Staying Safe on Ladders and Scaffolds

Hundreds of workers are injured or killed every year from accidents on ladders and scaffolds. The good news is most ladder and scaffold accidents are preventable. Most of these accidents are either caused by risky behavior like over-reaching or from faulty setups of the ladder/scaffolding. These mistakes can be corrected.

You have the power to prevent ladder and scaffolding falls. Begin by implementing these 5 steps:

• Inspect equipment before use

• Follow manufacturer’s instructions and follow safety rules

• Use common sense

• Avoid risky behaviors like over-reaching, climbing too high, rushing movements, etc.

• Report safety problems (broken/malfunctioning equipment) immediately to a supervisor or safety coordinator

Don’t let these types of accidents happen to you or your staff:

• A worker was standing on top of a stepstool, which shifted and caused him to fall. He suffered a spinal cord injury and was off work for 4 months. It wasn’t even a long fall.

• A worker failed to secure his extension ladder to the top of a 20 ft. wall and he fell to the ground when the ladder slipped away from the wall, resulting in his death.

• Two men were working on an atrium when their scaffold collapsed. They fell to a concrete deck. One man was dead on arrival at the hospital; the other was in critical condition.

Practicing the 5 steps above could have prevented all these accidents.

Ladder Dos & Don’t’s

• Do make sure ladders are secured firmly at the top and bottom and supports are locked in

• Do make sure device is on a level surface

• Do use a 4 to 1 ratio; bottom of ladder should be 1 foot away from wall for every 4 feet of ladder height

• Do always face the ladder when climbing up or down

• Do have at least 3 feet of ladder extended past the top of wall/roof; secure it

• Do pay attention to the weight limit ratings listed on the ladder label

• Don’t place a ladder against a weak surface like a window

• Don’t use metal ladders near live electrical lines

• Don’t set ladders on boxes or other objects

• Don’t get on a ladder if another person is on it

• Don’t work on a ladder when there is a strong wind

• Don’t reposition a ladder while you are on it

If your job requires you to work at heights, OSHA and your employer require you to follow safety guidelines for your protection.

3 Fall Protections Systems: (one or more of these should be in place when workers are working from heights)

Guardrails (barriers between workers and the upper level edge)

• At least 42 inches high

• Able to withstand force of at least 200 lbs.

• Materials won’t puncture skin or snag clothes

Safety nets (catch you if you fall)

• Must be no more than 30 ft. below elevated workers or area

• Have strong rope border with mesh openings smaller than 6 inches per side

• Be strength tested by dropping 400 lbs. (30-inch diameter sandbag)

• Inspected weekly for wear, damage, and deterioration

Personal fall arrest system (harness/tethers)

• Body harness connected to a fixed anchor by lanyard, lifeline, or deceleration device

• Cannot be used to hoist materials

• Must be inspected before and after use

• Self-locking, self-closing connectors

• Anchor must support at least 5,000 lbs. per attached employee

• Cannot connect to platform supports or suspension points, guardrails, or hoists

• Avoid connecting to rough edges

• Do not connect with a hitch knot

OSHA Requirements for Scaffolds

1. Scaffolds must be made of metal or stress-grade lumber

2. Cross bracing is required for metal scaffolding

3. Guys, ties, or braces are required to keep supported scaffolds from tipping over

4. Supported scaffolds must bear on base plates and mudsills

5. Scaffold platforms and walkways should be at least 18 inches wide

6. Supported scaffolds must be able to hold at least 4 times the intended load

7. Ropes for suspended scaffolds must be able to carry 6 times their intended load

8. Scaffold must be erected a safe distance away from powerlines

9. Safe access to scaffold platforms must be provided (i.e. ladders, ramps, steps)

10. Fall protection is required for work more than 10 feet above a lower surface

11. All scaffolds must have guardrails or personal fall arrest systems to prevent falls

12. Top rails must be 38-45 inches above the platform and able to support a minimum of 200 lbs.

13. Toe boards at least 4 inches high are required on open sides to keep tools and materials from falling

14. Screens must be used between guardrails and toe boards if people will be passing underneath the scaffold

15. Debris nets, catch platforms, canopies, or barricades are necessary if people are passing beneath scaffolding

16. Employees working below scaffolding are required to wear hard hats

To keep workers safe make sure they are properly trained on the hazards of working at or around heights. Teach them to inspect their equipment and report broken or malfunctioning equipment. Have available and use the proper PPE, and keep equipment clean and properly functioning. Practicing safe work behavior before someone gets hurt prevents someone from getting hurt.

