New year, new you, new benefit - Employee Assistance Program (EAP)

Starting February 1, 2020, the Oklahoma Municipal Assurance Group (OMAG), began offering an Employee Assistance Program (EAP) to all Plan Participants and their employees. The EAP, available at NO COST to Plan Participants, their employees, and their employees’ family members, can help them:

•   Be more present and productive at work

•   Get help when they don’t feel like themselves

•   Grow their personal and career skills

•   Receive care after a traumatic event or diagnosis

•   Make healthy lifestyle choices

•   Improve and inspire their daily lives

Available through OMAG, the EAP offers a wide variety of resources to help people best manage their lives. This FREE benefit can help with almost anything to make life easier:

• Counseling (in-person, online, telephonic, in-the-moment)

• Personal assistance for daily tasks

• Life coaching

• Financial & legal consultation

• Help to improve relationships

• Referrals to almost anything

Visit ndbh.com using the code OMAG or call 800-624-5544 to learn more about how EAP can help you stress less, balance work and life, improve relationships, reduce debt, live healthier (+ so much more!) today.

Questions? Contact Monica Coleman at 405-657-1422.

HERE'S TO A BETTER YOU!

Crisis Management Planning

Spring is often the time when we think of Crisis Management Planning or Emergency Action Plans. Are we prepared for a flood? What do we do if we take a direct hit from a tornado? How do we survive an extreme drought? We face potential disasters each day, though – not just in the Spring. It could be a major water main break, a citywide power outage, or a horrible accident causing injury or death to an employee. Municipal leaders must be prepared and prepare for their employees and their communities to experience and deal with these types of crises on any day or at any time of the year.

Developing resilient communities requires leadership from government and business. Preparing the workforce, building safe facilities, investing in supplier relationships, and connecting to the community are all key pillars of creating community resilience from boardroom to storefront. The path to being a leader in reaching this goal involves connecting with the right people and resources and committing to action by helping the whole community (people, businesses, organizations) mitigate the hazards they face and bounce back quickly after an incident. Being prepared can also decrease the overall costs of disruption by disasters.

The Leadership Path

The most successful leaders act in a coordinated and collaborative way. They integrate a supportive environment that recognizes effective and actionable best practices and understand what makes public-private partnerships successful. This, in turn, enables state and local partnership development and growth. It also integrates planning, preparedness, and operational activities.

• Connecting: The first step to becoming better prepared or becoming a leader in connecting within the community and local industry. As the connections to people and resources grow across sectors of the community, trust, aptitude for transparency, and efficiency in developing a preparedness program grow too.

• Integrating: Planning, Training, and Drilling (exercises) are fundamental to community preparedness. Identifying challenges facing both government and private sectors through scenarios contributes to mutual understanding and community resilience.

• Coordinating: Solving problems together in disruption, disasters, or crisis scenarios helps the whole community work through adverse situations. Businesses have a unique opportunity in identifying capabilities that can help during emergencies. The government has a responsibility to help businesses stay in business. As a result, customers and citizens benefit.

• Collaborating: Talking issues through with all parties influences the way ahead through mitigation, recovery, and strategies that will enable resilience.

• Committing: Your role is to be committed, which will make you grow in the community and encourage others to connect and act.

• This leadership path gives businesses and municipalities of all sizes a road map to follow for building their own all-hazards preparedness and contributes to the resilience of the whole community.

Information Sharing

Decisions need to be made before, during, and after a disruption, regardless of the magnitude. For business there is either the normal or the not so normal; It doesn’t matter if it is a local, state, or federal declaration of emergency or disaster. Every day businesses and organizations of all sizes are constantly identifying problems, risks, and coping with crises.

Sharing information helps translate vagueness into clarity. Sharing is also based on a trusted relationship. Developing this trust within a municipal, community, or state emergency operations center and other information-sharing centers can enable government and business leaders to improve decision making.

