Should we post signs in our playground?
Please Note: The risk management opinions below are intended to assist you in your loss control efforts. We do not assume responsibility for the discovery or elimination of all hazards, which could possibly cause accidents or losses. Recommendations are developed from experience and may not include every possible cause of loss. Compliance with these recommendations does not guarantee the fulfillment of your obligation under local, state, or federal law.
The question of whether signage is effective at reducing accidents on playgrounds has been debated for many years. Since supervision is not provided in many public play areas, signs can be used to educate users. Good signage is a form of supervision and as such may help reduce injuries as well as claims of negligence in playground liability cases. Another purpose is to get feedback from users on things that concern them, are broken or in need of attention.
Here are some things to consider:
Placement
* Signs should be placed in conspicuous areas, near entryways and equipment.
Language
* At a minimum, the playground should have a sign that states the age group for which it was designed.
* Other language should include:
- Rules of Use (don't stand on the slide; no bare feet, etc.).
- Hours of operation.
- Area to be used only with adult supervision.
- Safety warnings (do not use equipment when wet; no running, pushing, or shoving, etc.).
- Ask users to report any unsafe equipment or conditions; provide a phone number.
Construction
* Yellow background (universal color for caution signs) with black text.
* Size appropriate for location (at least 11"x17").
Maintenance
* All signs should be checked frequently and repaired or replaced as needed so they remain legible.
If you would like more information or would like to discuss one of these questions further, please contact the VLCT Safety & Health Promotion Department at 800-649-7915.
How old do you need to be to drive a fire truck?
Please Note: The risk management opinion below is intended to assist you in your loss control efforts. We do not assume responsibility for the discovery or elimination of all hazards, which could possibly cause accidents or losses. Recommendations are developed from experience and may not include every possible cause of loss. Compliance with these recommendations does not guarantee the fulfillment of your obligation under local, state, or federal law.
Eighteen years of age, in the opinion of the VLCT Safety and Health Promotion Department. Many states, including Vermont, require operators of vehicles with weights of 26,000 lbs. or more to have a Commercial Drivers License (CDL). Requirements for this license recognize the hazardous nature of operating a vehicle of that size and complexity. They include:
* 18 years old and have a valid Vermont Class I license to get a learner's permit for a CDL.
* Physical exam within the last two years.
* Must pass (classroom) knowledge and vision test.
* While learning (hands on) you must be accompanied by a holder of a CDL.
* Must pass skill test (road test).
* Minimum of 18 to get a CDL and operate within Vermont; 21 if you go to another state (interstate commerce).
Unfortunately, from a safety standpoint, even though fire apparatus is among some of the largest on the road and is operated in close quarters under emergency conditions (adrenaline), it is excluded from these requirements.
However, the VLCT Safety and Health Promotion Department believes that our child labor laws prohibit anyone under 18 from operating certain pieces of hazardous equipment including trucks. This thinking recognizes the serious hazards to both the driver and public, and we believe it is good advice. Some might choose to ignore this because they question the employee-employer relationship in the volunteer fire service, but we think it is the spirit of the law that is important.
Beyond the obvious possible loss of a $500,000 piece of equipment and injury or death to the driver and others, you need to consider the impact on taxpayers when a young, inexperienced driver doesn't arrive on the emergency scene in time to take action. Even the best-financed and trained emergency responders are of little value if they don't get to the scene.
Our advice is to follow the requirements for a CDL license and, in fact, this is what many departments do.
If you would like more information or would like to discuss one of these questions further, please contact the VLCT Safety & Health Promotion Department at 800-649-7915.
As an elected official in my community, what can I do to help with our safety and risk management activities?
Please Note: The risk management opinion below is intended to assist you in your loss control efforts. We do not assume responsibility for the discovery or elimination of all hazards, which could possibly cause accidents or losses. Recommendations are developed from experience and may not include every possible cause of loss. Compliance with these recommendations does not guarantee the fulfillment of your obligation under local, state, or federal law.
No safety program will work for long without strong, sincere commitment and support from senior management. That's you. Here are a few things you can do that will really help:
* Insist that town officials take a proactive approach to reducing risk; develop a Safety Policy.
* Compare your operations to VOSHA and other standards and formulate a plan to make needed changes.
* Get employee input on hazards and how to eliminate them. Often, the people actually doing the job are in the best position to understand the problems associated with their activities.
