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Pacific Lutheran UniversityPacific Lutheran UniversityScience Lab SafetyScience Lab Safety2008 2008
RISK RISK MANAGEMENTMANAGEMENT
101101
Washington Schools Washington Schools Risk Management PoolRisk Management Pool
The Washington Schools Risk The Washington Schools Risk Management Pool (Pool) is a Management Pool (Pool) is a cooperative agreement among 149 cooperative agreement among 149 School Districts, eight educational School Districts, eight educational service districts and three education-service districts and three education-related interlocal cooperatives in related interlocal cooperatives in Washington state to provide coverage Washington state to provide coverage for the property and liability exposures for the property and liability exposures of its members. of its members.
UNIVERSITY LAB SCHOOL UNIVERSITY LAB SCHOOL FIREFIRE
Complex destroyed in fire at Complex destroyed in fire at Lab School Lab School
A fire destroyed the A fire destroyed the west wing of the west wing of the University of Hawai'i University of Hawai'i Lab School elementary Lab School elementary building on Metcalf building on Metcalf Street yesterday. Smoke Street yesterday. Smoke and flames could be and flames could be seen from as far away as seen from as far away as King Street in Mo'ili'ili. King Street in Mo'ili'ili.
Posted on: Wednesday, June 14, 2006
Parents’ Parents’ ExpectationExpectation
That their children That their children will be returned to will be returned to them in the them in the samesame conditioncondition as they as they
left for school that left for school that morning!morning!
Risk ManagementRisk Management
Identify Loss ExposuresIdentify Loss Exposures
PropertyProperty
PersonnelPersonnel
LiabilityLiability
Net incomeNet incomeSEVERITY vs. FREQUENCYSEVERITY vs. FREQUENCY
Risk Management Risk Management A B C’sA B C’s
A - Risk AvoidanceA - Risk Avoidance Don’t do the activity if it is too Don’t do the activity if it is too
dangerous or uninsurabledangerous or uninsurable B - Risk TransferB - Risk Transfer
Transfer the risk by contract or by Transfer the risk by contract or by insuranceinsurance
C – Loss Control C – Loss Control Control the activity to reduce the Control the activity to reduce the
frequency frequency and/or severity of lossesand/or severity of losses
LiabilityLiability The law recognizes that every The law recognizes that every
person/entity has legal interests that are person/entity has legal interests that are protected by criminal and civil law.protected by criminal and civil law.
Legal liability is responsibility imposed by Legal liability is responsibility imposed by law for an act or the failure to act .law for an act or the failure to act . Breach of this legal responsibility Breach of this legal responsibility
causes a party to be liable for any harm causes a party to be liable for any harm caused by the breach.caused by the breach.
NEGILGENCENEGILGENCE
Four Elements of Four Elements of NegligenceNegligence
All four must be proven in court All four must be proven in court for negligence to be assigned to for negligence to be assigned to the District:the District:
Duty OwedDuty Owed Duty BreachedDuty Breached Damage ResultingDamage Resulting Proximate CauseProximate Cause
District LiabilityDistrict Liability High risk activities require higher High risk activities require higher
standard of care from staffstandard of care from staff School Districts are targets for School Districts are targets for
lawsuits by plaintiff’s attorneys – not lawsuits by plaintiff’s attorneys – not just “in loco parentis” doctrine.just “in loco parentis” doctrine.
Multi-Million Dollar Multi-Million Dollar Awards/Settlements for student Awards/Settlements for student injuriesinjuries
Personal LiabilityPersonal Liability Named as individuals in a lawsuit Named as individuals in a lawsuit
along with the school districtalong with the school district
Service of Summons and Complaint Service of Summons and Complaint at home or place of employment at home or place of employment naming you individually as a naming you individually as a defendantdefendant
You Are CoveredYou Are Covered You are a Named Insured under You are a Named Insured under
the District’s Insurance Coveragethe District’s Insurance Coverage
While acting within the course While acting within the course and scope of your employmentand scope of your employment
Always excluded are criminal Always excluded are criminal and intentional actsand intentional acts
(But best not to assume & (But best not to assume & check w your provider)check w your provider)
Standards Of Care Standards Of Care Establish DutiesEstablish Duties
By statute and case lawBy statute and case law By district policyBy district policy By accepted safety standardsBy accepted safety standards By common practice By common practice (neighboring school (neighboring school
districts; community)districts; community)
By forseeability By forseeability (a legal standard meaning (a legal standard meaning “knew or should have known”)“knew or should have known”)
Other considerationsOther considerations
Lack of funding is never acceptable excuseLack of funding is never acceptable excuse You don’t HAVE to do anything-if you can’t do You don’t HAVE to do anything-if you can’t do
it safely…what is the alternative?it safely…what is the alternative? Variables such as maturity, size, age, Variables such as maturity, size, age,
mental capacity of students, and the mental capacity of students, and the nature of the activities must always be nature of the activities must always be considered.considered.
