Trust Announcements

 

Land Use Liability - Training Resources

Steering clear of land use liability is a risk management challenge for most municipalities. Land use issues are complex. Planning commission members may lack expertise in fully understanding the implications of decisions. Municipal solicitors are tasked with alerting commission members of potential legal landmines; however, these general legal practitioners may only possess limited expertise in land use law. Given the potential for high severity losses, what's a municipal manager to do?

Risk management professionals recognize that education of planning commission members is one of the most effective means for reducing a municipality's exposure to land use liability. Two types of educational experiences are recommended:

1. Initial Orientation - New planning commission members should be provided with an overview of their roles, responsibilities and ethical/legal constraints. Commission members must be made to understand that there are limits to their decision-making. They must understand that failure to abide by these constraints can cause significant financial harm to the municipality and tax payers. An excellent resource for indoctrinating new and existing commission members is provided free of charge by the Pa. State Association of Township Supervisors (PSATS). The online PSATS program can be accessed 24/7 by anyone with an Internet-enabled computer. The program can be completed in about an hour. Those who get a passing grade can print out a certificate to prove that they have completed the program. To access the PSATS online program "Duties of Planning Commission," clink: http://dutiespc.landuselawinpa.com/

2. Ongoing Training - Initial orientation should be supplemented with continuing education on significant legal developments. As with initial orientation, time constraints make education of planning committee members a challenge. To overcome this constraint, The Trust in conjunction with Marshall, Dennehey, Warner, Coleman and Goggin attorney, John Gonzales, have produced a land use liability training video. The online video is only available to DVIT members. The program consists of several segments discussing significant land use liability issues. John uses recent case studies to illustrate how planning committee members can avoid costly litigation.

DVIT members can view the online training video by clicking here.

For DVIT members without Internet access, DVD copies of the Land Use Liability training video are available by contacting Dawn Mancini (Phone: 267-781-0607; Email: dmancini@dvit.com).

 

Law Enforcement - Needle Stick Incidents

 

The Trust's Claims Department reports an increase in needle stick incidents involving law enforcement employees. "Stick" incidents typically occur when officers pat down (i.e., frisk) suspects or perform searches of vehicles. Needle sticks involving used syringes are of particular concern given the potential to spread the Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV). As a result, all suspected exposures to human blood or other potentially infectious material should be reported and evaluated by a licensed medical professional.

The Risk Control Department recommends several best practices for reducing the frequency of needle stick incidents during law enforcement operations:

• Ask the suspect if he/she has any needles, knives or other sharp objects on their person or in their vehicle. State emphatically that if you are injured by anything the suspect fails to disclose, additional charges will be added to the other crimes they may be guilty of.

• Recognize where needles and sharps are usually found - in pockets, socks, shoes and hair. In vehicles, syringes are commonly found behind visors, in glove boxes, in arm rests, between seat cushions and beneath seats. Proceed with extra caution when inspecting these areas.

• Use "search" or "frisker" gloves. Although you will sacrifice some tactile sensitivity, search gloves offer a measure of puncture resistance. Vendors that offer puncture resistant gloves include:
https://www.turtleskin.com/store/ProductInfo.aspx?productid=UPW-4D1
http://www.labsafety.com/HEX-ARMOR-Puncture-Resistant-Search-Gloves_24533581/?CID=9PP001
http://www.labsafety.com/search/Damascus/24533569/?type=brand

• When searching vehicles or performing area searches for evidence, avoid sticking hands where you cannot see. In addition to avoiding needle stick incidents, you reduce your risk of getting injured by insects, vermin or "booby traps".

• Use search tools/probes. Tools/probes can be as simple as an oversized laboratory forceps (i.e., tweezers) or as sophisticated as a video-enhanced evidence probe. In addition to safety aspects, search tools/probes also have the benefit of getting into areas where hands might not fit.

Vendors offering law enforcement search tools include:
http://www.probecam.com/searchandrescue.html#gooseneck
http://www.midmed.com.au/index.php?module=pagesetter&func=viewpub&tid=2&pid=18&header=1
http://contrabanddetectors.com/probe.htm
http://www.sasrad.com/
https://www.rkb.us/contentdetail.cfm?content_id=126944

(Note: The purchase of search gloves and search tools/probes is eligible for funding under the DVWCT member risk control grant program.)

 

New Resource - Model Municipal Safety and Health Manual

The Trust has received several member requests for a model safety and health manual geared towards municipal operations. In response, the Risk Control Department recently developed a comprehensive manual which members are free to customize to meet their operations. The manual is structured to have the widest possible utility. Sections address safe practices for all employees, for specific departments and for specific operations.

As part of the organization's injury and illness prevention program, the employer's safety and health manual serves several important functions:
1. Training guide for new employees establishing expectations with respect to safety behaviors
2. Training resource for ongoing "tool box" talks
3. Guide when investigating injuries and illnesses or other safety deviations

Note: For those members who already have an effective safety and health manual or written safety guidelines, they are not required to replace existing guidelines. Members may wish to use this resource to fill any gaps or update any obsolete procedures.

