Police Liability Update: July 1, 2022
Preventing Eye Strain
Intense focus on computer screens, TV, reading, or even hours of driving may cause your eyes to become irritated and itchy. This is known as eyestrain. It is a common condition that has become more frequent in this digital device age.
Tips to help prevent eyestrain:
20-20-20 rule – Shift your focus to something other than the activity you are doing every 20 minutes. Focus on an object 20 feet away and look at it for 20 seconds, thus the 20-20-20 rule.
Correctly position your screen – Make sure you are looking at your digital device at the proper distance and angle. The screen should be about arm’s length from your eyes. View the screen at slightly below eye level, but not so low you strain your neck to look down. Finally, try enlarging the text.
Find the correct lighting – Lighting can be either too dim or too bright. Lighting should be from behind you if you are reading. Dim lights when watching TV or using a computer, this may help reduce eyestrain. Adjust the brightness on devices as needed. Shade the windows and use filters to reduce glare.
Multitask correctly – Transcribing notes to your computer may also cause problems not only with eyestrain but with head and neck pain. Position printed material so it is between your keyboard and your computer screen.
Use Eye Drops – Focusing intensely on screens can result in a reduction in how many times you blink per minute. Less blinking makes eyes get dry and irritated. Using eye drops can help resolve this issue.
Check the Air – If you are working in a space with poor air quality it may cause eyestrain. You can improve the air with a humidifier or keep the heat down.
Wear Proper Eyewear – Talk to your eye doctor to determine if you need special eyewear. You may need specialized lenses, devices, or eye therapy to assist in preventing strain.
Reduce time spent on a single activity – Limit the time you are exposed to a single activity requiring intense focus. Reduce the amount of daily screen time on devices.
In many cases, making changes such as the ones noted are all you need to treat eyestrain. If you experience eyestrain that is severe or lasts a long time, talk to your doctor. You may need corrective lenses, or it could be a symptom of a more serious condition.
Employee Spotlight: Ambre Gooch
Ambre is Associate General Counsel and Director of Claims for OMAG. Ambre began working for OMAG in August 2021. Prior to that, she was in private practice for 25 years where she represented OMAG members and other municipalities around the state, and their employees, in federal and state court in civil rights, employment, and Governmental Tort Claims Act cases. In her role as Associate General Counsel and Director of Claims for OMAG, she is available to assist in the legal review of claims, lawsuits, law enforcement related actions, Open Records and Open Meeting Act matters, personnel matters, employee handbooks, and personnel policies and procedures. She can be reached at 405-657-1447 or agooch@omag.org.
Workplace Posters
Every workplace should have a location where workplace posters are posted. This location should be a conspicuous place, i.e., break room, and/or other areas that are accessible to all employees, at each job site in every department/division. If you do not have all these posters, you may print copies at:
https://oklahoma.gov/omes/services/employee-benefits/required-workplace-posters.html
The posters are as follows:
Employee Polygraph Protection Act Notice
E-Verify Notice
FMLA Employee Rights and Responsibilities
Equal Employment Opportunity is the Law Notice
Employee Rights Under the FLSA Notice
OSHA Notice
Oklahoma Discrimination Notice
Notice to Workers and Registration Certificate
Your Rights Under the Oklahoma Minimum Wage Act
Form 1A – Oklahoma Workers’ Compensation Notice and Instruction to Employers and Employees (English and Spanish)
Oklahoma Public Employee Occupational Safety and Health Notice
Department of Justice Right to Work Notice
Your Rights Under USERRA Notice
Contact OMAG if your city/town requires assistance in determining what workplace posters are needed, or if you need an audit of your workplace postings.
ADA Interactive Process
Who bears the responsibility between the employee and the employer to request an accommodation under the ADA?
Employee or Employer?
Generally, the individual with the disability is responsible to inform the employer that an accommodation is needed and make a request for an accommodation. However, if an employer is aware that an employee has a disability or knows, or should know, that an employee is experiencing problems because of the disability, the employer should initiate the reasonable accommodation interactive process. The interactive process is a way of communication between the employee and the employer to ensure that the employer can provide reasonable accommodations to the employee with the disability. The interactive process requires employers to:
analyze job functions to establish the essential and nonessential job tasks,
identify the barriers to job performance by consulting with the employee to learn the employee’s precise limitations, and
explore the types of accommodations that would be most effective.
Employers can demonstrate a good faith attempt to accommodate by meeting with the employee, requesting information about the limitations, considering the employee’s requests, and discussing alternatives if a request is burdensome. Because the interactive process imposes mutual obligations on employers and employees, an employer cannot be liable for failure to accommodate if a breakdown in that process is attributable to the employee.
City Spotlight - Ponca City, Oklahoma
Ponca City has the amenities normally found only in larger communities, quality affordable housing, outstanding educational opportunities, and beautiful recreational and cultural venues.
Ponca City is abundant with outdoor options such as walking trails, bike trails, disc golf courses, five splash pads, tennis courts and Wentz Golf Course, a four-star rated golf course, on the shores of Lake Ponca. Ponca City has a growing Downtown Arts District and boasts its own local brewing company, Vortex Alley Brewing, as well as community theatre, children’s theatre, and three dance studios. Enjoy an inclusive environment with collaborative community partners and innovative local government.
