Liability Coverage for Police K-9s

Liability Coverage for Police K-9s

The responsibility to respond to our members' coverage questions and provide coverage interpretation primary falls on OMAG’s Underwriting and Member Services Departments with support provided by OMAG’s Legal and Risk Management Departments. Providing a clear and consistent response to these inquiries is always our goal.

Our members occasionally ask, “Does the Municipal Liability Protection Plan provide coverage for our police department K-9s? And is there coverage provided when they are off duty?

The OMAG Municipal Liability Protection Plan does provide automatic general liability coverage for your K-9s while on duty. OMAG requires the K-9 and the handler to maintain their CLEET certification. 

One example of how our coverage might work would be: Let’s say the dog is trained to be passive in his response by barking or going on point to indicate he recognizes something, and damage occurs when he jumps on a vehicle. This damage would not be expected, as the normal passive response would not lead to any damage occurring. A third party can file a claim for their damages in this instance.

In another instance, if the dog is trained to respond to drug search in an aggressive manner (by jumping up onto the vehicle to indicate something has been found) and damages the vehicle, then the OMAG policy would not provide coverage.  In this case the officer should take measures (cover paws) if he knows that the dog will respond by jumping on the vehicle. This would be damage that would be expected or intended and is excluded on the policy.

When the K-9 is off duty and being kenneled, it is important to remember that the OMAG policy would respond to a claim filed for bodily injury or property damages only if the K-9 is being kenneled on city property. If the K-9 is being kenneled at a private residence, that individual’s homeowner’s policy would respond, should bodily injury or property damage occur. 

The OMAG policy does not provide coverage for animal mortality, but we do have a market that provides for that type of policy/coverage separately if you should be interested.  

Please contact Randy Stone, Underwriting Director, at (800) 234-9461 or rstone@omag.org if you have questions about this coverage or any other questions about the policies we offer.

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Horseplay - Only Fools Do It!

Horseplay - Only Fools Do It!

Be alert don’t get hurt! Horseplay has no place on the job. It usually leads to an accident or could lead to an act of violence. Someone decides to horse around or play a practical joke on someone else. One thing leads to another, and before you know it someone gets hurt or property is damaged. Think back to when you were in school. You can probably remember horseplay beginning in the elementary grades and continuing through middle and high schools. You probably know someone who did it; most likely you even participated in some horseplay yourself. Sometimes it seems like no big deal but sooner or later things go wrong and one or more people get hurt. 

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Drones - What is the Effect of the New FAA Regulations?

Drones - What is the Effect of the New FAA Regulations?

Drones are more than a passing fad or hobby - they have widespread private and public implications.  In the United States last year drones mapped approximately 2 million acres, however, in the last 4 months commercial drone users mapped 3 million acres.  The explosive growth of Unmanned Aircraft Systems (UAS) is due in large part to decreasing price points and new technology.  Drones are expected to total some 1.4 million by 2025.

Public entities have utilized drones for a multitude of tasks, such as:
    Search & Rescue Operations
    Aerial photography, inspection and mapping
    Crime, accident and fire investigation and documentation
    Monitoring/Inspecting powerlines, pipelines and infrastructure
    Law enforcement surveillance

Municipalities wishing to leverage this technology in their operations will be required to comply with the FAA’s newly released Part 107 regulations which became effective at the end of August 2016.  In addition to the FAA regulations, Oklahomans also need to be aware of HB 2599, that Mary Fallin signed into law in May of this year. House Bill 2599 restricts drone flight near any critical infrastructure such as: power plants, refineries/petro-chemical facilities and railroad facilities to name a few. However, HB 2599 does not apply to the federal government, the state or a political subdivision of the state or a law enforcement agency.

Municipalities making the plunge into the use of this new technology have 2 options to comply with the new FAA regulations: 
1.   Follow the same rules as business users. That is, the FAA’s small UAS rule (known as “Part 107”)
2.   As a Government Entity you may apply for a blanket public Certificate of Authorization (COA) which allows flights at or below 400 ft in Class G airspace, self-certification of the UAS pilot and the ability to obtain emergency COAs under special circumstances.

