Weekly Legislative Update
August 28, 2023
NHTSA Permits Limited Application of Massachusetts’ Right to Repair Law - TIA Responds
The federal government has outlined an approach for automakers to adhere to Massachusetts' automotive right-to-repair law without violating federal regulations. However, the suggested plan from the National Highway Traffic Safety Administration (NHTSA) significantly narrows down the scope of the original law and might not be put into practice for a number of years.
The Massachusetts Data Access Law, which was passed through a referendum in 2020, mandates that car manufacturers selling vehicles in the state must offer wireless access to the car's "telematics" – the software and data stored within the vehicle. This provision would enable independent car repair shops to compete on an equal footing with factory-authorized shops that already possess access to this data.
In June, the NHTSA told automakers not to comply with the law, arguing that doing so could weaken cybersecurity safeguards for automotive computer networks. This stance prompted a strong response from Massachusetts Senators Ed Markey and Elizabeth Warren, who questioned why the agency had taken over two years to raise this objection.
However, the NHTSA has now proposed that automakers could fulfill the law by providing wireless access to vehicles using short-range Bluetooth radio connections instead of longer-range cellular networks. Since Bluetooth connections have limited range, the potential for unauthorized access is greatly reduced.
In a letter on 8/22, NHTSA stated, "If implemented with appropriate care, a solution like this one would significantly decrease the cybersecurity risks – and consequently, the safety risks – associated with remote access."
Senators Warren and Markey issued a joint statement applauding the NHTSA's change in position. They stated, "This step will not only alleviate burdens and reduce costs for Massachusetts drivers but also ensure that transportation regulators continue to build upon the Biden administration's agenda, which advocates for competition and consumer interests."
However, the proposal comes with significant challenges. Car manufacturers would need to incorporate new telematic systems with Bluetooth radios to transmit the data. Given that vehicle designs are planned years ahead, it could be quite some time before this feature becomes a reality.
Massachusetts First Assistant Attorney General Pat Moore noted, "We understand that a period of compliance will likely be necessary."
Furthermore, the Bluetooth compromise undermines a key goal for independent repair shops – securing constant access to their customers' digital data.
Currently, vehicles with telematic systems transmit diagnostic data to manufacturers in real time using cellular connections. Car manufacturers can utilize this data to identify potential problems and offer maintenance and repair services to vehicle owners. Independent repair shops argue that this gives factory-backed dealers an unfair edge.
The intent of the Massachusetts law was to provide independent shops equal access to data, allowing car owners to share telematic data with local mechanics rather than exclusively with dealerships. However, if telematic data is only accessible through short-range Bluetooth connections, mechanics would only have access when the vehicle is physically present at the shop.
NHTSA's full letter can be viewed here.
TIA Response
TIA finds encouragement in NHTSA's letter, which firmly advocates for the "right to repair."
TIA believes that although this is a step in the right direction, the new approach fails to adequately address repairing vehicles that are already on the road today. TIA is also concerned that the implementation could span several years.
Right to Repair remains a top priority for TIA members and a national law would provide for much needed clarity and direction in vehicle repair.
TIA has been supporting the REPAIR Act in the 118th Congress which now has 36 bi-partisan co-sponsors.
Update on OSHA’s Small Business Advocacy Review Panel on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings
Occupational Heat Exposure
- Heat is the leading cause of death among all weather-related phenomena in the U.S.
- Excessive heat can cause heat stroke and even death if not treated properly.
- Workers in both outdoor and indoor work settings are at risk
Occupational Heat Injuries, Illnesses, & Fatalities
According to the Bureau of Labor Statistics (BLS):
- Exposure to environmental heat resulted in 999 fatalities of U.S. workers from 1992-2021, an average of 33 fatalities per year in that time period; and
- There have been 33,890 estimated work-related heat injuries and illnesses involving days away from work from 2011-2020, an average of 3,389 per year in that time period.
Statistics for occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates for several reasons, including:
- The varying nature of heat-related symptoms, including their impact on decision-making abilities;
- The definition of heat-related illnesses often varies by jurisdiction, leading to inconsistent reporting by medical professionals;
- Datasets heavily rely on self-reported outcomes from employers and employees.
Heat Rulemaking Background
- On Oct. 27th, 2021, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings;
- The ANPRM announced that OSHA is initiating the rulemaking process to consider a heat-specific workplace standard;
- A standard specific to heat-related injury and illness prevention would more clearly set forth employer obligations and the measures necessary to effectively protect employees from hazardous heat;
- OSHA received 965 unique comments, available for viewing at www.regulations.gov (Docket No. OSHA-2021-0009);
- On May 3, 2022, OSHA held a virtual public stakeholder meeting on the Agency’s Initiatives to Protect Workers from Heat-Related Hazards;
- OSHA established a Heat Injury and Illness Prevention Work Group of the National Advisory Committee on Occupational Safety and Health (NACOSH) to help NACOSH provide recommendations on guidance materials and potential elements of a heat injury and illness prevention standard;
- On May 31, 2023, the Work Group presented its recommendations on potential elements of a proposed heat injury and illness prevention standard for consideration by the full NACOSH committee. After deliberations, NACOSH submitted its recommendations to OSHA;
- Recommendations are available at www.regulations.gov (Document No. OSHA-2023-0003-0012); and
- The next step in the rulemaking process will be to convene a Small Business Advocacy Review (SBAR) Panel, in accordance with the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA), to hear comments from small entity representatives on the impacts of a heat-specific standard
SBAR Panel
- The SBAR Panel will be comprised of members from the Small Business Administration (SBA) Office of Advocacy, OSHA and the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA);
- The SBAR Panel will listen to small entity representatives (SERs) who would potentially be affected by the standard and issue a report following the Panel;
- Each SER will be sent information on potential options OSHA has identified for various elements of a heat-specific standard and then be asked to participate in a small-group videoconference with the SBAR Panel to discuss any concerns or other input on how these measures might affect the operations of their workplace; and
- OSHA will host several small-group SBAR Panel videoconferences with SERs; these videoconferences will be open for the public to listen to but not participate.
Potential Scope: All Sectors
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