T H E C A L I F O R N I A M O V I N G & S T O R A G E A S S O C I A T I O N
CMSA Counsel Advises Members to Attend
Warehouse Lien Manual Educational Workshop
CMSA Counsel Mark Hegarty and CMSA also emphasize the importance of using the re-
staff are excited to announce the completion vised Sample Forms templates for letters and
of a new “Guide to Warehouse’s Lien Rights” notices that incorporate substantive changes to
manual. Upcoming workshops have been the law. Finally, at the end of the morning ses-
scheduled to offer warehouse lien training and sion or immediately after lunch, we will have two
support. bonded auctioneers experienced in storage auc-
tions to provide their unique perspective.
Written by: Mark Hegarty, Hegarty Law Offices The afternoon session will focus on special
cases where the depositor’s status or circum-
I am particularly looking forward to being the stance requires the warehouse to deviate from
primary presenter at CMSA’s upcoming Ware- the standard lien enforcement procedure. The-
house Lien Manual Educational Workshops to se cases do not come up too often but when
be held on October 12th in Long Beach and Oc- they do, they can be tricky and expensive for the
tober 19th in Pleasanton. The reason is because warehouse if not handled efficiently. We will dis-
Steve, the CMSA staff, and I worked so hard in cuss how to settle storage accounts of a de-
preparing this substantially revised manual with ceased depositor and will identify the critical pa-
several all-new sections. Valuable supplements perwork that the warehouse needs to review to
have increased the text of the manual from 16 to get paid and release stored goods. We will dis-
32 pages and 4 new Sample Forms for refer- cuss the depositor in bankruptcy and the time-
ence and template-use bring the total to 12. I lines of which the warehouse must be aware.
am confident that the seminars and new manual Also, we will discuss petitioning the court for re-
will provide education and insight for novices lief from the automatic stay and even a strategy
and old-salts alike. As always, our emphasis to appeal directly to the bankruptcy trustee to
will be on protecting your company’s bottom line legally sidestep the automatic stay.
and avoiding liability. Here is a preview of what For seminar audience members that do work
you can expect.
(Educational Workshop cont. on page 4)
The morning session will be our chance to
review the fundamentals and will set up our af-
ternoon session. What warehouse claims are
covered by the lien? Against which persons Ready to register for a
other than the depositor may the lien be assert- Warehouse Lien
ed? Why is it important to differentiate between
commercial goods versus household goods? Of Manual Educational
course, a significant portion of our morning ses- Workshop?
sion will be devoted to reviewing the detailed Go to pages 10 & 11
procedural steps to foreclose a warehouse lien. for registration information.
In other words, how do we get to auction? I will
PUBLISHED MONTHLY BY THE CALIFORNIA MOVING AND STORAGE ASSOCIATION
10900 E. 183rd Street, Suite 300, Cerritos, CA 90703 800-672-1415 562-865-2900 Fax 562-865-2944 www.thecmsa.org
Chairman’s Corner more. The money raised from these events
By: Brian Larson goes to the CMSA Scholarship Fund, the Spe-
cial Olympics and the CMSA PAC fund.
At the end of August, I had The chapter dinners and fund-raisers are
the pleasure of attending the events that I ask all of our mover and associate
CMSA’s Chapter Presidents’ members to attend with frequency this coming
Orientation in both Southern year. If you are a member of the CMSA and
California and northern Califor- rarely go to a chapter dinner or fund-raising
nia. The southern chapter event, please put them on your calendar this
presidents met at the CMSA offices in Cerritos, year to attend. Your local Chapter President and
CA, and the northern Chapter Presidents met in Officers spend a great deal of volunteered time
Sacramento, CA. These orientations are held planning these events, the money raised goes
every year in order to provide a guideline to the to some great causes and you will have a full
Chapter Presidents and Officers on organizing load of fun at the same time!
and running their local CMSA Chapter in the Starting in September, I will be travelling with
coming year. Steve Weitekamp, and we look forward to see-
The fall is fast approaching, and with it ing all of you soon at a chapter dinner or fund-
brings our local chapter dinners and numerous raising event.
fund-raising events. The chapters’ dinners offer
Steve and I a chance to get together with our
mover and associate members over a great
meal while listening to various speakers present For upcoming events,
us with current information relevant to our indi- check out our
vidual companies and the moving and storage Calendar of Events on page 12.
industry. The fund-raising events include golf
tournaments, bocce ball, spaghetti and crab
feeds, horse racing, Monte Carlo and much
By: Steve Weitekamp
As fall 2010 begins we look
back on a summer season
that, thankfully, brought many
members the increase in
business that they haven’t
seen in the last several years.
