Respiratory Protection - Protecting Employees from Airborne Hazards

Respiratory protection in the workplace protects employees from hazardous gases, vapors, oxygen deficiency, and airborne particles. If your municipality has sanitary sewers, water treatment facilities, confined spaces, or emergency services you must have a site-specific written respiratory protection program. This should include a respirator selection process, employee training records, employee medical evaluation reports, fit test results, filter change schedules, hazardous atmospheres evaluations, and program evaluations. The employer must keep these records on file and available for employees, representatives, and inspectors to review upon request.

There are two major classes of respirators: Air-purifying respirators that remove contaminants from the air and Atmosphere-supplying respirators that provide clean, breathable air from an uncontaminated air supply. Respirators can be either tight-fitting or loose-fitting. Tight-fitting respirators include filtering facepieces, half masks, and full facepieces that don’t completely cover the head. Loose respirators are hoods or helmets that cover the head completely. All respirators used in the workplace must be approved by the National Institute for Occupational Safety and Health (NIOSH).

Respirators protect workers from a wide variety of hazardous environments. They enable employees to safely work around harmful dust, fogs, smokes, fumes, gases, vapors, and sprays. Without proper respiratory protection, many airborne hazards can cause cancer, lung impairment, other diseases, and even death.

OSHA and the Oklahoma Department of Labor PEOSH division require that all employees be fully trained on respiratory protection before they begin work with their respirator. Before they begin training, they must first pass a medical evaluation. Because respirators can make breathing difficult or induce feelings of claustrophobia, not everyone can wear a respirator. Respiratory impairment, cardiovascular impairment, anemia, epilepsy, punctured eardrums, diabetes, and vision problems can all prevent a worker from using a respirator. Medical evaluations must be performed by a qualified medical professional in a confidential setting. After employees have passed their medical evaluations, they must be trained on the specific hazards that their respirator protects against, and how to properly clean, maintain, and dispose of their respirator or exchangeable filters. Employees must be given a fit test to ensure their respirator is the correct size and forms an adequate seal. They must also be trained on how to properly wear their respirator, including how to put it on, take it off, and check the fit. Retraining must be performed every year or if an employee shows inadequate knowledge of the respiratory protection program.

Here are some basic respiratory protection tips: Workers who use respirators should always inspect their respirator and perform a seal check before every use. Employees should be trained on and adhere to their municipality’s filter replacement schedule. Many filters have a color-changing end of service life indicator that alert the user when filters must be changed. Common signs of respirator failure include strange chemical smells or tastes, burning sensation in the eyes, nose, or throat, feelings of dizziness, nausea, difficulty breathing, or noticeable hot air inside the respirator. If a worker experiences any of these symptoms, they should leave the area immediately, remove the respirator, and wait to see if the symptoms improve. If the symptoms improve, they should perform a full inspection and seal check before re-entering the work area. If the symptoms persist, they should leave the area and inform their supervisor that their respirator is not working properly.

Remember, employees must be protected from hazardous atmospheres and airborne contaminants. Before receiving a respirator, employees must pass a medical evaluation, receive complete and proper training, and understand how to fully inspect their respirator, and keep it clean and properly maintained. Filters must be changed according to the respirator maintenance schedule. Finally, employees must be able to recognize the signs of respirator failure and know how to safely get themselves away from hazardous materials before removing their masks. They must also remember to report any failures or malfunctions to the supervisor immediately after an incident.

Are Public Comments Required at Public Meetings?

Government of the people, by the people, and for the people.  Familiar terms from American History lessons.  But does this phrase mean you are required to allow citizens attending municipal public meetings to speak?  IT DEPENDS! 

There are some types of business transacted by cities and towns that require a public hearing.  For example, certain property zoning actions and applications require a public hearing.[i]  It is also not unusual for federal grants available to cities and towns, such as the Community Development Block Grant (CDBG), or Homeland Security grants to require public hearings prior to award.  The adoption of an annual budget also requires a public hearing.[ii]  The citizens attending these types of meetings are entitled to speak. 

On the other hand, there is no requirement in the Oklahoma Open Meeting Act (OMA) that citizens be allowed to address the City Council or Town Board on other matters of municipal business at a public meeting.[iii]

 Some cities and towns, desiring to make local government more accessible, have instituted a practice of having an “open mic” period where attendees of the meeting can address elected officials directly on any topic not specifically listed on the Agenda. 

A public body is not required to allow public comments at its meetings, either under the Act or under the First Amendment.[iv] In fact, many City Attorneys routinely advise against having a public comments agenda item primarily to avoid the risk of an Open Meeting Act violation.

