Marshall Jespersen Honored as TIME Magazine Dealer of the Year, p. 3 NH Supreme Court Upholds 2013 Amendment The Workers’ Compensation Trust DealerAuditors Bill Are of Coming,Rights, p.p. 8 3 ReiningAll-In-One In the Technician Consumer Inspection Financial Protection Bureau by License Rep. Frank Certifications Guinta, Sessions, p.5 p. 11 Three Ways to Kick-Start Your Wellness Plan, p.9 Dateline: NH a publication of the Automobile Dealers Association

NHAEF Donates $15,000 to 2015-2016 NHADA OFFICERS Chairman Court Appointed Special Advocates Bill Gurney Vice Chairman Marcia “Marty” Sink, president Larry Foss and founder of Court Appointed Treasurer Special Advocates of NH (CASA), Ken Plante Secretary received a donation from the NH Roger Groux Automobile Dealers Association’s President education foundation for $15,000 Peter J. McNamara last week in Bow. The donation 2015-2016 NHADA DIRECTORS Chris Weiss, Immediate Past Chairman was half of the $30,000 raised Jake Aleksa, Independent Used Car last October at the third annual Marc Bourgeois, Franchised/Independent, At-Large Miles Cook, Franchised, At-Large Charity Night Preview, harbinger Chelsey Gaudet, Franchised of the 2015 NH Auto Show. The NHADA’s non-profit affiliate NH Automotive Don Goulet, Independent/Repair/Service, At-Large David Hammer, Franchised, At-Large Education Foundation (NHAEF) was beneficiary of the remaining funds. Marty Paul Holloway, Honorary thanked the association for including CASA in this event for the third year. In Mike Kopp, Franchised/Independent John “Jack” McDevitt Jr., Heavy Duty Trucks addition to the funds, which will be put to good use advocating for NH’s children Doug Miles, Franchised, At-Large in the court system, Marty said exposure of CASA’s mission and its needs during the George Mullin, Motorcycles event were equally important. See more pictures of the 2015 Charity Night Preview at

NADA DIRECTOR http://on.fb.me/1SiGZFA. Pictured left to right: Mark Tulley of Tulley Automotive Dennis Gaudet Group and NHAEF president, Marty Sink of CASA and Peter McNamara, NHAEF

* * * executive director and NHADA president. photo by Nat Stout

This publication is designed to provide accurate and authoritative information in regard to the subject matters covered. In publishing this newsletter, neither the authors nor the publisher are engaged in rendering Inside This Issue legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services Benefits of a competent professional should be sought. Welcome to NHADA’s New Insurance Blog...... 5 Advertisements appearing in Three Ways to Kick-Start Your Personal Wellness Plan...... 9 Dateline: NH do not indicate a specific endorsement by NHADA Events of the products or services unless NHADA the NHADA endorsement symbol ENDORSED NHADA Business Education Conference & Partner Expo...... 8 appears with the advertisement. Feature Published monthly except in July in Bow, New Hampshire, by the New Hampshire Automobile Dealers Reining In the Consumer Financial Protection Bureau...... 5 Association. Mailing address: P. O. Box 2337, Concord, Legal NH 03302-2337, 603-224-2369/800-852-3372. NH Supreme Court Upholds 2013 Amendment to RSA 357-C...... 3 STAFF Legislature Publisher Bill Gurney Editorial Director Peter J. McNamara The State House Floodgates Are Open...... 16 Managing Editor Nathaniel Stout Loss Prevention Design and Layout Advertising Coordinator Lisa Lavoie Traincaster’s Online Training is a Hit...... 6 Photographer Michael Rosenblum Learning the New OSHA Reporting Standards...... 14 Workers’ Compensation ADVERTISING RATES The Initial Reporting Process Sets the Tone...... 11 Back Page: Color $1,000 NHADA WCT Shatters Record for Fewest Claims in its History...... 12 Full Page: Color $700 B&W $575 1/2 Page: Color $450 B&W $375 Claims Frequency Down, Severity Continues to Rise...... 13 1/3 Page: Color $375 B&W $300 1/6 Page: Color $300 B&W $250 Monthly Statistics...... 18

www.nhada.com COVER: The NH Supreme Court building on a recent wintry afternoon — see NHADA President Pete McNamara’s article about the Court’s recent decision on John Deere’s challenge to the Dealer Bill of Rights on the next page. Cover design and photo by Chandler Ives page 2 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