Municipalities opting for compliance under Part 107, can get training here in Oklahoma through Oklahoma City Community College’s Professional Development Institute. OCCC’s Professional Development Institute offers an innovative program to help operators learn how to properly use drones and stay in compliance with the ever-changing rules that drone operators are required to follow. For more information on the courses offered at OCCC, contact Patrick Clanin by phone at (405) 682-7854 or via e-mail at patrick.a.clanin@occc.edu.

To learn more about the new FAA Unmanned Aircraft System Regulations, you can visit the FAA’s website at www.faa.gov/uas. In addition, OMAG has formed an affiliation with “Know Before You Fly,” a non-profit organization that provides information on the FAA’s regulations and resources to determine which route of compliance is appropriate for your organization. You can visit their website at www.knowbeforeyoufly.org.

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Wearing Safe Clothing To Work

Wearing Safe Clothing To Work

Have you ever heard the phrase "to die for", sometimes used in reference to fashionable clothes? It kind of takes a different meaning when you're talking about the potential hazards the wrong clothes could pose in your work environment. What you wear to work may cause you to be injured! 
 
The fact is the clothes you wear to the job site can affect your safety and the safety of co-workers. A simple example is the length of your pants. If they are too long you can easily catch your heel in them stepping down some stairs or out of a vehicle and trip yourself. 

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Health Hazards

Health Hazards

Public Works has many different hazards workers need to be aware of and the municipality must have procedures in place to ensure workers are protected.  One issue to consider is Health Hazards such as Lead, Silica, Asphalt, etc.  Print the brochure below to share with your employees who may work around these hazards.  

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Municipal Fire Department Controlled Burns

Municipal Fire Department Controlled Burns

The responsibility to respond to our members' coverage questions and provide coverage interpretation primarily falls on OMAG’s Underwriting and Member Services Departments with support provided by OMAG’s Legal and Risk Management Departments. Providing a clear and consistent response to these inquiries is always our goal.

Our members occasionally ask “Does our Municipal Liability Protection Plan (MLPP) provide coverage for any property damage or bodily injury that might occur if our fire department is executing a controlled burn?” 

If your Fire Marshall or Fire Chief has jurisdictional authority to execute these “controlled burns” your next call should be to the Oklahoma Department of Environmental Quality to notify them and get further instruction on proper handling including any permit that is required or notice to property owners.  As with any other municipal duty performed, we always have a responsibility to protect the public and follow responsible procedure.   

If the proper procedures and regulations are followed OMAG does provide coverage under the MLPP.  Please don't hesitate to contact Randy Stone, Underwriting Director, if you have further questions about this topic.  Randy can be reached at rstone@omag.org or (800) 234-9461.

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New Worker, Higher Risk

New Worker, Higher Risk

New workers on the job are at a 40% greater risk of being injured on the job in the first year of service. According to the Bureau of Labor Statistics (BLS) new hires face a greater chance of being injured on the job when they have been in their position less than a year. Why are they more likely to be hurt? The BLS studies show that these employees lack one vital tool to protect themselves: Information. More experienced workers have learned the lessons already. Either by personal experience or by seeing someone else go through a bad experience. Let’s look at some information gathered by the Bureau of Labor Statistics Surveys: 
      
27% of workers injured while working on scaffolding stated they had never received instruction on the proper way to install scaffolding or never received information on safety requirements involving the use of scaffolding. 
 
71% of workers receiving head injuries claimed they never received training on the need to use hardhats while performing their duties. 
 
61% of workers hurt while servicing equipment said they were never informed of lockout/tagout procedures in dealing with the equipment or machinery they were servicing.  
 
In nearly every type of injury studied by BLS researchers, the same story was repeated over and over; Workers did not receive instruction or training in safety prior to performing the job. Nearly 1 in 5 say they received no safety training before requested to do a task.  
 
What can Workers do? 
•    Be sure to understand all necessary safety measures before you start to work; If an explanation is unclear, ask again. 
•    Use your knowledge of safe practices – all the time. 
•    Use the proper personal protective equipment while doing the job and make sure to maintain that equipment properly. 
•    Make sure all safety guards and protection devices are in place. 
•    Don’t take shortcuts. 
•    Follow safety warning signs on equipment and chemicals you use. 
•    Ask your employer about emergency procedures and be prepared to follow them in the event of an emergency. 
 