* Provide visible and active support ("walk the walk").
* Develop overall goals for the program.
* Assign responsibility and authority.
* Provide reasonable resources.
* Form a Safety Committee.
* Design a system to measure performance. Integrate Safety/Risk Management into all jobs.
- Hold all employees accountable for working safely and achieving results.
- Include safety results in all performance evaluations.
If you would like more information or would like to discuss one of these questions further, please contact the VLCT Safety & Health Promotion Department at 800-649-7915.
We want to build a skate park. What are some of the issues we should consider?
Please Note: The risk management opinions below are intended to assist you in your loss control efforts. We do not assume responsibility for the discovery or elimination of all hazards, which could possibly cause accidents or losses. Recommendations are developed from experience and may not include every possible cause of loss. Compliance with these recommendations does not guarantee the fulfillment of your obligation under local, state, or federal law.
Skate parks can be hazardous, yet when properly designed and maintained can be a great asset to the children in your community. Here is an outline of some things to consider. If they are implemented, they will increase the probability of enjoyment and decrease the chance of injury.
Design
* Study existing facilities in other communities
* Use a professional, experienced designer
* Get input from local skaters
* Design for a reasonable degree of difficulty
- Too hard - more injuries
- Too easy - boredom and lack of use
* Use high quality equipment and materials
* Follow manufacturer's instructions
* Establish a flow (direction of travel) of people and activities
* Include an enclosure
* Separate skaters from others (spectators, walkers, etc.) with fence or net (to contain flying boards)
Ramps
* Structural integrity and stability
* Surfaces concrete with steel edges for smooth, durable riding surface
* Test by experts
* Color code for degree of difficulty
Drainage
* Remove all water
Lighting
* If open after dark
Rules of Operation
* Require personal protective equipment
- Helmet
- Knee and elbow pads
- Wrist guards
- Gloves
* Policy on use by bicycles
- Significant increase in hazard
- Should not allow use of skate facility
* No alcohol, drugs, glass containers
* Keep spectators off the court
* Hours of operation
* Method of supervision
- Who
- How
- When
* All rules in writing and posted
- Require users to pre-register (like other youth sports)
- Participants and parents sign waivers
- Determine and implement appropriate signage
- Clarify responsibility
- Inspect to make sure they aren?t removed
Supervision
* Adequate supervision
- Supervisor knows skill levels
- Supervisor authority (need to define)
- Emergency response plan in place?
- First Aid, CPR, trained
- Phone contact for emergency
- 911?
* List of emergency numbers
* Phone immediately accessible
* Site accessible to emergency apparatus
Maintenance & Inspection
* Inspection on-going daily
- All surfaces, ramps, walkways, etc.
- Slip, trip & fall hazards
- Gaps, cracks, debris
- Nets, fences, etc.
- Condition of signs
* Make observations of how equipment is being used (as intended?)
* Provide brooms so participants can keep surfaces clean
* Develop checklists specific to your facility for both maintenance and inspection
If you would like more information or would like to discuss one of these questions further, please contact the VLCT Safety & Health Promotion Department at 800-649-7915.
Could you please tell us about the risk management issues we face when our municipality is engaged in fireworks displays? As the local fire chief, I am responsible for issuing permits for all such activities. Frankly, I don't know enough about the topic to ask the proper questions.
Please Note: The risk management opinions below are intended to assist you in your loss control efforts. We do not assume responsibility for the discovery or elimination of all hazards, which could possibly cause accidents or losses. Recommendations are developed from experience and may not include every possible cause of loss. Compliance with these recommendations does not guarantee the fulfillment of your obligation under local, state, or federal law.
Fireworks have been a part of American celebrations for as long as most of us can remember. They have provided countless hours of entertainment and fun for many. However, if used incorrectly they can also cause serious injury and/or destruction of property. Consequently, there are state and federal requirements as well as National Fire Protection Association standards that address safety issues.
Our role as risk managers is not to tell you what to do or not to do but to help you identify hazards or conditions that increase your municipality's liability exposure and discuss ways to reduce this liability. Fireworks can present significant exposure to claims of negligence against municipalities, especially if permits are issued without the proper situational analysis and thought.
The intent of this FAQ is to increase your awareness of these hazards and provide some references and tools you can use to help manage the exposure to claims and injuries from fireworks displays held outside. Any use of fireworks or other pyrotechnic devices inside a building or other structure is beyond the scope of this FAQ.