NH Supreme Court Upholds 2013 Amendment to RSA 357-C, the NH Dealer Bill of Rights Peter McNamara, NHADA President arbitrary or irrational. The court quickly rejected s you may have read in local media, New that argument namely because such equipment AHampshire’s highest court has rejected an does not involve a fundamental right nor a suspect attempt by national equipment manufacturers, led class. The remaining issue is called the “dormant by John Deere, from overturning the state’s popular commerce clause.” As this argument was not really “Dealer Bill of Rights” (DBR) law after a nearly two- discussed at the lower court level, the Supreme year legal fight. The law, which passed in 2013 with Court has asked that the lower court examine overwhelming support from the NH General Court Peter McNamara it more closely. This argument is not likely to and Governor Maggie Hassan, has been upheld by the justices succeed as “dormant commerce clause” challenges have been of the NH Supreme Court. rejected by many other appellate courts when manufacturers The court’s rejection of the out-of-state manufacturer’s have challenged other states’ DBR laws. Throughout the attempts to quash competition and squeeze dealers out of opinion, the court made clear its deference to the NH business is a win for consumers and small businesses. John General Court’s legislative power. Deere’s constant strategy of intimidation failed There are a number of matters yet to be to sway the courts just like it failed in the The court’s rejection of the determined as of this writing. The primary NH House and Senate, which almost out-of-state manufacturer’s matter is the question of whether the unanimously endorsed adding equip- attempts to quash competition and DBR amendments related to equip- ment dealers to the long-standing the ment dealers are now actually in effect. squeeze dealers out of business is DBR law. Specifically, the court rejected Equipment manufacturers are attempt- a win for consumers and small the challenges based on the following US ing to continue the “stay”, or hold, on the businesses. and NH contracts clause and equal protection law through various court motions. These clause. should be rejected since two courts have now rejected Regarding the contracts clause, the court held that even their arguments. Deere is also claiming they will appeal the though the DBR amendments retroactively affected existing matter to the US Supreme Court. contracts, it was questionable whether the DBR amendments As new developments arise in this legal matter, NHADA will “substantially impaired” the contracts. More importantly, be sure to update its membership. even if there was “substantial impairment”, the legislature We sent news to you of the NH Supreme Court decision had a “significant and legitimate public purpose… to protect initially by email in a member alert on Tuesday, December equipment dealers and consumers from perceived abusive 29, 2016. See the announcement at bit.ly/1Kr1EzN. View and oppressive acts by manufacturers.” The court then cited NHADA’s press release on the news at bit.ly/1Kr1OHn. numerous other appellate court opinions, which upheld similar laws for similar pur- poses. Finally, the court concluded that “The provisions of RSA chapter 357-C, as applied to equipment manufacturers G through SB 126, reasonably accomplish the legislature’s goal….” O Roger Th errien The equal protection clause argument was based on the notion that placing L “NH nancial products and services” equipment like smaller tractors, riding For more information, please call Roger Th errien mowers, lawn motors and other sim- at 800-936-7730 ilar lawn and garden equipment into D the definition of “motor vehicle” was NHADA Association Partner

February 2016 page 3 Dateline: NH a publication of the New Hampshire Automobile Dealers Association Breakthrough breakouts. Panel discussions on hot topics Interactive peer-to-peer sharing sessions Demonstrations with solutions providers Traditional workshops led by industry experts

page 4 February 2016 #NADA2016 | nadaconvention.org Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Breakthrough breakouts. Reining In the Consumer Financial Protection Bureau

Representative Frank Guinta (R-NH District 1) called “disparate impact,” and concealed Panel discussions on hot topics ether they meet with me at the inconvenient facts, which undermine its Wcapital in Washington, D.C., or argument, from public view. Interactive peer-to-peer sharing sessions at a Granite State roundtable, members Lacking solid evidence to regulate of the New Hampshire Auto Dealers the auto loan market, the CFPB turned Association usually have one thing on to back-room political pressure. The Demonstrations with solutions providers their minds: the Consumer Financial committee report suggests the CFPB Protection Bureau (CFPB). may have coordinated with the Federal Currently, auto dealers can negotiate Deposit Insurance Co. to pressure Ally Traditional workshops led by industry experts lower rates and fees with lending Financial, which at the time sought FDIC companies, in order to offer customers the approval for a business model change, to best possible deals. A competitive market agree to an $80 billion settlement with benefits most buyers. However, the CFPB the CFPB as a precondition. claims that dealers’ flexibility to offer low Because the agency relies on faulty financing rates disproportionately harms data, rather than actual plaintiffs, to minorities. pressure lenders, in two years of litigation Sen. Elizabeth Warren’s comments in the CFPB has not paid not a cent to its support earned her four Pinocchios, its hypothetical victims, instead keeping the lowest rating on The Washington Post’s lion’s share of settlement money to itself. truth meter. Representative Frank Guinta (R-NH Dist. 1) The agency’s true purpose, according Even so, the agency issued a notice of to CFPB officials whom the committee liability to auto dealers. The Wall Street reconsider its findings. quotes at length, is a “nondiscretionary Journal estimates that the CFPB’s efforts The African-American member of the form of dealer compensation.” to restrict competition will raise the price House Financial Services Committee, In other words, bureaucrats would like of the average car loan by $586. That may on which I also serve, understands the to set a high, flat loan rate for everyone. not seem like much to a federal agency agency’s potential impact on car buyers And apparently, the CFPB is willing to with a half-billion dollar budget, but to and dealers of every race and ethnicity. circumvent due process to obtain the a middle-class family of four, the figure In November, our bill, H.R. 1737, dubious goal. amounts to about a month’s worth of passed the House by a super-majority H.R. 1737 calls on the CFPB to groceries. of Republicans and Democrats, voting retract its findings and start over, taking Federal interference could drive prices 332-96 in favor, despite a presidential into consideration up-to-date census even higher, preventing millions of veto threat. data, applying verifiable analysis, and Americans from purchasing affordable, Just days after the large, bipartisan factoring in the economic impact of reliable transportation. Small businesses, vote, the Financial Services Committee new regulations, while doing so with full including minority and women-owned, released a report describing the many transparency and public input. would likely lose customers, and in turn, reasons, legal as well as economic, why Bipartisan members of Congress, employees. legislation to rein in the CFPB is so representing diverse districts, have joined That’s one reason Rep. David Scott, necessary. to protect our constituents’ access to my colleague in the U.S. House of The report explains that the agency’s competitive financing, as well as small Representatives and a Georgia Democrat, findings of auto lenders’ liability is based businesses and jobs in our communities. joined me to introduce the Reforming on shaky legal ground. The report reveals To expand access to consumer credit and CFPB Indirect Auto Financing Act of that the CFPB relied on faulty data and grow the economy, we will continue to 2015, which would force the CFPB to scientific analysis to prove the theory, hold the CFPB to account.