Pillars of Business Preparedness

Whether you are a city/town mayor, a city manager/town administrator, or a business owner, there’s much you can do to help.  Preparing employees, evaluating and mitigating risks or systems, and engaging the community will make your municipality more resilient.

• Employee Training: Prepare your employees for the threats and hazards likely to impact your community. By preparing your staff for the threats and hazards likely to impact your municipality, you can ensure your people know how to stay safe in a disaster.  Whether it is a fire, storm, earthquake, or shooter incident they will be prepared.

• Structures and Systems: Taking deliberate actions to evaluate, mitigate, and reduce physical, cyber, and operational risks will help protect some of your largest investments: buildings, computer systems, equipment. etc.

• Suppliers: Working with suppliers to share preparedness strategies, expect business continuity practice, and build confidence in your supply chain will calm concerns and provide peace of mind. Securing your supply chain, both locally and globally, is an essential component of improving your municipality’s likelihood to cope with disruptions and survive a disaster.

• Service: Engage with community leaders, emergency managers, planners, and your elected officials to support pre-incident preparedness planning. In addition to preparing your municipality, it is important to understand your local tribal and state emergency plans and capabilities. Focusing on these pillars builds capacity and can yield a competitive advantage benefiting local businesses and citizens.

To learn more about Crisis Management and Preparedness go to www.ready.gov. There is a multitude of resources to help you develop these programs.

Zoom Meeting Cyber Security Tips

Zoom is an increasingly popular web, video, and phone conferencing system, and with people meeting from home and private areas, it has had a surge in additional popularity in recent weeks.

As is so often the case, with an increase in popularity comes an increase in cybersecurity attacks, and Zoom is no different. Recent stories and risks show that Zoom meetings have some security flaws, from allowing anyone to join meetings and display obscene content, to bugs in the code that allow attackers to remotely infect machines, Zoom users should be aware of the concerns.

To protect a meeting, make sure that only a Host can share a screen during the meeting. This setting is found under “Personal”, then “Settings”:

When you are scheduling a meeting, choose “Enable waiting room”, and keep “Enable join before host” disabled. This lets the host (whoever is controlling the meeting) select who will join. This feature does allow control over executive sessions (should you have any). Remember that general attendees to public meetings still should be able to join and observe.  A host can prevent a public meeting from becoming unruly by managing whose microphones and cameras are permitted to broadcast at a given time.

To mute video or audio of other attendees, hover over the user in the participant list and hit the “More” button. This allows you to mute their video or audio so the rest of the meeting can’t overhear them or broadcast video to the other attendees. If you need that participant to share a screen, temporarily make them a co-host, then remove co-host when they’re done. Don’t make them a Host, because if they turn malicious or make a mistake, they could potentially remove you and others from the meeting.

Finally, update your Zoom software as soon as Zoom comes up with updates. Don’t defer or delay updates, as security flaws and bugs need to be addressed as soon as possible, so make sure to update early and often.

Respiratory Protection - Protecting Employees from Airborne Hazards

Respiratory protection in the workplace protects employees from hazardous gases, vapors, oxygen deficiency, and airborne particles. If your municipality has sanitary sewers, water treatment facilities, confined spaces, or emergency services you must have a site-specific written respiratory protection program. This should include a respirator selection process, employee training records, employee medical evaluation reports, fit test results, filter change schedules, hazardous atmospheres evaluations, and program evaluations. The employer must keep these records on file and available for employees, representatives, and inspectors to review upon request.

There are two major classes of respirators: Air-purifying respirators that remove contaminants from the air and Atmosphere-supplying respirators that provide clean, breathable air from an uncontaminated air supply. Respirators can be either tight-fitting or loose-fitting. Tight-fitting respirators include filtering facepieces, half masks, and full facepieces that don’t completely cover the head. Loose respirators are hoods or helmets that cover the head completely. All respirators used in the workplace must be approved by the National Institute for Occupational Safety and Health (NIOSH).