Warnings should be both verbal and Warnings should be both verbal and writtenwritten
Document, Document, Document…Document, Document, Document…
Issues Found in School Issues Found in School LabsLabs
Unsafe storage & disposal practices Unsafe storage & disposal practices Lack supervision/improper accessLack supervision/improper access Degraded chemicals & degraded containersDegraded chemicals & degraded containers Unprepared for spills or earthquakesUnprepared for spills or earthquakes Poor housekeeping Poor housekeeping – inadequate facility – inadequate facility
usageusage Inadequate compliance – I.E. CHP/CHOInadequate compliance – I.E. CHP/CHO
Eye washes & showers!Eye washes & showers! Chemical purchasing practices & lab Chemical purchasing practices & lab
exercises create more waste & more risks exercises create more waste & more risks
School District School District ClaimsClaims
Chemicals splashed in eyesChemicals splashed in eyes Shards of glass from exploding Shards of glass from exploding
beakers during experimentsbeakers during experiments Dermal exposureDermal exposure Inhalation exposureInhalation exposure Property damage by fireProperty damage by fire
MethanolMethanol
ChemicalChemicalHygiene PlanHygiene Plan
Required by WISHA (WAC 296-62-Required by WISHA (WAC 296-62-40009) and OSPI40009) and OSPI
Enforced by WISHA compliance Enforced by WISHA compliance inspectors – Hazard Communication inspectors – Hazard Communication Standard violations most common Standard violations most common penalty assessed to schoolspenalty assessed to schools
Possible severe monetary penalties Possible severe monetary penalties imposedimposed
Creates liability if not in complianceCreates liability if not in compliance
Lab Safety Plan Lab Safety Plan
Provide PPE and Provide PPE and enforce enforce
Practice experiments Practice experiments beforebefore demonstrating demonstrating to classto class
Maintain eye wash/chemical shower Maintain eye wash/chemical shower (monthly)(monthly)
Provide adequate ventilation Provide adequate ventilation (fume hoods, (fume hoods, storage areas)storage areas)
Annual inventory of chemicalsAnnual inventory of chemicals
Lab Safety PlanLab Safety Plan Provide inventory list to fire Provide inventory list to fire
departmentdepartment
Appropriate storage of chemicalsAppropriate storage of chemicals
Have first aid supplies availableHave first aid supplies available
Reduce quantities of chemicalsReduce quantities of chemicals
Post evacuation routesPost evacuation routes
Post 911 near phone (9-911?)Post 911 near phone (9-911?)
Emergency MedicalEmergency Medical
Render Emergency First AidRender Emergency First Aid
Call 911 if any doubt - err on the side Call 911 if any doubt - err on the side
of cautionof caution
Call office to notify parentsCall office to notify parents
EMT/Paramedics make the decision to EMT/Paramedics make the decision to
transport, not parents.transport, not parents.
Timely Reporting Timely Reporting RequirementsRequirements
Report Incident to insurer via Risk Report Incident to insurer via Risk Manager at your School District Manager at your School District OfficeOffice
Call if serious injuryCall if serious injury Document Document FactsFacts Not Not FeelingsFeelings We can help if we know quickly We can help if we know quickly
(damage control)(damage control) We DON’T like to see it on television We DON’T like to see it on television
(or in the newspaper) first!(or in the newspaper) first!
