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CMSA Counsel Advises Members To Attend Warehouse Lien

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					                                                                                                                 September 2010




  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




                                                    2
    President’s Comments
    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
    change.
        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)

3
(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.




                                                       4
(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,

                                                 5
            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)

                                                    6
(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




                                                7
8
        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




                                                     9
                      CMSA SEMINAR
                      WAREHOUSE LIEN MANUAL
                      EDUCATIONAL WORKSHOP
                         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
                            Lien Manual
                            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.
                                                                  Stephen Weitekamp
                                                                  CMSA President
     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
                              Non-Members: $300.00
    Prices include 2010 Warehouse Lien Manual (Member’s Price: $95) & Lunch

                                             10
              The CALIFORNIA MOVING & STORAGE ASSOCIATION
                                Presents:

   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
           ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                                       Presenters:
                   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
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________


                                                11
                       CALENDAR OF EVENTS
Sept. 14th, Tuesday     Mid Valley Chapter   Oct. 19th, Tuesday     Warehouse Lien
                        Meeting                                     Manual Workshop
                                                                    (Pleasanton)
Sept. 15th, Wednesday   San Diego Chapter
                        Meeting              Oct. 19th, Tuesday     Northern Region
                                                                    Chapter Meeting
Sept. 15th, Wednesday   Central Valley
                        Chapter Meeting      Oct. 20th, Wednesday   North Bay Chapter
                                                                    Meeting
Sept. 16th, Thursday    Central Coast
                        Chapter Meeting      Oct. 21st, Thursday    Sacramento
                                                                    Chapter Meeting
Sept. 21st, Tuesday     Twin Counties
                        Chapter Meeting      Oct. 26th, Tuesday     Los Angeles
                                                                    Chapter Meeting
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
                        Tournament                                  Meeting
Oct. 12th, Tuesday      Warehouse Lien
                        Manual Workshop      Nov. 11th, Thursday    Orange County/
                        (Long Beach)                                Beach Cities
                                                                    Chapter Meeting
Oct. 13th, Wednesday    Ventura/S. Barbara
                        Chapter Meeting      Dec.11th, Saturday     No. Region Crab
                                                                    Feed Fundraiser




                                             12
          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
stances (drugs).
    Each company is responsible for having a            (Drug and Alcohol Policy cont. on page 14)




                                                13
(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)




                                                   14
(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)




                                                 15
(Drug and Alcohol Policy cont. from page 15)      supervisors and
                                                  employees regard-
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
                                                  substance abuse
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)




                                                  16
(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-
                                                   day?
Be Proactive!
    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)




                                                  17
              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)




                                                      18
(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.
ployment.
                                                  Source: California Chamber of Commerce, Alert


                       CLASSIFIED ADVERTISING
 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 movingcompanyforsale@gmail.com 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.                                                       erinvilardi@puliz.com or fax to 775-785
                                                                                           -2360.
                                                  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.

                                                               19
                               CMSA Photo




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.




                                              20

				
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