Respirators protect workers from a wide variety of hazardous environments. They enable employees to safely work around harmful dust, fogs, smokes, fumes, gases, vapors, and sprays. Without proper respiratory protection, many airborne hazards can cause cancer, lung impairment, other diseases, and even death.

OSHA and the Oklahoma Department of Labor PEOSH division require that all employees be fully trained on respiratory protection before they begin work with their respirator. Before they begin training, they must first pass a medical evaluation. Because respirators can make breathing difficult or induce feelings of claustrophobia, not everyone can wear a respirator. Respiratory impairment, cardiovascular impairment, anemia, epilepsy, punctured eardrums, diabetes, and vision problems can all prevent a worker from using a respirator. Medical evaluations must be performed by a qualified medical professional in a confidential setting. After employees have passed their medical evaluations, they must be trained on the specific hazards that their respirator protects against, and how to properly clean, maintain, and dispose of their respirator or exchangeable filters. Employees must be given a fit test to ensure their respirator is the correct size and forms an adequate seal. They must also be trained on how to properly wear their respirator, including how to put it on, take it off, and check the fit. Retraining must be performed every year or if an employee shows inadequate knowledge of the respiratory protection program.

Here are some basic respiratory protection tips: Workers who use respirators should always inspect their respirator and perform a seal check before every use. Employees should be trained on and adhere to their municipality’s filter replacement schedule. Many filters have a color-changing end of service life indicator that alert the user when filters must be changed. Common signs of respirator failure include strange chemical smells or tastes, burning sensation in the eyes, nose, or throat, feelings of dizziness, nausea, difficulty breathing, or noticeable hot air inside the respirator. If a worker experiences any of these symptoms, they should leave the area immediately, remove the respirator, and wait to see if the symptoms improve. If the symptoms improve, they should perform a full inspection and seal check before re-entering the work area. If the symptoms persist, they should leave the area and inform their supervisor that their respirator is not working properly.

Remember, employees must be protected from hazardous atmospheres and airborne contaminants. Before receiving a respirator, employees must pass a medical evaluation, receive complete and proper training, and understand how to fully inspect their respirator, and keep it clean and properly maintained. Filters must be changed according to the respirator maintenance schedule. Finally, employees must be able to recognize the signs of respirator failure and know how to safely get themselves away from hazardous materials before removing their masks. They must also remember to report any failures or malfunctions to the supervisor immediately after an incident.

Are Public Comments Required at Public Meetings?

Government of the people, by the people, and for the people.  Familiar terms from American History lessons.  But does this phrase mean you are required to allow citizens attending municipal public meetings to speak?  IT DEPENDS! 

There are some types of business transacted by cities and towns that require a public hearing.  For example, certain property zoning actions and applications require a public hearing.[i]  It is also not unusual for federal grants available to cities and towns, such as the Community Development Block Grant (CDBG), or Homeland Security grants to require public hearings prior to award.  The adoption of an annual budget also requires a public hearing.[ii]  The citizens attending these types of meetings are entitled to speak. 

On the other hand, there is no requirement in the Oklahoma Open Meeting Act (OMA) that citizens be allowed to address the City Council or Town Board on other matters of municipal business at a public meeting.[iii]

 Some cities and towns, desiring to make local government more accessible, have instituted a practice of having an “open mic” period where attendees of the meeting can address elected officials directly on any topic not specifically listed on the Agenda. 

A public body is not required to allow public comments at its meetings, either under the Act or under the First Amendment.[iv] In fact, many City Attorneys routinely advise against having a public comments agenda item primarily to avoid the risk of an Open Meeting Act violation.

The purpose of the OMA is to encourage and facilitate an informed citizenry's understanding of the governmental processes and governmental problems.[v] All meetings of public bodies shall be preceded by advance public notice specifying the subject matter or matters to be considered at such meeting.[vi]

The OMA requires that governing bodies tell the public not only what will be discussed but also what will be acted on. This requirement is defeated by having an “open mic” without any indication of the topic and with no notice to the rest of the public of the topic. 

