Risk matters

8 Pages·1992·1.2 MB·English

by  Montana. Risk Management and Tort Defense Division

2
SH MATTERS-
658 155
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Vol No
. 7 , .
Oct 1996
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RMTD o(X
tana state library
dedicated
Risk
to Risk
Management
Management
& in the State of
Tort
Montana
Defense
351
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October 1996 Volume No. 2
7,
OFFICE ERGONOMICS: EVERYBODY’S DIFFERENT
Ergonomics is the science ofdesigning
Cumulative TraumaDisorders (CTDs)
workstations andequipment to be compatible with
such as Carpal Tunnel Syndrome,
Tendonitis, and DeQuervain’s Disease people. There are three vital ergonomic
havebeen calledthe occupational diseases considerations:
ofthe 90's.
• Fitthejob to theperson - State employees come in a
Simply stated, cumulativetrauma is ‘wear andtear’ on our variety ofsizes and shapes. However, workstations
bodies and typically stems from poorworkstation design, are typically designed for one size fits all.
improper bodymechanics/postures, andrepetitious tasks.
• UserFriendly- What would happen ifthe light
This sectionofRisk Matters is forthose state employeesthat switches in youroffice were mounted sideways?
wereunableto attendergonomics/back injuryprevention Similarly, there are easierwaysto use equipment and
trainingthispast spring. workstations. Above all, they mustbe adjustable so
thatthey are compatible for different users.
Ifyou’re interested in additionaltraining ora site-specific
ergonomicsassessment, pleasecontactyour safety coordinator • WorkSmarter, NotHarder- Ergonomics promotes
RMTD
orcall atext. 3486. efficientuse ofworkspace and enhances productivity
by eliminating unnecessary, repetitious tasks.
2
RISK FACTORS
DirectoryofServices
[phone] There are three basic CTD risk factors for state employees in office settings:
Administration: Ext
• Posture- Describes the positions you assume in yourwork. Take sitting, for
DivisionAdministrator- 3687 example. Most ofus spend a significant portion ofour day doing it.
BrettDahl
ChiefDefenseCounsel - 2438 • Force- Defines the amount ofenergy expendedto perform atask such as
Bill Gianoulias lifting, typing, twisting, bending, orturning. By holding a load close to your
AdministrativeAssistant- 3600. body when lifting, the forces are reduced 7 to 10 times.
Carol Berger
Legal Secretary- 2512
• Repetition - Describes the frequency with which you perform atask. Ifyou
Peg Bartlett
typejust40 words aminute, fourhours aday, you keystroke 25,000,000
Property/liabilityClaims times in any given year.
Adjusting
ABC’s of Workstation Comfort
Sr. Claims Specialist- 2422
MaijieCarpenter
Claims Specialist- 4516 Here are some tips to improve comfort andto reduce cumulative traumarisk:
MaryHeare
A
LegalDefense The top ofyourcomputer screen shouldbe ateye level. This reduces
strain on yourneck.
AssociateCounsel- 3558
B
Ann Brodsky You shouldbe at arm’s length away from the screen to minimize eye
AssociateCounsel - 4507
strain.
Tim Baker
C
AssociateCounsel - 2403 Yourwork surface shouldbe at elbow levelto eliminate the awkward
MikeKing
Paralegal -JanDay 1816 D postures that cause strain on yourwrists (carpal tunnel) and arms.
Yourchair shouldhave adjustable armrests that supportyour arms at
LossControl
elbow level.
E
Consultant- 3687
Yourknees should be slightly raised above yourhipsto reduce lower
BrettDahl
RiskAnalyst- 3486 back strain.
LarryNelson F
Your chair shouldhave a seatthatyou can adjustto allow your feetto rest
Insurance/Finance flat on the floor. The backrest should contourwith the curvature ofyour
spine and provides lumbar support, oruse arolled-uptowel or ergo pillow.
RiskFinance Specialist 4509 G
Dawn DeTienne A five-pronged chairbase with casters is best for safety andmobility.
H
Servicesto StateAgencies Ifyour feet cannot reachthe floor, use afootrest.
Insurancefor: Property, liability, SAFETY EXPO
96
employeedishonesty, vehicle,
aircraft, otherrisks.
Legal Defense/Claimsfor: On September 5, 1996, approximately 600 state employees bravedcold, rainy, and
Liability, property, otherclaims. windy weatherto attend Safety Expo 96 atthe Capitol Rotunda. Numerous activities
andworkshops were designedtoheighten public awareness ofsafety issues, andto
Loss Control: Consultingforall of remind us allthataccidents can be prevented. Safety Expo 96 markedthe second
the above. anniversary ofSafety Day in Montana.