The purpose of the OMA is to encourage and facilitate an informed citizenry's understanding of the governmental processes and governmental problems.[v] All meetings of public bodies shall be preceded by advance public notice specifying the subject matter or matters to be considered at such meeting.[vi]

The OMA requires that governing bodies tell the public not only what will be discussed but also what will be acted on. This requirement is defeated by having an “open mic” without any indication of the topic and with no notice to the rest of the public of the topic. 

For those cities and towns that allow for an “open mic” forum there is a risk that Councilmembers or Board Trustees may feel compelled to respond to citizen comments, and thereby discuss and/or act on matters not on the Agenda.  Any discussion or action taken by a Council or Board that was not posted 24 hours in advance of a public meeting is contrary to the OMA. 

Examples of violations of the OMA with regard to a Public Hearing and a Public Comment are as follows:

Public Hearing:  The City has scheduled a public hearing in two weeks for a zoning change for a developer. The developer does not want to be at the public hearing when residents show up and object.  Instead, the developer comes two weeks early and under public comments wants to discuss his proposal. Citizens affected by the zoning change have a right to attend a public hearing and defend their position. The proper time and place for the developer’s comments is the public hearing.  If the City Council or Town Board hears and/or acts on the zoning change in the public comments section of the meeting, this would be a violation of the OMA. 

Public Comments:  A citizen complains during public comments about the condition of a neighbor’s property and the Mayor directs the City Manager to look into the issue and deal with it. The person most affected by the Mayor’s directive had no notice that the topic would be discussed publicly. By discussing and taking action without notice to the public, the Mayor may have violated the OMA.

This does not mean that citizens do not get an opportunity to address their elected officials – it just means that cities and towns are not required by law to allow public comments.  At the State and Federal level, there is no “open-mic.”  If a citizen has a concern at the State and Federal level, they call their legislator and express support, concerns and opinions.  This should be the same at the local level. 

Councilmembers and Board Trustees should keep in mind that OMA violations could result in criminal liability if it is found that the OMA was “willfully violated.”[vii] 

For cities and towns that continue to have “open mic” on the Agenda, the Board or Council should be diligent in making sure no responses from elected officials are allowed and no action is taken by elected officials in response to issues brought up during the “open mic.”

DISCLAIMER:  OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG members seeking legal advice should be aware that there may not be clear-cut answers on some of the issues. OMAG offers this guidance to help your municipality make informed decisions about policies and procedures, directly or indirectly until some of the issues can be decided by the Legislature or the Courts. If you have questions or concerns about the information contained in these articles, please email one of the attorneys in the OMAG Legal Department (see https://www.omag.org/legal-services for contact information).                                                                       

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[i] 11 O.S. §§43-104, 106

[ii] 11 O.S. §17-208

[iii] 2002 OK AG 44 and 1998 OK AG 45 and Minn. Bd. for Cmty. Coll. v. Knight, 465 U.S. 271, 284 (1984), (Policymaking organs in our system of government have never operated under a constitutional constraint requiring them to afford every interested member of the public an opportunity to present testimony before any policy is adopted.)

[iv] 2002 OK AG 44

[v] 25 O.S §302

[vi] 2020 OK AG 44 and “The Act is designed to ‘encourage and facilitate an informed citizenry's understanding of the governmental processes and governmental problems.’ 25 O.S.2001 §302. Because the Act was enacted for the public's benefit, it is to be construed liberally in favor of the public. I.A.F.F. Local 2479 v. Thorpe, 1981 OK 95, 632 P.2d 408. The Act serves to inform the citizenry of the governmental problems and processes by informing them of the business the government will be conducting. Advance notice to the public, via agendas, must 'be worded in plain language, directly stating the purpose of the meeting ... [and] the language used should be simple, direct and comprehensible to a person of ordinary education and intelligence.’ Andrews v. Independent School District No. 29 of Cleveland County, 1987 OK 40, 737 P.2d 929. Wilson v. City of Tecumseh, 2008 OK CIV APP 84, ¶10