For those cities and towns that allow for an “open mic” forum there is a risk that Councilmembers or Board Trustees may feel compelled to respond to citizen comments, and thereby discuss and/or act on matters not on the Agenda.  Any discussion or action taken by a Council or Board that was not posted 24 hours in advance of a public meeting is contrary to the OMA. 

Examples of violations of the OMA with regard to a Public Hearing and a Public Comment are as follows:

Public Hearing:  The City has scheduled a public hearing in two weeks for a zoning change for a developer. The developer does not want to be at the public hearing when residents show up and object.  Instead, the developer comes two weeks early and under public comments wants to discuss his proposal. Citizens affected by the zoning change have a right to attend a public hearing and defend their position. The proper time and place for the developer’s comments is the public hearing.  If the City Council or Town Board hears and/or acts on the zoning change in the public comments section of the meeting, this would be a violation of the OMA. 

Public Comments:  A citizen complains during public comments about the condition of a neighbor’s property and the Mayor directs the City Manager to look into the issue and deal with it. The person most affected by the Mayor’s directive had no notice that the topic would be discussed publicly. By discussing and taking action without notice to the public, the Mayor may have violated the OMA.

This does not mean that citizens do not get an opportunity to address their elected officials – it just means that cities and towns are not required by law to allow public comments.  At the State and Federal level, there is no “open-mic.”  If a citizen has a concern at the State and Federal level, they call their legislator and express support, concerns and opinions.  This should be the same at the local level. 

Councilmembers and Board Trustees should keep in mind that OMA violations could result in criminal liability if it is found that the OMA was “willfully violated.”[vii] 

For cities and towns that continue to have “open mic” on the Agenda, the Board or Council should be diligent in making sure no responses from elected officials are allowed and no action is taken by elected officials in response to issues brought up during the “open mic.”

DISCLAIMER:  OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG members seeking legal advice should be aware that there may not be clear-cut answers on some of the issues. OMAG offers this guidance to help your municipality make informed decisions about policies and procedures, directly or indirectly until some of the issues can be decided by the Legislature or the Courts. 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).                                                                       

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[i] 11 O.S. §§43-104, 106

[ii] 11 O.S. §17-208

[iii] 2002 OK AG 44 and 1998 OK AG 45 and Minn. Bd. for Cmty. Coll. v. Knight, 465 U.S. 271, 284 (1984), (Policymaking organs in our system of government have never operated under a constitutional constraint requiring them to afford every interested member of the public an opportunity to present testimony before any policy is adopted.)

[iv] 2002 OK AG 44

[v] 25 O.S §302

[vi] 2020 OK AG 44 and “The Act is designed to ‘encourage and facilitate an informed citizenry's understanding of the governmental processes and governmental problems.’ 25 O.S.2001 §302. Because the Act was enacted for the public's benefit, it is to be construed liberally in favor of the public. I.A.F.F. Local 2479 v. Thorpe, 1981 OK 95, 632 P.2d 408. The Act serves to inform the citizenry of the governmental problems and processes by informing them of the business the government will be conducting. Advance notice to the public, via agendas, must 'be worded in plain language, directly stating the purpose of the meeting ... [and] the language used should be simple, direct and comprehensible to a person of ordinary education and intelligence.’ Andrews v. Independent School District No. 29 of Cleveland County, 1987 OK 40, 737 P.2d 929. Wilson v. City of Tecumseh, 2008 OK CIV APP 84, ¶10

[vii] See Okmulgee County Rural Water Dist. No. 2 v. Beggs Public Works Authority, 2009 OK CIV APP 51, ¶15 That said, "[a]ny action taken in willful violation of [OMA] shall be invalid." 25 O.S. §313. For purposes of §313, "[w]ilfullness does not require a showing of bad faith, malice, or wantonness, but rather, encompasses conscious, purposeful violations of the law or blatant or deliberate disregard of the law by those who know, or should know the requirements of the Act." Rogers v. Excise Bd. of Greer County, 1984 OK 95, ¶14, 701 P.2d 754, 761; In the Matter of Order Declaring Annexation Dated June 28, 1978, 1981 OK CIV APP 57, ¶29, 637 P.2d 1270, 1275. (Emphasis added.) Indeed, "the term 'willful' . . . include[s] any act or omission which has the effect of actually deceiving or misleading the public regarding the scope of matters to be taken up at the meeting[,] [and] . . . includes agency action which exceeds the scope of action defined by the notice." Haworth Bd. of Ed. of Independent School Dist. No. I-6, McCurtain County v. Havens, 1981 OK CIV APP 56, ¶10, 637 P.2d 902, 904. So, when a public body takes action without proper OMA notice, the action is invalid. In the Matter of Annexation, 1981 OK CIV APP 57, ¶¶30, 32, 637 P.2d at 1275; Haworth Bd. of Ed., 1981 OK CIV APP 56, ¶14, 637 P.2d at 904.) 

Tips on Working Remotely

Working from Home? Ten Tips for Staying Productive

Alan Greenblatt     |     Senior Staff Writer for Governing Magazine

Millions of workers, including government employees, will experience remote work for the first time. There are strategies you can adopt to stay on task when away from the office and co-workers. 

1. Work regular hours

   • Try to start your day at a set time, whether it's 8 a.m. or 9 a.m. Get into work mode during working hours.

2. Stay in touch with co-workers

   • There is such a thing as the "hive mind." You do miss out on internal communications by working remotely. That means you have to make an effort to stay in touch.

   • Even under normal circumstances, no one sends you a memo on "Key Office Gossip for March 17, 2020." Not every formal decision gets put into writing and then sent by email to you. In the current situation, when your office has suddenly gone virtual, be sure to check in with your colleagues frequently. Also, make sure your manager knows what you're doing and when. There are plenty of platforms that provide free conference call services. 

3. Make plans and lists

   • Working from home involves some self-motivation and discipline. Every Monday, I make a list of projects I'll be working on, including new story ideas I'm going to pitch and ideas that have been on the backburner that I don't want to forget about. Then, each day I make a mental list of projects I'm going to be working on - sending out interview requests for Project A, writing Project B, doing the reading for Project C, etc.

4. Be realistic, especially now

   • I try to break big projects into increments so that starting and working on them seems less daunting. If something's going to take a week or a month, I try mostly only to think about what needs to get done today.

   • These are bizarre circumstances. On the one hand, you're likely to have less-structured time for the foreseeable future. There's a chance to think big - maybe there is some big dream project you can finally get done. But all these tweets going around about how Shakespeare took advantage of a plague quarantine to write King Lear set the bar a little high. Especially this week, maybe just getting adjusted is all you can do.

   • Depending on how much you collaborate, you're likely going to be thrown off your game because your co-workers are adjusting also. People need to be realistic that a lot of workers will have to deal with kids. Your pace at the end of the month will likely be different than it is now. For now, take things you accomplish under trying circumstances as a win.

5. Take breaks

   • It's good to get up and walk around, especially in the afternoon. But don't take lots and lots of breaks throughout the day. Internet browsing is one thing, turning on the TV is something else entirely. Stay in a work rhythm and then get out of it occasionally. If you have a dog, the walk will provide a break and a chance to leave the confines of your house.

6. Skip the chores

   • Sorry, spouses. It's easy to throw in a load of laundry, but don't try to vacuum or multitask with housework too much. Your work and home lives are about to get hopelessly tangled, so try to keep them separate and stay on task. Errands can be a distraction, too, but for the most part, those won't be happening for a while. At the moment, disinfecting is a good idea anytime.

7. Dealing with kids

   • Not just working from home but also having children home from school is challenging. Still, the usual advice probably holds. When you're with your kids, be with them, playing or coloring or sharing other activities. When you're working, ask your kids to be patient. Many people will be easing household rules regarding screen time.

   • If you hope to be productive, don't let them bug you every five minutes. How successful you'll be will vary, depending on their age. But if you normally work in an office, you already have strategies for dealing with pesky people who try to interrupt you.

8. Touch base with friends

   • I like to send a note or a news link to a friend - a friend, not a social media account - once a day or so. People are not great about responding, but it's nice to think of your friends once a day. This helps at normal times with feeling isolated. It's going to be crucial in the days ahead.

9. Dress for the door, not for success

   • The stereotype about remote workers is that we sit around in pajamas all day. That doesn't happen, in my experience. For me, there doesn't seem to be much point in putting on the type of clothes that have to be dry cleaned. If someone knocks on the door, I'm dressed appropriately, if casually.

   • If it helps you get into work mode to dress like you're going to the office, go for it, but I doubt you'll want to keep this up too long. The point of dressing professionally is to show respect to the people you encounter, but if you're not encountering anyone, why bother? Video meetings are different.

10. Work hard, then turn it off

    • Everyone I know who works from home works more than they did at the office. There are fewer interruptions. It's also harder to "leave it at the office" when your computer is right there. You are spared the commute, but you also don't have that transition from work to home. It's easy to keep going, writing just one more email or completing one more task you just remembered.

    • Learn to shut it off. If you started at a regular time, end at a regular time. If you need to keep working, that's fine, but once you stop, try to be done. Treat it like caffeine, something you stop at some point in the day. Some people with kids will end up working most productively after dinner but otherwise try not to work or check email in the evening. Write down the things you know you'll need to take care of the next day and then trust the piece paper or your electronic notes to remember them, so you don't turn them over your head. 

    • If you're in the type of job that requires working every night, you're already used to having to keep going long after most people have switched to Netflix and chill. 

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Governing is operated as a virtual office. Our staff lives in five different states and three different time zones. We've made it work, and you can, too. Remote work does take some adjustment. Here are some habits and strategies that are drawn from my own experience in working from home for nearly a decade now.

Coronavirus Letter to Members & Partner Organizations

Valued OMAG Members and Partner Organizations,

As you are no doubt aware, coronavirus (COVID-19) is rapidly affecting more and more of our daily routines. To slow the spread of the virus, one of the key recommendations from the CDC is to practice “social distancing.” One aspect of “social distancing” involves allowing employees to work from home where possible.

We believe OMAG is well-equipped for most of our employees to work remotely with little to no disruption in our capability to serve our members. Accordingly, many of OMAG’s employees will be working from home either part or full time until the spread of the virus abates.

How will this affect you, our Members?

The answer is, for the most part, not at all. Here’s some of what’s changing and what’s not:

1. You will still be able to reach us at the same phone numbers and email addresses you always have

2. You will still be able to access our website and your information on our portal

3. We will continue to receive your faxes

4. We will be able to access the programs and systems we need to make policy changes, handle claims, etc.

5. We are suspending all meetings of groups at the OMAG offices

6. We are also suspending onsite training/activities at your municipality

Here’s how we can help you deal with #5 and #6 above:

1. Our IT Department can guide you through setting up Skype meetings so that your group can still meet – but through teleconferencing

2. Our Risk Management team can work with you to continue training using other means than onsite classes

To speak with someone in IT for assistance in setting up a Skype meeting for your group that may have been meeting onsite at OMAG, email itsupport@omag.org.

To speak with someone in Risk Management for assistance with alternative training opportunities, contact your regular Risk Management Specialist or Law Enforcement Specialist or email btackett@omag.org.

All our contact information can be found at www.omag.org.

We look forward to continuing to serve you and we are committed to providing you with the same excellent service during this disruptive period. Thank you for being a valued OMAG Member.

Your OMAG Team

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).