-
:
3
)
WHO
In his keynote address, Governor Racicot reminded families and employers
throughout the state that from 1993 to 1995, the most recentyear forwhich statistics
YA
are available, vehicle accidents in Big Sky country increased from 18,839 to 20,508.
Overthe same period oftime, he stated, injuries associated with these accidents have GONNA
risen from 9,288 to 10,255, and fatalities havejumped from 194 to 215.
CALL?
The Governor also cited statistics from the Bureau ofLabor Statistics that lastyear
alone, 449 Montanans lost their lives in unintentional accidents stemming from
diverse causes such as firearms use, machinery, electrocution, railway passage, fires, Workplace violence has become one of
and falls. In addition, workplace violence has become one ofthe leading causes of the leading causes ofworkplace
homicide nationally, accounting for 17% ofall fatalities on-the-job. homicide, accounting for 17% ofall
fatalities nationally. Many state
Finally, Governor Racicot reminded all attendees to rememberthe theme ofSafety employees deal with controversial
Expo 96 andto ‘Be Safe, Not Sorry!’ issues and angry people.
Sometimes tempers flare and angry
words bum you orthe person atthe
front desk. Most ofus have a few
examples ofencounters that left us
uncomfortable orthreatened when
dealing with clients orthe public.
In response to the threat ofviolence, a
multi-agencytask force chairedbythe
Professional Development Center
developed guidelines for agencies to
use in developingthreatresponse
protocol andprocedures from internal
and externalthreates ofviolence. What
is your agency’s procedure for letting
employees or others in the office know
thatthere istrouble? Does your agency
have a written plan?
Above: Despiteunseasonablycoldandrainyweather,membersofthecabinetgatherforwhathasbecomea
SafetyDayTradition;theFireExtinguisherRelayRace!
Copies ofthe guidelines are available
The RiskManagement & Tort Defense Division appreciates the efforts ofthe from your Personnel Coordinator or
Governor andthe cabinet fortaking the lead on safety by demonstrating their support Safety Coordinator. Itmay provide
ofSafety Day. As state employees let’s all do our part to reduce the high costs your employees with some peace of
and tragic fallout associated with workplace accidents and injuries. How, you mind in knowingthatthere is aplan of
ask? action, andthathelp is there iftheyjust
let someone know.
• Look forhazards that could cause an accident and either correctthem or
reportthem to your supervisor. CRISIS COMMUNICATION!
• Report accidents as soon as they happen! When aheated situation occurs, it is
often difficultto know how to respond
• Work smart andrememberthat accidents don’tjusthappen, they are caused. andwhatto say. Forthis reason, pre-
Participate in training sponsored by the Risk Management & Tort Defense cirnitseirsveevnetinotnpcloamnnmiunngicdraitlilsonansdkiclrlissiasre
) Division, State Fund, or your agency. vital. On the next page we’ve listed a
few tips:
® BE SAFE, NOT SORRY! You, a state employee, are the state’s most
valuable asset. Don’ttake chances!
4
WHEN
® Agree upon a code word with RIVERS TIMELY TIPS
a fellow employee such as
RAGE
“Bring me the yellow copy”
! For samples ofdisaster and
The code word alerts the co-
emergency plans, please contactthe
workerthatthere is danger This year’s spring flooding was a Risk Management& Tort Defense
andto call forhelp!
painful and very personal reminder for Division. Meanwhile, backto the
many ofus that tragedies and question ‘when rivers rage?’
• Remain calm and try to
emergencies do occur. The
diffuse the situation by being
Department ofMilitary affairs is the Considerthe following precautions:
as helpful as possible.
state agency charged with the
• Do not use threatening statewide disaster and emergency • Listen closely to local news
plan. However, they remind us thatwe updates.
gestures, words, orphrases.
as state agencies need to develop our
own response • Follow the directions oflaw
• Violent acts are usually not
protocol. enforcement andthe national
random, but occurafter guard. STAY PUT, ifit is
repeatedthreats. Treat violent
DISASTER\ unsafe to travel.
threats seriously! Report
EMERGENCY
them to your supervisor, • Know where to obtain sand
RESPONSE
General Services, and local
and sandbags. Consider
police. Notify co-workers to
stockpiling a small supply of
be onthe lookout.
Whatwould you do each shouldthey be
to protect state assets when the rivers necessary.
