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2 SH MATTERS- 658 155 . A3 rm Vol No . 7 , . Oct 1996 . RMTD o(X tana state library dedicated Risk to Risk Management Management & in the State of Tort Montana Defense 351 •v.,:• October 1996 Volume No. 2 7, OFFICE ERGONOMICS: EVERYBODY’S DIFFERENT Ergonomics is the science ofdesigning Cumulative TraumaDisorders (CTDs) workstations andequipment to be compatible with such as Carpal Tunnel Syndrome, Tendonitis, and DeQuervain’s Disease people. There are three vital ergonomic havebeen calledthe occupational diseases considerations: ofthe 90's. • Fitthejob to theperson - State employees come in a Simply stated, cumulativetrauma is ‘wear andtear’ on our variety ofsizes and shapes. However, workstations bodies and typically stems from poorworkstation design, are typically designed for one size fits all. improper bodymechanics/postures, andrepetitious tasks. • UserFriendly- What would happen ifthe light This sectionofRisk Matters is forthose state employeesthat switches in youroffice were mounted sideways? wereunableto attendergonomics/back injuryprevention Similarly, there are easierwaysto use equipment and trainingthispast spring. workstations. Above all, they mustbe adjustable so thatthey are compatible for different users. Ifyou’re interested in additionaltraining ora site-specific ergonomicsassessment, pleasecontactyour safety coordinator • WorkSmarter, NotHarder- Ergonomics promotes RMTD orcall atext. 3486. efficientuse ofworkspace and enhances productivity by eliminating unnecessary, repetitious tasks. 2 RISK FACTORS DirectoryofServices (406)444-2421 There are three basic CTD risk factors for state employees in office settings: Administration: Ext • Posture- Describes the positions you assume in yourwork. Take sitting, for DivisionAdministrator- 3687 example. Most ofus spend a significant portion ofour day doing it. BrettDahl ChiefDefenseCounsel - 2438 • Force- Defines the amount ofenergy expendedto perform atask such as Bill Gianoulias lifting, typing, twisting, bending, orturning. By holding a load close to your AdministrativeAssistant- 3600. body when lifting, the forces are reduced 7 to 10 times. Carol Berger Legal Secretary- 2512 • Repetition - Describes the frequency with which you perform atask. Ifyou Peg Bartlett typejust40 words aminute, fourhours aday, you keystroke 25,000,000 Property/liabilityClaims times in any given year. Adjusting ABC’s of Workstation Comfort Sr. Claims Specialist- 2422 MaijieCarpenter Claims Specialist- 4516 Here are some tips to improve comfort andto reduce cumulative traumarisk: MaryHeare A LegalDefense The top ofyourcomputer screen shouldbe ateye level. This reduces strain on yourneck. AssociateCounsel- 3558 B Ann Brodsky You shouldbe at arm’s length away from the screen to minimize eye AssociateCounsel - 4507 strain. Tim Baker C AssociateCounsel - 2403 Yourwork surface shouldbe at elbow levelto eliminate the awkward MikeKing Paralegal -JanDay 1816 D postures that cause strain on yourwrists (carpal tunnel) and arms. Yourchair shouldhave adjustable armrests that supportyour arms at LossControl elbow level. E Consultant- 3687 Yourknees should be slightly raised above yourhipsto reduce lower BrettDahl RiskAnalyst- 3486 back strain. LarryNelson F Your chair shouldhave a seatthatyou can adjustto allow your feetto rest Insurance/Finance flat on the floor. The backrest should contourwith the curvature ofyour spine and provides lumbar support, oruse arolled-uptowel or ergo pillow. RiskFinance Specialist 4509 G Dawn DeTienne A five-pronged chairbase with casters is best for safety andmobility. H Servicesto StateAgencies Ifyour feet cannot reachthe floor, use afootrest. Insurancefor: Property, liability, SAFETY EXPO 96 employeedishonesty, vehicle, aircraft, otherrisks. Legal Defense/Claimsfor: On September 5, 1996, approximately 600 state employees bravedcold, rainy, and Liability, property, otherclaims. windy weatherto attend Safety Expo 96 atthe Capitol Rotunda. Numerous activities andworkshops were designedtoheighten public awareness ofsafety issues, andto Loss Control: Consultingforall of remind us allthataccidents can be prevented. Safety Expo 96 markedthe second the above. anniversary ofSafety Day in Montana. - : 3 ) WHO In his keynote address, Governor Racicot reminded families and employers