[vii] See Okmulgee County Rural Water Dist. No. 2 v. Beggs Public Works Authority, 2009 OK CIV APP 51, ¶15 That said, "[a]ny action taken in willful violation of [OMA] shall be invalid." 25 O.S. §313. For purposes of §313, "[w]ilfullness does not require a showing of bad faith, malice, or wantonness, but rather, encompasses conscious, purposeful violations of the law or blatant or deliberate disregard of the law by those who know, or should know the requirements of the Act." Rogers v. Excise Bd. of Greer County, 1984 OK 95, ¶14, 701 P.2d 754, 761; In the Matter of Order Declaring Annexation Dated June 28, 1978, 1981 OK CIV APP 57, ¶29, 637 P.2d 1270, 1275. (Emphasis added.) Indeed, "the term 'willful' . . . include[s] any act or omission which has the effect of actually deceiving or misleading the public regarding the scope of matters to be taken up at the meeting[,] [and] . . . includes agency action which exceeds the scope of action defined by the notice." Haworth Bd. of Ed. of Independent School Dist. No. I-6, McCurtain County v. Havens, 1981 OK CIV APP 56, ¶10, 637 P.2d 902, 904. So, when a public body takes action without proper OMA notice, the action is invalid. In the Matter of Annexation, 1981 OK CIV APP 57, ¶¶30, 32, 637 P.2d at 1275; Haworth Bd. of Ed., 1981 OK CIV APP 56, ¶14, 637 P.2d at 904.) 

Tips on Working Remotely

Working from Home? Ten Tips for Staying Productive

Alan Greenblatt     |     Senior Staff Writer for Governing Magazine

Millions of workers, including government employees, will experience remote work for the first time. There are strategies you can adopt to stay on task when away from the office and co-workers. 

1. Work regular hours

   • Try to start your day at a set time, whether it's 8 a.m. or 9 a.m. Get into work mode during working hours.

2. Stay in touch with co-workers

   • There is such a thing as the "hive mind." You do miss out on internal communications by working remotely. That means you have to make an effort to stay in touch.

   • Even under normal circumstances, no one sends you a memo on "Key Office Gossip for March 17, 2020." Not every formal decision gets put into writing and then sent by email to you. In the current situation, when your office has suddenly gone virtual, be sure to check in with your colleagues frequently. Also, make sure your manager knows what you're doing and when. There are plenty of platforms that provide free conference call services. 

3. Make plans and lists

   • Working from home involves some self-motivation and discipline. Every Monday, I make a list of projects I'll be working on, including new story ideas I'm going to pitch and ideas that have been on the backburner that I don't want to forget about. Then, each day I make a mental list of projects I'm going to be working on - sending out interview requests for Project A, writing Project B, doing the reading for Project C, etc.

4. Be realistic, especially now

   • I try to break big projects into increments so that starting and working on them seems less daunting. If something's going to take a week or a month, I try mostly only to think about what needs to get done today.

   • These are bizarre circumstances. On the one hand, you're likely to have less-structured time for the foreseeable future. There's a chance to think big - maybe there is some big dream project you can finally get done. But all these tweets going around about how Shakespeare took advantage of a plague quarantine to write King Lear set the bar a little high. Especially this week, maybe just getting adjusted is all you can do.

   • Depending on how much you collaborate, you're likely going to be thrown off your game because your co-workers are adjusting also. People need to be realistic that a lot of workers will have to deal with kids. Your pace at the end of the month will likely be different than it is now. For now, take things you accomplish under trying circumstances as a win.

5. Take breaks

   • It's good to get up and walk around, especially in the afternoon. But don't take lots and lots of breaks throughout the day. Internet browsing is one thing, turning on the TV is something else entirely. Stay in a work rhythm and then get out of it occasionally. If you have a dog, the walk will provide a break and a chance to leave the confines of your house.

6. Skip the chores

   • Sorry, spouses. It's easy to throw in a load of laundry, but don't try to vacuum or multitask with housework too much. Your work and home lives are about to get hopelessly tangled, so try to keep them separate and stay on task. Errands can be a distraction, too, but for the most part, those won't be happening for a while. At the moment, disinfecting is a good idea anytime.

7. Dealing with kids

   • Not just working from home but also having children home from school is challenging. Still, the usual advice probably holds. When you're with your kids, be with them, playing or coloring or sharing other activities. When you're working, ask your kids to be patient. Many people will be easing household rules regarding screen time.

   • If you hope to be productive, don't let them bug you every five minutes. How successful you'll be will vary, depending on their age. But if you normally work in an office, you already have strategies for dealing with pesky people who try to interrupt you.

8. Touch base with friends

   • I like to send a note or a news link to a friend - a friend, not a social media account - once a day or so. People are not great about responding, but it's nice to think of your friends once a day. This helps at normal times with feeling isolated. It's going to be crucial in the days ahead.