• Ifthe situation deteriorates,
rise, and flood waters lap atthe doors
contactthe local police A
ofyour office buildings? disaster • Follow the directions oflocal
department and know how to
and emergency plan that delineates health officials shouldyour (
escape and protect
responsibilities ofagency personnel is drinking waterbecome
yourself.
paramount! The plan should indicate contaminated.
whatto do in differenttypes of
CRITICAL
diasters and should establish a ‘chain • Move valuable equipment,
EVENT ofcommand’ foragencies to mobilize supplies, orpersonal effects
PLANNING resources and ‘humanpower’ to upstairs orto higherground.
effectively respondtothe crisis at
hand. • Promptlyreport any damage
Use the ‘Preventing
to state property to the
Workplace Violence’ guidelines in
following address:
conjunction with yourbuilding
evacuation plan to determine Risk Management & Tort
appropriate ‘critical event’ planning
Defense Division
alternatives and appropriate threat
P.O. Box 200124
response protocol.
Helena, Montana
We hope thatyou neverhave to test 59620-0124.
the guidelines oruse yourpolicy, but
alittle bit ofplanning goes a long way
towards reducingthe threat of
violence in your agency.
(
5
^EGAL BRIEFS This type oftraining has saved employers a lot oftime and
money as the federal government learned afterthe Oklahoma
City bombing. For state employees, this training is provided
WORK-RELATED through the state employee assistance program by VRI
STRESS (Vocation Resources Inc.) FOOD FORTHOUGHT!
.
THE FINE PRINT!
On May 4, 1990, Gary Stratemeyer, an eight year veteran of
the Lincoln County Sheriffs Department, respondedto a
suicide call. En route to the scene, he learnedthat the victim, a Is the fine print in a contract importantto read? Absolutely!
teenage girl, was still alive. Upon arriving atthe victim’s A contract defines the obligations ofeach party, and the fine
home, Stratemeyerwas ledto the bedroom where he found a print may add responsibility to your agency ortake away its
seventeen-year-old girl who had shot herselfin the head. The rights. BE CAREFUL WHAT YOU SIGN!
girl was being held in her father’s arms. Laterthat evening,
Stratemeyer learnedthatthe girl had died. For example, a contract clause may make your agency
responsible fornegligent acts ofthe contractor, or itmay
Stratemeyerwas unable to return to work because ofmental require your agency to defend, indemnify, and holdharmless
stress and anxiety overthis incident. He submitted a workers’ the contractor forhis/her own negligence. Since the Tort
compensation claim in May of1990. The claim was denied Claims Act excludes independent contractors, only in rare
four days later. He petitionedthe workers’ compensation court exceptions will the Risk Management & Tort Defense
regarding his wage loss benefits and medical expenses. The Division grant approval and provide coverage for contractors.
court determined that Stratemeyer did not suffer an “injury” as
defined in §39-71-119. Stratemeyerthen filed a separate tort
claim on the basis that 1) Lincoln County negligently failedto
provide appropriate trainingto prepare him forthis incident;
and 2) the county failed to, supervise, treat, and debriefhim
followingthe incident.
In Stratemeyer II, Lincoln County arguedthatworkers’
compensation was an exclusive remedy and applied onlyto
physical harm, notmental stress. The Supreme Court heldthat
exclusivity didnot applyto Stratemeyerbecause he never
receivedworkers’ compensationbenefits and as apolice
officerhis occupation was covered by workers’ compensation.
Stratemeyer contendedthatthe traumatic nature and State agencies entering into contractual agreements with third
consequences ofrespondingtothe suicide were foreseeable, parties should require the contractorto ‘hold the state
andpost-traumatic stress disorder is a common injury for law harmless’ andto defend and indemnifythe state for any and
enforcementpersonnel. He allegedthatthe DistrictCourt all causes ofaction arising from the contractor’s negligence,
interpretedthe statutes too narrowly, when it construedthem including the acts ofsubconcontractors or otheragents ofthe
to include onlyphysical harm. The Supreme courtconcurred contractor.
with Stratemeyerand reversedthe district court decision.
Rememberthathold harmless language by itselfdoes not
LESSONS TO BE LEARNED guarantee thatthe contractorhas the financial resources to pay
for its own negligence; therefore agencies should require
The long and short ofStratemeyer is thata courtmay insurance . The type ofcoverage required ofthe contractor
determine ifan employerbreached its duty in failingto train, andthe limits ofcoverage will vary depending on the risk
supervise, ortreat its employeesbutthe statutes applyto associatedwith the services performedundercontract.
mental as well asphysical harm.
Here are some othercommon pitfalls/clauses to avoid:
Secondly, as a strategy to mitigate risk and liability
employers should weightthe pros and cons ofproviding • Language thatrequires legal action totake place in
pining for its employeesbefore such incidents occur, and another state orjurisdiction (change in venue).
appropriatetreatmentandtraining in the wake ofatragedy.