February 2016 page 5 #NADA2016 | nadaconvention.org Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Lakes Region Community Center Shows Off New Automotive Lab Lakes Region Community College (LRCC) in Laconia recently proudly showcased their new, state-of-the-art automotive lab, which features 16 vehicle bays and, soon, all the latest equipment. LRCC has long been host of the nationally recognized GM Automotive Service Education Program (ASEP). On the near horizon, it also appears that LRCC will host the Toyota T-Ten program. That Toyota will be remaining in NH is credit to the hard work by the dealers, LRCC, NHADA members and in particular, George Dykstra, NHADA’s AYES coordinator.

Traincaster’s Online Training is a Hit Call Today! Set up is Easy Ryan Hale, Loss Prevention Consultant online training portal to the membership, portal, with well over ell, it has been about two months and it has been a hit. Roughly a dozen 50 of their employees Wsince the Loss Prevention NHADA Workers’ Compensation Trust taking at least one Department rolled out TrainCaster’s (WCT) members have used the online course, and many more are scheduled. We are pleased with how smooth Ryan Hale S the roll out has gone with only a few I “bugs” that needed to be worked out. “Auto dealer CPAs and Moving forward we feel very confident L consultants” Bart Haag Cheri Walker users will find the courses are simple to use and without issues. V The online training portal offers a For more information, please call Bart Haag or Cheri Walker at E 207-772-1981 or email them at [email protected], variety of trainings for all employees, not or [email protected]. just technicians. There are courses for R new hires, which cover all of the required NHADA Association Partner Traincaster – continued on page 8 page 6 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

iPhone panoramic photo by Nat Stout Lakes Region Community Center Shows Off New Automotive Lab Among the attendees were factory reps and dealers from GM and Toyota, repair shop owners, NHADA staff and prior students. LRCC President Scott Kalicki told the group that with a “huge, huge demand for auto technicians across the board, the new building allows for more industry training.” Dealers and the manufacturer reps were equally excited about the growth at LRCC. The college offers a two-year associate degree in Auto Technology and GM credits toward certification in all areas through their ASEP. LRCC also offers a general auto tech program, and this new facility will provide even more options for training tomorrow’s workforce.

