07/19/2021
In This Issue
- Medical Marijuana & Driving Municipal Vehicles
- Summer Fun: Pools & Beaches
- Back to School 2021-2022
- Public Safety & Risk Management Committees: A-to-Z Guide
- Did you Know?
Medical Marijuana & Driving Municipal Vehicles
As we see states across the nation legalize marijuana, lots of questions are raised about employees that drive in the course of their work. The number of people treating health conditions with medical marijuana is on the rise which begs the question, should we let them drive municipal vehicles?
First and foremost, your municipality should treat prescription cannabis just like any other medications for which employees may be prescribed. Medical marijuana is among the largest number of prescription drugs that can alter one’s ability to drive and operate machinery. Most states recognize this and require medical marijuana products to have warning labels that state something along the lines of “WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN.” Further, the CDC estimates that users have a 25% greater chance of being involved in an auto accident than those that do not consume cannabis. Driving under the influence of marijuana remains illegal in all states.
Employees that operate municipal vehicles should be considered safety-sensitive employees. Employees that perform inherently dangerous work or have tasks within the scope of employment that may put themselves or others in danger are safety-sensitive employees. These employees are held to higher safety standards.
Your municipality should ensure that it has a vehicle use policy that prohibits employees from operating any vehicles while using drugs and alcohol. Prescription drugs known to cause impairment and labeled as such should be included in the prohibition by policy.
Regarding CDL drivers, your state’s medical marijuana laws do not apply as that program is a federal program that continues to prohibit the use of cannabis and mandates the screening for it through approved drug testing programs.
You should also keep in mind that affected employees are not due any reasonable accommodation unless the employee has notified the employer of a disability and that there has been an interactive dialogue between the employee and employer. This discussion is critical for cases that can potentially result in disability discrimination claims, but it is incumbent upon the employee to initiate the discussion and not for the employer to assume there is a disability.
Trident recommends that your entity review its drug-free workplace and vehicle use policies and revise them to address this issue more effectively. Of course, as standard practice, your entity should seek advice from local labor counsel regarding policy updates, impacted collective bargaining agreements, and certainly, before critical employment decisions are made.
Summer Fun: Pools & Beaches
According to the CDC, there are approximately 3,900 deaths from unintentional drowning in the United States each year. That is 11 per day. Unintentional drowning has replaced motor vehicle incidents as the leading cause of death for children aged 1-4 years and is the third leading cause of all deaths from unintentional injury worldwide.
There are over 300,000 public swimming pools in the U.S. and most are operated by municipal and county recreation departments. Add the number of natural bodies of water that serve as public beaches to that total and imagine how many gallons of water are harnessed to provide recreation for the public. Managing risks around water recreation can be very challenging.
Many drowning victims could not swim but somehow end up in the water. 80% of drowning victims are males. This could be due to availability to water and risk-taking behaviors.
Factors that have been identified as key contributors are:
- Missing or ineffective fences and barriers around water.
- Lack of close supervision.
- Not wearing life jackets.
- Alcohol consumption (involved in 70% of deaths associated with water recreation).
Approach your water recreation with this information in mind. Assess your operations to see if there are controls you can incorporate to prevent unintentional drownings. Natural bodies of water often pose the greatest challenge as it is nearly impossible to understand all that lurks beneath the surface. If you choose (or are mandated) to employ lifeguards, it is critical for them to constantly have eyes on the water as conditions (tides, vegetation, wildlife, etc.) change often.
Most states have recreational use laws that protect landowners (including political subdivisions) from liability associated with recreational activities performed by third parties and not under the supervision of the owner. Many of these laws specifically identify swimming and other water activities as qualified recreational activities under the statutes. If your entity has any expressed or implied supervisory responsibilities, your immunity could be eroded. Charging admission or recklessness on behalf of your employees can also erode your immunity.
It is recommended that appropriate signs be posted at all water facilities open to the public. Your signs should start with WARNING in large, red, bold font and then notify users that participation could result in injury or death and that they use the facility at their own risk. Post rules where users can see them and rigidly enforce them. If you have ineffective fencing or barriers, be sure to get those fixed ASAP.
