Parks, Playgrounds & Recreation Facilities Inspections

Parks and Recreation facilities are in most every city and town for the enjoyment of their citizens. Many are featured as being one of the gems of the community; a value-added-service managed and maintained by the municipality. But if we do not keep these facilities up through inspection and maintenance, they can become a safety concern and blacken the eye of the municipal government and staff.

Inspection

Routine inspections should be done on a periodic basis to help the municipality identify potential hazards that need to be corrected. These inspections may differ depending on the amount of use a particular facility gets. For example, playground facilities should be inspected monthly and maybe more frequently in the pleasant weather months, where ball fields may just need to be inspected once or twice per year just before their particular season begins. Picnic facilities may only require an inspection once per year, however, train workers doing mowing or weed-eating to report any damages they observe to facilities at any time they encounter a need for repairs. Inspections must be documented: the date of inspection, who inspected the facility, what was the outcome of the inspection, and what is the plan for repair or improvements.

Maintenance

Maintenance should be performed on a routine basis to ensure facilities and equipment are in good repair. Equipment may need to be repaired or replaced. High-use areas like under the swings and slides or other fall zone areas on a playground may need to be raked and leveled on a weekly basis. As was mentioned in the January 2020 newsletter, lake or pond docks need to be inspected on at least an annual basis. All maintenance must be documented using dated/signed checklists or work orders, detailing the type of work that was performed.

Signage

Signs warn of danger, they provide information, and they instruct users about expected or prohibited behaviors. Signs must also be regularly maintained. If signs cannot be read or understood because of poor maintenance they are useless and may create a safety issue for employees or citizens.

Failure to warn park and recreation users is an issue which could determine a safety concern in the case of injury or damage. The law provides some immunity for these activities except in situations where, among other things, the municipality failed to exercise reasonable care to warn of a dangerous condition and the risk involved.

In general, signs should use clear language so people can understand the rules and the risks.

Signs should:

• Use bold print

• Use simple, short sentences and words

• Use plain lettering

• Use warning words (i.e. Danger- High Voltage, Warning- Submerged Obstacles, Caution- Sharp Edges)

• Include symbols or pictographs when appropriate. They are more effective than words in overcoming language, social, or cultural barriers.

Sometimes the use of devices such as barricades, fencing, or warning tape may be needed. They are typically more effective when used along with signage and can be beneficial in physically separating the hazard from the general area. Municipalities should consider using warning devices to block off hazards deemed extremely dangerous, as well as newly developing hazards such as trails where the ground is starting to erode.

For detailed information about playground equipment inspections, go to our webpage at www.omag.org and download the Playground Inspection Manual in the Public Works section of the website.

Municipal Employers and the Coronavirus - Be Flexible!

With Spring and Summer approaching, many of your employees will be travelling outside the State for vacation and then returning to work and potentially spreading the virus at work. As explained in Municipal Employers and the Coronavirus – Just the Facts! there is much more to learn about the transmissibility, severity, and other features associated with the Coronavirus and investigations are ongoing.

As a public employer there are many practical and legal issues to consider when deciding whether an employee can return to work after out of state travel.  On one hand, public employers must manage and maintain a health, safe and sanitary work environment for all employees.  On the other hand, employees have a right to use their vested benefits, like vacation leave, on their own terms without interference from their employer.

What is the best way for a municipality to weigh the rights of the public employer and the public employee?

• The key is communication and flexibility. 

Although the municipality cannot dictate how employees use their leave or where employees travel outside of work, municipalities can proactively caution employees about the consequences of travelling out of State. This can be done through a memo or policy from the City Manager or governing body which would set (1) explain to employees that the municipality is taking this seriously and the steps being taken by the municipality to reduce the exposure to employees and (2) the potential consequences of employees travelling to travelling while on personal leave. (See sample memo at end document)

The City should use caution when requesting medical information from employees to avoid any issues with the Americans with Disabilities Act. Before questioning an employee about potential exposure or medical conditions, the municipality must have enough facts to determine if there is a reasonable concern that the employee poses a threat to themselves or co-workers. 

• Have you traveled out of the State or Country?

• Have you traveled to a Country with a Level 2 or 3 advisory as defined by the CDC?

• Do you have any other reason to believe that you have been exposed to the COVID-19?

• If you have been potentially exposed, do you have flu like symptoms?

If an employee can answer any of these questions in the affirmative then the municipality should engage in a process with the employee to determine whether a self-quarantine should be implemented and whether the employee should use accrued leave to cover the absence from work or a possible remote-working accommodation. 

Given the uncertainty of the "coronavirus disease 2019" (COVID-19), and the fact that the seasonal influenza (flu) virus is also widespread, the City is taking proactive steps to address a number of business concerns. First and foremost, we want to maintain a safe workplace and encourage and/or adopt practices protecting the health of employees, or others. We also want to ensure the continuity of business operations in the event of a pandemic.

We ask all employees to cooperate in taking steps to reduce the transmission of communicable diseases in the workplace. Employees are reminded of the following:

• §  Stay home when you are sick.

• §  Wash your hands frequently with warm, soapy water for at least 20 seconds.

• §  Cover your mouth with tissues whenever you sneeze, and discard used tissues in the trash.

• §  Avoid people who are sick with respiratory symptoms.

• §  Clean frequently touched surfaces.

The City will provide alcohol-based hand sanitizers throughout the workplace and in common areas. Cleaning sprays and wipes will also be provided to clean and disinfect frequently touched objects and surfaces such as telephones and keyboards.

Employees are encouraged to use telephone and video conferencing instead of face-to-face meetings as much as possible during this outbreak. IT support services are available to employees who need assistance with this technology.

It is critical that employees do not report to work while they are experiencing respiratory symptoms such as fever, cough, shortness of breath, sore throat, runny or stuffy nose, body aches, headache, chills or fatigue. Employees who report to work ill will be sent home in accordance with these health guidelines. We provide paid sick time and other benefits to compensate employees who are unable to work due to illness.

The City cannot prevent employees from travelling to affected areas for personal reasons, but the City may request that the employee self-quarantine for a prolonged period before returning to the workplace.  Employees will be able to use accrued sick leave and/or vacation leave.  The City will also consider on a case-by-case basis, requests from employees to work from home.  While not all positions are conducive to telework, those positions with primary job duties that can be effectively performed remotely will be given consideration.

DISCLAIMER:  OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG offers this guidance to help your municipality make informed decisions about policies and procedures until some of the issues can be decided by the Legislature or the Courts. You should always consult with your City Attorney before taking any actions based on this guidance.  If you have questions or concerns about the information contained in these articles, please email one of the attorneys in the OMAG Legal Department (see https://www.omag.org/legal-services for contact information).                                

Special Events and Use of Facilities Exposure

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 “Are we covered for special events that take place in our municipalities? What if someone is injured in our park or one of our buildings when these special events take place? What if we lease our park or a building to a private group? 

OMAG has prepared a loss bulletin to assist our municipalities in identifying the various areas of liability created under these circumstances and to provide suggested ways to avoid the risk entirely or to shift the risk primarily to more appropriate persons or entities. Please take a moment to review the loss bulletin attached and share it with your municipal administrator and board.

Special Events and Use of Facilities Exposure Loss Bulletin                                                         

OMAG frequently receives inquiries from its member cities and towns (“municipalities”) concerning liability for special events.   Questions arise regarding city/town liability to someone injured while on the premises of municipal facilities, such as parks, auditoriums, or fairgrounds. Is a municipality’s liability any different when the municipal facilities are leased to third parties for special events such as firework displays, arts, and crafts festivals, rodeos or carnivals?  The purpose of this bulletin is to assist member municipalities in identifying the various areas of liability created under these circumstances and to provide suggested ways to avoid the risk entirely or to shift the primary risk to more appropriate persons or entities.

Hold Harmless Agreements and Certificates of Insurance

Many municipalities require every group that exclusively uses a public facility, to provide a Certificate of Insurance and Hold Harmless Agreement as a method of protecting the municipality from future claims or lawsuits.  In the event the group has an insurance policy, the city or town should require that it be named as an “Additional Insured” under the Certificate of Insurance.

The purpose of requiring the Certificate of Insurance is to make certain that the group has the financial means available to compensate an injured person.  Naming the municipality as an additional insured gives the municipality the ability to seek coverage under the policy should the primary insured fail to do so.  If the injured person can recover for his injuries from the group through the separate insurance policy, the injured person is less likely to look to the municipality for compensation.  Conversely, if the group has no means of compensating the injured person through its own insurance policy or otherwise, then the injured person will likely look to the municipality for the payment of its costs and expenses arising from their participation in the event.

A Hold Harmless Agreement executed by a group alone, while helpful, may prove to be of little value if the group has no financial resources to pay for defense costs or a judgment.    For this reason, it is important that the group also provide a Certificate of Insurance demonstrating its ability to defend and pay for any injuries.  OMAG can provide sample language of a Hold Harmless Agreement on request. (See the publication - Hold Harmless Agreements and Certificates of Insurance).

Lease of Municipal Facilities

The municipality may be asked to lease its facilities to a private group so that it can hold its own activities such as a rodeo, stock car race, or a baseball tournament.  What duty of care is owed to the participants of these special events?  Does it matter whether the private group is for-profit, not-for-profit, incorporated or non-incorporated?  

If the municipality’s participation is limited to leasing or provided the location owned by the municipality, then absent a defective condition in the leased premises existing at the time of the lease and knowledge of that defect by the municipality, the municipality acting as a lessor of the premises is not liable for injuries to third parties.  

A municipality can limit its liability exposure by leasing its municipal facilities to private groups when the municipality gives up its control over the premises.  The only liability exposure would come from the municipality’s knowledge of a dangerous condition which it failed to make known to the lessee.

The legal status of the private group that leases the facilities from the municipality, whether it be a not-for-profit group, a corporation or association, makes no difference and is irrelevant when it comes to the issue of liability.  Liability will attach to a municipality if its negligence can be shown to have directly caused injuries to another.  It is important that a municipality adequately insulate itself from liability by using the methods discussed herein.

City and Town-Sponsored Special Events

If a person is injured at a special event which the city or town-sponsored, they will be looking for someone to pay for related costs and expenses arising from their participation in the event.  Will the city or town, or the local service club which promoted the special event be liable or legally responsible for the person’s injuries?  There is no clear answer.  The facts of each situation are going to determine who is liable.  Whether the city or town is liable will depend upon various factors such as:  did the municipality exercise control over the event; did municipality support the event with public funds or in-kind services by volunteering its employees; did the municipality own, maintain or operate any of the equipment or amusement devices.  

Due to the inability of service clubs or organizations to get liability insurance coverage today, many municipalities are being asked to take over the special events so that the municipalities’ insurance coverage will be available to pay for any injuries which may occur during the event.  In particular, some municipalities have been asked to take over the set-up and discharge of fireworks or the operation of carnival rides.  Most municipalities probably have no experience whatsoever in assuming these duties, their associated risks, or safety requirements.  Asserting that a municipality only agreed to sponsor a special event is no defense to a damage suit where it can be shown that the municipality was negligent in its involvement.  OMAG recommends that member municipalities not accept this added exposure to sponsor special events due to the extraordinary nature of the risk involved.

Summary

There are several ways in which to protect your municipality from liability when groups or organizations want to use your public facilities.  It is suggested that Hold Harmless Agreements and Certificates of Insurance be required of such organizations.  Another way to protect the municipality is to lease the premises to the group for its intended purpose and then step away from further involvement with the event.

It is certainly not recommended that municipalities volunteer to sponsor or operate special events in an effort to lend its liability coverage to private organizations that previously sponsored, operated or held special events.  Often times, the municipal employees are inadequately trained or experienced to take on additional responsibilities.  Then, if people are injured, the inadequate training of employees may itself be argued to be a violation of a duty of care owed to the injured parties.