What can Supervisors/Employers do? 
•    Make safety an essential part of the department routine. 
•    Have regularly scheduled safety meetings. 
•    Get feedback and input from employees about solutions to safety problems. 
•    Be a positive safety role model. 
•    Frequently remind employees of the need to work safely and draw attention to potential safety hazards related to the job.  
•    Document all accidents and near misses which occur on or at the job site.

Contact OMAG Risk Management Services if you have questions about this topic or other safety topics related to municipal workplace safety.  Email Kip Prichard at kprichard@omag.org or call him at (800) 234-9461. 

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Hired & Non-Owned Auto Liability, Physical Damage and Other Auto Coverage Issues

Hired & Non-Owned Auto Liability, Physical Damage and Other Auto Coverage Issues

The responsibility to respond to our members' coverage questions and provide coverage interpretation primary falls on OMAG’s Underwriting and Member Services Departments with support provided by OMAG’s Legal and Risk Management Departments. Providing a clear and consistent response to these inquiries is always our goal.

OMAG provides Hired & Non-Owned Auto Liability to all Municipal Liability Protection Plan members that schedule their autos under our coverage. This coverage provides liability coverage on an excess basis for vehicles that are not owned by the city but are driven by an employee of the city in the scope of their duties on behalf of the city.  

An employee’s vehicle would fall in the category of a non-owned vehicle with the employee’s personal insurance being primary. This coverage does not include physical damage to the non-owned vehicle.

Read further for specific scenarios when coverage would and would not apply.

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Electrical Safety Precautions

Electrical Safety Precautions

Industry runs on electricity. It is safe to use when you know what you are doing and take proper precautions. When precautions are neglected, electricity can become a killer. 
 
How you are affected by electrical shock depends of the following factors: 

•    The rate the current flows through your body. This depends on how good your body conducts electricity. If you have dry hands and are standing on a non-conductive surface such as a rubber mat, you may not even feel a shock. If you are sweating or standing in water, you could be killed. 
•    The length of time the current flows through your body. The longer the electric contact, the greater the current flow and the greater the shock. 
•    The path the current takes through your body. The most dangerous path is through vital organs. 

Your actions can protect your safety. 

•    Read and follow instructions before handling anything electrical. If you don’t understand the instructions, get qualified help to assist you… Don’t guess. 
•    Plugs should only be inserted in receptacle outlets with the same slot or blade pattern, unless proper adaptors are used. Don’t force or alter a plug by bending, twisting, or removing blades to make it fit into a receptacle outlet. Water conducts electricity. Keep wet hands from touching electrical equipment or light switches. 
•    Firmly grip the plug, not the cord, when disconnecting equipment. Yanking the cord can damage the cord, plug, or receptacle outlet and result in a shock or fire. Because electricity is present even when the switch is in the “off” position, unplug equipment, appliances, and extension cords when not in use and before inspecting, cleaning, or fixing them. 
•    Recognize signs of overloaded circuits including flickering or dimming lights, blown fuses, warm wall plates or extension cords, and tripped circuit breakers. 
•    Receptacle outlets and switches should not be painted or covered with wall paper paste. 
 
There is no margin for error when working with electricity. Conditions vary so much that without the facts, you may make a mistake and  cause injury to yourself or fellow workers. 

Contact OMAG Risk Management Services if you have questions or suggestions for other topics related to municipal workplace safety issues.  (800) 234-9461 or kprichard@omag.org (Kip Prichard).

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Night Work Risks

Night Work Risks

Work Zone Safety - Maintenance Operations and Temporary Traffic Control
Roadway maintenance activities and sometimes water/sewer line repair occur in close proximity to traffic, creating a potentially dangerous environment for workers, drivers, and incident responders. In many cases a Temporary Traffic Control (TTC) Zone will be needed to both protect workers and incident responders as well as allow for the safe and efficient movement of drivers and pedestrians through and around the Work Zone. There are several Work Zone safety issues to plan and prepare for when setting up Temporary Traffic Controls.  One issue to consider is Night Work Risks.  Print the brochure below to share with your employees who must work near equipment and traffic.

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