February 2016 page 7 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

NHADA Business Education Conference & Partner Expo May 16, 2016, Radisson Hotel Manchester Jean Conlon, Programs Administrator lan to attend the 2016 NHADA Business Education Conference & Partner Expo. PWe are putting together business education sessions to meet the needs of NHADA owners and managers. A recent member survey showed the need for management and leadership training, and this event will address some of the most requested issues, including conflict management and team building. We will also include social media and compliance topics. The vendor expo will give members a chance to learn what NHADA’s partners offer. All breaks will take place in the vendor area. There will be lots to eat, and prizes to win! At the end of the day, NHADA Workers’ Compensation Trust (WCT) rebate checks will be distributed to those member-company dealer principals who have pre- registered, and attended, the event. Watch for partner and member registration materials that will include a complete lineup of education sessions. If you have any questions, please contact Jean Conlon at [email protected] or 800‑852‑3372. Scenes from our last business expo: (top) Bill Gurney of Gurney’s Automotive Repair, Inc. and NHADA Board of Directors chairman visits with Mark Farmer (l) and Keith Sampson (r) of NHADA-Endorsed Competitive Energy Services; (lower left) Gerry McGavick of WBIN-TV with George Psihigios of AutoFair Group (lower right) BRONZE NHADA members visit association partners at our last expo in November, 2014. Photos by Michael Rosenblum Traincaster – continued from page 6 trainings an employee must go through only available to WCT members free of when hired. Additionally, we have added charge, this training portal is available to some training videos and PowerPoint all NHADA members. However, there is a presentations that the Loss Prevention small cost, even for trust members — $10 Department conducts onsite. Keep in per course, per person — and you will mind though that these trainings do be billed at the end of the month for the not — and should not — replace onsite total number of courses taken. “Automobile dealership presentations. As we move forward, we plan to add broker and specialist” If you and your company have yet additional courses to the portal such to set up an online training account, as forklift certification, and videos for please contact a member of the Loss bloodborne pathogens and lockout/ Prevention Department. Set up is easy tagout, to name a few. Also, we are able and only takes a couple minutes. Even to customize a member’s account and add if you are a smaller employer that hires trainings that they currently use in-house. only one or two employees a year, this This online training is a significant value Nancy Phillips online training portal can be of value. The to the membership. So don’t delay, call For more information, please call Loss Prevention Department is willing to today and get set up. Contact a member Nancy Phillips at 603-658-0004 or set up your account and add your new of the Loss Prevention Department at email her at [email protected]. employee(s) as well as assign them the 800‑852‑3372 to schedule a visit and necessary courses. start reaping the benefits of our online NHADA Association Partner Unlike the onsite trainings, which are training. page 8 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Three Ways to Kick-Start Your Personal Wellness Plan

Laurie Churchill, Field Representative reimbursable. Choose a class sponsored through your t pays to join a fitness center if you are a member local hospital, UNH Cooperative Extension statewide, Iin one of NHADA’s pooled Anthem BCBS health along with other vendors. For example, the Center insurance plans, or for that matter, to join a health or for Health Promotion through Concord Hospital is smoking cessation program. a vendor. You can choose from categories, which include classes for weight management, nutrition Fitness Centers education, stress management, physical activity, Laurie Churchill You or your family could receive up to $200 childbirth education, parenting education, and reimbursed per calendar year for membership dues smoking cessation. To confirm if a class is an approved paid to a fitness center. This means whether you have a single, class, contact the vendor. If the vendor is part of the approved two person or family membership, you will be reimbursed up to Personal Wellness – continued on page 15 $200. You just need to exercise regularly. What you’ll do is to choose a fitness center — Planet Fitness, Gold’s Gym or the YMCA as examples. Exercise at it’s not just business, your fitness center 48 times within the calendar year (more is always better). it’s personal Each time you exercise, you can log it onto a “Log Card” or you can get a copy of a computer printout. You’ll pay your dues. Keep the receipts or submit copies of your bank statements with the withdrawals circled. Complete a reimbursement form signed both by you When it’s time to sell your dealership and a fitness center employee, then mail or acquire a new one, you need a it in. It’s that simple. market-wise representative with a Community Health Programs record of results and a reputation for Another way to keep healthy and excellence who will take your personal productive is to take advantage of goals to heart and guide you safely the community health education through the entire process. reimbursement program through Anthem BCBS. Costs can be reimbursed for wellness classes, exercise programs, support groups and event offerings to enhance your life and health at all stages and ages. This works in a similar fashion to the fitness reimbursement program. A list of facilities that have been approved and have a “participating vendor ID #” is available; bit.ly/1SA06eq find it at . But buyer DEALERSHIP SALES | ACQUISITIONS | EVALUATIONS beware: make sure your vendor is still 603-658-0004 | WWW.NANCYPHILLIPS.COM | [email protected] participating, and that the program is

