Consider The Risk And Responsibility: Youth Employees And Interns Riding In City Vehicles

When your city team seeks to hire and employ temporary seasonal labor and interns, be aware of the risks associated with hiring minor employees and the responsibility of protecting them from any exposure to child sexual abuse. This responsibility also applies to youth participating in city programs.

For example, one point of concern is when youth ride in cars with adult city employees. By definition, a minor is anyone under the age of 18 years old. It’s important to remember that a “minor intern” still equals “child” for liability purposes. Having youth ride along in a vehicle with an adult staffer to help at remote locations away from city hall may not be the best practice.

Guidelines and training for your staff

If your city is hiring adult staff to work with youth programs, you are responsible for protecting minors in this context as well. The Centers for Disease Control and Prevention (CDC) has guidelines on preventing child sexual abuse within youth-serving organizations. 

Here are the components of child sexual abuse prevention that your city should know and practice:

1. Screen and select the best possible people for staff and volunteer positions, and screen out individuals who have sexually abused youth or are at risk to abuse.
2. Provide guidelines on interactions between individuals to ensure the safety of youth in their interactions with employees/volunteers and with each other.
3. Monitor behavior to prevent, recognize, and respond to inappropriate and harmful behaviors and to reinforce appropriate behaviors.
4. Ensure safe environments to keep youth from situations in which they are at increased risk for sexual abuse.
5. Respond quickly and appropriately to (1) inappropriate or harmful behavior, (2) infractions of child sexual abuse prevention policies, and (3) evidence or allegations of child sexual abuse.
6. Provide training on child sexual abuse prevention to give people information and skills to help them prevent and respond to child sexual abuse.

It’s an uncomfortable topic, but sexual molestation claims can be a significant concern for cities, municipal insurers, and reinsurers. With thoughtful planning, cities can succeed in creating a safer place for youth.

Submitted by: Julie Jelen, Loss Control Consultant

High Winds and Tree Damage: Welcome to Summer 2022 (Part 2 of 2)

In my last post I asked if it seemed windier than normal this spring. Now I’m wondering, “Does it seem hotter this year than normal?” As I write this post, the thermometer outside my window reads 103 degrees! Welcome to summer 2022.

In this part of 2 of two posts about high winds and tree damage, we will discuss safety issues surrounding tree trimming and removal, and I’m going to sprinkle in a little message about working in the heat, too.

 As discussed in the last post, we’ve identified damaged trees, or perhaps trees that just need maintenance. Trimming and maintaining healthy trees is dangerous work; removing or trimming damaged trees is much worse. You must consider several additional factors such as powerlines, traffic, and sometimes the public as they stroll along the boulevard. We can’t possibly cover every aspect of safely cleaning up damaged trees in a short blog, so let’s quickly review the hot button issues and you can follow the links for additional training and safety ideas. 

From a regulatory and enforcement standpoint

• The U.S. Department of Labor standard 29 CFR 570 requires chainsaw operators be over 16 years of age. 
• OSHAstandard 1910.266 – Logging Operations governs safe operations and employee safety requirements. 

Training
Understand chainsaw operation and the hazards involved in tree trimming and removal. The videos linked below from High Plains Intermountain Center for Agricultural Health and Safety are great starting points for saw operation and safety. 

• How to Use a Chainsaw Safely Part 1
• How to Use a Chainsaw Safely Part 2

Personal Protective Equipment
Minnesota Statutes, Section 182.655 Subdivision 10a requires employers to provide necessary personal protection equipment (PPE) to employees. This includes, at a minimum:

• Hard hat
• Face shield/eye protection
• Hearing protection (OSHA 29 CFR 1910.95)
• Cut-resistant gloves
• Protective chaps or pants
• Cut-resistant footwear

Learn more about PPE in this “Chainsaw use and OSHA Compliance” article from MCIT Minnesota Counties Intergovernmental Trust

Additional chainsaw safety training links:

• OSHA-funded PowerPoint on chainsaw safety basics
• U.S.Agriculture Safety and Health Centers video library
• OSHA Fact Sheet: Working Safely with Chainsaws
• University of Minnesota “Safety Requirements for Chainsaws, Chippers, and Brush Cutters” publication 

Working from heights
Maintaining trees and clearing damaged trees often requires working from heights, which may include using ladders, bucket trucks or “cherry pickers,” or other methods to gain access.

OSHA standard 1910.26 governs the use of ladders in the workplace, while CFR 1926.500
provides governance for general working from heights.  

Click here for a sample of a model fall protection plan.

Working in hot weather conditions
It goes without saying that storm damage recovery and clean-up may require employees to work in hot weather conditions. Recall that OSHA has a National Emphasis Program directive for workers exposed to hot working environments. Read this recent LMC Pipeline blog post for an outline on this standard and how to comply. When possible, schedule regular tree maintenance during cooler weather conditions.