5 Common Playground Hazards

Playgrounds should be a safe place for kids to play. OMAG Risk Management Services performs playground inspections for our municipalities at no charge. Consider getting your playgrounds inspected to ensure your parks and recreation facilities are safe from these common hazards: 

Falls - Kids are prone to falling as they are still developing balancing skills. One way to protect them from falls is to follow safe use zones. Each piece of playground equipment has a use zone which gives a specific fall height. It is important to know these guidelines and follow them. 

Entrapment - Strangulation due to head/neck entrapment after a feet first entry into an element is the number 3 cause of death on playgrounds. All openings must be tested to admit both feet and the head. No opening should measure between 3 ½ inches and 9 inches on any structures. 

Crush & Shear Hazards - These injuries can occur at the juncture between 2 or more playground elements that have movements relative to each other and lack the recommended clearance between parts. It is important to have your playground inspected by a trained professional who will take notice of these types of hazards. 

Protrusions - A rigid projection becomes a protrusion hazard when it extends beyond the recommended ASTM standard, which is measured by placing 3 projection test gauges over the protruding bolt, fastener, step, or handle. 

Trip Hazards - These include deep pits/cracks in degraded poured-in-place rubber surfacing, clumps/folds of geo-fabric, exposure of the layer beneath engineered wood fiber surfacing when the wood mulch is scattered, and the tops and edges of concrete footings exposed due to the wearing away of safety surfacing. 

For a more detailed description of playground safety specifications go to www.omag.org (OMAG’s webpage), click on “free services” then “public works”, then under SAFETY DOCUMENTATION click on “The Playground Inspection Manual” and open the document icon found in the lower-left corner of your computer screen. This manual can be printed out or downloaded onto your computer or a flash drive. 

Executive Order No. 13929

In June President Trump issued an Executive Order requiring certain standards to be met prior to receiving federal funding through the Department of Justice (DOJ). DOJ pushed out information last week that established guidelines within the Executive Order. Within the process, DOJ has selected the Oklahoma Law Enforcement Accreditation Program (OLEAP) as the credentialing body for our state. This is the accreditation program managed by the OACP.

Many of our Chiefs recently received an announcement from the Department of Justice on President Donald J. Trump’s recent Executive Order No. 13929. The information included guidelines for all law enforcement agencies that receive Department of Justice discretionary grant funding. This action requires any state, local, tribal, and university or college law enforcement agency that has obtained (or are in the process of seeking) credentials to certify that they meet certain mandatory and discretionary standards for safe policing. The Oklahoma Law Enforcement Accreditation Program (OLEAP) operates under the authority of the Oklahoma Association of Chiefs of Police (OACP) and is recognized by the US Department of Justice as the credentialing body for Oklahoma.  

This process must be completed and reported to the DOJ by January 31, 2021. Fortunately, the OLEAP has developed the credentialing process and the time to initiate this process is NOW. You can review the process and download the form from the OACP website at https://okchiefs.org/executive-order-13929

Considering Ross v. City of Owasso

Release or Not Release – That is the Question Considering Ross v. City of Owasso and its Effect on the Confidentiality of Personnel Investigations Under the Open Records Act

November 25, 2020 | Monica Coleman

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What’s the point of the Open Records Act?  The purpose of the ORA is to ensure and facilitate the public’s right of access to, and review of, government records so they may efficiently and intelligently exercise their inherent political power.  51 O.S. §24(A)(2).  The burden is on the public agency seeking to deny access to show a record should not be made available. 

Unless a record falls within a statutorily prescribed exemption in the ORA, the record must be made available for public inspection.  The public body urging an exemption has the burden to establish the applicability of such exemption. 