February 2016 page 9 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

page 10 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

The Initial Reporting Process Sets the Tone

Peter Sheffer, Workers’ Compensation Trust Director can be chaotic; peo- from the employee. They have received he beginning of a workers’ compen- ple may panic and a bill or a collection notice, which they Tsation claim sets the tone for the rest rush into treatment think should have been paid by the WCT. of the life of that claim. without stopping to We cannot pay bills we do not receive, The vast majority of claims are re- make a telephone and the medical provider cannot bill us ported promptly: the NHADA Workers’ call to the NHADA’s if they do not know we are the workers’ Compensation Trust (WCT) nurse case nurse case manager Peter Sheffer compensation carrier. manager is consulted; the injured worker to obtain advice The easiest way to avoid these seeks treatment within the managed care about appropriate treatment within the complications is to make sure that all network; the provider knows who to bill; managed care network. employees and supervisors know what the injured worker returns to light duty Some people believe the best and to do in the event of an injury. A call to work, progresses to full duty and fully fastest treatment is provided by the local the nurse case manager immediately after recovers; bills are paid; and the case is closed. emergency room, but for most injuries, the injury occurs and before the injured However, when things go wrong in the nothing could be further from reality. employee seeks medical attention will beginning, the claim can be derailed, re- Emergency rooms are for life threatening ensure that the employee receives the best sulting in unhappy employees, collection injuries, most anything else can be treated and most appropriate treatment within agencies and, sometimes, attorneys. by an occupational health specialist, such the managed care network of providers. The minutes after an injury occurs as NHADA bronze-level partner Bedford The nurse case manager will direct the Occupational and Acute Care/Express employee to provide the correct billing Med in Salem or Manchester or an information and the WCT staff can follow urgent care center like NHADA bronze- up with the designated provider if we do BRONZE level partner Convenient MD located not receive billing. in Bedford, Concord, Dover, Keene, • Work injuries are handled more Merrimack, Nashua, and Windham, and efficiently with better outcomes when coming soon to Portsmouth. the NHADA nurse case manager is F The call to the NHADA nurse case called at the time of the injury to manager will assist with the appropriate discuss in network referrals to the choice of a managed care network most appropriate provider. provider. The nurse case manager will • Costs are kept down if the emergency “Automotive lubricants, obtain information from the employee room is avoided when it is not neces- chemicals, parts to help her make the most appropriate sary for the care of the injury. and accessories, suggestions for treatment. This is the first • Return-to-work light-duty is more shop equipment” opportunity for problems to arise because streamlined as the nurse case manager if the injured employee seeks treatment can alert the claims team regarding with an out-of-network physician, they work status at the time of the contact For more information, may be responsible for the bill. She also call. please call will remind the employee to tell the • The investigation of the claim begins 800-426-7754 provider that they should bill the WCT. prior to the paperwork arriving or visit This is the next problem area. If the at NHADA when the nurse case www.ghberlinwindward.com. injured employee forgets to mention that manager has the opportunity to alert the injury occurred at work or forgets to the claims team of the injury and the mention that NHADA should be billed, need for immediate intervention. the bill ultimately will go to the injured • Potential safety hazards may be NHADA Association Partner employee. This is when we get angry calls Setting the Tone – continued on page 12

February 2016 page 11 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

NHADA WCT Shatters Record for Fewest Claims in its History

Brian Duplessis, Loss Prevention Coordinator which has continued for the last ten years. This reduction in workplace injuries has been necessary for the WCT The year 2015 concluded with mild winter weather, which to remain competitive in an enivronment of rising was beneficial to the final claims files figures for NHADA’s medical costs. Workers’ Compensation Trust (WCT). For the year, the WCT ended with a record low number of both total Moving forward, WCT members must remain vigilant with (680), and loss-time (98) claims! loss prevention and claims management efforts to keep 1600 These figures represent a trend toward fewer injuries, Brian Duplessis injury totals low and premium rebates strong.

1400 1600 Claims History*

1200 1400 Claims History*

1000 1200

800 1000

600 800

400 600

200 400

0 200

0

Lost Time Claims Total Number Claims * The Workers’ Compensation Trust was founded in 1982 and was administeredLost by a Time third Claims party untilTotal 1987. Number Claims

The NHADA WCT Claims Department will provide each member with their annual summary by the end of January. Once this summary is received it needs to be reviewed for accuracy and signed by the owner prior to being posted.

Setting the Tone – continued from page 11 exposed during the initial call to the nurse case manager; occurs and before the injured worker seeks medical the Loss Prevention team can be alerted and can promptly attention. take action to prevent other injuries from occurring. If you have any questions about the initial claims process, • Whenever possible, please call Nurse Case Manager please contact Peter Sheffer or Marta Silakka at 800‑853‑3372 or Marta Silakka at 800‑852‑3372 as soon as an injury respectively at [email protected] or [email protected].

page 12 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Claims Frequency Down, Medical Costs Continue to Rise