We look ahead to challenges
and confusion in the regulatory environment,
regarding the pending CARB On-Road Diesel
Truck Regulations. We also are alert to an up-
coming political season with the two major par-
ties as far apart in ideology as they have ever
been. With all that is going on the one thing of
which we can be certain is that there will be
Frequent CARB workshops and delays
seem to be a recurring theme and part of the
regulatory process. I attended a late August
CARB workshop in their El Monte field office.
The workshop was intended to test drive pro-
posed updates to the diesel emissions invento-
ries and reveal their “new” report, “Estimate of
premature deaths associated with fine particle
pollution (PM2.5) in California based on U.S.
EPA’s methods.” Industry representatives and
advocates were displeased to learn that CARB
decided not to conduct a review of their own
previously discredited study, “The Tran Report”
reviewed in previous columns, as promised in
response to outrage regarding unethical behav-
ior of the author. Their new plan is to use data
from an EPA report that covers many diverse
areas of the country. Some believe this data is
not relevant to California’s specific health ef-
fects, environmental impacts, or regulations.
Regardless of one’s political or scientific ideolo-
gy it seems reasonable to expect the use of
California based studies that address California
health effects, especially if our state is going to
step out alone in imposing regulations that will
have economic impacts.
In last month’s column I mentioned that the
CARB Board had delayed their review of the
regulation from September to November. At the
recent workshop noted above, we were in-
formed that the date of review by the board had
been delayed again. The review, and staff
(President’s Comments cont. on page 5)
(Educational Workshop cont. from page 1)
with the military, we will look closely at the
Servicemembers Civil Relief Act (SCRA) of 2003
that replaces the repealed Soldiers and Sailors
Act. Certain sections of the SCRA directly affect
the rights of California warehouseman to fore-
close a warehouse lien. If time permits, we will
recommend warehouse best practices related to
partial payment, access to goods, and record-
keeping. Finally, we will discuss the carrier’s lien
that has been traditionally enforced in a very
similar way to the warehouse lien. However, as
a result of recent significant amendments to the
PU Code, carrier’s lien enforcement law is in flux
and could represent a potential landmine for
household goods carriers unaware of the state of
the law. The carrier’s lien material is not includ-
ed in the manual so be prepared to take notes.
CMSA understands that budgets are tight
and staffs are lean. However, I hope this de-
tailed preview frames the seminar and the manu-
al for what they are – a very important invest-
ment in your business. I am looking forward to
meeting all of you in October.
(President’s Comments cont. from page 3) level and with AMSA at the national level to the
benefit of consumers.
proposed modifications, is now scheduled for We see value in a nationally marketed pro-
the December board meeting. We were also gram that can enhance the image of profession-
informed that an additional round of workshops al movers in the perception of the moving pub-
is planned for September/October. The upcom- lic. AMSA’s interstate program addresses the
ing workshops are planned to focus on revised need for industry agreed and reviewed stand-
staff regulatory proposals and will be an im- ards and accountability. From its inception
portant opportunity to voice concerns and is- CMSA has believed that in order for a national
sues with the regulation and staff’s modification. branding of the professional mover to be effec-
CMSA will keep members informed about the tive it should to be endorsed by the state asso-
dates and locations of this next round of work- ciations as well. We have shared our thoughts
shops. and they have been well received. At our recent
Also in August, members of CMSA’s Execu- Convention in Lake Tahoe AMSA President Lin-
tive Board and staff met, in CMSA’s Cerritos da Darr met with CMSA’s Executive Committee
offices, with AMSA President Linda Darr and and an agreement was reached to further ex-
Vice President of Compliance Dave Hauenstein plore the concept of a proposed pilot program
to discuss a possible State based ProMover for California.
program. The goal of a program would be to aid The photo on the back page of this issue
consumers by providing an identifiable measure identifies the participants in the most recent
of quality while, at the same time, enhancing meeting at CMSA’s offices in August. All are
the moving industry by encouraging and recog- hopeful that a program that benefits CMSA
nizing high professional achievement. Identify members and enhances the image of California
quality professional moving companies and pro- -based professional movers will be available in
mote uniform criteria with the CMSA at the state the near future.