If you’d like to speak to a Trident Risk Control Consultant about your pools and beaches, contact us at asktheriskmanager@tridentpublicrisk.com.
Back to School 2021-2022
COVID-19 Update
After a difficult 2020-2021 school year, it is hard to believe that the 2021-2022 year is about a month away for many school districts. Although most schools have already decided to return to a normal full time in-person schedule this Fall, some were waiting for the CDC to provide COVID-19 prevention guidance on masks and physical distancing measures for students and staff. On July 9th, the CDC did just that and those schools that were waiting can now begin to prepare. In short, in-person learning is a priority. Masks are recommended for those students who are not fully vaccinated, 3 feet of physical distance between students, self-screening, proper ventilation, handwashing and contact tracing procedures that were in place last year are still encouraged. Additionally, those children who are not eligible for vaccines are encouraged to maintain multiple prevention strategies. As many states have lifted mask mandates and relaxed capacity rules, this guidance may present some challenges for school leadership especially with on-campus visitors. As always, Trident encourages our policyholders to monitor local COVID-19 cases, follow CDC guidelines and be prepared to adjust as needed based on your local risk.
On Campus Visitors & Security
Due to COVID-19, most schools had restricted on-campus access to staff and students only. With many schools expected to allow visitors on site again this Fall, now is a good time to review your safety and security procedures regarding armed intruders. This topic continues to evolve as new research and state guidance are available. For example, some research suggests that highly sensorial student participation drills, involving simulation activities may have a traumatizing effect on some children or those with mental health conditions. Your procedures, training and drills should be reviewed regularly to ensure they reflect your capabilities as a staff. A multidisciplinary team should conduct the review to include your mental health professional, school resource officer, administrator, school nurse, teachers, and parents. During the review, reflect on your staff’s experiences with drills and examine your successes and failures. Highlight the need to be vigilant in the coming year with visitors on campus. Additionally, keep in mind that with the pandemic last year and the housing market this year you may have many new students and parents on campus this Fall. Check out the Safe and Sound Schools 2021 State of School Safety Report.
Slip/Trip/Falls
One of the most common loss drivers with schools are slip, trip and falls. These injuries can occur inside or outside and are very difficult to control. Obviously with visitors allowed on campus the risk for loss increases. To help prevent outdoor slips, trips, and falls you must conduct regular inspections of your campus. Identify parts of your parking lot, sidewalks, and stairs that need repair. Evaluate gutters, drainage, and water run off issues that could be contributing to the problem and make repairs as needed. For inside inspections, look for water intrusion issues, leaking water fountains, leaking hand sanitizing stations and flooring in need of repair. Be diligent about adding carpet on wet days throughout the building as needed and have warning cones available in case of a spill. Review all slip, trip and fall related accidents to determine what could have been done to prevent another similar incident in the future. Click here for sample inspection checklists and winter slip, trip and fall related guidance.
School Bus Accident Causes
The top two causes of school bus accidents are distracted driving and speeding/reckless driving, both which are preventable. If your district has experienced an ongoing trend of school bus accidents, it is time to evaluate your driver program and fleet management program. Be sure to properly screen all drivers with motor vehicle record checks. For returning drivers, evaluate their accident history and safety compliance records. Driver training should not just cover the basics as required by law but should be as specific as possible to the hazards in your community. Ask your drivers to be diligent about reporting concerns such as street sign visibility at intersections or areas where other drivers are speeding by them at bus stops. Empower your drivers to prioritize safety at all costs. Consider a driver evaluation program that does not have a punitive component but is strictly focused on helping the driver to improve their skills. Ensure all inspections and maintenance meets or exceeds manufacturer standards.
Playground Safety
Playground inspections and maintenance should be ongoing but if it has been a while since you’ve had a formal inspection by a Certified Playground Safety Inspector, now is the time to do one. In many cases the installer of your equipment will have a certified inspector on staff and can help provide any maintenance needed as well. It is recommended that a maintenance program or contract be established with a certified and reputable company. The inspector will help you to determine if a piece of equipment should be taken out of service and to ensure your playground is up to the Consumer Product Safety Commission guidelines. Click here for more information on Playground Safety.