ConfidentialityConfidentiality Loose Lips Sink ShipsLoose Lips Sink Ships
Claims adjuster will go through Claims adjuster will go through
appropriate channels (Superintendent or appropriate channels (Superintendent or
Risk Manager)Risk Manager) Will identify themselves as WSRMP Will identify themselves as WSRMP
adjuster, and show picture I.D.adjuster, and show picture I.D. Our defense attorneys will be introduced Our defense attorneys will be introduced
to you by WSRMP and district staffto you by WSRMP and district staff Breach can be separate cause of action Breach can be separate cause of action
due to FERPA violationdue to FERPA violation
Don’t Panic!Don’t Panic! REMEMBER: It didn’t happen over REMEMBER: It didn’t happen over
night & You won’t fix it in a week!night & You won’t fix it in a week!
TAKE A DEEP BREATH AND THEN TAKE A DEEP BREATH AND THEN DECIDE DECIDE
……. . What should I do First?What should I do First? Set small goalsSet small goals Build a team with respect and Build a team with respect and
patience patience Ask for help Ask for help
Use Your DistrictUse Your DistrictRisk ManagerRisk Manager
Your school district risk manager is there Your school district risk manager is there to help youto help you
If problem with facilities they can help to If problem with facilities they can help to resolve themresolve them
They have resources and expertise and They have resources and expertise and access to outside consultants (insurer, access to outside consultants (insurer, state, etc.)state, etc.)
They are your allyThey are your allyAsk your Business Office or Who you send Ask your Business Office or Who you send
student /staff accident report forms to….student /staff accident report forms to….
Your Insurance ProviderYour Insurance Provider
Washington Schools Risk Washington Schools Risk Management PoolManagement Pool
Pool Website address: www.wsrmp.comPool Website address: www.wsrmp.com
Secured Member’s Only site: Secured Member’s Only site: https://www.wsrmp.comhttps://www.wsrmp.com
1 800 488 7569 or 1 800 488 7569 or 206 394 9737 206 394 9737
SW Washington Risk SW Washington Risk Management Insurance Management Insurance
CooperativeCooperative SWRMICSWRMIC c/o ESD 112 c/o ESD 112
2500 NE 65th Avenue2500 NE 65th AvenueVancouver WA 98661-6812Vancouver WA 98661-6812
Loy DaleLoy DalePhone: (360) 750-7504Phone: (360) 750-7504Fax: (360) 750-9836Fax: (360) [email protected] [email protected]
Canfield Canfield United Schools Insurance United Schools Insurance
Program (USIP)Program (USIP) or or Schools Schools Insurance Association of Insurance Association of
WashingtonWashington 451 Diamond Drive451 Diamond Drive
Ephrata WA 98823 Ephrata WA 98823
http://www.canfield-associates.com/http://www.canfield-associates.com/
Other ResourcesOther Resources
Other Science Teachers/Professional Other Science Teachers/Professional OrganizationsOrganizationshttp://www.wsta.net/html/index.phphttp://www.wsta.net/html/index.php
Local Colleges/UniversitiesLocal Colleges/Universities State Dept of Health School State Dept of Health School
Environmental Health and Safety Environmental Health and Safety Program Program http://www.doh.wa.gov/ehp/ts/School/http://www.doh.wa.gov/ehp/ts/School/default.htmdefault.htm
More….More….
Your Local Health DepartmentYour Local Health Department City or County Solid Waste City or County Solid Waste
DepartmentDepartment Moderate Risk Waste facilityModerate Risk Waste facility
Department of EcologyDepartment of Ecology Department Labor and Industries Department Labor and Industries
CONSULTATION SERVICES vs CONSULTATION SERVICES vs COMPLIANCECOMPLIANCE
Who’s WhoWho’s Who
EPAOSHA
ENVIRONMENT WORKERS
FEDERAL
STATE DOE WISHA/L&I
CFR
WAC
LOCAL
Health DeptPublic WorksEtc…
And More….And More…. The The High School SafetyHigh School Safety Web Pages A Web Pages A
simple set of pages covering all aspects of simple set of pages covering all aspects of high school lab safetyhigh school lab safety, including photos., including photos.www.chem.unl.edu/www.chem.unl.edu/safetysafety/hs/hslablabcon.html con.html
Flinn Scientific Flinn Scientific Subscribe to their free Subscribe to their free laboratory laboratory safetysafety-training program for -training program for junior and senior junior and senior high schoolhigh school science science teachers. teachers. www.flinnsci.com/Sections/Safety/www.flinnsci.com/Sections/Safety/safetysafety..aspasp
Thank youThank you
And be safe!And be safe!