Mark Doyle Joins the National Van Lines Family
Maureen Beal, CEO Mark is determined to focus on new agent re-
National Van Lines is cruitment and play an active part in the growth
pleased to announce the and development of existing agents. “I’m looking
appointment of Mark to rebuild the infrastructure of the department by
Doyle to the position of developing a dynamic and consistent approach
Vice President, Sales & to recruitment, while at the same time serving as
Agency Development. a working liaison promoting sales growth and
No stranger to National providing a responsive agent-oriented develop-
Van Lines, Mark was first ment staff,” states Mark.
hired in 1986 and was A 10-year Certified Moving Consultant, Mark
promoted to this same is committed to quality, demonstrated by his ser-
position in 1994, leaving vice on the Board of Directors for the Chicago
in 1997 to open his own successful agency. and Northern Illinois Better Business Bureau.
According to Maureen, “We had been look- Mark adds, “The BBB promotes and endorses
ing for a Vice President of Sales and Agency self-regulation and ethical business practices,
who would come to us with excellent experi- and the culture and strategic vision of National
ence, a good work ethic and an understanding Van Lines is a great example of that discipline.”
of our culture. Most importantly, we were looking Mark and his wife Erin have two daughters,
for someone with a great attitude. We feel we Brittany (15) and Melanie (8). The Doyles reside
have found that person in Mark Doyle.” in Naperville and enjoy bike riding, tennis, swim-
Mark returns to National with a purpose. With ming and family golf outings.
the knowledge of what it takes to succeed as an
agent, combined with his corporate experience,
AMSA Pushes DOD to Solve DP3 Issues;
No Open Season This Year
As expected, there was more demand this DPS system and it is re-examining its policy re-
year for moves during the busy weeks of the garding “paper companies” versus asset-based
summer than capacity in the moving and stor- participants.
age industry. This imbalance, however, hit the AMSA brought up other problems this sum-
military sector especially hard in the past few mer including technical issues with the DPS
months as a result of DOD's transition to a new computer system and lack of understanding of
computer system in May, and a belief among the new program rules. Military Transportation
drivers and agents that the rates filed by many Offices (TOs) indicated that some movers were
carriers in the DP3 program were too low. not performing pre-move surveys, and movers
AMSA pushed SDDC to convene a working complained that TOs were not approving acces-
group to discuss lessons learned and make sorial charges on time or at all. Storage-in-
changes prior to next summer's peak season to transit (SIT) was a particular area of concern
ensure these problems are minimized in 2011. due to delays in DOD approving SIT when nec-
AMSA President and CEO Linda Darr and essary. AMSA urged SDDC to reconsider
VP for Military/Government Affairs Scott Michael whether it needed to apply peak-season strate-
recently met with representatives from the Mili- gies, particularly with regard to SIT
tary Surface Deployment and Distribution Com- SDDC plans to report back in the next few
mand (SDDC), the Joint Program Management weeks with its plans for changes to implement
Office (JPMO) responsible for developing the prior to peak season 2011, along with longer-
DPS computer system, and the military services, term plans, and AMSA will continue to push for
to review the lessons learned from this year’s SDDC to reexamine its presumptions and imple-
peak season and identify solutions. ment industry recommendations. More infor-
In an unrelated development, SDDC an- mation will be provided at several conferences
nounced last week it will not have an open sea- this fall, culminating with the Nov. 4 Personal
son for new entrants this year. The command Property Forum in St. Louis.
felt its resources were better used “fixing” the
CARB Critic Enstrom Appeals Firing
Under Whistleblower Protection
A California professor who has questioned pleted.”
CARB’s diesel emissions research will keep his Enstrom made headlines in recent years af-
job – at least until the appeals process runs its ter he questioned claims made by CARB re-
course. garding diesel particulate matter and public
Dr. James Enstrom, who has worked at health. Enstrom’s research on diesel emissions
UCLA for 36 years – the last 34 as associate showed no causal link between diesel soot and
research professor – was told his position end- early death for Californians.
ed as of Monday, Aug. 30, resulting from secret He also said he may have made enemies
vote of faculty members in his department earli- when he questioned the Scientific Review Panel
er in the month. of Toxic Air Contaminates for not complying with
After being told he wouldn’t be employed af- state-required three-year term limits.
ter Aug. 30, Enstrom filed an appeal under One such panel member was Dr. John
UCLA’s Whistle Blower Protection Policies. Froines, who was recently kicked off the panel
Enstrom said Tuesday he received word that his after serving 26 years. Froines, who earned no-
employment would be extended until March 31,
or “until the grievance process has been com- (CARB Critic continued on page 7)
(CARB Critic continued from page 6) top researcher for the Truck and Bus Rule, Hien
Tran, had faked his resume and lied repeatedly
during political riots in the late ’60s as one of to his superiors at the air quality agency.
the “Chicago Seven,” now teaches at the UCLA Tran, Enstrom said, ordered his doctoral de-
School of Public Health. gree online for $1,000.