Public safety or scene safety
We all do it — after a storm we go for a walk or a drive to see “how bad it was.” It’s human nature to be curious. So, as you and your staff embark on storm clean up, be mindful of residents who may be out for a stroll. Be sure to cordon off areas of heavy damage. Cones or safety tape may be adequate in some areas, but police, fire, or public safety staff may be needed for high hazard zones such as downed power lines or heavily damaged buildings or infrastructure. Create safe work zones that prevent unauthorized people from entering the work zone.

 As I mentioned, there is no way to cover every aspect of tree maintenance and removal in one (not so) short blogpost. Trees are a beautiful resource and provide enjoyment in countless ways. But when they have been damaged in a storm, they can also provide countless hazards. As part of your city’s emergency management plan, consider your response to damaged trees. For good starting point to emergency management, read this article from the March/April edition of Minnesota Cities by Christina Benson, a research attorney with the League of Minnesota Cities.

Additional resources are also available from your League of Minnesota Cities loss control consultant.  We can help with job hazard analysis, additional safety resources, toolbox talks, and more. 

As always: please work safe. So many people are depending on you.

 

Submitted by: Marc Dunker, Loss Control Consultant

Property Preservation and Dumpsters

When we think about dumpsters and trash cans we don’t typically think of them as a safety hazard. In fact, we keep them close because nobody likes to drag a trash bag across the street or carry a heavy trash can very far. But what happens when these containers catch fire?  

Nothing good, as a recent news story from a downtown commercial area in Minnesota reminds us.

It's difficult to know what is being thrown away daily, or what the public puts into dumpsters. We know all too well that sometimes dumpsters and trash cans are used incorrectly and contain items that should not be disposed of. In addition, many times dumpsters and trash cans are positioned just outside the back door of a building for easy access or due to space limitations. This is a bad combo.

Dumpsters should be kept a minimum of 50 feet from any building and, if possible, secured. The security will discourage misuse of the dumpster, but more importantly the distance could keep a dumpster fire from becoming a structural fire that damages property and puts lives at risk.

Submitted by: Troy Walsh, Loss Control Consultant

High Winds and Tree Damage: Welcome to Summer 2022 (Part 1 of 2)

“Does it seem windier this year than normal?” I think this has been the most asked question so far in 2022. Ok, I have no real proof that this was the most asked question so far this year. But just like it seems windier, this seems like the most asked question!

The truth is, we had a very windy spring. Statewide there were four days in April with winds in excess of 50 mph, according to Minnesota Public Radio. April is our windiest month in Minnesota with typical wind gusts easily in the 40 mph range and average windspeeds blowing about 11 mph (this year it was 13 mph). What’s that got to do with safety? Tree damage.

We’ve all seen it this year. Broken branches, broken trees, even toppled trees with whole root systems heaved out of the ground. In this blog we’ll discuss best practices for, and the importance of, monitoring and maintaining trees, and the need to quickly respond to reports of damage from your coworkers and your community. 

Tree claims and city responsibilities

At the 2022 Loss Control Workshops members of our claims staff presented on tree claims and the city’s roles and responsibilities regarding trees on city property and in rights of way. Materials from that presentation are available on the flash drive participants received. A key take-away from that presentation is the importance of tree maintenance.

To minimize claims and improve tree health, cities should implement a regular inspection and maintenance program. Regular inspection and maintenance activities include staff or qualified contractors visually inspecting trees for obvious signs of distress:

• Cracks in the tree trunk or the branches
• Broken or hanging branches
• Decayed areas
• Cavities
• Shredded, stripped, or peeling bark
• Loss of leaves 
• Root damage
• Leaning trees
• Fallen limbs
• Roots pulling out of the ground or appearing where they weren’t before

An inventory should be targeted at gathering data in areas where people and property could be injured or damaged by a tree. Determination of risk level is a professional judgment that should be carefully documented. Further documentation should be kept for all community-reported damage or complaints and the city’s follow-up to these reports. 

All areas with tree cover are hazard zones, however, obvious priorities exist at parks, golf courses, or busy pedestrian areas such as boulevards.

Resources for assessing your city’s trees:

• Tree risk assessment form from the International Association of Arborists (pdf)
• Municipal evaluation sheet from the U.S. Forest Service

Rapid response is needed

Regardless of how you learn of damaged trees or tree hazards, how you respond to them is critical. For the safety of your community, and to help reduce your city’s liability exposure, a rapid response is needed. Best practices include:

• Providing a reporting system for people to report hazardous trees (several free platforms are available).
• Training staff on the importance of tree safety and response time to community reports.
• Training staff on safe operations when dealing with damaged trees.
• Documenting your inspections and your responses.

Remember, tree hazards can be difficult to identify. They may come in the form of broken branches, tipping or leaning trees, decayed or hollow trunks, even roots that encroach sidewalks and cause trip hazards. Be mindful of these risks and have a plan to safely manage them. For more information on your city’s responsibility for maintaining safe trees, contact your League of Minnesota Cities loss control consultant.

Next week’s blog post will cover best practices for safely removing damaged trees or tree parts. Meanwhile, please work safely, a lot of people depend on you.

Submitted by: Marc Dunker, Loss Control Consultant