News and Publications — OMAG

Protecting the Public During Severe Weather. Is there liability for operating a public storm shelter?

As Oklahoma enters Spring there will undoubtedly be episodes of severe weather. Every year municipalities discuss whether to offer public storm shelters. Some common concerns include the safety of those traveling to a storm shelter, turning citizens away if the shelter is too full, and the liability of operating a public shelter.  

These are all valid concerns that should be well thought through and considered before opening a shelter to the public. In 2013, to address a concern of liability regarding the use of city-owned storm shelters, the legislature passed an exemption to the Oklahoma Governmental Tort Claims Act that protects a city from liability.   

51 O.S. §155 states: 

“The state or a political subdivision shall not be liable if a loss or claim results from:

*         *         *         * 

37. Use of a public facility opened to the general public during an emergency.” 

Two things to note under the exemption (1) the facility must be open to the public and (2) it must be during a time of an emergency. 

If you have questions about coverage of your public shelters you can contact the OMAG Members Service Department at 405-657-1444.

 

 


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. 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).

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Bucket Truck Safety

Bucket Trucks are complex and require specialized training to operate in order to ensure operators and their support workers are safe. It is vitally important that workers know the risks they face when working on or around bucket trucks.

Few pieces of equipment can create more dangers to those working with and around them than bucket trucks. If your municipality owns one, or you rent one on occasion, you know users guides and manuals are readily available on the internet if one wasn’t provided. A quick internet search returns no affordable credible “canned” training programs available for bucket truck operators and support staff, however.

OSHA provides a basic outline for bucket truck safety, but it is short on specifics. Each work environment has its own issues regarding safe work practices and fall protection. It is mainly up to the municipal administration and supervisors to ensure workers are properly trained and able to demonstrate safety competence while working with or on bucket trucks.

Typical injuries when working from bucket trucks are strains, sprains, broken bones, lacerations, electrocutions, burns, and deaths from falls or being struck by objects. Damage and injuries occur when inspections are not performed according to manufacturer’s recommendations or when trucks are not properly positioned or secured for use. If operators don’t take the time to be fully aware of objects and hazards in, around, under, or above the bucket, accidents can happen. Unsecured tools and equipment can cause hazards, as can exceeding manufacturer’s recommended limitations.

Driving a bucket truck and positioning it at a worksite requires special skills and knowledge. It is not a job for a relatively new employee. Bucket trucks are heavy and cumbersome. They don’t stop on a dime or maneuver like a normal vehicle. A 3-ton lift places the center of gravity of the truck very high; observe tip-over signs on curves and exit ramps. Don’t get in a hurry; take it slow and easy. Bucket trucks get stuck easily off-road, especially in wet or slippery conditions. They have poor rear visibility, and should not be backed up unless necessary, and then only with the support of a spotter. Also, a backing alarm should be installed to inform others when backing up. Placing the truck in the ideal location takes knowledge of boom length, manufacturer’s limits, and surface conditions.

A practical bucket truck safety training should:

  • Place emphasis on factors that may seem trivial, but are not

  • Provide specific examples of dangers unique to the equipment

  • Supply handouts, checklists, and references to use on the job

Fall protection:

While it is rare for an employee to fall out of a bucket, it is more common for one to be knocked out when another vehicle hits an aerial lift truck. OSHA regulations are not clear when it comes to bucket trucks. The rule of thumb is, once you get 6 feet off the ground you must be wearing personal fall protection. The question becomes, do you put someone in a body belt or a full body harness? If the person cannot fall more than 2 feet, a belt is acceptable. If they could fall more than 2 feet, use a full body harness and lanyard. That should be your requirement. Never belt off to an adjacent pole, structure, or other equipment, except in an emergency.

Pre-Use Safety Check:

  • Keep maintenance records of equipment up to date

  • Check tire pressure, wheels and tires

  • Fuel, engine oil, and hydraulic fluid levels

  • Look and listen for fluid and air leaks

  • Look for loose or missing parts, rust, and deteriorating welds

  • Test ground level controls first, then all bucket controls before going up

  • Safety devices such as railings, bucket door catches, and redundant catches are in proper working order

  • Personal protective equipment is available, in good condition, and used

  • Special items specified by the manufacturer are adhered to

Check the Work Area:

  • Never work on a slope that exceeds the limits specified by the manufacturer

  • Check the area for soft spots, holes, drop-offs, bumps, and debris

  • Check for overhead power lines, trees, building overhangs, etc.