To access a copy of the resource, click here

Anyone with questions regarding this new resource is asked to contact the Risk Control Department (Peter Erndwein Phone 267-781-0612; perndwein@dvit.com or Linda Poole Phone 267-781-0619 or lpoole@dvit.com)

 

New Education Resource - Groundskeeping Roll Call Talk

 

Spring has arrived and the vegetation is emerging from its winter slumber. Both at home and on the job, many of us will soon be starting the weekly grass-cutting ritual. As mowers, tractors, trimmers and chain saws begin to operate, inevitably hospital ERs will begin to see traumatic injuries.

In an effort to reduce the risk of such seasonal injuries, the Risk Control Department has developed a roll call talk entitled "Groundskeeping Injury Prevention". Roll call talks are designed to cover a variety of safety topics in a 15- minute meeting format. Periodic discussion of injury prevention topics are known to keep employees aware of and engaged in workplace safety.

To access the most recent roll call talks, click here

To access any of the other Trust roll call talks, click here

 

MUNICIPAL RM NEWS AND ANALYSIS

 

Managing Vacant Property Risks

 

The sluggish economy has lead to an increase in vacant homes and commercial buildings. Municipalities are not immune to this phenomenon. Owned buildings may see their tenants leave. Donated buildings may sit idle for months (sometimes years) due to lack of funding for rehabilitation. Although the structure may be empty, it still requires active management in order to preserve its value. Besides normal deterioration, empty buildings can attract vandals and arsonists. Between 2003 and 2006, the National Fire Protection Association reported over 31,000 fires annually in vacant or idle US buildings.

Owners of vacant properties can reduce their risk of property value loss by:

• Maintaining utility service to the building. Unheated, damp buildings can significantly degrade over the course of a year. Extreme swings in temperature and high humidity can cause paint, plaster and dry wall to degrade. Lumber components can warp and split. Warm, humid temperatures can encourage mold growth. Mold blooms can occur in as little as 24 to 48 hours after a water intrusion event. Freezing temperatures can cause sprinkler and domestic water pipes to freeze and potentially burst. Broken pipes and failed sump pumps can lead to costly flood losses.

In order to maintain vacant structures, it is recommended to install programmable thermostats capable of maintaining interior temperatures above 55oF in the winter and below 85oF in the summer. To prevent mold growth, the US EPA recommends keeping relative humidity levels inside structures within the 30-60% range.

• Maintaining monitored intruder and fire detection systems, if so equipped. If not equipped, consider installing such systems to facilitate remote monitoring. Security cameras are another cost-effective security option. If 24/7 monitoring is not financially feasible, perform weekly documented inspections of the property at random times. Include the property on a routine police patrol route.

• Provide for lighting. Cover the periods between dusk and dawn using energy efficient lighting. Compact fluorescent light bulbs are a good option for security lighting. Remember that criminal activity is dissuaded by illumination. Trim vegetation around the perimeter of the structure to ensure clear sight lines from public areas or police patrol routes.

• Promptly repair deterioration and damage. Avoid putting off critical repairs to the building's envelope. A minor roof leak, over time, can lead to serious water damage, encourage mold growth and eventually damage structural components. Openings in the building envelope also provide routes of access for vermin such as bats, raccoons and squirrels which can cause significant damage to interior areas.

When managing vacant buildings, the adage "a penny wise but a pound foolish" clearly applies. Though the structure may not be generating income or providing a service to the community, building owners must continue to invest resources and maintain the structure to near occupancy standards.

 

Five Recalls

 

American Electric Outdoor Light Fixture Recalled Due to Shock Hazard

 

 

Hitachi Koki Coil Nailers Recalled Due to injury Risk

 

 

Fluke Non-contact Electrical Tester Recalled - May Not Consistently Indicate Presence of Voltage

 

 

Tumi Mobile Power Packs Recalled - Can Ignite or Explode

 

 

Simpson Dura-Vent Fireplace Damper Recalled - May Fail to Open Posing CO Hazard

 

Seminars - New

 

 

Location: Plymouth Meeting, PA

PRPS National Playground Safety Inspector Certification & Exam - May 24 - 26
Audience: Park and recreation facility management and maintenance staff
Location: Bethlehem, PA

Supervising the Troubled Employee & DOT CDL Supervisor Drug and Alcohol Training
May 25 - Upper Dublin Twp.
June 1 - West Whiteland Twp.
June 8 - Doylestown Twp.
Audience: Supervisors and Managers

Location: King of Prussia, PA

Managing Emotions and Thriving Under Pressure - June 11
Audience: General
Location: Allentown, PA

Employee Performance Evaluations - June 14
Audience: Supervisors/Managers
Location: Willow Grove, PA

 

Seminars - Previously Announced

 

Location:  Abington Township Building - Abington, PA 

Location:  Abington Township Building - Abington, PA

Location:  Trust Office - Willow Grove, PA 

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

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

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

Audience:  General

Audience:  General

Audience:  General

Audience:  General

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).