As those familiar with industrial safety issues well know, Federal, state, and provincial laws cited throughout North America traditionally lag behind industry consensus standards. Surprising examples of this can be seen in the automotive industry as it relates to important components such as brake

hoses and safety glass. Closer to home for a service technician or shop owner, we find that within the automotive lift industry the National Safety Standards are technically known as "Voluntary Consensus Standards". In general terms, this implies, at least on the surface, that unless an "authority having jurisdiction" (AHJ) mandates compliance, there are little if any ramifications beyond legal activity that can be linked to knowingly producing or offering a product that fails to conform to the voluntary consensus standard.

[ILLUSTRATION OMITTED]

Consider this lag as it becomes coupled with today's truly global economy, which as most purchasers are now aware from traditional consumer examples, competes more often on price and volume with varying degrees of compromise in quality. The situation, as described, finds seemingly reputable manufacturers who are interested in product safety, stuck in the gap between choosing to comply with the current voluntary national safety standard or building the product to withdrawn standards in order to comply with an out of date regulation. This seemingly tough situation quickly becomes exacerbated by constant concern for the market's sensitivity to non compliant product which, at first glance, looks like a good deal for the consumer. In my experience to date, more times than not these products are introduced by import companies, web based distributors, foreign manufacturing and even some North American based companies--all of whom are either unaware of current standards activities and regulations or they simply don't care because the lift industry has not been on the radar of regulatory and code enforcement officials.

Fortunately, a new day has dawned (so to speak) in the area of automotive lift safety. AHJs are beginning to better understand the importance of their roles and of code enforcement within the automotive service and repair environment. They are embracing the life saving value associated with conducting a detailed site assessment. As noted previously within this article, an AJH by definition is the Authority Having Jurisdiction--in plain terms this is the individual or entity holding the decision making authority. With regard to automotive lift compliance, a national chain typically has a designated corporate AHJ who may be an industrial Hygienist or another form of corporate health and safety officer who sets policy to insure the organization fully complies with federal, state, regional, or, in the case of operations taking place in Canada, provincial lift safety requirements. Although generally speaking, a corporate designated AHJ is "trumped" in authority by those responsible for compliance with Federal, state, regional or provincial lift safety requirements, their role is critical as it sets the corporate tone for the work environment. In matters of automotive lift safety this individual acts as the first line of defense in areas of planned maintenance, inspections, training, and the selection of product that will comply with AHJ and code requirements.

How does the AHJ gain the power to enforce standards?

OSHA -- The National Technology Transfer and Advancement Act (NTTA) of 1995 was signed into law on March 7, 1996, it required that all Federal agencies use standards developed by accredited voluntary consensus standards bodies instead of government-unique standards whenever possible. With regard to automotive lift safety, this act allowed for the withdrawal of the longstanding Federal Specification entitled "OO-L-360, Lift, Motor Vehicle, Covering In-Ground Automotive Lifts". Perhaps, more importantly, it allowed OSHA to look favorably on, and to begin to reference those American National Standards developed in support of automotive lift safety when acting to investigate and issue citations involving automotive lifts. The basis for this action is through the application of OSHA's General Duty Clause [Section 5(a)(1) of the Occupational Safety and Health Act of 1970].

State/Regional -- Since coverage regarding the Occupational Safety and Health act is provided either directly by the Federal Occupational Safety and Health Administration (OSHA) or by an OSHA-approved state job safety and health program, both state enforcement and regional code enforcement lift safety activities that were initially derived from this link to the health and safety act have continued to gain a greater audience with the code enforcement community. This is because of growing state building code adoptions of ANSI automotive lift safety standards and in particular the International Building Code's (IBC) 2003 and 2006 adoption's of "ANSI/ALI ALCTV--The American National Standard for Automotive Lifts--Safety Requirements For Construction, Testing, and Validation".

Canada and Provincial Law -- Both Worksafe BC and The Ontario Ministry of Labour have seen fit to adopt "ANSI/ALI ALCTV--The American National Standard for Automotive Lifts--Safety Requirements For Construction, Testing, and Validation". In a move that is extremely favorable to workplace safety in the automotive service and repair industry, each of these organization took the additional step of mandating compliance with "ANSI/ALI ALOIM--The American National Standard for Automotive Lifts--Safety Requirements For Operation, Inspection, and Maintenance". Both Worksafe BC and The Ontario Ministry of Labour fulfill a role that is similar to U.S. OSHA.

Does all this talk of regulation and product compliance mean anything?

As potentially dry as the last few paragraphs may be to most who find themselves reading this article, these points are key in our understanding of just how much activity, time, and effort has been put forth in consideration of the safety of those working under a vehicle raised on an automotive lift. A recent Bureau of Labor statistic demonstrated that automotive service technicians and mechanics are more likely than the average worker to be injured or killed on the job. The report goes on to state that between 2003 and 2005, 147 mechanics were killed on the job--a staggering 5.3 per 100,000 workers in 2005, compared to 4.0 for all other occupations combined!

Still today, there remains strong evidence of web based importers, distributors, after-market parts suppliers and manufacturers who claim to put your safety first; yet in reality, they prey on unknowing shop owners, purchasing agents, and technicians by offering products brazenly proclaiming compliance with withdrawn standards or, in some cases, boldly demonstrating a business decision which portrays knowledge of,--yet a clear lack of compliance with those safety standards that were developed with the health and safety interests of the end user in mind.

I suspect, the reasons our global economy works to the advantage of so many who manufacture products of questionable quality and safety, can be linked to our buying habits as consumers .... we want it faster and cheaper, we don't think about things that shouldn't be in the mix and we think someone is "watching" or "protecting" us from things such as lead filled toys or contamination in food products. With this mind set we don't think about the possibility of an automotive lift containing low grade steel, welders who are not properly trained, or the idea that a product design may not be sufficient to do the job and actually keep you safe. The good news for those who work under vehicles raised on an automotive lift is that the gap between those voluntary consensus standards and the regulations promulgated by federal, state, and provincial laws is quickly being bridged by your state inspectors and building code officials. As more municipalities become familiar with applicable state building codes, OSHA's General Duty Clause, and the IBC's automotive lift compliance requirements; those in manufacturing and product distribution who remain unwilling to stop cutting corners in the area of end user safety will be held accountable. Until then it is a buyer beware environment and your best bet is to educate yourself and your staff before you make a buying decision.

R.W. (Bob) O'Gorman is the president of the Automotive Lift Institute. More information about automotive lift safety, including a list of frequently asked questions, can be viewed at www.autolift.org.