  • Before moving the truck be sure the boom is cradled and tied down, and that all other equipment is secured

Personal Protective Equipment:

  • Hard hats for workers

  • Safety glasses and face shields for workers

  • Gloves appropriate for the job

  • Personal fall arrest systems (harnesses, lanyards, etc.)

Operating a Bucket Truck:

  • Set brakes, outriggers, and use wheel chokes, even if working on a level area

  • If working in or near traffic, set up appropriate work zones with signs, channelizing devices, barricades and barrels

  • Close and latch the bucket or platform door and attach safety chain

  • Stand on the floor of the bucket or lift platform. Never climb on anything inside the bucket to extend your reach

  • Do not climb on tool brackets in the bucket or lean over the railing

  • Never exceed the manufacturer’s load limit capacity. This includes combined weight of workers, tools, and materials

  • Establish and clearly mark a danger zone around the bucket truck

  • Never move the truck with workers in an elevated platform

  • Use particular care when positioning the basket between overhead hazards - the bucket moves it could pin or crush a worker

Emergency Escape:

  • Know how to escape from a bucket if the lift fails when working alone. Know the different methods to use when stranded.

  • Have auxiliary power or back up pump

  • Have an emergency lowering valve or holding valve bleed

  • Have an escape ladder or controlled descent rope

Supervisors must take the time to train and educate workers in the safe use of the bucket truck. It’s a good idea to go over policies and procedures annually.

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OSHA Water Tower Safety Requirements

In October of 2016 the Federal Occupational Safety and Health Administration established new requirements for fall protection on fixed ladders. These requirements went into effect on November 19, 2018. Here are the revisions relating to all ladders including those installed on bolted and welded-steel ground storage tanks (like water towers). All new ladders installed after November 19, 2018 must include a ladder safety or personal fall arrest system. Existing ladders installed before November 19, 2018 must be equipped with one of the following items: ladder cage, ladder safety system, or personal fall arrest system. All new ladders installed before November 19, 2018 will not be able to use a ladder cage as the exclusive fall protection method. Ladder cages will still be able to be used provided they are combined with a primary fall protection method such as a ladder safety or fall arrest system and the cage does not interfere with the primary system. After November 19, 2036 all existing ladders not in compliance with the requirements for new ladders will need to be retrofitted to have either a ladder safety or personal fall arrest system.

A ladder safety system is designed to eliminate the possibility of workers falling from the ladder. Similarly, a fall arrest system stops the fall before the worker impacts the surface below.

2036, seems like a long way away, but it will be here before we know it. Start making plans to get your fixed ladder systems in compliance with these relatively new regulations.

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Staying Safe on Ladders and Scaffolds

Hundreds of workers are injured or killed every year from accidents on ladders and scaffolds. The good news is most ladder and scaffold accidents are preventable. Most of these accidents are either caused by risky behavior like over-reaching or from faulty setups of the ladder/scaffolding. These mistakes can be corrected.

You have the power to prevent ladder and scaffolding falls. Begin by implementing these 5 steps:

  • Inspect equipment before use

  • Follow manufacturer’s instructions and follow safety rules

  • Use common sense

  • Avoid risky behaviors like over-reaching, climbing too high, rushing movements, etc.

  • Report safety problems (broken/malfunctioning equipment) immediately to a supervisor or safety coordinator

Don’t let these types of accidents happen to you or your staff:

  • A worker was standing on top of a stepstool, which shifted and caused him to fall. He suffered a spinal cord injury and was off work for 4 months. It wasn’t even a long fall.

  • A worker failed to secure his extension ladder to the top of a 20 ft. wall and he fell to the ground when the ladder slipped away from the wall, resulting in his death.

  • Two men were working on an atrium when their scaffold collapsed. They fell to a concrete deck. One man was dead on arrival at the hospital; the other was in critical condition.

Practicing the 5 steps above could have prevented all these accidents.

Ladder Dos & Don’t’s

  • Do make sure ladders are secured firmly at the top and bottom and supports are locked in

  • Do make sure device is on a level surface

  • Do use a 4 to 1 ratio; bottom of ladder should be 1 foot away from wall for every 4 feet of ladder height

  • Do always face the ladder when climbing up or down

  • Do have at least 3 feet of ladder extended past the top of wall/roof; secure it

  • Do pay attention to the weight limit ratings listed on the ladder label

  • Don’t place a ladder against a weak surface like a window

  • Don’t use metal ladders near live electrical lines

  • Don’t set ladders on boxes or other objects

  • Don’t get on a ladder if another person is on it

  • Don’t work on a ladder when there is a strong wind

  • Don’t reposition a ladder while you are on it

If your job requires you to work at heights, OSHA and your employer require you to follow safety guidelines for your protection.