Suchtraining istypically referredto as ‘critical incident’ • Clauses that automatically renew the agreement
training/debriefing. Before or after acritical, tragic event, unless given 60 days notice.
employees canbe referredto professionals who provide
counseling on how to respondtothese situations.
6
LEARNING RESOURCE
® Automatic rate increases with orwithout
limitation.The contractor’s insurance coverage (
CENTER
specifies a sublimit forpersonal injury or property
damage ratherthan a combined single limit forboth.
• The contractor’s insurance policy specifies that In response to numerous information requests from state
insurance coverage is excess ofany other coverage agencies, the Risk Management & Tort Defense Division has
versus primary forthe contractor’s negligence. created a Learning Resource Center (LRC). The resource
center is designedto collect sample ‘bestpractice’ policies,
Got a question on hold harmless or insurance provisions in procedures, andprograms, from state agencies and other
contracts? Give us a call! public entities and to provide learning resources and
information for state agencies to use forpurposes of training
VEHICLE and research. Listedbelow is a sampling ofthe materials that
are available through LRC:
USE AND
Safety Talks -A series of2 to 3 minutestalkscovering various
INSURANCE
safety topics including electrical hazards, machines, office practices,
housekeeping, and maintenance.
COVERAGE
Safety & The Supervisor -A ‘mustread’ documentforany
supervisorthatdesiresto improve his/heraccidentrecord orstarta
One ofthe more common questions that RMTD receives from moreeffective safety initiative.
state agencies is “Who can drive orride in state vehicles?”
The division is in the process ofreviewing existing policies Videos -Acollection of24 videosthat areavailableforagency use
intraining. BESTRENTERS include ‘Office Safety’, ‘Office Safety:
and insurance coverages with the intent ofdeveloping a final
It’s aJungle inThere,’ and ‘ABitAboutBacks.’
position statementby year end. Here is a summary ofthe
division’s existing policy on uses/coverages. Ifyou have BestPractices - Sample policiesandprocedures include Bloodbome
suggestions, please sendthem ourway. Pathogens (MissoulaCounty), Personal Protective Equipment
(
(MontanaStateHospital), General Safety Rules(MontanaState
Authorized drivers ofstate owned/leased/loaned vehicles Hospital), Respiratory Protection (MontanaState University),
include state oruniversity employees, elected/appointed Confined SpaceEntry (MontanaState University).
officials, members ofboards, councils, and commissions, and
volunteers (§2-9-101, MCA) for authorizeduses as noted The Ergonomics Process -Thisvaluablemanual addresses
cumulativetraumarisk. Slides areavailableto use intraining.
below:
Safety & Health -Aready reference onwaysto mitigatenumerous
Independent contractors are not state employees, therefore, occupational andpersonal risks. Thereferencemanual isavailable
they are notauthorized drivers and are nottypically covered with a ‘copy kit’ that may bereproduced foruse atsafety committee
withoutpriorwritten approvalto use the vehicle from the and staffmeetings.
RMTD
agency head and andthen only for authorized uses as
notedbelow: Contractual RiskTransfer-Anexcellentresource forcontracts
specialistswho wantto be ‘intheknow’ onthe latesttechniques in
Authorized passengers in state owned/leased/loaned vehicles writing contractual agreementsand developinghold harmlessand
indemnificationclauses in contracts.
include state employees, independent contractors on official
state business, guests ofthe state including local government
Numerous Other-Publicationsandresourcematerialsto assistyou
officialstraveling with state employees, driver’s or with questions on insurance, claims, orloss control.
passenger’s aides, ormedical aide animals.
Authorized uses ofstate owned/leased/loaned vehicles are
uses ofstate vehicles underthe direction and control ofa state
agency ortheuniversity and are lawful activities that further
the mission ofthe state.
STAY TUNED formore on vehicle use andcoverage!
7
LONE DRIVER!
