APR on their next auto loan.” –NADA Chairman Bill Fox
reduction in program fees, a state-of-the-art website designed to make it easier for participants to track their progress in saving for retirement, and fiduciary support services at a level higher than those offered by other retirement service providers, which is a service already familiar to NADART plan sponsors. NADART has been working closely with Empower to ensure a streamlined transition process for plans transferring to Empower. “While it’s difficult to see these long-time services, built over NADA’s history, leave the NADA family, we look to the future with optimism and renewed vigor. And, as always, we will continue to guard the interests of the franchised dealers we are privileged to serve, while remaining steadfast to NADA’s mission that began nearly 100 years ago.
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NADA Update “Most importantly, these moves will allow NADA to become more mission-focused, centering on core member services, which include protecting and strengthening the dealer franchise system, advocating on behalf of new-car dealers with Congress, the regulatory agencies in Washington, manufacturers, the media and the public, providing education and training resources for dealers and their employees, and providing dealers with better tools to enhance profitability.”
NADA Increases New-Vehicle Sales Forecast to 17. 2 Million in 2015 NADA announced recently an increase in its sales forecast for new light vehicles from 16.94 to 17.17 million. “Purchases and leases of new cars and light trucks will continue as a stronger overall economy continues to drive demand,” said NADA Chief Economist Steven Szakaly during NADA’s quarterly economic briefing recently. “While we’ve had a slower than normal recovery from this recession, we are seeing the sixth consecutive year of new light vehicle sales growth.” For 2016, NADA has forecasted sales of 17.62 new cars and light trucks.
Dealer Associations: CFPB/Honda Consent Order Severely Reduces Consumers’ Ability to Negotiate Lower Auto Loan Rates Leaders of the NADA, the National Association of Minority Automobile Dealers (NAMAD), and the American International Automobile Dealers Association (AIADA) issued the following statements in response to a July 14 consent order entered into by the government and American Honda Finance Corp.: NADA Chairman Bill Fox: “Today’s government-imposed order will hamstring the ability of thousands of consumers to negotiate lower interest rates with their local auto dealership. This enforcement action artificially constrains the right of consumers to benefit from interest rate reductions of up to 1% of the APR on their next auto loan.” NAMAD President Damon Lester: “Every person deserves to be treated honestly and fairly when purchasing and financing their next car or truck - no exceptions and no excuses. Today’s restriction of consumer rights is entirely unnecessary because a better alternative exists - the Fair Credit Compliance Policy & Program recommended by our associations. That alternative, which is modeled on prior Department of Justice consent orders, fully addresses fair credit concerns without displacing the ability of consumers to obtain discounted rates.” AIADA Chairman Brad Hoffman: “There’s no getting around the fact that this enforcement action is going to reduce the savings consumers depend on when financing a new vehicle. Everyone in our industry is mystified as to JULY 2015
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By Don Sudbay why the government continues to overlook its own common-sense approach in favor of the anti-consumer methods forced on Honda Finance.”
Las Vegas to Host NADA Convention Every Other Year NADA’s board of directors announced that the NADA and ATD Convention and Expo will be held in Las Vegas every two years instead of once every four years, but recognizes the shift in dates may pose scheduling conflicts during the transition years. “Las Vegas is an extremely popular destination for the top-tier conventions and trade shows, and these events are booked many years in advance,” said NADA President Peter Welch. “In order for NADA to move the convention to Las Vegas every other year, we had to change the dates from our traditional January-February timing for the 2016, 2018, and 2022 shows so that we could secure our desired timeframe in the long term.” For starters, the 2016 NADA and ATD conventions will be held in Las Vegas from Thursday, March 31, though Sunday, April 3. For planning purposes, here are the upcoming NADA and ATD convention dates: 2016 Las Vegas: March 31 - April 3 2017 New Orleans: January 26-29 (NADA’s 100th Anniversary Celebration) 2018 Las Vegas: March 22-25 2019 San Francisco: January 24-27 2020 Las Vegas: February 14-17 2021 New Orleans: January 21-24 2022 Las Vegas: March 10-13 Attendee registration and housing for the “Automotive Industry Event of the Year” will open in early October with an early-bird discount of $100. For more information, visit nadaconvention.org.
CFPB Rejects FOIA Request for Memo on ‘Limiting Dealer Discretion’ The CFPB has rejected a Freedom of Information Act (FOIA) request by the NADA to release a memorandum that shows the agency seeking to exercise jurisdiction over auto dealers, which is prohibited under the Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). According to a June 30, 2015, article in American Banker, three senior CFPB officials sent CFPB Director Richard Cordray a memo outlining how a proposed settlement with American Honda Finance Corp. would further the agency’s “goal” of “significant[ly] limiting dealer discretion.” “The significant limitation of dealer discretion, which in turn reduces fair lending risk, is one of the goals we have been seeking with respect to the indirect auto matters, and
NADA Update this settlement proposal attains that goal,” Jeffrey S. Morrow, Jane M.E. Peterson, and Rebecca J.K. Gelfond wrote in a June 16, 2015, memo to Cordray about the proposed Honda settlement, according to American Banker. The statement undercuts the numerous claims made by Cordray and other CFPB officials that the agency is not targeting auto dealers through enforcement actions. The leak of the memo prompted NADA to request its release under FOIA. Yet, in a reply to NADA Chief Regulatory Counsel Paul Metrey, the agency’s FOIA manager said that the leaked memo was “privileged” and, therefore, protected from public scrutiny. NADA President Peter Welch sharply criticized the CFPB’s response. “The CFPB appears to be way outside the swim lane Congress authorized it to swim in and an increasing number of Democrats and Republicans are justifiably concerned about
MSADA Peter Welch, president of NADA. “But the CFPB’s policy of eliminating the ability of a consumer to get a discounted auto loan will restrict access to credit and hurt all consumers.” “Congressmen Guinta and Perlmutter have shown great bipartisan leadership to repeal the CFPB’s flawed guidance on indirect auto financing and protect the right of consumers to find the best credit possible when purchasing their vehicles,” added Welch. “Consumers have the right to find the best loan possible when purchasing a vehicle, the right to negotiate and the right to seek a better deal - and Washington shouldn’t try to deny that right,” Welch added. Rather than create new regulations, NADA, the National Association of Minority Auto Dealers and the American International Automobile Dealers Association have issued a compliance program for dealers that would address fair credit risks in the automotive marketplace. The program, which is based on an existing U.S. Department of Justice model, is superior to the CFPB’s approach, as it addresses
“While we’ve had a slower than normal recovery from this recession, we are seeing the sixth consecutive year of new light vehicle sales growth.” –NADA Chief Economist Steven Szakal
the agency’s secrecy and its actions.” Welch said. “The CFPB’s response only suggests that they have even more to hide than first thought.” “Ultimately, both the Reforming CFPB Indirect Auto Financing Guidance Act and NADA’s FOIA request are about ensuring government transparency and accountability on behalf of consumers, who simply can’t afford to be denied millions of dollars in potential savings without having a say in the matter,” Welch added.
House Committee Passes Bipartisan Bill to Repeal CFPB’s Flawed Guidance on Auto Lending As we go to press, the U.S. House Financial Services Committee passed H.R. 1737, a bipartisan bill to repeal the Consumer Financial Protection Bureau’s (CFPB) flawed 2013 guidance designed to pressure lending institutions into eliminating auto financing discounts for car buyers. The bill, introduced by Reps. Frank Guinta (R-New Hamshire) and Ed Perlmutter (D-Colorado) and passed in committee by a vote of 47 to 10, which included 13 Democrats. It currently has 126 co-sponsors in the full House, which includes 70 Republicans and 56 Democrats. “Discrimination in any form cannot be tolerated, and newcar dealers fully support the nation’s fair lending laws and the commitment of federal agencies to ensure fairness,” said
fair credit risk without decreasing competition and harming consumers. A study by Charles River Associates, commissioned by the American Financial Services Association, found that the CFPB’s proxy methodology to determine alleged unintentional discrimination overestimates the African-American population by 41 percent. The CFPB’s own “white paper” on this subject also revealed errors as high as 20 percent in estimating an individual’s ethnicity. H.R. 1737 would produce a more informed process by requiring the CFPB to study the consumer impact of its policy to eliminate consumer discounts in dealer showrooms, mandating public input and transparency, as well as ensuring the bureau works in consultation with other government agencies that Congress vested with regulatory authority. The CFPB’s guidance is urging auto lenders to move away from discountable compensation for auto dealers who arrange credit for their customers, and instead compensate dealers with non-negotiable payments like flat fees. If adopted by lenders, the policy would mean that consumers would no longer be able to negotiate a lower rate on credit with their dealer for their purchase. For millions of consumers, this would reduce access to lower interest rates on their auto loans. For more information, visit www.nada.org/cfpb. t
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NADA Market Beat
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Produced by Steven Szakaly, NADA Chief Economist Overall sales are set to outpace our initial forecast of 16.94 million for 2015—in particular, May and June have run ahead of our expectations. Demand has been driven higher by the steadily improving economy, along with strong light-trucks sales (especially crossovers and pickups). There is little to indicate a slowdown as we head into the second half of 2015. Such robust sales have trans-
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lated into higher transaction prices, which increased to just over $33,200 for the first six months of the year. We expect stronger economic performance, including some increase in wages, to drive second-half sales. Given the underlying strength, we are revising our forecast up to 17.17 million for 2015 with a very broad positive outlook for the U.S. economy.