Under the ORA, there is an exemption that “A public body may keep personnel records confidential . . . [w]hich relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation.”  51 O.S. §24A.7(A)(1).  Section 24A.7(A)(2) provides an exemption to record production “where disclosure would constitute a clearly unwarranted invasion of personal privacy.”  Finally, Section 24A.7(B) provides that “all personnel records not specifically falling within the exceptions provided in subsection A of this section shall be available for public inspection and copying.”

Note the permissive language in Section 24A.7(A)(1) where “may” is used.  “May” is a permissive word indicating discretion rather than mandate.  Therefore, under Section 24A.7(A)(1), a public body has the discretion to decide whether or not to keep confidential any records that relate to internal personnel investigations as delineated in the statute.  Generally, it is the “public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government.”  51 O.S. §24A.2.

In Ross v. City of Owasso, the Oklahoma Court of Civil Appeals was faced with answering the question concerning whether the City of Owasso abused its discretion when it refused to release a copy of an investigative report (the Fortney Report) concerning Owasso’s City Manager and potentially criminal acts and violations of City policy he may have committed.  The City argued that if the behavior of a public official is not criminal, but, merely “unethical/questionable,” this creates a public policy interest in the City keeping any investigation of the behavior secret, and indicates the lack of a public “need to know” under the Act. 

While it’s a fine distinction, it is a distinction nonetheless, that the focus of the Court wasn’t really the reported conduct of the City Manager, so much as it was the potentially inappropriate expenditure of public funds when the governing body paid him a sizable severance when they could have terminated him for cause and paid him nothing.  Ross’s request was not intended for general investigative or journalism purposes.  Ross ¶20.  The Court determined that Ross’s request involves a central matter of good governance – the allegation that substantial public funds were improperly expended paying a severance package to the City Manager because the City Manager’s contract explicitly required the forfeiture of any right to severance pay if his employment was severed for cause.  Ross ¶20.  The report would have provided answers regarding the City Council’s ability to terminate the City Manager for cause as a result of the investigation.

The Court applied a “balancing test and determined that the balance in this case clearly favored disclosure.”  Ross ¶21.  “The records request involved a high-profile employee in an official position, not routine day-to-day personnel employment matters.  It involves specific questions of why the City Manager, who was accused of misconduct, was granted a substantial severance package, paid for by the taxpayers of Owasso, instead of being fired.  In short, it is a “core” Open Records matter going directly to questions of the legitimacy of the Mayor and City Council’s good governance and use of funds, and the citizen’s inherent political power to inquire into these matters.” Ross ¶21

“Because the City identified no valid privacy, state, or public interests in withholding the Report, the Court found it should be disclosed under the Open Records Act.”  Ross ¶21.

In Ross, the Court held that the City had failed to meet its burden to show that it had a valid basis under the Open Records Act to show why the records should not be made available.  Ross ¶22.  So, an important takeaway from Ross is that the public body must give a reason for not producing the requested record.  This means that the public body must have an official ruling on any record request where records are not going to be released.  If the request is made in a Council-Manager form of government where the City Manager has the authority over personnel matters, then it seems more prudent for the City Manager to make that official reason for refusing to produce records that are deemed confidential under the Act.  This will avoid the governing body from being placed in a position of violating the law by encroaching into personnel matters that are not their area to be in.

In sum, what was Ross really about?  It was about the public’s right to know how its governing body was spending the public’s money.  It had little, if anything, to do with the fact that the City Manager was terminated and more to do with the reasons underlying his performance and the governing body’s interest in removing him.  Public monies were spent when there was a contractual mechanism for paying him nothing.  That was the central point of focus for the court and one that tipped the scales in favor of release of the records.

So, what are the options available to public bodies considering the ruling in Ross?

• The public body could just give up the records.  That ends the matter and favors the public’s right to information. 

• Sometimes, release could open other issues such as Constitutional rights violations.  Under those situations, maybe it is best to fight to keep the records confidential.  The City Attorney will have to defend in these situations in court.  This means it is likely the court will want to review the records and decide for itself whether the records should be released.  This means that the Court will conduct an in-camera review and privately determine whether to release the records.

• If the Court determines the records should be released, or perhaps the parties decide to release cooperatively, a protective order can be put in place to protect the records from being used beyond the intended purpose of the request.