throughout the state that from 1993 to 1995, the most recentyear forwhich statistics YA are available, vehicle accidents in Big Sky country increased from 18,839 to 20,508. Overthe same period oftime, he stated, injuries associated with these accidents have GONNA risen from 9,288 to 10,255, and fatalities havejumped from 194 to 215. CALL? The Governor also cited statistics from the Bureau ofLabor Statistics that lastyear alone, 449 Montanans lost their lives in unintentional accidents stemming from diverse causes such as firearms use, machinery, electrocution, railway passage, fires, Workplace violence has become one of and falls. In addition, workplace violence has become one ofthe leading causes of the leading causes ofworkplace homicide nationally, accounting for 17% ofall fatalities on-the-job. homicide, accounting for 17% ofall fatalities nationally. Many state Finally, Governor Racicot reminded all attendees to rememberthe theme ofSafety employees deal with controversial Expo 96 andto ‘Be Safe, Not Sorry!’ issues and angry people. Sometimes tempers flare and angry words bum you orthe person atthe front desk. Most ofus have a few examples ofencounters that left us uncomfortable orthreatened when dealing with clients orthe public. In response to the threat ofviolence, a multi-agencytask force chairedbythe Professional Development Center developed guidelines for agencies to use in developingthreatresponse protocol andprocedures from internal and externalthreates ofviolence. What is your agency’s procedure for letting employees or others in the office know thatthere istrouble? Does your agency have a written plan? Above: Despiteunseasonablycoldandrainyweather,membersofthecabinetgatherforwhathasbecomea SafetyDayTradition;theFireExtinguisherRelayRace! Copies ofthe guidelines are available The RiskManagement & Tort Defense Division appreciates the efforts ofthe from your Personnel Coordinator or Governor andthe cabinet fortaking the lead on safety by demonstrating their support Safety Coordinator. Itmay provide ofSafety Day. As state employees let’s all do our part to reduce the high costs your employees with some peace of and tragic fallout associated with workplace accidents and injuries. How, you mind in knowingthatthere is aplan of ask? action, andthathelp is there iftheyjust let someone know. • Look forhazards that could cause an accident and either correctthem or reportthem to your supervisor. CRISIS COMMUNICATION! • Report accidents as soon as they happen! When aheated situation occurs, it is often difficultto know how to respond • Work smart andrememberthat accidents don’tjusthappen, they are caused. andwhatto say. Forthis reason, pre- Participate in training sponsored by the Risk Management & Tort Defense cirnitseirsveevnetinotnpcloamnnmiunngicdraitlilsonansdkiclrlissiasre ) Division, State Fund, or your agency. vital. On the next page we’ve listed a few tips: ® BE SAFE, NOT SORRY! You, a state employee, are the state’s most valuable asset. Don’ttake chances! 4 WHEN ® Agree upon a code word with RIVERS TIMELY TIPS a fellow employee such as RAGE “Bring me the yellow copy” ! For samples ofdisaster and The code word alerts the co- emergency plans, please contactthe workerthatthere is danger This year’s spring flooding was a Risk Management& Tort Defense andto call forhelp! painful and very personal reminder for Division. Meanwhile, backto the many ofus that tragedies and question ‘when rivers rage?’ • Remain calm and try to emergencies do occur. The diffuse the situation by being Department ofMilitary affairs is the Considerthe following precautions: as helpful as possible. state agency charged with the • Do not use threatening statewide disaster and emergency • Listen closely to local news plan. However, they remind us thatwe updates. gestures, words, orphrases. as state agencies need to develop our own response • Follow the directions oflaw • Violent acts are usually not protocol. enforcement andthe national random, but occurafter guard. STAY PUT, ifit is repeatedthreats. Treat violent DISASTER\ unsafe to travel. threats seriously! Report EMERGENCY them to your supervisor, • Know where to obtain sand RESPONSE General Services, and local and sandbags. Consider police. Notify co-workers to stockpiling a small supply of be onthe lookout. Whatwould you do each shouldthey be to protect