Middle Cities Risk Management Trust
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ommitment • Advocacy • Responsiveness • Education • Service


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Date: March 11, 2002
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   European Paper-Wasp Alert
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Background

A new type of threat of injury exists on our playgrounds. The European Paper-Wasp has arrived!

Bee and wasp stings are a common occurrence in and around playgrounds. However, the European Paper-Wasp does not act like our common, native wasps. Special care is required.

Analysis

Where did they come from?

European Paper-Wasps (Polistes dominulus) are non-indigenous to the United States. They arrived from Europe about 20 years ago and settled in Massachusetts. From there, the insects moved through New York sometime during the past decade and have now spread through the Midwest. European Paper-Wasps have been seen in various locations throughout Michigan.

How are they different than American wasps?

The European Paper-Wasp sting is not more potent than that of our American counterpart. However, it can be more harmful and dangerous in the following ways:

Can a sting be life-threatening?

Yes and no. A sting is not necessarily life-threatening for most people. However, it can be

life-threatening to an individual with an allergy to such stings. In addition, even a non-allergic victim can experience a serious medical emergency if stung multiple times by a nest of bees, hornets or wasps. The European Paper-Wasp does sting multiple times. As previously mentioned, the European Paper-Wasp sting alone is not more potent than that of our American counterpart.

How do you know if someone is having an allergic reaction?

Anaphylaxis (extreme allergic reaction) can affect various organ systems, including the skin, upper and lower respiratory tracts, cardiovascular system, eyes, uterus and bladder. The initial symptoms may appear within a few seconds or up to two hours after exposure.

Extreme allergic reactions should never be underestimated. Immediate action is necessary since death can occur within minutes. Unfortunately, anaphylaxis can be confused with other conditions with similar symptoms which include: hypertension, anxiety attack, alcohol intoxication and low blood sugar.

How do you treat stings and bites?

Apply basic first aid immediately, following these steps:

  • Wash area with soap and water.
  • Apply an ice-pack to the sting site to help reduce the pain and swelling. The ice-pack should contain a mixture of ice and water. Do not place the ice directly on the skin.
  • Watch carefully for signs of an allergic reaction. See above list of symptoms.

Do the following if symptoms of an allergic reaction become evident:

  • Obtain help.
  • Treat for shock. Keep victim lying down with feet higher than head, keep warm, loosen tight clothing that may restrict blood flow.
  • Use Epi-pen® if victim has one. An Epi-pen® looks like a large pencil and is filled with epinephrine. Instructions for use are on the pen. Persons who know they are allergic should carry an Epi-pen® with them. (The Epi-pen® is only available by prescription to people with a history of anaphylaxis. More information on the Epi-pen®, including a video on how to use one, can be found on the Dey Laboratory website www.allergic-reactions.com)

Recommendations

  1. How to identify allergic reactions.
  2. How to apply appropriate first aid.

Our office has already received 10 reports of potentially serious bee, hornet or wasp stings for the 2001-2002 year. We often receive more reports of stings in the spring than the fall. We hope this bulletin will help you take the sting out of being stung.

Please call our office if you need additional information or have any questions.

 

Date: February 7, 2002
To: Risk Management Coordinators, Transportation Directors
From: Jim deSpelder, Risk Manager
Re:   Monkey Bars
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Background

There are two challenges in addressing the use of Monkey Bars on playgrounds. The first challenge is recognizing that they can constitute an unsafe piece of climbing equipment. The second challenge is knowing how to identify them! The term "Monkey Bars" has become a generic name for identifying all climbing equipment. However, to the trained playground safety specialist, Monkey Bars represent a unique type and design of climbing equipment.

Analysis

Monkey Bars are one type of climbing equipment. Climbing equipment can also include arch climbers, sliding poles, chain or net climbers, upper body equipment (including overhead horizontal ladders and overhead rings), dome climbers, parallel bars, balance beams, cable walks, suspension bridges, and spiral climbers, as well as composite structures with linked platforms (See Figures 1a & 1b for examples). Climbing equipment is generally designed to provide a greater degree of physical challenge than other equipment on public playgrounds.

Monkey Bars (also sometimes referred to as Jungle Gyms) have climbing bars in the interior of the structure onto which a child may fall from a height of greater than 18 inches (See Figure 2). These types of climbers have been deemed unsuitable for public playgrounds by the Consumer Product Safety Commission (CPSC).