9. Dress for the door, not for success

   • The stereotype about remote workers is that we sit around in pajamas all day. That doesn't happen, in my experience. For me, there doesn't seem to be much point in putting on the type of clothes that have to be dry cleaned. If someone knocks on the door, I'm dressed appropriately, if casually.

   • If it helps you get into work mode to dress like you're going to the office, go for it, but I doubt you'll want to keep this up too long. The point of dressing professionally is to show respect to the people you encounter, but if you're not encountering anyone, why bother? Video meetings are different.

10. Work hard, then turn it off

    • Everyone I know who works from home works more than they did at the office. There are fewer interruptions. It's also harder to "leave it at the office" when your computer is right there. You are spared the commute, but you also don't have that transition from work to home. It's easy to keep going, writing just one more email or completing one more task you just remembered.

    • Learn to shut it off. If you started at a regular time, end at a regular time. If you need to keep working, that's fine, but once you stop, try to be done. Treat it like caffeine, something you stop at some point in the day. Some people with kids will end up working most productively after dinner but otherwise try not to work or check email in the evening. Write down the things you know you'll need to take care of the next day and then trust the piece paper or your electronic notes to remember them, so you don't turn them over your head. 

    • If you're in the type of job that requires working every night, you're already used to having to keep going long after most people have switched to Netflix and chill. 

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Governing is operated as a virtual office. Our staff lives in five different states and three different time zones. We've made it work, and you can, too. Remote work does take some adjustment. Here are some habits and strategies that are drawn from my own experience in working from home for nearly a decade now.

Coronavirus Letter to Members & Partner Organizations

Valued OMAG Members and Partner Organizations,

As you are no doubt aware, coronavirus (COVID-19) is rapidly affecting more and more of our daily routines. To slow the spread of the virus, one of the key recommendations from the CDC is to practice “social distancing.” One aspect of “social distancing” involves allowing employees to work from home where possible.

We believe OMAG is well-equipped for most of our employees to work remotely with little to no disruption in our capability to serve our members. Accordingly, many of OMAG’s employees will be working from home either part or full time until the spread of the virus abates.

How will this affect you, our Members?

The answer is, for the most part, not at all. Here’s some of what’s changing and what’s not:

1. You will still be able to reach us at the same phone numbers and email addresses you always have

2. You will still be able to access our website and your information on our portal

3. We will continue to receive your faxes

4. We will be able to access the programs and systems we need to make policy changes, handle claims, etc.

5. We are suspending all meetings of groups at the OMAG offices

6. We are also suspending onsite training/activities at your municipality

Here’s how we can help you deal with #5 and #6 above:

1. Our IT Department can guide you through setting up Skype meetings so that your group can still meet – but through teleconferencing

2. Our Risk Management team can work with you to continue training using other means than onsite classes

To speak with someone in IT for assistance in setting up a Skype meeting for your group that may have been meeting onsite at OMAG, email itsupport@omag.org.

To speak with someone in Risk Management for assistance with alternative training opportunities, contact your regular Risk Management Specialist or Law Enforcement Specialist or email btackett@omag.org.

All our contact information can be found at www.omag.org.

We look forward to continuing to serve you and we are committed to providing you with the same excellent service during this disruptive period. Thank you for being a valued OMAG Member.

Your OMAG Team

Parks, Playgrounds & Recreation Facilities Inspections

Parks and Recreation facilities are in most every city and town for the enjoyment of their citizens. Many are featured as being one of the gems of the community; a value-added-service managed and maintained by the municipality. But if we do not keep these facilities up through inspection and maintenance, they can become a safety concern and blacken the eye of the municipal government and staff.

Inspection

Routine inspections should be done on a periodic basis to help the municipality identify potential hazards that need to be corrected. These inspections may differ depending on the amount of use a particular facility gets. For example, playground facilities should be inspected monthly and maybe more frequently in the pleasant weather months, where ball fields may just need to be inspected once or twice per year just before their particular season begins. Picnic facilities may only require an inspection once per year, however, train workers doing mowing or weed-eating to report any damages they observe to facilities at any time they encounter a need for repairs. Inspections must be documented: the date of inspection, who inspected the facility, what was the outcome of the inspection, and what is the plan for repair or improvements.

Maintenance

Maintenance should be performed on a routine basis to ensure facilities and equipment are in good repair. Equipment may need to be repaired or replaced. High-use areas like under the swings and slides or other fall zone areas on a playground may need to be raked and leveled on a weekly basis. As was mentioned in the January 2020 newsletter, lake or pond docks need to be inspected on at least an annual basis. All maintenance must be documented using dated/signed checklists or work orders, detailing the type of work that was performed.