VLCT wishes to thank the Fire Prevention Division of the Vermont Department of Labor & Industry for its cooperation in preparing this FAQ. Nothing contained in this FAQ is intended to take the place of the appropriate laws, rules or regulations. We recommend that you obtain, study and follow the advice given in each of the appropriate standards, etc.
You should become familiar with the following:
* Vermont State Statute Title 20: Internal Security & Public Safety, Chapter 177: Explosives & Fireworks
* National Fire Prevention Association code for Fireworks Display (NFPA 1123)
* National Fire Prevention Association code for the Manufacture, Storage, Retail Sale of Fireworks & Pyrotechnic Articles Fireworks Display (NFPA 1124)
* Department of Labor & Industry Fire Prevention Division Web Site, www.Vermont.gov
* U.S. Consumer Protection Title 16, Code of Federal Regulations, Parts 1500 & 1507
* The Vermont Fire Prevention & Building Code
Definitions (NFPA 1123 Chapter 1)
* Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Most often this is the local Fire Chief.
* Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation that meets the definition of Consumer Fireworks or Display Fireworks.
* Consumer Fireworks. Any small fireworks device designed primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, Parts 1500 and 1507.
* Display Fireworks. Fireworks devices intended for use in fireworks displays that are presented in conformance with the provisions of this code and that are designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation.
* Fireworks Display. A presentation of fireworks for a public or private gathering.
* Permitted Supervised Public (or Private) Fireworks Display. A display using either Consumer or Display fireworks that the Fire Chief has issued a permit for and that a competent person (s) supervises.
* Operator. The person with overall responsibility for the safety, setup, and discharge of an outdoor fireworks display.
* Sponsor. The organization (person, group, or government agency) that arranges with a duly authorized fireworks supplier for its services in presenting a fireworks display or in providing fireworks for use in a display.
* ATF. The U.S. Bureau of Alcohol, Tobacco & Firearms
Key Concepts
* Sparklers less than 14 inches long with no more than 20 grams of pyrotechnic mixture and novelty sparkling items limited to snakes, party poppers, glow worms, smoke devices, string poppers, snappers, or drop pops with no more than 0.25 grains of explosive mixture, that are in compliance with U.S. Consumer Product Safety Commission regulations, are now legal for sale and use in Vermont.
* All fireworks, not including sparklers and novelty sparkling items, are illegal in Vermont, except for permitted supervised public fireworks displays. A permit for a display is obtained from the chief of the fire department after it is determined by the fire and police chief that the fireworks display will be handled by a competent operator in a manner that will not be hazardous to people or property. Application for a permit must be made at least 15 days in advance of the fireworks display. A permit is non-transferable. Information on the definitions, prohibitions, permits; seizure and penalties in Vermont law regarding sparklers and fireworks is located in 20 V.S.A. ??3131, 3132 and 3135.
* In addition to the permit from the fire chief there is now an additional federal requirement for a public fireworks display. Effective May 24, 2003, a permit is required from the U.S. Bureau of Alcohol, Tobacco & Firearms (ATF) to contract for, purchase or receive display fireworks. The contract, purchase or receipt of Class 'C', or consumer fireworks, as part of a public fireworks display, does not require an ATF permit, but a permit from the fire chief is still required. A municipality is exempt from the requirement to have an ATF permit to contract for, purchase or receive display fireworks. This exemption doesn't extend to parties providing services to the municipality. Please contact the Fire Prevention Division of Labor & Industry for additional information on this permitting process.
* For more information on the qualifications of operators, the selection of display areas, discharge and fall-out areas, site security and crowd control and the operation of the display see NFPA 1123.
Potential exposure to the municipality can stem from several situations; we think the following are most likely:
1. "A Permitted Supervised Public Fireworks Display" sponsored and operated by municipal employees or volunteers.
2. "A Permitted Supervised Public Fireworks Display" sponsored by the municipality, but operated by others.
3. "A Permitted Supervised Public (or Private) Fireworks Display" not sponsored or operated by the municipality, but takes place within the municipality.
4. "A Permitted Supervised Public (or Private) Fireworks Display" using Class C Consumer Fireworks (those that don't require ATF permit) under the authority of a municipal permit.