• Cities with collective bargaining or other appeal/grievance procedure, may have a defense that the discipline is not final until it has run through the grievance and/or appeal procedures.

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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. 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).

Workplace Violence & Security: Are Your Employees Safe?

Is your office, shop, or plant prepared to deal with a workplace violence incident?  Are your field workers?  If you aren’t sure or think it is unlikely to occur, consider this: According to OSHA, some 2 million American workers are victims of workplace violence every year.  Workplace violence can strike anywhere and anytime, and no one is immune.

Workplace violence can take place at or outside of work. It is defined as violence or the threat of violence against workers. Violence in the work environment can range from threats, verbal abuse, harassment, to physical assault and homicide.

Certain workers are at higher risk according to OSHA.  These include, but are not limited to, workers who exchange money with the public, who work alone or in small groups, and who work early in the morning or late at night. Also, workers in certain industries (healthcare, social services, municipal utilities, law enforcement, retail, and in-home installations) are at increased risk.

It is important to acknowledge workplace violence as a real threat and take it seriously. The best protection employers can offer is to establish a zero-tolerance policy toward workplace violence against or by employees. OSHA advises employers to create a Workplace Violence Prevention Program (OSHA/PEOSH standards) and ensure all employees are trained on it and thoroughly understand policies and procedures concerning it.

Here are some other tips for keeping workers safe:

• Provide safety education for employees so they know what behavior is and isn’t acceptable in the workplace environment.

• Consider installing video surveillance, extra lighting, and alarm systems.

• Minimize access by outsiders to your facilities by using ID badges, electronic keys, and if necessary, security guards.

• Recommend field staff and employees working alone have cell phones and handheld alarms, requiring them to check in regularly.

• Instruct workers to never enter a location that they feel may be unsafe.

• Train employees on your workplace violence procedures annually and remind them frequently to keep their eyes and ears open and report anything that makes them feel awkward, uncomfortable, or unsafe. Even if they don’t experience it but saw or heard it they must report it!

Workers need to know employers have a system in place for their protection. It is critical to ensure all employees know the policy and understand that all claims of workplace violence will be investigated and dealt with promptly.

The Changing Role of Law Enforcement

De-escalation is the PROCESS of using STRATEGIES and TECHNIQUES intended to decrease the intensity of an escalating situation.

Keeping communities safe and enhancing officer skills and safety is of paramount importance for law enforcement, thus there is an ever-growing emphasis on the continued need to leverage de-escalation tactics. How law enforcement officers perform this obligation and how their actions are perceived by the community sets the foundation of their legitimacy in the eyes of the public. Focusing on this need for de-escalation will help facilitate trust within the community and reduce violent physical encounters.

De-escalation is not new, and officers have used it in its many forms since policing started. De-escalation saves lives and careers every year, but with complex and ever-changing societal conditions, law enforcement must evolve, grow and adapt to do it better today than they did yesterday.

OMAG has two Law Enforcement Specialist that have been Providing De-Escalation Training since 2008 with the use of a Shooting Simulator.  In 2018 they expanded De-Escalation training by adding ICAT (Integrating Communications Assessment and Tactics) training.   Since 2018 after providing ICAT training we have seen a positive change in how officers react to handling subjects who may have a mental disorder or subjects in crises when using the Shooting Simulator.

If your police department is interested in hosting the ICAT De-Escalation Training or the shooting simulator at your department or in your region please contact Billy Carter at wcarter@omag.org or Kevin McCullough at kmccullough@omag.org for additional information.

Reducing Inflow and Infiltration in Wastewater Systems

Stormwater flowing into a municipality’s sewer system through low gully traps, illegal connections, broken pipes, and unsealed manholes can cause overflows, system strains, and interruptions in your sewer operations. This is known as Inflow and Infiltration; aka I&I.

Why bother to fix Inflow & Infiltration?

By identifying I&I early and reducing their levels, municipalities can benefit from:

1. Reduced localized overflows: Through the management of overflows from manholes during rainfall, controlled overflow points, pump stations, and treatment plants.

2. Improve operational efficiencies: I&I reduces the sewer system capacity, limiting the potential for growth within a specific catchment.