Peter Sheffer, Workers’ Compensation Trust and reduced injuries involving lost time on ice were the lea­ding cost driver for the he frequency of workers’ compen- from work, one would assume overall year followed by injuries associated with Tsation claims here at NHADA and claims costs would decline as well. Yet material handling. nationally continues to decline. the severity of claims — that is, the cost Although the frequency of claims This very positive trend is in large of workers’ compensation claims — continues to decline, it is premature for part due to employers’ attention to safety continues to rise nationally and here at the any of us to celebrate, for severe and costly and their commitment to helping their NHADA Workers’ Compensation Trust injuries continue to occur. These injuries injured employees get back to work as (WCT). The trend, that of an increasing impact employees’ lives; they affect mem- soon as the treating physicians release severity of workers’ compensation claims, bers’ ability to conduct business as well them to do so. is largely due to medical costs. According as members’ premium rebates. Members Physicians are also playing an import- to the National Council of Compensation must continue to be ever vigilant when ant role in assisting employees back to of Insurance, the average medical cost of preparing and clearing lots of the results work in a safe manner; they have been lost-time claims increased 226.7 percent of winter weather. educated over the years by national and from 1994 to 2013. Claims involving sur- After a claim does occur, WCT mem- worldwide studies demonstrating that the geries particularly drive up claims costs. bers must follow the guidelines estab- prompt return to work of an employee Snow and ice continue to impact lished by the claims department and, reduces long-term disability, promotes claims, particularly costly claims. most importantly, focus on assisting the healing and speeds their return to pre- Although, the end of 2015 was very injured employee back to work as quickly injury functionality. mild, the first quarter of 2015 was not, as the treating physician releases them With reduced frequency of injuries, and injuries associated with slips and falls to do so. WCT members have done a great job in 2015 Total Incurred Costs by Cause of Loss reducing the frequency $1,000,000 $984,357 of claims, we now need $900,000 to focus on what is causing the serious $800,000 injuries to occur and $685,378 $700,000 reduce the frequency of those severe injuries. $600,000 $565,417 Finally, once seri- $500,000 $485,067 ous injuries do occur, $400,000 members and the claims department $300,000 $299,379 $267,492 must work together to $200,000 $225,299 manage those claims to $100,000 reduce their financial $127,161 impact. $104,532 $103,620 $0 Please contact me $48,452 $28,137 at psheffer@nhada. com or call me at 800‑852‑3372 to learn more about controlling workers’ compensation claims costs.

February 2016 page 13 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Learning the New OSHA Reporting Standards

Matt Foster, Loss Prevention Consultant or job transfer, days away information. You will need to ith the most recent changes that from work, or any medical enter the number of days away Wthe Occupational Safety and treatment beyond first-aid. from work and the number Health Administration (OSHA} has Medical treatment is of days on the job transfer or made, the automotive industry now must defined as the management restricted. If there are days record applicable work-related injuries and care of a patient to away from work you do not onto OSHA Form 300 within seven days combat disease or disorder, count the day that the injury of an injury. In addition any work-related not including visits to a occurred. The last section is Matt Foster fatalities need to be reported directly to physician or licensed health where the type of injury or your local OSHA office (800-321-6742) care professional solely for illness is to be determined with within eight hours. observation or counseling, diagnostic the appropriate box being checked off. Any work-related, in-patient hospital- procedures, or first aid. At the end of each year, the Summary izations, all amputations, and all losses As a general rule for recording an of Work-Related Injuries and Illnesses, of an eye need to be reported within 24 injury or illness, if the employee is unable OSHA’s Form 300A, needs to be filled hours. to perform one or more routine functions out and posted in the facility from A recordable injury or illness is of their job or unable to work a full day, at least February 1 to April 30 of the classified by OSHA as a death, loss of the case needs to be recorded. If an injury following year. This form shows the consciousness, restricted work activity requires only first aid treatment, it does total number of recordable injuries not need to be recorded. and illnesses for the entire year for As with any injury, a first report needs each category from Form 300. Once to be produced. OSHA provides their completed this form needs to be posted BRONZE Form 301 for use as a first report, but in an area visible to all employees so does not need to be filled out, as filling that they are all aware of the incidents out and submitting the NH Employer’s that occur in their workplace. The