Let's look at each of these potential problem scenarios:
1. "A Permitted Supervised Public Fireworks Display" sponsored and operated by municipal employees or volunteers.
* It is our opinion that municipalities should avoid the serious hazards that come with conducting these displays without the use of well-experienced experts.
* There have been countless stories of serious accidents and injuries that have occurred when people thought they knew what they were doing. This is serious stuff - leave it to the experts, as any extra cost is well worth it in the long run.
* If you do decide to take this on with your employees or volunteers please contact the PACIF underwriting department at least 60 days prior to the event.
* Put the individuals (even if they are your employees) involved through the permitting process, using the sample questionnaire that is part of this FAQ as a guideline. Your fire chief, with input from the police chief, needs to issue the permit and document the process used to determine the competency of the individuals who will conduct the display, as well as all safety precautions. If you don?t have a fire chief, the responsibility falls to the selectboard.
* Use the Public Fireworks Display Checklist prepared by the Fire Prevention Division of the Dept. of Labor & Industry and made a part of this FAQ.
2. "A Permitted Supervised Public Fireworks Display" sponsored by the municipality, but operated by others.
* This is the preferred way to go from a risk management perspective. The extra cost to have this dangerous job done by experienced experts is well worth it; you will sleep better at night.
* Make sure the vendor you choose is experienced. Ask for references from other communities.
* Ask for proof of financial responsibility in the form of a certificate of insurance with sufficient limits for workers' compensation, as well as general liability (including property damage). If you have questions please call our PACIF underwriting department.
* Your Fire Chief, with input from the Police Chief, needs to issue the permit and document the process used to determine the competency of the individuals who will conduct the display as well as all safety precautions. If you don't have a Fire Chief, the responsibility falls to the Selectboard. Use the sample permit questionnaire that is part of this presentation as a guideline.
* Use the Public Fireworks Display Checklist prepared by the Fire Prevention Division of the Dept. of Labor & Industry and made a part of this FAQ.
* Get a copy of the vendor's ATF permit.
3. "A Permitted Supervised Public (or private) Fireworks Display" not sponsored or operated by the municipality, but takes place within the municipality.
* Your Fire Chief, with input from the Police Chief, needs to issue the permit and document the process used to determine the competency of the individuals who will conduct the display as well as all safety precautions. If you don't have a Fire Chief, the responsibility falls to the Select board. Use the sample permit questionnaire that is part of this FAQ as a guideline.
* Use the Public Fireworks Display Checklist prepared by the Fire Prevention Division of the Dept. of Labor & Industry and made a part of this FAQ.
* Get a copy of the vendor's ATF permit.
4. "A Permitted Supervised Public (or private) Fireworks Display" using Class C Consumer Fireworks (those that don't require ATF permit) under the authority of a municipal permit.
* Your Fire Chief, with input from the Police Chief, needs to issue the permit and document the process used to determine the competency of the individuals who will conduct the display as well as all safety precautions. If you don't have a Fire Chief the responsibility falls to the Selectboard. Use the sample permit questionnaire that is part of this FAQ as a guideline.
* Use the Public Fireworks Display Checklist prepared by the Fire Prevention Division of the Dept. of Labor & Industry and made a part of this FAQ.
For additional information on sparklers, fireworks, forms or educational material contact: Robert M. Howe, Assist. Fire Marshal, at 800-640-2106.
The VLCT Safety and Health Promotion Department has also posted sample forms (Municipal Fireworks Display Permit; Municipal Fireworks Display Permit Application; and Public Fireworks Display Survey Checklist) in the Safety and Health Promotion Library.
If you would like more information, or would like to discuss one of these questions further, please contact the VLCT Safety and Health Promotion Department at 800-649-7915.
We are often asked for our risk management advice regarding Junior Fire Fighter Programs. Here is our opinion.
Please Note: The risk management opinions below are intended to assist you in your loss control efforts. We do not assume responsibility for the discovery or elimination of all hazards, which could possibly cause accidents or losses. Recommendations are developed from experience and may not include every possible cause of loss. Compliance with these recommendations does not guarantee the fulfillment of your obligation under local, state, or federal law.
Every community relies on a well-trained and motivated fire department to protect its property and health. A Junior Firefighter or apprentice type program can help to develop the next generation of firefighters and in that sense has value. They also, in our opinion, present significant risk.