Lake Ponca is an 800-acre lake located within the city limits for fishing, boating, swimming, camping, and of course relaxing. Kaw Lake is a 17,000-acre lake located just 9 miles to the east. Ponca City is home to the state-of-the-art Ponca City RecPlex which includes a rock-climbing wall, family pool, competition pool, indoor and outdoor walking tracks, ball fields, weight rooms, exercise equipment, fitness programs, as well as youth summer camps.
Educational opportunities for children through adults abound in Ponca City through organizations such as Northern Oklahoma College, Pioneer Technology Center, Ponca City Public Schools, University Center, Inventors and Entrepreneurs Network, Ponca City Library, Ponca City Young Employees, along with three private schools.
Ponca City’s rich cultural heritage is home to the Pioneer Woman Museum, Conoco Museum, Marland Grand Home, Marland Mansion and Estate, Ponca City Art Center, Ponca City Country Club, Poncan Theatre, Standing Bear Museum, and Veterans Plaza. Stop in and visit Ponca City soon!
Liability Coverage for Police K-9s
OMAG’s liability coverage extends to the actions of a Police K9 in most cases. Liability coverage applies to losses that are not expected or intended (i.e. an accident). If a loss could be the expected or intended result of an intentional action by an Officer (i.e. using the K9), then the loss only qualifies for coverage if the use of the K9 was for the purpose of protecting persons or property from some imminent threat.
Injuries resulting from a K9 bite are typically covered because the bite was either accidental or was the result of an intentional K9 deployment to apprehend a suspect. Intentional deployments will qualify for liability coverage so long as they are justified by a need to apprehend a suspect who is a threat to persons or property.
A Police K9 can also cause damage to property when deployed for drug detection purposes. In those cases, coverage turns on how the K9 was trained to alert to the presence of narcotics. K9s trained to passively alert would not be expected to cause damage to property when they alert and, therefore, qualify for coverage. By contrast, when a K9 is trained to actively alert, it can be expected that their alert could result in damage to property (most often: scratching paint on a vehicle). In those cases, the property damage would not typically qualify for coverage because, at the time the K9 is deployed, there are typically not facts establishing a present threat of injury to persons or property.
OMAG in Action: Volume 2
9 Benefits of Taking a Daily Walk
Walking is a natural activity that almost anyone can do. There are numerous health benefits to be gained from regular, brisk walking. Your overall health, brain, waistline, and mental health are all enhanced by walking.
Control blood glucose levels
A 15-minute walk after a meal has been shown to lower blood sugar in those with glucose control issues. The risk of type-2 diabetes is lowered by 60% in those that walk daily.
Enhance brain health
Walking has been shown to boost grades, memory, and creativity. Who knew you could get smarter, slimmer, and healthier from the simple act of taking a walk?
Opportunity to think & make decisions
A brisk walk takes you out of your home or office. A change in scenery can clear your mind and provide the mental space necessary to make a wise decision.
Strengthen your heart
A modest pace is enough to keep your heart in good shape. Walking has been shown to lower levels of bad cholesterol while raising good cholesterol. Walking is also good for your blood pressure. Walking reduces your risk of heart attacks and stroke. Thirty minutes a day is all it takes.
Control weight
A walk won’t undo the ravages of a triple bacon cheeseburger, but it does burn a few calories. More importantly, walking helps to keep your metabolism in shape. Excess calories are dealt with more effectively.
Cheap and easy
Aside from a pair of shoes, and even shoes are optional, you don’t need anything to go for a walk. There’s no complex skill to learn or expensive equipment to purchase.
Lift your mood
If you’re feeling a little blue, a short walk can give a needed boost to your morale. Those that walk regularly report having a better mood than those that don’t.
Reduce stress
Walking can take your mind off your challenges. It also metabolizes the biochemical and neurotransmitters that create the physiological feelings and symptoms of stress.
Increase your lifespan
The number of years you can expect to gain from 2.5 hours of walking each week is at least 3-4. Not bad for results from an activity that most people find enjoyable.
FREE PoliceOne & LocalGovU Online Training
Get the very best in Law Enforcement training with OMAG. FREE online training through LocalGovU and PoliceOne Academy Training.
The OMAG Online Training Portal (part of LocalGovU) has FREE ACCESS to more than 400 PoliceOne Academy courses.
PoliceOne Academy is a CLEET-approved training provider and fulfills the 25 hours of CLEET annual training requirements for a full-time certified Peace Officer and 8 hours of CLEET training for Reserve Officers. PoliceOne reports completions to CLEET twice per month.
These include 40 courses that are reviewed and approved by the International Association of Directors of Law Enforcement Standards and Training (IADLEST) National Certification Program (NCP)
Plus, be sure to check out these four IADLEST-approved interactive courses addressing contemporary challenges:
Addressing Homeless Populations
Courtroom Testimony in Civil Litigation
Investigation Officer-Involved Shootings
Employee Free Speech
To Register (or if you have any additional questions), contact Ren Heitman, LocalGovU Customer Success Manager, at RHeitman@lexipol.com