Public Safety & Risk Management Committees: A-to-Z Guide
An effective method to promote a positive risk-minded and safety-focused workplace culture is to create a Safety and Risk Management Committee for your organization. Combining both safety and risk management gets the most “bang” for the committee’s time, talent, and resources. With this enhancement, the committee is then able to focus on a broader spectrum of property, liability, and casualty exposures. This is an easy way to take your committee to the next level as well as increasing efficiency and impact.
The members of the Safety and Risk Management Committee should be encouraged communicate goals and achievements of the committee back to their home departments. This is an opportunity for empowerment and encouragement.
Create a strategy to gain top management support when initially developing or revitalizing the committee. Top management support is integral for the success of the committee. Consider periodically inviting top management as guests. They can also take a membership role in the committee.
A well-formed committee brings a balance of management and non-management staff together from all the organization’s departments in an effort to achieve the common goal of a safe workforce. They are a key component to any accident prevention plan. It is this coordinated effort that provides organizational change. Experience shows that employees are more likely to accept and embrace change when they are included in the decision-making process.
The committee should be a structured function for the organization which includes having well-defined duties, being goal-oriented, being task-focused, and having assigned responsibilities with accountability. Rewards for attaining goals should also be built into the committee’s operation. While there is a lot of work to be done, it is also positive to celebrate achievements. This encourages the committee to continue their mission. Top management should also provide positive feedback to the committee when goals are met, and successes should be communicated organization wide. Bulletin boards and entity newsletters can also be a method to communicate committee activity throughout the organization.
Reducing the number of near-misses / incidents and lowering costs of losses should be a key organization-wide strategy but also including mindfulness of potential loss areas should be a focus. There are many other functions the committee can include in its mission such as accident reviews/investigations, employee training, building safety and maintenance evaluations, increasing awareness by creating campaigns, researching solutions to improve operations and tasks, as well as continuing to focus on accident trend analysis and trend reduction processes using action plans.
The committee meeting structure should be formal with established schedules and timeframes. Monthly meetings will ensure a more productive committee, but they should be held quarterly at a minimum. Some states have specific requirements regarding meeting schedules.
Documentation of activities is important, so a secretary should be appointed for taking minutes and notes. Recordkeeping for attendance, action items, and activities is necessary as well. Setting an agenda and following it closely ensures that the chairperson maintains control of the meeting and ensures that a high level of productivity is achieved.
Sub-committees can be formed for activities that need more focused attention. For example, an entity may be experiencing a high number of certain types of vehicle accidents and decide to accelerate a focus group to develop and help implement a cure.
Some entities have organization-wide Safety and Risk Management Committees but also have departmental-level committees which report up to the organization-level committee. This often happens in larger entities where safety and risk management are concentrated efforts, particularly if the entity is implementing Enterprise Risk Management strategies.
Training and education for the committee may be necessary as part of the process to follow action plans and achieve goals. Training can be obtained from several sources, including Trident University’s web-based training program in partnership with LocalGovU, which is offered at no cost to Trident’s policyholders. Contact us at asktheriskmanager@tridentpublicrisk.com to get your entity registered today!
The committee should conduct an annual self-evaluation to ensure that it is continuing to perform at a highly productive level and is avoiding becoming stale. The objective of the self-evaluation should be to assess effectiveness of the meetings, productivity, and the committee’s impact on the organization overall. Click here for Trident’s Guide to Safety Committees for Public Entities.
Did you Know?
The first municipal water filtration works opened in Paisley, Scotland in 1832. Today there are more than 56,000 community water systems providing more than 38 billion gallons of water to the public in the United States via more than one million miles of pipelines and aqueducts. If you operate a water treatment facility and are looking for risk management solutions check out Trident’s Water Solutions Program by clicking here, then contact your insurance agent for more details.