NHADA First Report of Occupational Injury or NHADA WCT Claims Department ENDORSED Disease (Form 8WC) meets the necessary will provide each member with their record-keeping requirements. annual summary by the end of January. In order to be compliant, the Log Once this summary is received it needs of Work-Related Injuries and Illnesses to be reviewed for accuracy and signed (OSHA’s Form 300) needs to be filled by the owner prior to being posted for out with the specific information of the public viewing. recordable case. In the section where Unless directly requested by OSHA, you describe the event location, be no forms need to be submitted, but specific. rather the Form 300 log and annual Michael O’Rouke and Steve Schlesinger An area for a detailed explanation summary shall be kept on file for five of what happened follows, allowing for years following the year that the data “Extinguisher, sprinkler, specifics of the injury or illness. Be sure covers. If an injury or illness needs alarm, suppression systems, to include the ensuing treatment and how to be edited or changed, you should and HVAC cleaning” it was resolved. go back to the 300 log and make the For more information, please contact The next sections are dedicated to appropriate changes. Dick Baynes at 293-7531 or email the classification of each case, where For more information, feel free to richard@getfi reprotection.com. it will be determined if the result was contact me at [email protected] or a death, days away from work, job any other member of the Loss Prevention NHADA Association Partner transfer, or other some other recordable Department at 800-852-3372. page 14 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Personal Wellness – continued from page 9 classification of programs, and the cost is $300 or less, the class variety of tools and resources for creating a program that is right is covered. for you. When you enroll in any of the approved Anthem BCBS What you’ll do is sign up, pay for the class, and then you smoking cessation programs, your class fees will be reimbursed will complete a community health education reimbursement through the community health education reimbursement form, which you can find online atbit.ly/1SA0dGS . It must program, which you can find atbit.ly/1SA0qtP . be signed by you and the vendor; include the receipt and mail The nicotine patch, gum, inhaler, lozenge or nasal spray it to Anthem BCBS. You may attend as many pre-approved almost doubles your chances of quitting because they gradually programs as desired, with the exception of physical activity and wean you off nicotine. With non-nicotine pills like Zyban or certain stress management classes (i.e. beginning Yoga and Thai Chantix, they work by increasing a chemical in your body that Chi), which are limited to one per lifetime. So many classes to gives you a sensation similar to that produced by nicotine. They choose from, so little time! are available by prescription only. You can be reimbursed up to $100 per year for the nicotine Quit Smoking patch, gum, inhaler, lozenge, nasal spray, Zy ban or Chantix. You probably know somebody who decided to quit smoking Simply save original receipts for your nicotine replacement and did it just like that — without any help or nicotine items and submit them with a completed quit-smoking replacement aids. For most people though, quitting smoking reimbursement form. not only requires desire and motivation, it takes preparation. By participating in any of these three programs, you have People who rush into quitting are more likely to resume an opportunity to be reimbursed for positive lifestyle changes. smoking, which often results in more false starts and Call us in the insurance division at 800-852-3372 if you have frustration. questions or need information. Also, I can be reached by email Of course, everyone is different, which is why you have a at [email protected]. 䘀䰀伀伀刀倀䰀䄀一

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February 2016 page 15 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

The State House Floodgates Are Open – Bill Hearings and More Bill Hearings Daniel Bennett, Vice President of Government Affairs safety and OBD II inspections. he NH House of Representatives and to be wrapped up and voted on NHADA is in opposition to TSenate sessions opened on January 6 by June 2, legislators certainly this bill; we mounted a strong with a flood of conversation on some very will be paddling hard. fight at the bill’s first hearing important issues. The pace for NHADA has in the House Transportation Votes had already been taken that tack- also been very hectic lately with Committee on January 12

led the drug crisis, that vote occurring, in over 110 bills on our watch list. Dan Bennett (pictures, next page). We also part, in response to the great work done Many of our important priority remain vigilant on roadway by all participants on the Joint Task Force bills have even had their first public safety issues such as defending the new on Heroin and Opioid Epidemic and, in hearing and possibly will have had a distracted driving law and ensuring the part, to the many bills left over from last committee vote by the time you read this. integrity of motorcycle safety efforts. session. NHADA has been there and will Also on January 12 — a busy day by any The same flood occurred in the continue to advocate for safe roads. Once measure — many of NHADA’s collison committee rooms and hallways of the again, a bill has been filed to modify the repair members came to the Statehouse to Legislative Office Building as in the annual vehicle safety inspection program. support legislation submitted by Senator Statehouse, where the policy committees This recent attempt, sponsored again by Nancy Stiles of Hampton (R-Dist. 24) do their incredibly important and valuable Rep. James Spillane (R-Deerfield, Candia, that impacts their businesses. work. With over 850 bills filed this and Nottingham) tries to exempt the Many other bills deal with energy NHalaeinaleie :: session, and with all work mostly needing first two model years of a vehicle from costs, business taxes, and workforce issues

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page 16 February 2016 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Floodgates – continued from previous page such as wages, health care, and workers’ the legislature’s halls, please be ready to Remember, legislators are your elected compensation insurance. answer the call to action at home. officials... sent to Concord by you to Please let me know if you have When critical issues come up for a vote represent your interests. Their hearing questions on any of them or any other in committee or in the full chamber, we will from you is critical and makes all the issues at the Statehouse. empower you with information. We will ask difference. Stay tuned and be ready to Importantly, as we stay vigilant in you to make contact with your legislator. show your grassroots.