Recommendations

The CPSC has detailed guidelines for playgrounds and climbing equipment. To review the guidelines on climbing equipment, visit the Consumer Product Safety Commission’s Handbook for Public Playgrounds website at www.cpsc.gov/cpscpub/pubs/325.pdf.

The Trust office is available to assist you with playground risk control issues. We maintain an extensive video library which includes videos on playground safety and design.


Horizontal Ladder

Arch Climber

Monkey Bars

 

Date: November 21, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Using Children’s Car Seats in District Vehicles
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Background

Our member districts frequently transport very young children in buses and in other vehicles using car seats. We recently came across the American Academy of Pediatrics’2001 Family Shopping Guide to Car Seats: Safety and Product Information. The guide provides safety guidelines and information on the use of car seats.

Analysis

The guide from the American Academy of Pediatrics highlights the need to regularly inspect car seats and to rotate the car seats out of service if the date surpasses the manufacturer’s recommended useful life. Specifically, the AAP recommends that a car seat not be used when:

I am somewhat leery of the recommendation to replace the car seats based solely on their age. This seems a bit self-serving to me. However, according to our research, a case can be made that the plastic degrades over time and acceptable safety standards can change as well. This can make the seat less safe than when it was originally manufactured from a design and a legal liability standpoint.

Fortunately, the Trust has had very few claims involving a child’s car seat. We have never, in our fourteen year history, had a litigated claim where the liability depended on whether the car seat was safe. Nonetheless, past history cannot insulate us from a future occurrence. I would evaluate this exposure as low in frequency; high in potential severity. The overall hazard level is low to medium depending on the circumstances surrounding the incident and considering that we are discussing protecting a very young life.

Recommendations

  1. Follow the recommendations from the American Academy of Pediatrics.

  2. Destroy the car seat if it’s useful life is gone and if the car seat is involved in a crash. Liability can accrue to the district should it allow the car seat to be used by third parties once the useful life is gone or if the car seat has been involved in a crash and appears to be fine.

  3. Refuse to use second-hand or used car seats.

  4. Regularly monitor whether the car seat has been recalled.

You can find out by calling the manufacturer, or the Auto Safety Hot Line at 1-888-327-4236 from 8am-10pm ET, Monday through Friday. This information is also available on the internet at www.cpsc.gov

Special thanks goes to Transportation Supervisor Paul Salisz at Muskegon Public Schools who brought the issue of safe car seats to our attention.

Please call us if you have any questions.

 

Date: November 20, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Using the New Wind Chill Index from the National Weather Service
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Background:

The National Weather Service introduced a new wind chill index this fall after one year of development by scientists and weather experts (see reverse). The wind chill index is a formula that estimates how cold it feels outside based on a combination of temperature and wind speeds. It provides important guidelines for how to best dress to protect your skin from extreme winter temperatures.

The new Wind Chill Temperature index will:

The most obvious change is that the index now provides a specific warning of time-to-frostbite at given levels of wind chill. For example, the chart shows frostbite occurring in 30 minutes with temperatures at minus 10 degrees Fahrenheit and a 5 mile per hour wind. At the same temperature with a 30 mile per hour wind frostbite occurs in only 10 minutes.

Recommendation:

Straight-line (air temperatures) or wind chill temperatures equal to or less than -20 F as reported by the Weather Bureau are considered an immediate threat to children outside. A straight-line (air) or wind-chill temperature between -14 F and -20 F warrants restriction of outside activities by children.

For more information, please visit the National Weather Service online at www.noaa.gov

Date: November 19, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Holiday Decorations including Christmas Trees in Schools
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Background

It is common practice during the holiday season to display decorations including Christmas Trees in our buildings. Many of our buildings are transformed from the mundane into the magical in keeping with the excitement and joy of the season. Fortunately, we have had very few property or liability claims involving decorations in our fourteen year history. The greatest risks of harm include a fire loss and a liability loss. A fire loss can result from trees and decorations catching on fire usually from ignition sources such as shorts in electrical appliances or unattended candles. A liability loss can occur if sharp or pointed objects are placed around eye level or if decorations fall on someone.

This Risk Control Bulletin contains a checklist of risk control recommendations that can help to ensure a safe and joyful holiday season. