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) 750-9836loy.dale@esd112.org loy.dale@esd112.org

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!