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Insurance
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Advantages of Assessing Your Risks for Slips, Trips, and Falls
By Steven Megee Steven Megee is the regional sales manager at the Framingham Regional Office for Zurich North America Commercial’s Programs & Direct Markets’ business unit. He Can be reached at steve.megee@zurichna.com.
Slips, trips, and falls account for one of the greatest workers’ compensation and general liability exposures. Two of the most common causes for slips and falls are slippery or uneven walking surfaces. It is important to take the time to evaluate every area of your facility and find where these risks could arise, specifically high-traffic areas. This assessment guide can help you evaluate and analyze these areas to establish an action plan.
Best practices for high-traffic areas: 1. Stairs should be in good condition, of equal height, and well lit. Stairs with three or more steps should be equipped with a handrail. 2. Curbs should be highlighted to warn of the height change. 3. Exterior lighting should be checked to make sure it is adequate and frequently inspected for malfunctioning fixtures. 4. Lot surfaces should be in good condition, free of holes, and other obstructions. 5. A self-inspection program to identify hazards and assure repairs are made promptly should be implemented and documented. 6. Downspouts that empty onto walkways should be redirected to avoid slip hazards. 7. Floor spills should never be left unattended and should be cleaned immediately with a posted “Caution – Wet Floor” sign. 8. An oil absorbing material should be available for oil spills. 9. All entrances should have mats or rugs to keep floors clean and dry.
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10. Entrances, aisles, and hallways should be free of obstructions.
General considerations: • Are handrails and guardrails secured and constructed to safety standards? • Are slip retardant floors present? • What type of footwear is typically worn around the facility? • Do entrance mats adequately cover the entryway into the facility? Are they in good condition? • Are ladders and step stools regularly inspected?
Sidewalks and parking lots: • Are sidewalks free of holes, broken, or cracked? • Are exterior surfaces illuminated with good lighting? • Are unsafe conditions reported immediately?
Employees: • Are employees reminded often to pay attention to where they are walking (i.e., slippery floors, clutter, lose or worn carpeting)? • Do employees report unsafe conditions when observed? • Are employees instructed on proper use of floor cleaners and safe mopping techniques? • Do employees pick up paper/debris and wipe up spills from floors? • Are employees instructed on how to carefully ascend and descend from ladders?
Good housekeeping: • Are hallways and stairs clutter free and cleaned regularly? • Are wet floor signs regularly posted properly? • Are mop heads frequently changed and cleaned on a regular basis?
Restrooms: • Is adequate lighting available? • Is adequate drainage available?
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• Are leaky toilets and water fixtures promptly repaired? • Are restrooms regularly inspected?
Action Plan Developing an action plan is critical for reducing risks for slips, trips, and falls. Not only will you need to make changes to areas with potential for risks, but you will also need to put administrative policies in place to make sure everyone knows the proper procedures. Each issue is unique and requires careful consideration of what level of control is desirable, what resources are available, and what is technically feasible. Because of these differences, action plans to control each different exposure in a particular area of your facility will also be unique. You will probably find that in most cases more than one change is needed to affect a longterm solution to the problem. Here are some suggestions for possible controls to get you started:
Physical changes • Repair deficiencies in floor surfaces and railings • Replace slick floor material with surfaces having a higher coefficient of friction • Use floor dressings that reduce slipperiness • Install grab bars and rails where appropriate • Avoid furnishings that might slip when leaned upon • Apply slip-resistant coatings in showers, baths, and bathroom floors • Use color contrasts to make steps or other lwwevel changes more visible • Make sure all floor surfaces are adequately lit at night
Administrative changes • Ensure supervisors and staff are aware of their responsibilities for fall prevention • Identify and flag guests who are at high risk for a fall so the staff is aware of this t
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TRUCK CORNER American Truck Dealers Move the Industry Forward
By Eric K. Jorgensen
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