3 Fall Protections Systems: (one or more of these should be in place when workers are working from heights)

Guardrails (barriers between workers and the upper level edge)

  • At least 42 inches high

  • Able to withstand force of at least 200 lbs.

  • Materials won’t puncture skin or snag clothes

Safety nets (catch you if you fall)

  • Must be no more than 30 ft. below elevated workers or area

  • Have strong rope border with mesh openings smaller than 6 inches per side

  • Be strength tested by dropping 400 lbs. (30-inch diameter sandbag)

  • Inspected weekly for wear, damage, and deterioration

Personal fall arrest system (harness/tethers)

  • Body harness connected to a fixed anchor by lanyard, lifeline, or deceleration device

  • Cannot be used to hoist materials

  • Must be inspected before and after use

  • Self-locking, self-closing connectors

  • Anchor must support at least 5,000 lbs. per attached employee

  • Cannot connect to platform supports or suspension points, guardrails, or hoists

  • Avoid connecting to rough edges

  • Do not connect with a hitch knot

OSHA Requirements for Scaffolds

  1. Scaffolds must be made of metal or stress-grade lumber

  2. Cross bracing is required for metal scaffolding

  3. Guys, ties, or braces are required to keep supported scaffolds from tipping over

  4. Supported scaffolds must bear on base plates and mudsills

  5. Scaffold platforms and walkways should be at least 18 inches wide

  6. Supported scaffolds must be able to hold at least 4 times the intended load

  7. Ropes for suspended scaffolds must be able to carry 6 times their intended load

  8. Scaffold must be erected a safe distance away from powerlines

  9. Safe access to scaffold platforms must be provided (i.e. ladders, ramps, steps)

  10. Fall protection is required for work more than 10 feet above a lower surface

  11. All scaffolds must have guardrails or personal fall arrest systems to prevent falls

  12. Top rails must be 38-45 inches above the platform and able to support a minimum of 200 lbs.

  13. Toe boards at least 4 inches high are required on open sides to keep tools and materials from falling

  14. Screens must be used between guardrails and toe boards if people will be passing underneath the scaffold

  15. Debris nets, catch platforms, canopies, or barricades are necessary if people are passing beneath scaffolding

  16. Employees working below scaffolding are required to wear hard hats

To keep workers safe make sure they are properly trained on the hazards of working at or around heights. Teach them to inspect their equipment and report broken or malfunctioning equipment. Have available and use the proper PPE, and keep equipment clean and properly functioning. Practicing safe work behavior before someone gets hurt prevents someone from getting hurt.

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5 Common Playground Hazards

Playgrounds should be a safe place for kids to play. OMAG Risk Management Services performs playground inspections for our municipalities at no charge. Consider getting your playgrounds inspected to ensure your parks and recreation facilities are safe from these common hazards: 

Falls - Kids are prone to falling as they are still developing balancing skills. One way to protect them from falls is to follow safe use zones. Each piece of playground equipment has a use zone which gives a specific fall height. It is important to know these guidelines and follow them. 

Entrapment - Strangulation due to head/neck entrapment after a feet first entry into an element is the number 3 cause of death on playgrounds. All openings must be tested to admit both feet and the head. No opening should measure between 3 ½ inches and 9 inches on any structures. 

Crush & Shear Hazards - These injuries can occur at the juncture between 2 or more playground elements that have movements relative to each other and lack the recommended clearance between parts. It is important to have your playground inspected by a trained professional who will take notice of these types of hazards. 

Protrusions - A rigid projection becomes a protrusion hazard when it extends beyond the recommended ASTM standard, which is measured by placing 3 projection test gauges over the protruding bolt, fastener, step, or handle. 

Trip Hazards - These include deep pits/cracks in degraded poured-in-place rubber surfacing, clumps/folds of geo-fabric, exposure of the layer beneath engineered wood fiber surfacing when the wood mulch is scattered, and the tops and edges of concrete footings exposed due to the wearing away of safety surfacing. 

For a more detailed description of playground safety specifications go to www.omag.org (OMAG’s webpage), click on “free services” then “public works”, then under SAFETY DOCUMENTATION click on “The Playground Inspection Manual” and open the document icon found in the lower-left corner of your computer screen. This manual can be printed out or downloaded onto your computer or a flash drive. 

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