Signage

Signs warn of danger, they provide information, and they instruct users about expected or prohibited behaviors. Signs must also be regularly maintained. If signs cannot be read or understood because of poor maintenance they are useless and may create a safety issue for employees or citizens.

Failure to warn park and recreation users is an issue which could determine a safety concern in the case of injury or damage. The law provides some immunity for these activities except in situations where, among other things, the municipality failed to exercise reasonable care to warn of a dangerous condition and the risk involved.

In general, signs should use clear language so people can understand the rules and the risks.

Signs should:

• Use bold print

• Use simple, short sentences and words

• Use plain lettering

• Use warning words (i.e. Danger- High Voltage, Warning- Submerged Obstacles, Caution- Sharp Edges)

• Include symbols or pictographs when appropriate. They are more effective than words in overcoming language, social, or cultural barriers.

Sometimes the use of devices such as barricades, fencing, or warning tape may be needed. They are typically more effective when used along with signage and can be beneficial in physically separating the hazard from the general area. Municipalities should consider using warning devices to block off hazards deemed extremely dangerous, as well as newly developing hazards such as trails where the ground is starting to erode.

For detailed information about playground equipment inspections, go to our webpage at www.omag.org and download the Playground Inspection Manual in the Public Works section of the website.

Municipal Employers and the Coronavirus - Be Flexible!

With Spring and Summer approaching, many of your employees will be travelling outside the State for vacation and then returning to work and potentially spreading the virus at work. As explained in Municipal Employers and the Coronavirus – Just the Facts! there is much more to learn about the transmissibility, severity, and other features associated with the Coronavirus and investigations are ongoing.

As a public employer there are many practical and legal issues to consider when deciding whether an employee can return to work after out of state travel.  On one hand, public employers must manage and maintain a health, safe and sanitary work environment for all employees.  On the other hand, employees have a right to use their vested benefits, like vacation leave, on their own terms without interference from their employer.

What is the best way for a municipality to weigh the rights of the public employer and the public employee?

• The key is communication and flexibility. 

Although the municipality cannot dictate how employees use their leave or where employees travel outside of work, municipalities can proactively caution employees about the consequences of travelling out of State. This can be done through a memo or policy from the City Manager or governing body which would set (1) explain to employees that the municipality is taking this seriously and the steps being taken by the municipality to reduce the exposure to employees and (2) the potential consequences of employees travelling to travelling while on personal leave. (See sample memo at end document)

The City should use caution when requesting medical information from employees to avoid any issues with the Americans with Disabilities Act. Before questioning an employee about potential exposure or medical conditions, the municipality must have enough facts to determine if there is a reasonable concern that the employee poses a threat to themselves or co-workers. 

• Have you traveled out of the State or Country?

• Have you traveled to a Country with a Level 2 or 3 advisory as defined by the CDC?

• Do you have any other reason to believe that you have been exposed to the COVID-19?

• If you have been potentially exposed, do you have flu like symptoms?

If an employee can answer any of these questions in the affirmative then the municipality should engage in a process with the employee to determine whether a self-quarantine should be implemented and whether the employee should use accrued leave to cover the absence from work or a possible remote-working accommodation. 

Given the uncertainty of the "coronavirus disease 2019" (COVID-19), and the fact that the seasonal influenza (flu) virus is also widespread, the City is taking proactive steps to address a number of business concerns. First and foremost, we want to maintain a safe workplace and encourage and/or adopt practices protecting the health of employees, or others. We also want to ensure the continuity of business operations in the event of a pandemic.

We ask all employees to cooperate in taking steps to reduce the transmission of communicable diseases in the workplace. Employees are reminded of the following:

• §  Stay home when you are sick.

• §  Wash your hands frequently with warm, soapy water for at least 20 seconds.

• §  Cover your mouth with tissues whenever you sneeze, and discard used tissues in the trash.

• §  Avoid people who are sick with respiratory symptoms.

• §  Clean frequently touched surfaces.

The City will provide alcohol-based hand sanitizers throughout the workplace and in common areas. Cleaning sprays and wipes will also be provided to clean and disinfect frequently touched objects and surfaces such as telephones and keyboards.

Employees are encouraged to use telephone and video conferencing instead of face-to-face meetings as much as possible during this outbreak. IT support services are available to employees who need assistance with this technology.