Special Events and Use of Facilities Exposure revised by OMAG Associate Counsel.  The information in this bulletin is intended solely for general informational purposes and should not be construed as or used as a substitute for legal advice or legal opinions with respect to specific situations since such advice requires an evaluation of precise factual circumstances by an attorney. OMAG does not represent or endorse any group, site or product that may be mentioned in this article.                                                                                                                   

March 2020

March 2020 Risk and Safety Newsletter

Common Electrical Hazards in the Workplace

According to OSHA, electrocution is one of the most common hazards in construction jobs. Identifying electrical hazards can help raise awareness of the risks, their severity, and how electricity can harm employees. Here are seven of the most common electrical hazards in the workplace and tips on what you can do to mitigate these risks:

1. Overhead Power Lines- Overhead powered and energized electrical lines have high voltages which can cause major burns and electrocution to workers. Remember to maintain a minimum of 10 feet from overhead power lines and nearby equipment. Do site surveys to ensure that nothing is stored under overhead power lines. Also, install safety barriers and signs to warn workers of the hazards present in the area.

2. Damaged Tools and Equipment- Exposure to damaged electrical tools and equipment can be a risk of electrocution. Do not attempt to fix or repair anything unless you are qualified to do so. Thoroughly check for cracks, cuts, and abrasions on cables, wires, and cords. If you find any defects label the equipment as “defective” and take it out of service, notifying your supervisor that it needs to be repaired or replaced. Lockout/Tagout procedures should be performed at all times before commencing electrical maintenance and repairs.

3. Inadequate Wiring and Overloaded Circuits- Using wires with inappropriate size for current can cause overheating and fires in electrical equipment. Use the correct wire suitable for the operation and the electrical load to work on. Use the correct extension cord designed for heavy-duty use. Do not overload an outlet by using outlet adaptors. Perform regular fire risk assessments to identify areas at risk of bad wiring or circuits.

4. Exposed Electrical Parts- Examples of exposed electrical parts include temporary lighting, open power distribution units and detached insulation parts on electrical cords. These hazards can cause potential shock and burns. Secure these items with proper guarding mechanisms and always check for any exposed parts to be immediately repaired.

5. Improper Grounding- The most common OSHA electrical violation is the improper grounding of equipment. Proper grounding can eliminate unwanted voltage and reduce the risk of electrocution. Never remove the metallic ground pin from a plug, as it is responsible for returning unwanted voltage to the ground.

6. Damaged Insulation- Defective or inadequate insulation is not only an electrocution hazard but a fire hazard. Be aware of damaged insulation on wiring and cords and report it immediately. Take the equipment out of service until repaired or replaced. Never attempt to just cover the damaged insulation with electrical tape.

7. Wet Conditions- Never operate electrical equipment in wet locations, unless you have the proper training and personal protective equipment. Water greatly increases the risk of electrocution, especially if the equipment has damaged insulation.

Knowing your limits and applying the best electrical safety practices can help reduce the risk of electrical shock and death. It is safer to work within your scope of expertise and leave electrical work to the people trained specifically for it. If you are not confident to do the job, don’t hesitate to call for help from a qualified authorized person. Use checklists when applying electrical safety practices; don’t rely on your memory (“Did I flip that switch? or Did I unplug that?”). The checklist is a powerful tool to ensure your safety when working on or near electrical equipment hazards.

Basic Electrical Safety

We all rely on electricity, but sometimes underestimate its capability to cause injury. Even common household current (120 volts) can stop your heart. Municipal staff need to be aware of the hazards electricity poses, such as shock, fire, and explosion, and either eliminate or control those hazards in their work environment.

Shock (Electrocution)

Electrical shock happens when current passes through the body. Electricity travels through closed circuits, and people sometimes tragically become part of a circuit. When a person receives a shock, electricity flows between parts of the body or through the body to ground. This can happen if someone touches both wires of an energized circuit, touches one wire of the circuit while standing unprotected, or touches a metal part that has become energized. Electrocution refers to the injury or lethal dose of electrical energy. Electricity can also cause forceful muscle contractions or falls. The severity of the injury depends on the amount of current flowing through the body, the current’s path through the body, the length of time the body remains in the circuit and the current’s frequency.

Fire/Explosion

Electrical fires may be caused by excessive resistance that generates heat from the following:

• Too much current running through wiring where overcurrent protection fails or does not exist

• Faulty electrical outlets resulting in poor contact or arcing

• Poor wiring connections and old wiring that is damaged and cannot support an electrical load

An explosion can occur when electricity ignites a flammable gas or combustible dust mixture in the air. Ignition from a short circuit or static charge is possible.

What you need to know

Electrical Safety Basics

• Don’t work with exposed conductors carrying 50 volts or more

• Make sure electrical equipment is properly connected, grounded, and in good working order

• Extension cords are not to be used as permanent wiring for an appliance or piece of office equipment. Plug them straight into an outlet. Extension cords should be unplugged and removed when not in use

• Surge suppressors with built-in circuit breakers may be used long-term, but don’t use all of the outlet plugs on the device

• High amperage equipment such as space heaters, portable air conditioners, copiers, etc. must be plugged directly into a permanent wall outlet

• Do not access, use, or alter any building’s electrical service, including circuit breaker panels, unless you are specifically qualified and authorized to do so

• Wet environments increase the risk of electrical shock. Use the proper personal protective equipment and tools when working in or with water

Housekeeping and Maintenance

• Keep all combustibles and flammables at least 36 inches away from heat-producing sources like hot water tanks, circuit breaker boxes, and HVAC units in your storage closets/rooms

• Make sure all circuit breaker spaces are plugged if they don’t contain a circuit breaker and that the panel door remains closed when not being serviced

Avoid Activities that Require Training Unless You Have Training

• Working with exposed conductors carrying more than 50 volts

• Making repairs or alterations to electrical equipment

• Bypassing or removing safety guards/barriers of any equipment that utilizes electricity

• Using tools or a meter to measure for the presence of electricity

• Resetting a tripped breaker or a blown fuse

Grounding

To prevent electrical hazards, always make sure equipment is properly grounded. Electrical grounding provides an alternate path for electricity to follow, rather than going through a person. Equipment with a grounding prong must be plugged into an outlet or extension cord with a ground; the grounding plug should never be removed from equipment in order to plug it into a non-grounded outlet.

Wet Locations

When using electricity in wet or damp places, a Ground Fault Circuit Interrupter (GFCI) must be used. The GFCI ensures that any electrical shock will be brief. Although painful, it wouldn’t be fatal because the GFCI creates a ground fault or leak in the current. GFCI’s should be installed near any sinks or water receptacles that have an electrical outlet within 4 feet of the water.

Lockout/Tagout

When servicing and maintenance tasks involve electricity and electrical equipment, you must prevent unexpected startup of equipment. Always utilize lockout/tagout procedures before beginning work on equipment with electricity.

Medical Marijuana - Regulatory Update - January 6, 2020

The regulatory framework within which medical marijuana is allowed in Oklahoma has taken shape in the 2019 legislative session after the voters of the state passed State Question 788 (SQ788) in the summer of 2018.  In August 2018, OMAG provided information on its website based on the regulatory efforts of the State Department of Health and others.  These attempts, through regulation, to add details to SQ788 were met with much opposition resulting in some of the earlier efforts being withdrawn.  Then a working group of state legislators and others began meeting in the fall of 2018 to discuss the parameters of legislation that could be sponsored and supported to fill in some of the unknown gaps in the regulatory framework for medical marijuana in the State of Oklahoma. 

The 2019 legislative session resulted in the passage of House Bill 2612, the Oklahoma Medical Marijuana and Patient Protection Act, more commonly called the “Unity Bill”, Senate Bill 1030, Senate Bill 31, Senate Bill 162, and House Bill 2601 that provided additional clarity.  The provisions for these bills are codified in the Oklahoma Medical Marijuana Act - 63 Okla. Stat. §420 through §427; and the Oklahoma Medical Marijuana and Patient Protection Act - 63 Okla. Stat. §427.1 through §427.23.   Those provisions, collectively, contain the following parameters:

• State issued patient or caregiver license only.  Municipal and county governing bodies may not enact medical marijuana guidelines which restrict or interfere with the rights of a licensed patient or caregiver to possess, purchase, cultivate or transport medical marijuana within the legal limits set forth in Oklahoma Medical Marijuana Act. 63 Okla. Stat. §420.  Counties, Cities, or towns may not require patients or caregivers to obtain permits or licenses in addition to the state-required licenses provided herein.