Fire fighting is an extremely dangerous profession; we believe national statistics rank it as the most dangerous. Firefighters rank as the second most hazardous occupation in our pool. They have been responsible for over 15 % of all workers' compensation losses over the last 13 years and have the highest average cost per accident.
On a national level there are an average of 117 duty related deaths per year, 63 of which are volunteers. This occupation is faced with severe physical hazards as well as hazards associated with chemical, biological, radiation and oxygen deficient atmospheres. Some of these can cause acute and or chronic disease even at low exposure levels. Training in fire science, emergency response, safety procedures and good physical conditioning is critical.
In our view, any decision to institute a Junior Program must weigh the benefit versus risk very carefully. If the decision is to move forward, the program should focus on good selection and proving a high level of quality training.
The following are some guidelines we feel should help to control the risk while achieving the objective of creating motivated, well-trained future firefighters.
* Competent Person. The entire program should be designed and implemented by the department Training Officer in accordance with NFPA 1001(the Standard for Professional Qualifications) and NFPA 1500 (the Standard for Fire Department Occupational Health & Safety). The Training officer should personally provide all practical skill training.
* Plan of Operation. A detailed written plan should be prepared and referred to the Fire Chief and others, including legal counsel for review and approval prior to implementation. The focus should be on training. Those activities that are permitted as well as those that are not should be spelled out clearly. It should include detail training to be completed successfully before an 18 year old is permitted at an emergency scene.
* Management Oversight. The Fire Chief is accountable for the overall management of the program. Oversight should include observation, as well as other appropriate methods, to assure the written plan is adhered to. An annual report to town management may be appropriate. Since we are suggesting medical as well as physical testing a local legal opinion relative to ADA and privacy issues may me in order.
* Candidate Entrance Requirements -
1. The minimum age for any involvement should be 16.
2.All candidates should demonstrate excellent character.
3. All candidates must have written parental approval to apply for membership. Parents should be provided with a copy of the plan of operation prior to granting permission.
4. The candidate's physician should provide written permission before they are exposed to any physical testing referred to in NFPA 1582, OSHA 1910.134 (Respiratory Standard) or other standards. Physicians should be provided with copies of the plan of operation, NFPA 1582 and OSHA 1910.134 prior to granting permission.
5. Candidates should meet the medical requirements of NFPA 1582 (the Standard on Medical Requirements for Fire Fighters and Information for Fire Department Physicians) as well as the OSHA 1910.134 Respiratory Standard.
6. The candidate should satisfy all requirements of NFPA 1001 Chapter Four (the standard for Fire Fighter Professional Qualification) or other appropriate state standards
* Duties -
1. Duties of 16-year old students should be limited to classroom training only.
2. Duties of 17-year-old students should continue to focus on training, but they could have some non-emergency scene responsibilities such as equipment maintenance or administrative duties under direct supervision. No assignment should violate (the spirit) of state and federal child labor laws. Prohibited activities include driving or riding on the outside of a truck, operating a ladder or other power driven hoisting apparatus, or working on a roof.
3. 16- and 17-year old students should not be at an emergency scene or fire ground.
4. Driving. No one under 18 years of age should operate an emergency vehicle. They should not operate their personal vehicle in an emergency response situation (getting to the station to perform administrative duties while others are at a scene) Junior Firefighters should not be issued red light permits. All drivers should meet the requirements of NFPA 1002 the Standard for Fire Apparatus Driver Qualifications as well as NFPA 1500 chapter 6 and State CDL guidelines.
5. Juniors should not be allowed to carry active pagers while in school.
6. Duties of 18-year old students should be governed by NFPA 1001, State standards.
* Educational Requirements ? Students should be expected to maintain satisfactory grades in all school subjects. Grades should be reviewed regularly and appropriate disciplinary action included in the Plan of Operation. Parents, school administrators and the Fire Chief should work cooperatively to achieve this goal.
We realize that suggesting extensive medical, physical and character requirements for individuals who will not be involved in emergency situations may seem inappropriate. However, if the program goal is to develop future firefighters, we believe it is more appropriate to screen for medical, physical or character problems now rater than later. It simply wouldn't be fair to the student to spend two years learning and preparing for a career in firefighting only to find out down the road there is a medical or other problem that would preclude them from following their dream.
If you would like more information or would like to discuss one of these questions further, please contact the VLCT Safety & Health Promotion Department at 800-649-7915.