It is critical that employees do not report to work while they are experiencing respiratory symptoms such as fever, cough, shortness of breath, sore throat, runny or stuffy nose, body aches, headache, chills or fatigue. Employees who report to work ill will be sent home in accordance with these health guidelines. We provide paid sick time and other benefits to compensate employees who are unable to work due to illness.

The City cannot prevent employees from travelling to affected areas for personal reasons, but the City may request that the employee self-quarantine for a prolonged period before returning to the workplace.  Employees will be able to use accrued sick leave and/or vacation leave.  The City will also consider on a case-by-case basis, requests from employees to work from home.  While not all positions are conducive to telework, those positions with primary job duties that can be effectively performed remotely will be given consideration.

DISCLAIMER:  OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG offers this guidance to help your municipality make informed decisions about policies and procedures until some of the issues can be decided by the Legislature or the Courts. You should always consult with your City Attorney before taking any actions based on this guidance.  If you have questions or concerns about the information contained in these articles, please email one of the attorneys in the OMAG Legal Department (see https://www.omag.org/legal-services for contact information).                                

Special Events and Use of Facilities Exposure

The responsibility to respond to our members' coverage questions and provide coverage interpretation primary falls on OMAG’s Underwriting and Member Services Departments with support provided by OMAG’s Legal and Risk Management Departments. Providing a clear and consistent response to these inquiries is always our goal.

Our members occasionally ask “Are we covered for special events that take place in our municipalities? What if someone is injured in our park or one of our buildings when these special events take place? What if we lease our park or a building to a private group? 

OMAG has prepared a loss bulletin to assist our municipalities in identifying the various areas of liability created under these circumstances and to provide suggested ways to avoid the risk entirely or to shift the risk primarily to more appropriate persons or entities. Please take a moment to review the loss bulletin attached and share it with your municipal administrator and board.

Special Events and Use of Facilities Exposure Loss Bulletin                                                         

OMAG frequently receives inquiries from its member cities and towns (“municipalities”) concerning liability for special events.   Questions arise regarding city/town liability to someone injured while on the premises of municipal facilities, such as parks, auditoriums, or fairgrounds. Is a municipality’s liability any different when the municipal facilities are leased to third parties for special events such as firework displays, arts, and crafts festivals, rodeos or carnivals?  The purpose of this bulletin is to assist member municipalities in identifying the various areas of liability created under these circumstances and to provide suggested ways to avoid the risk entirely or to shift the primary risk to more appropriate persons or entities.

Hold Harmless Agreements and Certificates of Insurance

Many municipalities require every group that exclusively uses a public facility, to provide a Certificate of Insurance and Hold Harmless Agreement as a method of protecting the municipality from future claims or lawsuits.  In the event the group has an insurance policy, the city or town should require that it be named as an “Additional Insured” under the Certificate of Insurance.

The purpose of requiring the Certificate of Insurance is to make certain that the group has the financial means available to compensate an injured person.  Naming the municipality as an additional insured gives the municipality the ability to seek coverage under the policy should the primary insured fail to do so.  If the injured person can recover for his injuries from the group through the separate insurance policy, the injured person is less likely to look to the municipality for compensation.  Conversely, if the group has no means of compensating the injured person through its own insurance policy or otherwise, then the injured person will likely look to the municipality for the payment of its costs and expenses arising from their participation in the event.

A Hold Harmless Agreement executed by a group alone, while helpful, may prove to be of little value if the group has no financial resources to pay for defense costs or a judgment.    For this reason, it is important that the group also provide a Certificate of Insurance demonstrating its ability to defend and pay for any injuries.  OMAG can provide sample language of a Hold Harmless Agreement on request. (See the publication - Hold Harmless Agreements and Certificates of Insurance).

Lease of Municipal Facilities

The municipality may be asked to lease its facilities to a private group so that it can hold its own activities such as a rodeo, stock car race, or a baseball tournament.  What duty of care is owed to the participants of these special events?  Does it matter whether the private group is for-profit, not-for-profit, incorporated or non-incorporated?  

If the municipality’s participation is limited to leasing or provided the location owned by the municipality, then absent a defective condition in the leased premises existing at the time of the lease and knowledge of that defect by the municipality, the municipality acting as a lessor of the premises is not liable for injuries to third parties.  

A municipality can limit its liability exposure by leasing its municipal facilities to private groups when the municipality gives up its control over the premises.  The only liability exposure would come from the municipality’s knowledge of a dangerous condition which it failed to make known to the lessee.