• Requires licensed physician recommendation. Only licensed Oklahoma allopathic, osteopathic and podiatric physicians may provide a medical marijuana recommendation for a medical marijuana patient license.  A physician signing an application is not required to be Board Certified.

• No imprisonment – cite and release.  Persons eligible to be in possession of up to 1.5 ounces of marijuana but are not in possession of a state-issued medical marijuana license shall be punishable by a fine of not more than $400, but not subject to imprisonment for the offense.  Officers are authorized to cite offenders and then release them upon their own recognizance to appear later in court in certain circumstances.

• Caregiver must hold patient license to use.  A marijuana caregiver has the same rights of a medical marijuana patient license holder to possess marijuana, except for use, unless the caregiver also has a medical marijuana patient license.

• Patient or caregiver license holder not subject to prosecution. A medical marijuana patient or caregiver in actual possession of a medical marijuana license shall not be subject to arrest, prosecution or penalty in any manner or denied any right, privilege or public assistance, under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act.

• Municipal regulatory authority recognized. For issuance of a license or permit from the State, all relevant local licenses and permits must be issued by the municipality, including but not limited to, an occupancy permit or certificate of compliance.

  • A licensed medical marijuana business premises shall be subject to and responsible for compliance with applicable provisions for medical marijuana business facilities as described in the most recent versions of the Oklahoma Uniform Building Code, the International Building Code and the International Fire Code, unless granted an exemption by the Authority or municipality.

• Municipal Planning and Zoning.   Municipalities may follow their standard planning and zoning procedures to determine if certain zones or districts would be appropriate for locating marijuana-licensed premises, medical marijuana businesses or other premises where marijuana or its by-products are cultivated, grown, processed, stored or manufactured.

• Zoning may not ban retail dispensaries.  No city or local municipality may unduly change or restrict zoning laws to prevent the opening within its boundaries as a matter of law of a retail marijuana establishment licensed by the State Department of Health as a medical marijuana dispensary.

• The location of any retail marijuana establishment is specifically prohibited within one thousand (1,000) feet from any public or private school entrance.

• Rights to firearms protected. A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessory based solely on his or her status as a medical marijuana patient or caregiver licensee. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessory or any related firearms license or certification based solely on their status as a medical marijuana patient or caregiver licensee.

• Reimbursement as medical expense not required.  A government medical assistance program shall not be required to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement.

• Statutes do not require an employer, a government medical assistance program, private health insurer, worker's compensation carrier or self-insured employer providing worker's compensation benefits to reimburse a person for costs associated with the use of medical marijuana. 

• Medical marijuana licensee job protections.  No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of such applicant's or employee's status as a medical marijuana licensee; and

• No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites, unless: a. the applicant or employee is not in possession of a valid medical marijuana license, b. the licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations, or c. the position is one involving safety-sensitive job duties.

• Employers are not required to permit or accommodate the use of medical marijuana on the property or premises of any place of employment or during hours of employment;

• Statute does not prevent an employer from having written policies regarding drug testing and impairment in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, Section 551 et seq. of Title 40 of the Oklahoma Statutes.

• An applicant or employee aggrieved by a willful violation of this section shall have, as his or her exclusive remedy, the same remedies as provided for in the Oklahoma Standards for Workplace Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of the Oklahoma Statutes.

• "Safety-sensitive" means any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others including, but not limited to, any of the following:

  • the handling, packaging, processing, storage, disposal or transport of hazardous materials,

  • the operation of a motor vehicle, other vehicle, equipment, machinery or power tools,

  • repairing, maintaining or monitoring the performance or operation of any equipment, machinery or

    manufacturing process, the malfunction or disruption of which could result in injury or property

    damage,

  • performing firefighting duties,

  • the operation, maintenance or oversight of critical services and infrastructure including, but not

    limited to, electric, gas, and water utilities, power generation or distribution,

  • the extraction, compression, processing, manufacturing, handling, packaging, storage, disposal,

    treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals

    or any other highly regulated component,

  • dispensing pharmaceuticals,

  • carrying a firearm, or

  • direct patient care or direct child care; and

• A "positive test for marijuana components or metabolites" means a result that is at or above the cutoff concentration level established by the United States Department of Transportation or Oklahoma law regarding being under the influence, whichever is lower.