state assets when the rivers necessary. • Ifthe situation deteriorates, rise, and flood waters lap atthe doors contactthe local police A ofyour office buildings? disaster • Follow the directions oflocal department and know how to and emergency plan that delineates health officials shouldyour ( escape and protect responsibilities ofagency personnel is drinking waterbecome yourself. paramount! The plan should indicate contaminated. whatto do in differenttypes of CRITICAL diasters and should establish a ‘chain • Move valuable equipment, EVENT ofcommand’ foragencies to mobilize supplies, orpersonal effects PLANNING resources and ‘humanpower’ to upstairs orto higherground. effectively respondtothe crisis at hand. • Promptlyreport any damage Use the ‘Preventing to state property to the Workplace Violence’ guidelines in following address: conjunction with yourbuilding evacuation plan to determine Risk Management & Tort appropriate ‘critical event’ planning Defense Division alternatives and appropriate threat P.O. Box 200124 response protocol. Helena, Montana We hope thatyou neverhave to test 59620-0124. the guidelines oruse yourpolicy, but alittle bit ofplanning goes a long way towards reducingthe threat of violence in your agency. ( 5 ^EGAL BRIEFS This type oftraining has saved employers a lot oftime and money as the federal government learned afterthe Oklahoma City bombing. For state employees, this training is provided WORK-RELATED through the state employee assistance program by VRI STRESS (Vocation Resources Inc.) FOOD FORTHOUGHT! . THE FINE PRINT! On May 4, 1990, Gary Stratemeyer, an eight year veteran of the Lincoln County Sheriffs Department, respondedto a suicide call. En route to the scene, he learnedthat the victim, a Is the fine print in a contract importantto read? Absolutely! teenage girl, was still alive. Upon arriving atthe victim’s A contract defines the obligations ofeach party, and the fine home, Stratemeyerwas ledto the bedroom where he found a print may add responsibility to your agency ortake away its seventeen-year-old girl who had shot herselfin the head. The rights. BE CAREFUL WHAT YOU SIGN! girl was being held in her father’s arms. Laterthat evening, Stratemeyer learnedthatthe girl had died. For example, a contract clause may make your agency responsible fornegligent acts ofthe contractor, or itmay Stratemeyerwas unable to return to work because ofmental require your agency to defend, indemnify, and holdharmless stress and anxiety overthis incident. He submitted a workers’ the contractor forhis/her own negligence. Since the Tort compensation claim in May of1990. The claim was denied Claims Act excludes independent contractors, only in rare four days later. He petitionedthe workers’ compensation court exceptions will the Risk Management & Tort Defense regarding his wage loss benefits and medical expenses. The Division grant approval and provide coverage for contractors. court determined that Stratemeyer did not suffer an “injury” as defined in §39-71-119. Stratemeyerthen filed a separate tort claim on the basis that 1) Lincoln County negligently failedto provide appropriate trainingto prepare him forthis incident; and 2) the county failed to, supervise, treat, and debriefhim followingthe incident. In Stratemeyer II, Lincoln County arguedthatworkers’ compensation was an exclusive remedy and applied onlyto physical harm, notmental stress. The Supreme Court heldthat exclusivity didnot applyto Stratemeyerbecause he never receivedworkers’ compensationbenefits and as apolice officerhis occupation was covered by workers’ compensation. Stratemeyer contendedthatthe traumatic nature and State agencies entering into contractual agreements with third consequences ofrespondingtothe suicide were foreseeable, parties should require the contractorto ‘hold the state andpost-traumatic stress disorder is a common injury for law harmless’ andto defend and indemnifythe state for any and enforcementpersonnel. He allegedthatthe DistrictCourt all causes ofaction arising from the contractor’s negligence, interpretedthe statutes too narrowly, when it construedthem including the acts ofsubconcontractors or otheragents ofthe to include onlyphysical harm. The Supreme courtconcurred contractor. with Stratemeyerand reversedthe district court decision. Rememberthathold harmless language by