The legal status of the private group that leases the facilities from the municipality, whether it be a not-for-profit group, a corporation or association, makes no difference and is irrelevant when it comes to the issue of liability.  Liability will attach to a municipality if its negligence can be shown to have directly caused injuries to another.  It is important that a municipality adequately insulate itself from liability by using the methods discussed herein.

City and Town-Sponsored Special Events

If a person is injured at a special event which the city or town-sponsored, they will be looking for someone to pay for related costs and expenses arising from their participation in the event.  Will the city or town, or the local service club which promoted the special event be liable or legally responsible for the person’s injuries?  There is no clear answer.  The facts of each situation are going to determine who is liable.  Whether the city or town is liable will depend upon various factors such as:  did the municipality exercise control over the event; did municipality support the event with public funds or in-kind services by volunteering its employees; did the municipality own, maintain or operate any of the equipment or amusement devices.  

Due to the inability of service clubs or organizations to get liability insurance coverage today, many municipalities are being asked to take over the special events so that the municipalities’ insurance coverage will be available to pay for any injuries which may occur during the event.  In particular, some municipalities have been asked to take over the set-up and discharge of fireworks or the operation of carnival rides.  Most municipalities probably have no experience whatsoever in assuming these duties, their associated risks, or safety requirements.  Asserting that a municipality only agreed to sponsor a special event is no defense to a damage suit where it can be shown that the municipality was negligent in its involvement.  OMAG recommends that member municipalities not accept this added exposure to sponsor special events due to the extraordinary nature of the risk involved.

Summary

There are several ways in which to protect your municipality from liability when groups or organizations want to use your public facilities.  It is suggested that Hold Harmless Agreements and Certificates of Insurance be required of such organizations.  Another way to protect the municipality is to lease the premises to the group for its intended purpose and then step away from further involvement with the event.

It is certainly not recommended that municipalities volunteer to sponsor or operate special events in an effort to lend its liability coverage to private organizations that previously sponsored, operated or held special events.  Often times, the municipal employees are inadequately trained or experienced to take on additional responsibilities.  Then, if people are injured, the inadequate training of employees may itself be argued to be a violation of a duty of care owed to the injured parties.

Special Events and Use of Facilities Exposure revised by OMAG Associate Counsel.  The information in this bulletin is intended solely for general informational purposes and should not be construed as or used as a substitute for legal advice or legal opinions with respect to specific situations since such advice requires an evaluation of precise factual circumstances by an attorney. OMAG does not represent or endorse any group, site or product that may be mentioned in this article.                                                                                                                   

March 2020

Common Electrical Hazards in the Workplace

According to OSHA, electrocution is one of the most common hazards in construction jobs. Identifying electrical hazards can help raise awareness of the risks, their severity, and how electricity can harm employees. Here are seven of the most common electrical hazards in the workplace and tips on what you can do to mitigate these risks:

1. Overhead Power Lines- Overhead powered and energized electrical lines have high voltages which can cause major burns and electrocution to workers. Remember to maintain a minimum of 10 feet from overhead power lines and nearby equipment. Do site surveys to ensure that nothing is stored under overhead power lines. Also, install safety barriers and signs to warn workers of the hazards present in the area.

2. Damaged Tools and Equipment- Exposure to damaged electrical tools and equipment can be a risk of electrocution. Do not attempt to fix or repair anything unless you are qualified to do so. Thoroughly check for cracks, cuts, and abrasions on cables, wires, and cords. If you find any defects label the equipment as “defective” and take it out of service, notifying your supervisor that it needs to be repaired or replaced. Lockout/Tagout procedures should be performed at all times before commencing electrical maintenance and repairs.

3. Inadequate Wiring and Overloaded Circuits- Using wires with inappropriate size for current can cause overheating and fires in electrical equipment. Use the correct wire suitable for the operation and the electrical load to work on. Use the correct extension cord designed for heavy-duty use. Do not overload an outlet by using outlet adaptors. Perform regular fire risk assessments to identify areas at risk of bad wiring or circuits.

4. Exposed Electrical Parts- Examples of exposed electrical parts include temporary lighting, open power distribution units and detached insulation parts on electrical cords. These hazards can cause potential shock and burns. Secure these items with proper guarding mechanisms and always check for any exposed parts to be immediately repaired.

5. Improper Grounding- The most common OSHA electrical violation is the improper grounding of equipment. Proper grounding can eliminate unwanted voltage and reduce the risk of electrocution. Never remove the metallic ground pin from a plug, as it is responsible for returning unwanted voltage to the ground.