• Smoking in Public Places and Indoor Workplaces. All smokable, vaporized, vapable and e-cigarette medical marijuana product inhaled through vaporization or smoked by a medical marijuana licensee are subject to the same restrictions for tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes, commonly referred to as the "Smoking in Public Places and Indoor Workplaces Act".

• Potential Federal impacts may be considered.  A school, or landlord, or employer can consider the status of one holding a marijuana license in relation to admission, leasing, or workplace rules based on potential impacts to the school, landlord, or employer under federal law or regulations.

There may still be additional tweaking to the Oklahoma Regulatory Framework in during the 2020 session.  Updates will be provided accordingly.

January 2020 Risk and Safety Newsletter

OMAG Grants Programs

Reminder, OMAG grants are available to our members – learn more by going to www.omag.org.  Once there, click on “Free Services” in the upper righthand corner of the home page, then click on “Grants and Scholarships”.  The title of each grant takes you to a separate page to better explain the purpose of each grant. The following is a list of grants available to your municipality:

•           Police Body-Worn Video Camera Grant – contact Kevin McCollough

•           Public Works Safety Equipment Grant – contact Kip Prichard

•           Sanitary Sewer Camera Purchase Grant – contact William Sheppard

•          Sanitary Sewer CCTV Inspection Grant – contact William Sheppard

•           Sanitary Sewer Root Control Grant – contact William Sheppard

•         SL-Rat (sewer line rapid assessment tool) – contact William Sheppard

•         Municipal Natural Gas System Grant – contact Bill Tackett

•          IT (information technology) Equipment Grant – contact Kevin Sesock

OMAG grant applications are very simple to fill out.  Grants are all available throughout the year, with the exception of the Public Works Safety Equipment grants which are awarded twice per year in April and October. We hope you will take the time to go to our webpage and read more about these grants or contact the person responsible for the grants noted above.

Inspecting and Maintaining Lake and Pond Docks

Just like any other structure, docks need to be maintained due to weather changes, general wear-and-tear, mildew, and decay. By maintaining boat and fishing docks, you can ensure the favor of recreational users by providing them with an attractive and safe structure to enhance their experience at your local lake or pond.

 Inspect Docks Frequently

Docks get damaged, especially during rough weather. You should inspect your docks at least quarterly (at each season change). That way you become aware of repair needs and can determine a plan for maintenance. Pressure-treated wood docks need to be inspected more frequently than other types of docks. Though they are affordable, they are more subject to damage. Inspect your pressure-treated wood docks after any harsh weather. Hardwood and composite wood don’t require inspection as frequently, but still need to be checked seasonally. Your inspections should include deck, handrails, walkways, anchorage, flotation, steel connections, and electrical lights/outlets. Look for broken or warped lumber, broken welds, protruding nails or screws, pinch points, and entrapment hazards. Make sure the approach surface is clear of hazards like washouts and sharp rocks and metal parts.

 Clean Docks Annually

Power wash docks every year to remove ground-in dirt. Cleaning a dock is a good time to look for signs of mold, mildew, and rot. If you spot rotting boards or rusting, decaying nuts, bolts, or other fasteners, you need to act fast; the longer these issues persist the more damage to the structure of the dock and a greater risk of a liability claim. After the dock is clean and dried, consider staining or weatherproofing the lumber. This is best done when water levels are low, and the best time is right after the dock is cleaned, because stain will adhere more easily.

If your dock is stained and not painted, consider sealing it every few years. Sealant improves the attractiveness of the dock as well as protecting the wood from rot and mildew. Sealing is a fairly easy process; just spray on a few layers of sealant and allow time for each layer to thoroughly dry. The more active the use on the dock, the more attention you need to give to maintaining the dock. Inspecting, cleaning, and repairing your docks will increase the life of the dock and make it safer for users. Reducing the risk of slips, trips, and falls on the dock and other injuries that can occur reduces the chance of a liability claim filed against the municipality.

 For an example of a Dock Inspection Check List go to our webpage: www.omag.org and click on “free services” then “public works”. Keep all inspection logs on file for at least 2 years.