Trust Announcements

Minimize LItigation Risk and Record Keeping

"Sure we do it...but we don't keep any records."  How often have you heard this excuse for why critical documentation is lacking?  Written records constitute "physical evidence".  Such evidence is critical to defending local government against third-party lawsuits.  This is because physical evidence like written records command greater credibility in courtrooms when compared to personal testimony.  For example, can you remember what you ate for dinner on the second Tuesday last month?  Most of us probably can't unless we have it written down somewhere.

What written records and physical evidence should municipalities maintain in order to maximize their chance of successfully defending against third party lawsuits?  What follows is a summary of important risk management records, sometimes overlooked by municipalities.  This list is by no means exhaustive.  Furthermore, it does not include the common records which must be maintained under the law such as police reports, property deeds or tax receipts.

http://www.phmc.state.pa.us/Portal/Communities/RecordsManagement/Municipal_Records_Schedule/2008_Municipal_Records_Manual_rev.pdf

Management of paper files can also be a challenge for public entities with limited administrative staff and/or limited storage facilities.  Optical scanning technology can effectively reduce this burden for a reasonable cost.  The overriding consideration for any archiving technique, however, is that it maintains the integrity of the record and ensures the record can be located in a timely manner.

Prevent Jumping Injuries - New Educational Resource

 Serious injuries can result from simple actions.  Case in point, the physical act of jumping from height.  Most young, healthy bodies can handle the stresses transmitted through the skeleton after one's feet contact a hard, unyielding surface.  As we age, however, we may lose bone mass due to osteoporosis or lose tendon integrity due to inactivity or cumulative trauma.  The same forces that were once harmless, can now trigger significant orthopedic injuries.  The Trust continues to see municipal employees suffer serious injuries from the simple act of jumping from height.

Can such injuries be prevented?  The frequency of these injuries can be reduced by avoiding jumping from height both on and off the job.  Utilize steps, ladder rungs or other walking surfaces to descend in a controlled manner.  Practice the principle of "three points engaged".  That is, keep two hands and one foot on a sturdy surface as you move the other foot to the next sturdy surface.  This technique also works to reduce the likelihood of a fall while descending from a vehicle, ladder of other elevated surface.

The Trust recently worked with a workplace safety committee to develop a "Safety Alert" designed to communicate the above injury prevention technique to employees.  For a copy of the safety alert, clink: Injuries from Jumping

New DVD Resources

Quality Service in the Public Sector

Pa Worker and COmmunity Act 

The Trust acquired Coastal AMI's "Quality Service in the Public Sector" DVD.  This 24 minute DVD reviews the basic principles of quality customer service in governmental settings.

The Trust has also acquired four additional copies of the "PA Worker and Community Right to Know Act" DVD.  This 21-minute DVD can be used to help meet a municipality's annual employee training obligation under the Act.

To reserve these educational resources, please contact Dawn Mancini at 267-781-0607 or email dmancini@dvit.com.

Municipality RM News and Analyis

Reducing Respirable Silica Exposure

Silica is a naturally occurring mineral that can cause serious lung disease if inhaled as a respirable dust in excess quantities over extended periods.  Municipal employees may be exposed to silica on and off the job when they work with concrete, brick, tile, asphalt, sand and rock. 

The Occupational Safety and Health Administration (OSHA) recently released guidance on controlling occupational exposure to silica in the construction trades.  Many of the construction activities described are also performed by many public works departments.

Since silica is primarily a hazard as a respirable dust, employees can reduce their exposure by:

• Using wet methods during dust generating operations
• Using a vacuum dust collection system equipped with high-efficiency particulate air (HEPA) filter
• Avoiding work practices that generate airborne dust such as dry sweeping or compressed air cleaning
• Using respiratory protection approved for silica exposures

To review the entire OSHA publication, clink: http://www.osha.gov/Publications/3362silica-exposures.pdf

DVWCT members should contact the Trust's Risk Control Department (Peter Erndwein 267-781-0612; perndwein@dvit.com or Linda Poole 267-781-0619; lpoole@dvit.com) if they believe a municipal operation is generating excessive quantities of silica dust.  Value-added (no additional cost) air monitoring services are available to confirm employees are not being overexposed.

Free ROPS for Older Model Exmark Mowers

Roll over protection systems (ROPS) are essential safety equipment on lawn mowers and tractors.  When properly deployed and used in conjunction with a seat belt, a ROPS can save the operator's life in the event of a roll-over.  Without a ROPS, the operator risks being crushed by the weight of the equipment.   

Many municipalities have Exmark zero-turn mowers.  Some older models were purchased before ROPS were mandatory.  Exmark continues to offer a free retrofit program for owners of older model Exmark mowers that have serial numbers below 440,000.

For instructions on how to take advantage of this free manufacturer safety upgrade, clink: http://www.exmark.com/popups/rops.htm

Four Recalls

 Halcyon Diving Equipment - Overpressure Valve Could Fail

 http://www.cpsc.gov/cpscpub/prerel/prhtml10/10002.html

 Guardian Full Face Diving Mask - Visor May Dislodge Flooding Mask

 http://www.cpsc.gov/cpscpub/prerel/prhtml10/10006.html

DeVilbiss Pressure Washers and Air Compressors - Pneumatic Tires May Burst

 http://www.cpsc.gov/cpscpub/prerel/prhtml10/10007.html

Philips Heartstart Fr2+ Automated External Defibrillators - May Fail to Administer Shock

[No "free license" image available - refer to link for image of affected equipment.]

http://www.healthcare.philips.com/us/products/resuscitation/products/fr2plus/action.wpd

Seminars - New

Location:  Montgomery Township Building - Montgomeryville, PA

Seminars - Previously Announced

Location:  Abington Township Building - Abington, PA

Location:  East Coventry Township Building - Pottstown, PA

Location:  West Chester, PA 

Location:  King of Prussia, PA

Location:  Montgomery County Public Safety Training Campus - Conshohocken, PA

Location:  Lower Merion Township Building - Ardmore, PA

Location: Horsham Library Community Room - Horsham, PA

Location:  Harrisburg, PA

Location:  Trust Office - Willow Grove, PA

Location:  Montgomery County Public Safety Training Campus - Conshohocken PA

10/22/09           EVOC Update #4 (8:30a-4:30p)

Questions?

Linda Poole lpoole@dvit.com or 267-781-0619

This bulletin is published as a value-added benefit for the members of the Delaware Valley Insurance Trusts.  While every effort is made to ensure the accuracy of the information contained, no warranty is expressed or implied. 

Public entities wishing to get more information on membership in the Delaware Valley Insurance Trusts are encouraged to visit our website at www.DVIT.com or call 866-706-0101 (toll free).