3. Reduced ongoing costs: I&I results in clear water being pumped and treated along with wastewater, contributing to increased costs.

How to identify whether you have an I&I problem

Councils and water authorities can identify whether they have existing I&I issues within their system by looking for these indicators:

• Pumps run for hours and inflows increase significantly during storm events

• The hydraulic loading of wastewater treatment plants increases significantly after a rain event

• Localized overflows occur within a collection system during a heavy storm event

• An increase in inflow during dry weather conditions compared to previous months

Steps to reduce I&I within your wastewater system

First, identify the general vicinity of the issue through flow monitoring. Then identify the exact problem, locate the area(s) where it is occurring, and introduce measures to improve the situation.

The following steps provide a simple overview of an I&I reduction plan that can assist in identifying various stages associated with reducing I&I in a wastewater system:

1. Targeted monitoring – monitoring wastewater flows within the system

2. Identifying the problem – is it inflow or infiltration?

3. Source detection – where is it occurring within the system?

4. Rehabilitation – what can be done to reduce or eliminate the problem(s)?

Source detection

A few ways to detect the sources of I&I include:

Private Inspections – after receiving and documenting permission from property owners, inspecting private properties consists of visual assessments of the stormwater and wastewater networks within a property. Illegal connections could mean that a stormwater down pipe is directly connected to a wastewater gully trap.

Manhole Inspection – Manhole inspections can identify leaks from broken pipes, and joints due to tree root intrusion or design issues. Manholes can contribute to significant I&I through leaky covers as well.

Smoke Testing – Smoke testing locates I&I sources by identifying stormwater drain cross connections, broken pipes, and laterals, or unsealed manholes.

Dye Testing – Dye testing can be used to identify leaks and confirm smoke test results. The method uses water mixed with a non-toxic dye. The colored water Is pumped through the ground and storm water system and appears in the sanitary sewer collection system where leaks and illegal connections occur.

CCTV (closed circuit television) cameras – CCTV allows authorities to visualize the inside of pipes by using a small camera that travels down the length of a pipe to produce a visual representation of its condition. CCTV inspections can reveal the need for rehabilitating leaky pipes, facilitate grease or root removal, identify improper taps into the municipal lines, or find broken lateral connections.

Rehabilitation of Wastewater systems

Rehabilitation can include, but is not limited to, the following:

• Seal manholes and replace leaky covers

• Use cured-in-place piping (CIPP), trenchless rehabilitation or chemical grouting to seal leaks, and open cut replacement pipes

• Raise gully traps and disconnect stormwater downpipes from the gully trap and redirect into stormwater systems

• Fix broken laterals (reline or replace); fix any other private connections which might be improperly or illegally tapped into the municipal system

OMAG Risk Management Services wants to assist our municipalities in providing a safer and more efficient sanitary sewer system for their constituents. We offer several grants and programs to help you get started. Contact William Sheppard (wsheppard@omag.org) for more information if you are interested in improving your sanitary sewer system by reducing Inflow and Infiltration.

Reducing Firefighters’ Chemical Exposures from Contaminated Skin or Personal Protective Equipment (PPE)

Through direct contact to the skin or off-gassing from PPE, firefighters can be exposed to potentially hazardous chemicals both during and after firefighting activities.  

OMAG is issuing this alert to Oklahoma Fire Departments to raise awareness of this type of chemical exposure and encourage them to train firefighters in ways to minimize it.  

Minimize breathing contaminants:  

• Maintain and test SCBAs routinely to ensure their proper function  

• Use proper respiratory protection from initial attack, overhaul, and investigation  

• Remain upwind of the fire if not directly involved in the response  

• Provide as much natural ventilation as feasible to burned structures before starting investigations and when responders are not wearing respiratory protection  

Minimize skin absorption:  

• Wear long hoods that are unlikely to come untucked during response  

• Keep protective ensembles on during overhaul  

• Do gross field decontamination of PPE to remove as much soot and particulate matter as possible  

• Wash hands immediately and shower as soon as possible after a fire response  

• Use moistened wipes to remove as much soot as possible from head, neck, jaw, throat, underarms, and hands immediately while still on the scene  

• Clean PPE, gloves, hood, and helmet immediately after a fire response  

• Have turnout gear cleaned routinely in accordance with NFPA 1851 or the latest version. 