In interviews with Land Line in August, En- Tran claimed that he had a doctorate
strom said he likely irked top officials at CARB degree in statistics from the University of Cali-
between 2008 and 2009, fornia at Davis, but that was
when he questioned science later found to be untrue.
used to justify the implemen- Nichols told some board
tation of CARB’s Truck and members about the lie. Other
Bus rule, also known as the board members who were
Retrofit Rule. The rule re- kept in the dark for nearly an
quires trucking fleets to install entire year, were outraged.
diesel particulate filters and Some board members called
upgrade their truck engines for a review of the science
beginning in 2012, though behind the Truck and Bus
several amendments to the Rule.
rule are scheduled to be pre- Tran is still employed at
sented this fall. CARB.
The rule is estimated to
cost trucking companies be-
tween $6 and $10 billion.
In December 2009, a scandal emerged Source: Land Line Magazine,
when it was revealed that CARB Chairman www.landlinemag.com
Mary Nichols told some, but not all, CARB
board members that the agency had learned its
FMCSA Fines Moving Van Lines, Inc. $281,000
for Violating Multiple Federal Regulations
WASHINGTON - The U.S. Department of tensive investigation of consumer complaints
Transportation's Federal Motor Carrier Safety against the moving company. FMCSA issued a
Administration today announced $281,000 in final order on August 16, 2010, and found the
fines against Moving Van Lines, Inc. of Tampa, company in violation of 28 counts of failing to
Florida for violating multiple federal regulations relinquish possession of a household goods
including holding consumers' property hostage shipment (hostage load), and 1 count of collect-
and requiring moving fees in excess of the origi- ing fees more than the original binding estimate.
nal binding contractual agreement. FMCSA encourages consumers to file any
"Consumers should not have to fear the loss complaints involving household goods or other
of their property at the hands of fraudulent commercial motor carriers through FMCSA's
household goods movers," said Transportation nationwide complaint hotline at 1-888-368-7238
Secretary Ray LaHood. "Companies that violate (1-888 DOT-SAFT) and to visit the National
federal regulations and take advantage of con- Consumer Complaints Database at
sumers will be held accountable and they will http://nccdb.fmcsa.dot.gov.
face serious legal and financial consequences." The agency also encourages consumers
"Ensuring that consumers can access safe, planning an interstate move to visit the federal
reputable household goods movers is a priority," government's "Protect Your Move" website at
said FMCSA Administrator Anne S. Ferro. "We http://www.protectyourmove.gov, which provides
will continue to use every resource at our dis- information on shippers' rights and responsibili-
posal to expose unscrupulous movers and pro- ties and information on how to research USDOT
tect consumers." registered household goods carriers.
FMCSA issued these citations and fines
against Moving Van Lines, Inc. following an ex- Source: FMCSA website, www.fmcsa.dot.gov
WAREHOUSE LIEN MANUAL
Mark Hegarty of Hegarty Law Offices, CMSA’s longtime Legal
Counsel, has many years of experience handling moving industry
legal issues with the PUC, corporate entities and private parties.
At the workshop, he will be addressing the following topics:
Revisions and Entirely New Sections of the Warehouse
Which Forms to Use & When to Use Them
Strategies to Stay on Schedule
Mark Hegarty Real World Examples
Hegarty Law Offices
CMSA President Stephen Weitekamp will be
sharing his insights in executing Warehouse Lien
rights. He will also review with members what they
should be aware of when setting up an auction and
how to avoid costly mistakes.
INCLUDING SPECIAL PRESENTATIONS BY:
John Cardoza of Storage Auction Experts &
Thomas Hayward of Thomas Hayward Auctioneers
TWO SEMINAR DATES
October 12, 2010 October 19, 2010
10 am - 2:30 pm 10 am - 2:30 pm
Holiday Inn - Long Beach Airport Hotel Four Points by Sheraton Pleasanton
2640 N. Lakewood Boulevard 5115 Hopyard Road
Long Beach, CA 90815 Pleasanton, CA 94588
(Special room rates available. (Special room rates available.