itselfdoes not LESSONS TO BE LEARNED guarantee thatthe contractorhas the financial resources to pay for its own negligence; therefore agencies should require The long and short ofStratemeyer is thata courtmay insurance . The type ofcoverage required ofthe contractor determine ifan employerbreached its duty in failingto train, andthe limits ofcoverage will vary depending on the risk supervise, ortreat its employeesbutthe statutes applyto associatedwith the services performedundercontract. mental as well asphysical harm. Here are some othercommon pitfalls/clauses to avoid: Secondly, as a strategy to mitigate risk and liability employers should weightthe pros and cons ofproviding • Language thatrequires legal action totake place in pining for its employeesbefore such incidents occur, and another state orjurisdiction (change in venue). appropriatetreatmentandtraining in the wake ofatragedy. Suchtraining istypically referredto as ‘critical incident’ • Clauses that automatically renew the agreement training/debriefing. Before or after acritical, tragic event, unless given 60 days notice. employees canbe referredto professionals who provide counseling on how to respondtothese situations. 6 LEARNING RESOURCE ® Automatic rate increases with orwithout limitation.The contractor’s insurance coverage ( CENTER specifies a sublimit forpersonal injury or property damage ratherthan a combined single limit forboth. • The contractor’s insurance policy specifies that In response to numerous information requests from state insurance coverage is excess ofany other coverage agencies, the Risk Management & Tort Defense Division has versus primary forthe contractor’s negligence. created a Learning Resource Center (LRC). The resource center is designedto collect sample ‘bestpractice’ policies, Got a question on hold harmless or insurance provisions in procedures, andprograms, from state agencies and other contracts? Give us a call! public entities and to provide learning resources and information for state agencies to use forpurposes of training VEHICLE and research. Listedbelow is a sampling ofthe materials that are available through LRC: USE AND Safety Talks -A series of2 to 3 minutestalkscovering various INSURANCE safety topics including electrical hazards, machines, office practices, housekeeping, and maintenance. COVERAGE Safety & The Supervisor -A ‘mustread’ documentforany supervisorthatdesiresto improve his/heraccidentrecord orstarta One ofthe more common questions that RMTD receives from moreeffective safety initiative. state agencies is “Who can drive orride in state vehicles?” The division is in the process ofreviewing existing policies Videos -Acollection of24 videosthat areavailableforagency use intraining. BESTRENTERS include ‘Office Safety’, ‘Office Safety: and insurance coverages with the intent ofdeveloping a final It’s aJungle inThere,’ and ‘ABitAboutBacks.’ position statementby year end. Here is a summary ofthe division’s existing policy on uses/coverages. Ifyou have BestPractices - Sample policiesandprocedures include Bloodbome suggestions, please sendthem ourway. Pathogens (MissoulaCounty), Personal Protective Equipment ( (MontanaStateHospital), General Safety Rules(MontanaState Authorized drivers ofstate owned/leased/loaned vehicles Hospital), Respiratory Protection (MontanaState University), include state oruniversity employees, elected/appointed Confined SpaceEntry (MontanaState University). officials, members ofboards, councils, and commissions, and volunteers (§2-9-101, MCA) for authorizeduses as noted The Ergonomics Process -Thisvaluablemanual addresses cumulativetraumarisk. Slides areavailableto use intraining. below: Safety & Health -Aready reference onwaysto mitigatenumerous Independent contractors are not state employees, therefore, occupational andpersonal risks. Thereferencemanual isavailable they are notauthorized drivers and are nottypically covered with a ‘copy kit’ that may bereproduced foruse atsafety committee withoutpriorwritten approvalto use the vehicle from the and staffmeetings. RMTD agency head and andthen only for authorized uses as notedbelow: Contractual RiskTransfer-Anexcellentresource forcontracts specialistswho wantto be ‘intheknow’ onthe latesttechniques in Authorized passengers in state owned/leased/loaned vehicles writing contractual agreementsand developinghold harmlessand indemnificationclauses in contracts. include state employees, independent contractors on official state business, guests ofthe state including local government Numerous Other-Publicationsandresourcematerialsto assistyou officialstraveling with state employees, driver’s or with questions on insurance, claims, orloss control. passenger’s aides, ormedical aide animals. Authorized uses ofstate owned/leased/loaned vehicles are uses ofstate vehicles underthe direction and control ofa state agency ortheuniversity and are lawful activities that further the mission ofthe state. STAY TUNED formore on vehicle use andcoverage! 