Minimize inhalation of chemicals released from contaminated gear:  

• Remove SCBA and hood last when doffing gear during decontamination  

• Doff gear before entering the rehab area  

• Consider bagging contaminated PPE and securing it in an apparatus compartment  

• Do not take contaminated clothes or PPE home or store them in your vehicle  

• Decontaminate the interior of fire vehicles after fires 

Training firefighters to adhere to these precautions can save lives, prolong careers, and save thousands of dollars in workers’ compensation claims. 

Fire Extinguisher Basics

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It’s important to help employees understand that with proper training and education, fire extinguishers can save lives and property. Many adults may not know how or when to use fire extinguishers. OMAG encourages our municipalities to hold fire safety training, teaching employees how to use a fire extinguisher, when to use one, and what a particular fire extinguisher’s limit are.  

There are five primary classes of fire extinguishers, each designed to put out different kinds of fires. Class A is for use on ordinary materials like cloth, wood, and paper. Class B is for use on combustible and flammable liquids like grease, gasoline, oil, and oil-based paints. Class C is used on electrical equipment like appliances, tools, computers, or other equipment that is plugged in. Class D extinguishers are for use on flammable metals and are specialized extinguishers usually for factories. Any time an SDS (Safety Data Sheet) recommends a product requiring a Class D extinguisher, there should be one present in the facility. Finally, there are Class K fire extinguishers, which are used for vegetable oils and animal fats used in cooking appliances. Most offices, vehicles, shops, and homes now use multipurpose fire extinguishers that are labeled Classes A, B, & C and can handle almost any type of fire. 

Help employees decide when to use a fire extinguisher: 

Fire extinguishers can be helpful on a small fire that hasn’t left its point of origin. Consider providing a checklist to help people prepare to use a fire extinguisher on a fire. 

• Have I alerted others in the facility that there is a fire? 

• Has someone called the fire department? 

• Am I physically able to use a fire extinguisher? 

• Is the fire small and contained in a single object (frying pan, wastebasket)? 

• Do I have a clear escape route, should my efforts fail? 

Use a fire extinguisher when all these questions are answered “Yes.” If you are unsure about whether or not it is safe to use an extinguisher, alert others, leave the building, and call 911 from a mobile phone. 

Teach employees how to use a fire extinguisher: 

When operating a fire extinguisher, remember the acronym PASS – 

Pull the pin. Hold the extinguisher with the nozzle pointing away from you, don’t grip the squeeze handles, and pull the pin preventing the squeeze handles from closing on themselves. 

Aim low. Point the extinguisher at the base of the fire where the fuel is. 

Squeeze the lever slowly and evenly to disperse the fire repelling agent. Squeeze the lever intermittently to give you more control and fire fighting time. Avoid holding the trigger down and dispersing the agent all at once. 

Sweep the nozzle from side to side, covering the fuel area, and move in on the fire as it recedes. 

Educate employees on the importance of fire extinguisher maintenance: 

Remind employees to inspect fire extinguishers at least monthly. We don’t use them often, but when we need them, we need to be able to get to them and they must be reliable. 

• Easy access in an emergency – nothing is blocking or limiting our ability to get to it. The fire extinguishers are mounted and clearly marked with signage denoting where they are. 

• Inspect the extinguishers monthly – make sure the gauge arrow is in the green showing it is properly pressurized. Make sure all parts (can, hoses, nozzles) are free from damage and not clogged. Shake the extinguisher thoroughly to keep the retardant powder from compacting. 

• Make sure the extinguisher is clean and that there is no dust, oil, or grease on the outside of the extinguisher. 

• Make sure there are basic instructions on the use of the fire extinguisher on the label and that they are legible. 

Hands-on training by a qualified instructor is the best way to teach employees how to properly use a fire extinguisher. The experience will help employees better understand the procedures and processes in fighting a fire and the instructor can point out any concerns, field questions by the participants, and provide encouragement to anyone who doesn’t feel confident in their ability to use the extinguisher.