See registration form for details.) See registration form for details.)
CMSA Members: $150.00
Prices include 2010 Warehouse Lien Manual (Member’s Price: $95) & Lunch
The CALIFORNIA MOVING & STORAGE ASSOCIATION
WAREHOUSE LIEN MANUAL WORKSHOP
Tuesday, October 12, 2010 Tuesday, October 19, 2010
10:00 am – 2:30 pm 10:00 am – 2:30 pm
The Holiday Inn at Long Beach Airport The Four Points Hotel in Pleasanton
2640 N. Lakewood Blvd 5115 Hopyard Road
Long Beach, CA 90815 Pleasanton, CA 94588
Special Seminar Room Rate Available Special Seminar Room Rate Available
For $109.00 per night For $99.00 per night
Call (562) 597 4401 and mention Call (925) 460 8800 and mention
“CMSA Catering Rate” the California Moving & Storage Association
Price includes Lunch & 2010 Warehouse Lien Manual (Member’s Price $95):
CMSA MEMBERS: $150.00 ~ NON MEMBERS: $300.00
Revisions and Entirely New Sections of the Warehouse Lien Manual
Which Forms to Use & When to Use Them
Strategies to Stay on Schedule
Real World Examples
CMSA Legal Counsel Mark Hegarty, Hegarty Law Offices
CMSA President Steve Weitekamp
Company Name _____________________________________________ CMSA Member [ ]
Address _____________________________________________ Non member [ ]
Name on Card _____________________________________________ Check Enclosed $ ________
Credit Card # ____________________________________ Exp Date ____________ Amt $ ________
Visa [ ] MC [ ] Discover Card [ ]
Card billing address_____________________________________________ Zip Code _____
Three digit code on back of card _______________ Email Address ________________________
Phone _______________________________ Fax ______________________________
Attendee Name City Attending Date
CALENDAR OF EVENTS
Sept. 14th, Tuesday Mid Valley Chapter Oct. 19th, Tuesday Warehouse Lien
Meeting Manual Workshop
Sept. 15th, Wednesday San Diego Chapter
Meeting Oct. 19th, Tuesday Northern Region
Sept. 15th, Wednesday Central Valley
Chapter Meeting Oct. 20th, Wednesday North Bay Chapter
Sept. 16th, Thursday Central Coast
Chapter Meeting Oct. 21st, Thursday Sacramento
Sept. 21st, Tuesday Twin Counties
Chapter Meeting Oct. 26th, Tuesday Los Angeles
Sept. 21st, Tuesday Los Angeles
Chapter Meeting Nov. 9th, Tuesday Twin Counties
Oct. 1st, Friday Monterey Bay Chapter Meeting
Golf/Bocce Nov. 10th, Wednesday San Diego Chapter
Oct. 12th, Tuesday Warehouse Lien
Manual Workshop Nov. 11th, Thursday Orange County/
(Long Beach) Beach Cities
Oct. 13th, Wednesday Ventura/S. Barbara
Chapter Meeting Dec.11th, Saturday No. Region Crab
How Important is a Drug and Alcohol Policy
to Your Business?
Whether drug and alcohol testing is a man- Substance Abuse and Alcohol Misuse Policy im-
dated requirement for your business through plemented prior to physically initiating any drug
various federal, state, or local agencies or labor and/or alcohol testing. In addition, any company
contracts, or you’re concerned with the overall with employees must have a Designated Em-
safety and well-being of your employees, it’s a ployer Representative (DER) that has completed
subject that we all should seriously consider. the requirements pertaining to “training of super-
At American Alliance Drug Testing (AADT), visors” §382.603.
one of the largest national drug and alcohol test- Drugs, whether illegal or prescribed, are
ing businesses, we have firsthand knowledge of tightly controlled because of their effects on hu-
the importance of implementing a Drug and Al- man behavior and health. It is an established
cohol Policy. We receive calls on a daily basis fact that enacting a drug-free workplace pro-
from CHP and DOT inspectors inquiring whether gram within your company can ensure employ-
or not we provide a sample company policy for ees are aware of the dangers of substance
our clients. abuse and alcohol misuse, and can help to mini-
The U.S. Department of Transportation mize on-the-job accidents, absenteeism, tardi-
(DOT) Federal Motor Carrier Safety Administra- ness, and even employment turnover. Business-
tion (FMCSA) Code of the Federal Regulations, es that have an established drug-free workplace
Title 49 Code of Regulations (CFR) Part 382 program typically experience an increase in staff
Subpart F, §382.601 requires an applicable em- morale, motivation and productivity, which in
ployer (those who operate vehicles in excess of turn leads to increased customer satisfaction.