Awaiting the annual inspection hearing House Transportation January 12 are: (left) Dick Horan of Precision Committee hearing January 12 Imports, Inc. a member of the NH Automotive covering the annual inspection Education Board of Directors; Bill Gurney of Senate Transportation program – above: Tom Cavanaugh Gurney’s Automotive Repair, Inc. and NHADA Committee hearing January of AutoServ Dealerships; left, Board of Directors chairman; and Rep. Mary 12 on collision repair rules. Gary Rondeau of Gary Rondeau’s Cooney (D-Plymouth), co-owner of Concord Photo by Dan Bennett Automotive, Inc. Photos by Ryan Hale Motorsport. photo by Nat Stout,

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February 2016 page 17 Dateline: NH a publication of the New Hampshire Automobile Dealers Association

Online Special Safety/OBD II Inspections Statistics 15% Savings Safety Inspection Percent of Percent of Throughout February 2016 Results Dec ’15 Total YTD ’15 Total Vehicle Deal Folders Total * 116,851 100.00% 1,560,489 100.00% Accounts Payable Folders Passed 93,618 80.10% 1,245,940 79.80% nhadastore.com Corrected 12,816 11.00% 170,764 10.90% or call 800-852-3372 Rejected 6,478 5.50% 89,569 5.70% “Buy From Yourself” Untested 3,939 3.40% 54,216 3.50% OBD II Inspection Results (1996 and newer)

2015 Unemployment Rates Total 105,997 100.00% 1,383,032 100.00% by Area Sept Oct Nov Passed 92,571 87.30% 1,201,325 86.90% 4.9% 4.8% 4.8% Rejected 8,697 8.20% 119,805 8.70% New England 4.4% 4.3% 4.4% Untested 4,729 4.50% 61,902 4.50% Connecticut 5.1% 4.8% 4.8% Maine 3.7% 3.5% 3.9% * Total numbers include OBD II Inspections Massachusetts 4.5% 4.5% 4.5% Statistics provided by Gordon-Darby New Hampshire 3.0% 3.0% 3.2% Rhode Island 4.8% 4.7% 4.9% NHADA Mission Statement: Since 1921, fostering a spirit of cooperation by promoting Vermont 3.9% 3.2% 3.5% standards through education and advocacy, providing valuable services, and protecting and advancing the motor vehicle industry as an integral part of New Hampshire’s economy. Title Statistics Report Ending December 2015 New Hampshire Department of Safety, Division of Motor Vehicles

Dec ’15 Dec ’14 ’15 YTD ’14 YTD Titles Issued for New and Demo Vehicles: 14,735 8,367 126,806 120,418 Titles Issued for Used Vehicles: 27,226 16,186 240,344 231,122 TOTAL TITLES ISSUED: 41,961 24,553 367,150 351,540 Titles Issued with a Lien: 20,800 12,348 176,663 168,301 Titles Issued with no Lien: 21,161 12,205 190,487 183,239 Salvage Titles Issued: 1,371 691 12,520 11,331 Salvage Tags Issued: 142 142 1,993 1,940 Titles Issued for Heavy Trucks More than 15 Years Old: 44 35 550 442 Titles Issued for Heavy Trucks 15 Years Old or Less: 150 155 1,571 1,625 Titles Issued for Trailers: 1,062 510 11,593 10,338 Titles Issued for Motorcycles: 727 347 15,222 14,559 Titles Issued for Motor Homes: 80 43 942 836

page 18 February 2016

Thank Dateline: NH You 2016 NHADAa publication of the New Hampshire Partners! Automobile Dealers Association These Partners have answered the call and supported NHADA programs and events. Please consider your partners first when you need professional services for your business. To become a 2016 NHADA Partner please call Jean Conlon at 800-852-3372. Compiled January 22, 2016. Companies endorsed by the NHADA are listed first within each association partner level.

NHAD Services, Inc - Insurance Division* American Financial & Automotive Services NHAD Services, Inc- Products Division* Gordon-Darby NHOST Services, Inc. NHADA Workers’ Compensation Trust* TrueCAR STAPLES Advantage* WMUR-TV/WMUR.com

O’Connor & Drew, P.C. Service Credit Union Tyler, Simms & St. Sauveur, CPAs, P.C.

Anthem Blue Cross Blue Shield Enterprise Rent-A-Car in New Hampshire* Southern Auto Auction Northeast Delta Dental * St. Mary’s Bank Albin, Randall & Bennett TD Bank / TD Auto Finance Devine Millimet

Automotive Equipment Technical Institute (AETI)* GH Berlin/Windward Cross Insurance (bonds only)* G W Marketing Services Tri State Fire Protection LLC* Holmes Law Offices PLLC Alpha Warranty Services Jewett Construction Co. Inc. Amy Martineau, Commercial Insurance Specialists JM&A Group Auto Auction of New England MacPage LLC Auto Use Manheim New England Auto/Mate Dealership Systems MiCorp Dealer Services Automotive Garage Tools Mike’s Equipment Repair Clean Harbors Environmental Services Nancy Phillips Associates, Inc. ConvenientMD Urgent Care NBT Bank Cook, Little, Rosenblatt & Manson, p.l.l.c. Resources Management Group CU Direct (CUDL) Sanel Auto Parts Co. Dealertrack Technologies Shell Lubricants EasyCare New England TR2 Corp/LSI Industries ExpressMED/BOAC and Apple Therapy G&K Services February 2016 page 19 * Endorsed America’s Largest Independent Auction

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