6. Damaged Insulation- Defective or inadequate insulation is not only an electrocution hazard but a fire hazard. Be aware of damaged insulation on wiring and cords and report it immediately. Take the equipment out of service until repaired or replaced. Never attempt to just cover the damaged insulation with electrical tape.

7. Wet Conditions- Never operate electrical equipment in wet locations, unless you have the proper training and personal protective equipment. Water greatly increases the risk of electrocution, especially if the equipment has damaged insulation.

Knowing your limits and applying the best electrical safety practices can help reduce the risk of electrical shock and death. It is safer to work within your scope of expertise and leave electrical work to the people trained specifically for it. If you are not confident to do the job, don’t hesitate to call for help from a qualified authorized person. Use checklists when applying electrical safety practices; don’t rely on your memory (“Did I flip that switch? or Did I unplug that?”). The checklist is a powerful tool to ensure your safety when working on or near electrical equipment hazards.

Basic Electrical Safety

We all rely on electricity, but sometimes underestimate its capability to cause injury. Even common household current (120 volts) can stop your heart. Municipal staff need to be aware of the hazards electricity poses, such as shock, fire, and explosion, and either eliminate or control those hazards in their work environment.

Shock (Electrocution)

Electrical shock happens when current passes through the body. Electricity travels through closed circuits, and people sometimes tragically become part of a circuit. When a person receives a shock, electricity flows between parts of the body or through the body to ground. This can happen if someone touches both wires of an energized circuit, touches one wire of the circuit while standing unprotected, or touches a metal part that has become energized. Electrocution refers to the injury or lethal dose of electrical energy. Electricity can also cause forceful muscle contractions or falls. The severity of the injury depends on the amount of current flowing through the body, the current’s path through the body, the length of time the body remains in the circuit and the current’s frequency.

Fire/Explosion

Electrical fires may be caused by excessive resistance that generates heat from the following:

• Too much current running through wiring where overcurrent protection fails or does not exist

• Faulty electrical outlets resulting in poor contact or arcing

• Poor wiring connections and old wiring that is damaged and cannot support an electrical load

An explosion can occur when electricity ignites a flammable gas or combustible dust mixture in the air. Ignition from a short circuit or static charge is possible.

What you need to know

Electrical Safety Basics

• Don’t work with exposed conductors carrying 50 volts or more

• Make sure electrical equipment is properly connected, grounded, and in good working order

• Extension cords are not to be used as permanent wiring for an appliance or piece of office equipment. Plug them straight into an outlet. Extension cords should be unplugged and removed when not in use

• Surge suppressors with built-in circuit breakers may be used long-term, but don’t use all of the outlet plugs on the device

• High amperage equipment such as space heaters, portable air conditioners, copiers, etc. must be plugged directly into a permanent wall outlet

• Do not access, use, or alter any building’s electrical service, including circuit breaker panels, unless you are specifically qualified and authorized to do so

• Wet environments increase the risk of electrical shock. Use the proper personal protective equipment and tools when working in or with water

Housekeeping and Maintenance

• Keep all combustibles and flammables at least 36 inches away from heat-producing sources like hot water tanks, circuit breaker boxes, and HVAC units in your storage closets/rooms

• Make sure all circuit breaker spaces are plugged if they don’t contain a circuit breaker and that the panel door remains closed when not being serviced

Avoid Activities that Require Training Unless You Have Training

• Working with exposed conductors carrying more than 50 volts

• Making repairs or alterations to electrical equipment

• Bypassing or removing safety guards/barriers of any equipment that utilizes electricity

• Using tools or a meter to measure for the presence of electricity

• Resetting a tripped breaker or a blown fuse

Grounding

To prevent electrical hazards, always make sure equipment is properly grounded. Electrical grounding provides an alternate path for electricity to follow, rather than going through a person. Equipment with a grounding prong must be plugged into an outlet or extension cord with a ground; the grounding plug should never be removed from equipment in order to plug it into a non-grounded outlet.

Wet Locations

When using electricity in wet or damp places, a Ground Fault Circuit Interrupter (GFCI) must be used. The GFCI ensures that any electrical shock will be brief. Although painful, it wouldn’t be fatal because the GFCI creates a ground fault or leak in the current. GFCI’s should be installed near any sinks or water receptacles that have an electrical outlet within 4 feet of the water.

Lockout/Tagout

When servicing and maintenance tasks involve electricity and electrical equipment, you must prevent unexpected startup of equipment. Always utilize lockout/tagout procedures before beginning work on equipment with electricity.