26,000 lbs. GVW) to establish a policy on the Every employer knows having employees is
misuse of alcohol and use of controlled sub- a very costly yet necessary element of their
Each company is responsible for having a (Drug and Alcohol Policy cont. on page 14)
(Drug and Alcohol Policy cont. from page 13) discount on premiums or a percentage of their
fees returned due to a reduction in filed claims.
business. There are wages, employer taxes, Currently, there are no federal laws prohibit-
benefits, insurance, and the time and effort in- ing employers from pre-employment drug test-
vested into product knowledge and training ing their employees. However, there are several
unique to each person’s position. When these states, cities and counties that restrict or ques-
operating costs are factored in along with the tion an employer’s ability to “randomly” drug test
additional burden of accidents or incidents asso- employees who are not in “safety-sensitive” po-
ciated with legal expenses, insurance, unem- sitions. Some federal and state laws have cer-
ployment or disability claims, theft, destruction, tain restrictions on how the specimen may be
or damage to the company’s assets (vehicles, collected from the donor. Therefore, it is ex-
machinery or equipment), the potential savings tremely important that employers familiarize
become very evident. Then, there is the issue of themselves with the various federal and state
the potential loss of your industrious efforts laws that may apply to their organization, and
spent building your business and one cata- consider seeking the advice of legal counsel or
strophic accident claim that could jeopardize a labor relations specialist prior to implementing
your business’ fu- a drug-free workplace program.
ture. Drug-free workplace programs vary based
Additionally, on each organization’s specific needs. Whether
many insurance it is a simplified version that defines the basic
products including zero-tolerance with immediate termination, or a
workers’ compensa- detailed version defining the company’s philoso-
tion programs offer phies and rehabilitation expectations, a written
savings through in- drug-free workplace policy is the foundation of a
centive programs, drug-free workplace program.
some in the form of a (Drug and Alcohol Policy cont. on page 15)
(Drug and Alcohol Policy cont. from page 14) for setting your program up for failure.
Determine Who Will Be Tested
Develop A Drug-Free Policy Evaluate when, how and for whom drug and/
Typically, a drug-free policy should provide or alcohol testing will be conducted (i.e., job ap-
written guidelines that prohibit employees from plicants, all employees, employees in job involv-
the possession, use, sale, or manufacture of ille- ing safety or security, employees in a superviso-
gal drugs and intoxicants while on company ry position, etc.). Another consideration is
property, during work hours or while on compa- whether testing will be periodic and announced,
ny-related functions. Define what or random and unannounced. If
is considered company property an employee has been involved
(i.e., desks, lockers, tool boxes, in an accident, will post-accident
company vehicles, employee ve- testing be required? If so, under
hicles on company property, or what circumstances? Will testing
job sights). A provision regarding be a requirement for employees
fitness for duty should also be that have been on an extended
included, stating that employees leave of absence?
are expected to be in suitable
mental and physical condition Train Supervisors/DERs
and able to perform their assigned job duties Training for managers and supervisors is
satisfactorily at all times. The policy should em- critical in identifying and preventing substance
phatically communicate the company’s position abuse cases. Supervisory training should
on illegal drugs, substance abuse and alcohol address the physical, behavioral, speech and
misuse and what employees can expect if the performance indicators of probable alcohol mis-
policy is violated. The policy must be carefully use and the use of controlled substances, prop-
communicated with adequate notice to all em- er documentation of questionable behavior, and
ployees. Deviation from the policy is a sure bet
(Drug and Alcohol Policy cont. on page 16)
(Drug and Alcohol Policy cont. from page 15) supervisors and
how to constructively confront the employee. ing the dangers of
Managers and supervisors must be familiar with illegal drug use
the disciplinary consequences of violating the and alcohol mis-
company’s drug-free policy, and be consistent use by outside
with the enforcement of those consequences. consultants or
Educate Employees professionals.