7 LONE DRIVER! & rRequest for Videotapes Publications OFFICE SAFETY The followingvideotapesandpublications listed OFFICE SAFETY: IT’S A JUNGLE IN THERE inRiskMatters are available free ofchargeto state PROTECTING AGAINST AIDS IN THE agencies and localgovernmentuponrequest. Anyone may WORKPLACE borrow upto two videotapes atatimerent-free forone RAPE AWARENESS! week. Youmay order materials bycalling(406)444-3600 RISK MANAGEMENT TODAY orsendthis orderform toRMTD, P.O. Box 200124 SAFETY: THE BIG PICTURE Helena, MT., 59620-0124. SAFETY COMMITTEE: PROBLEM OR SOLUTION SAFETY EXPO 95 VIDEOS SAFETY EXPO 96 SUPERVISING SAFETY: YOU MAKE THE A BITABOUT BACKS: VOLUME DIFFERENCE I, AWARENESS THE MAKING OF A JOB SAFETY ANALYSIS A BITABOUTBACKS: VOLUME RISK THE NEWCOMERS: SAFETY MOTIVATION II, FACTORS VIOLENCE IN THE WORKPLACE A BITABOUT BACKS: VOLUME III, PREVENTION PUBLICATIONS AUTOSTRETCHING: LOWERBACK AUTOSTRETCHING: WRISTS, ARMS, & A.M. BEST - LOSS CONTROL ENGINEERING SHOULDERS GUIDES COMPUTERERGONOMICS: EVERYBODY’S BEST’S MUNICIPAL UNDERWRITING GUIDE DIFFERENT BEST’S SAFETY DIRECTORY COMPUTERERGONOMICS: MAKE YOURSELF COMMERCIAL PROPERTY INSURANCE COMFORTABLE CONTRACTUAL RISK TRANSFER DON’TFALL FORIT: PREVENTING SLIPS, GOVERNMENT RISK MANAGEMENT MANUAL TRIPS, & FALLS HOW INSURANCE COMPANIES SETTLE CASES v J FIRE EXTINGUISHERS: FIRSTLINE OF PUBLIC EMPLOYEE SAFETY & HEALTH DEFENSE MANAGEMENT GET IT TOGETHER: SEATBELT SAFETY RISK MANAGEMENT & INSURANCE HANDS UP! AUDIT TECHNIQUES HOWTO CONDUCTA SAFETY MEETING: A RISK FINANCING PARTOF YOURJOB SAFETY TALKS IT WON’THAPPEN TO ME: ACCIDENTS IN SAFETY & THE SUPERVISOR THE WORKPLACE SAFETY & HEALTH LAW ENFORCEMENTLIABILITY ISSUES IN SOCIETY OF CERTIFIED INSURANCE THE 90S AND BEYOND COUNSELORS LAWENFORCEMENTLIABILITY: USE OF STATE OF MONTANA: EMPLOYEE SAFETY FORCE PROGRAM LAWENFORCEMENT LIABILITY: VEHICLE THE RISK REPORT OPERATIONS Order Form/Change ofAddress Form Nam e . Employer Ifilpgpjl Sill City. Mate .Zip Code. r&tr PMhone , MontanaStateLibrary 8 3 0864 006 8170 2 & Risk Management Tort Defense Division RiskManagment P.O. Box 200124 Advisory Committtee MT Helena, CathyMuri, 59620-0124 Departmentof GeorgeHarris Administration Departmentof Livestock Address Correction Requested SandraKuchenbrod, Departmentof CaptainThomas Agriculture Muri, DepartmentofMilitary BarbCharlton, Affairs Departmentof Commerce BruceSwick, DepartmentofNatural DickCrofts, Resources Commissionerof &Conservation HigherEducation GeraiynDriscoll, JanieWnnderwald, OfficeofPublic Departmentof Instructions Corrections AnnGilkey, JaneBenson, DepartmentofPublic Departmentof Health EnvironmentalQuality &HumanServices DonnaCampbell, LauraCaulkin, DepartmentofFish, PublicService & Commission Wildlife, Parks MikeZahn, SharonMcCabe, DepartmentofReveni^ ^ HistoricalSociety PatChenovlck, GaryManaghan, MontanaJudiciary OfficeofSecretaryof State KarenMunro, RISK MATTERS is apublication ofthe DepartmentofJustice BobPost, State ofMontana, Department of StateAuditors Administration, Risk Management& Tort DDeapvairdtSmceonttt,ofLabor& CarlSwanson, Defense Division, 1500 E., 6th Avenue, Industry StateCompensation Helena, Montana 59520-0124. Phone: InsuranceFund (406)444-2421 MikeBuckley, Departmentof Transportation Reprinting, excerpting, orplagiarizingany part ofthispublication is finewith us. Please send us acopy ofyourpublication, 500 copies ofthis edition were published ata costof $500. Distribution to: AH agencies ofstate government in executive, legislative, andjudicial branches and the university system. Copiesofthis bulletin should be placed in agencies* copies oftheStateof Montana, Risk Management Procedures Manual, SectionXII. Fall 1996. Published periodically C