&
rRequest for Videotapes Publications OFFICE SAFETY
The followingvideotapesandpublications listed OFFICE SAFETY: IT’S A JUNGLE IN THERE
inRiskMatters are available free ofchargeto state PROTECTING AGAINST AIDS IN THE
agencies and localgovernmentuponrequest. Anyone may WORKPLACE
borrow upto two videotapes atatimerent-free forone RAPE AWARENESS!
week. Youmay order materials bycalling(406)444-3600 RISK MANAGEMENT TODAY
orsendthis orderform toRMTD, P.O. Box 200124 SAFETY: THE BIG PICTURE
Helena, MT., 59620-0124. SAFETY COMMITTEE: PROBLEM OR
SOLUTION
SAFETY EXPO 95
VIDEOS SAFETY EXPO 96
SUPERVISING SAFETY: YOU MAKE THE
A BITABOUT BACKS: VOLUME DIFFERENCE
I,
AWARENESS THE MAKING OF A JOB SAFETY ANALYSIS
A BITABOUTBACKS: VOLUME RISK THE NEWCOMERS: SAFETY MOTIVATION
II,
FACTORS VIOLENCE IN THE WORKPLACE
A BITABOUT BACKS: VOLUME
III,
PREVENTION PUBLICATIONS
AUTOSTRETCHING: LOWERBACK
AUTOSTRETCHING: WRISTS, ARMS, & A.M. BEST - LOSS CONTROL ENGINEERING
SHOULDERS GUIDES
COMPUTERERGONOMICS: EVERYBODY’S BEST’S MUNICIPAL UNDERWRITING GUIDE
DIFFERENT BEST’S SAFETY DIRECTORY
COMPUTERERGONOMICS: MAKE YOURSELF COMMERCIAL PROPERTY INSURANCE
COMFORTABLE CONTRACTUAL RISK TRANSFER
DON’TFALL FORIT: PREVENTING SLIPS, GOVERNMENT RISK MANAGEMENT MANUAL
TRIPS, & FALLS HOW INSURANCE COMPANIES SETTLE CASES
v
J
FIRE EXTINGUISHERS: FIRSTLINE OF PUBLIC EMPLOYEE SAFETY & HEALTH
DEFENSE MANAGEMENT
GET IT TOGETHER: SEATBELT SAFETY RISK MANAGEMENT & INSURANCE
HANDS UP! AUDIT TECHNIQUES
HOWTO CONDUCTA SAFETY MEETING: A RISK FINANCING
PARTOF YOURJOB SAFETY TALKS
IT WON’THAPPEN TO ME: ACCIDENTS IN SAFETY & THE SUPERVISOR
THE WORKPLACE SAFETY & HEALTH
LAW ENFORCEMENTLIABILITY ISSUES IN SOCIETY OF CERTIFIED INSURANCE
THE 90S AND BEYOND COUNSELORS
LAWENFORCEMENTLIABILITY: USE OF STATE OF MONTANA: EMPLOYEE SAFETY
FORCE PROGRAM
LAWENFORCEMENT LIABILITY: VEHICLE THE RISK REPORT
OPERATIONS
Order Form/Change ofAddress Form
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Employer Ifilpgpjl
Sill
City. Mate .Zip Code.
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Risk Management Tort Defense
Division RiskManagment
P.O. Box 200124 Advisory Committtee
MT
Helena,
CathyMuri,
59620-0124
Departmentof GeorgeHarris
Administration Departmentof
Livestock
Address Correction Requested SandraKuchenbrod,
Departmentof CaptainThomas
Agriculture Muri,
DepartmentofMilitary
BarbCharlton, Affairs
Departmentof
Commerce BruceSwick,
DepartmentofNatural
DickCrofts, Resources
Commissionerof &Conservation
HigherEducation
GeraiynDriscoll,
JanieWnnderwald, OfficeofPublic
Departmentof Instructions
Corrections
AnnGilkey,
JaneBenson, DepartmentofPublic
Departmentof Health
EnvironmentalQuality &HumanServices
DonnaCampbell, LauraCaulkin,
DepartmentofFish, PublicService
& Commission
Wildlife, Parks
MikeZahn,
SharonMcCabe,
DepartmentofReveni^ ^
HistoricalSociety
PatChenovlck, GaryManaghan,
MontanaJudiciary OfficeofSecretaryof
State
KarenMunro,
RISK MATTERS is apublication ofthe DepartmentofJustice BobPost,
State ofMontana, Department of StateAuditors
Administration, Risk Management& Tort DDeapvairdtSmceonttt,ofLabor& CarlSwanson,
Defense Division, 1500 E., 6th Avenue, Industry StateCompensation
Helena, Montana 59520-0124. Phone: InsuranceFund
[phone] MikeBuckley,
Departmentof
Transportation
Reprinting, excerpting, orplagiarizingany
part ofthispublication is finewith us.
Please send us acopy ofyourpublication,
500 copies ofthis edition were published
ata costof $500.
Distribution to: AH agencies ofstate
government in executive, legislative,
andjudicial branches and the university
system. Copiesofthis bulletin should be
placed in agencies* copies oftheStateof
Montana, Risk Management
Procedures Manual, SectionXII.
Fall 1996. Published periodically
C