Education plays a key factor in the success If it is deter-
of a drug-free program. Formal education pro- mined that em-
grams will help your employees to better under- ployees are using drugs and/or alcohol, compa-
stand the dangers of drug abuse and alcohol nies need to determine whether they will allow
misuse in the workplace. The benefits are wide- time or even establish a program for the rehabil-
ranging and include the enhancement of a safe itation of the employee. Otherwise, if the compa-
and productive working environment. A drug ny’s policy is termination, this has to be clearly
and alcohol education program provides em- spelled out in the policy. Also, if suspicion is a
ployees with a workplace program that clearly factor (whether it is post-accident or reasonable
communicates the consequences that may be cause), suspension pending an investigation of
imposed on employees for being under the influ- the issue may be an appropriate recourse.
ence or possessing drugs and/or alcohol on the
job. Determine If Company Assistance
Employers also need to explain that there Will Be Provided
are many help programs available through drug Experienced employees can be a valuable
and/or alcohol counseling, rehabilitation, and asset to a business and costly to replace. Em-
assistance for those in need. Sometimes em- ployee assistance programs (EAPs) are a
ployers even provide company-wide training to
(Drug and Alcohol Policy cont. on page 17)
(Drug and Alcohol Policy cont. from page 16) is one of the most extensive resources for assis-
tance in implementing a drug-free workplace pro-
cost-effective means of addressing poor work gram. The Working Partners program guidance
performance that may stem from employees’ and information is available to the public at no
personal problems, including substance abuse. cost. There’s a tremendous amount of infor-
Through an EAP, an employee is offered individ- mation there to help you build a tailored, drug-
ual counseling with a private therapist or sub- free workplace written policy, and it all can be
stance abuse professional (SAP) to get to the easily found by clicking on the Drug Free Work-
root of the problem and to suggest a rehabilita- place Advisor link on the right hand side of the
tion program tailored to the employee’s individual main screen.
needs. Rehabilitation programs vary and can Although establishing a drug-free workplace
range from self-help group counseling to in- or program may appear to create an additional-cost
out-patient addiction treatment centers. After- burden for your business; once you factor in all
care treatment with follow-up testing, in some the many benefits identified in this article, in the
cases, is mandatory or optional in others, but long run, a drug-free workplace program can
can be monitored by the individual employer or a prove to be a measurable cost savings and ben-
substance abuse counseling service. efit for your business. Who doesn’t need that to-
Many times, employers procrastinate imple- Source: American Alliance Drug Testing (AADT)
menting a drug-free workplace program due to
the misconception that it is too costly to develop
a written policy, or they have perceived it to be
almost an overwhelming company change and
don’t know “how to even start.”
The U.S. Department of Labor’s Working
Partners website (www.dol.gov/workingpartners)
Employers’ Frequently Asked Questions
Regarding I-9 Forms
The following are frequently asked questions now been six months and we have no docu-
and answers regarding I-9 forms: ment.
Q: How long do we have to complete the A: Assuming that the employee is a new hire,
I-9 Form? there is no grace period under the 2009 regula-
tions to produce an original document. All origi-
A: Recently, the U.S. Citizenship and Immigra- nal documents must be presented at the time
tion Services (USCIS) stated in an E-Verify that the I-9 is certified. Under the old regula-
training program that employers have three tions, a new hire had 90 days if the employee
days after the date of hire to complete the I-9 could produce a receipt that showed that they
Form. While this appears to be inconsistent with had gone down and applied for a document.
all prior information on the time to complete the I Now, there is no grace period if the new hire
-9-within three business days of hire, the USCIS fails to produce a document within three days of
has confirmed that if an employer is in an E- hire.
Verify program, they have one additional day to If the employee was originally hired with a
complete both E-Verify and Section 2 of the work authorization document and that document
form. Employers that are not in an E-Verify pro- has expired, there is no grace period either un-
gram should stick with the requirement to com- der the current or prior regulations. The employ-
plete the form within three business days of hire. ee is required to produce a document prior to
the original expiration date in order to remain
Q:How long do we wait until an employee authorized to work.
brings us a work authorization document?
The employee was given 90 days but it has
(I-9 Forms continued on page 19)
(I-9 Forms continued from page 18) Q: Are we required to make and keep copies
of documents with the I-9 Form?
Q: Some of our I-9 Forms are very old and
don’t look so good, since a new I-9 Form A: No, the I-9 Form instructions do not require
came out last year should we just go ahead that you make or retain a copy of any document
and have everyone complete a new form? presented. Originally, when the law was first
passed, employers were concerned about being
A: No, there is no expiration date on an I-9 Form able to prove that they had, in fact, seen the
and there is no requirement that a new form be documents. The only requirement is that you
filled out whenever I-9 Forms are revised. The certify that you have seen original documents.
original form that was completed at the time of While you may choose to keep copies, a con-
hire is the form that should be retained through- cern is the potential for identity theft.
out employment. The fact that it does not look so
good is irrelevant as long as it is legible. Q: How long do we keep I-9 Forms? We were
confused and went through and discarded all
Q: We have found many I-9 Forms with ex- I-9 Forms that were older than three years.
pired driver’s licenses or U.S. passports,
should we have them fill out a new I-9 Form? A: I-9 Forms should be retained for all employ-
ees throughout their employment. After employ-
A: No, identity documents such as a driver’s li- ment has ended, an I-9 Form must be retained
cense or a U.S. passport need only be current at for at least three years from the date of hire, or
the time of hire. Only work authorization docu- one year from the date of termination, whichever
ments need to be kept current throughout em- is longer.
Source: California Chamber of Commerce, Alert
CHARGES: 1-5 lines $15; $2 each additional line. CMSA box number $5; Non-member charge: $30 additional. Spe-
cial heading/set up extra. Replies to ads noting box numbers to be sent to: CMSA Communicator, 10900 E. 183rd St.,
#300, Cerritos, CA 90703. Call Brianna Wahlstrom at (562) 865-2900 to place your advertisement.
MOVING BUSINESS FOR SALE BUSINESS WANTED
San Francisco Moving and Storage Company for sale. Established 1964 (45 years). We are interested in purchasing all or a
8000 sf three high secured San Francisco warehouse. 7000 sf shared yard. 5 excellent part of your business. We are able to
trucks. 180 storage vaults 80% full. All related moving equipment. Nice offices, provide quick cash for certain assets.
major van line affiliate $149,000. Initial rent is $6500 per month for first year with a We can assist in an exit strategy. Major
5 year lease and a 5 year option on a shared basis. Purchaser must have moving CA markets are desired. Discussions
company experience and excellent credit history. For more information, please will be in strictest confidence. Send
contact firstname.lastname@example.org or call 415-720-0970. information to CMSA, Box J1, 10900 E.
183rd St., #300, Cerritos, CA 90703.
EMPLOYMENT OPPORTUNITY MOVING TRUCKS FOR SALE
Looking for managers in L.A./Orange EMPLOYMENT OPPORTUNITY
1 GMC 26 FOOT BOBTAIL 171,433
and Northern Bay Area. Must be ARPIN PAINT 1994 8,000. 1 GMC Puliz Moving & Storage (agent for
extremely computer literate. Must be BOBTAIL 272,601 1987 WHITE 6500 United Van Lines), in Las Vegas, NV is
good with people and should have FRESNO. 1 FORD 1990 F700 344,267 hiring an experienced Local Dispatcher.
experience in the Moving and Storage BEKINS 3500. 1 GMC GAS BOBTAIL Should have 2-5 years experience in the
Industry. Send resumes and letters of 1993 BEKINS 6000. SALINAS PHONE Moving Industry. Must be computer
inquires to: CMSA, Box J2, 10900 E. 831/424/5400. literate. Send resumes to:
183rd St., #300, Cerritos, CA 90703. email@example.com or fax to 775-785
MOVING BUSINESS FOR SALE
MOVING BUSINESS FOR SALE Moving company for sale. 25 years in
Moving and Storage company for sale, MOVING TRUCK FOR SALE
Hemet, Ca. 3 trucks and misc. Moving FOR SALE: 1993 GMC 16’ Box w/
27 years in business, 4 trucks, 2 forklifts,
equipment. Affiliated with major van ramp Diesel New Trans 3900.00 obo.
150 vaults, 5,000 sq. ft. building.
line. Contact Jim Vincent @ Hemet Fresno, CA 1-877-832-5950
Contact Steve: (559) 676-2707
Moving (951) 929-3004.
This photo was taken at CMSA’s meeting with AMSA about a possible statewide ProMovers pro-
gram. From left to right, CMSA Vice Chairman Dennis Doody, CMSA Treasurer Rick Hosea,
CMSA Senior Chairman Tim McCarthy, AMSA VP of Compliance Services David Hauenstein,
AMSA President & CEO Linda Darr, CMSA President Steve Weitekamp, CMSA Chairman Brian
Larson, and AMSA and CMSA Member Dan Lammers.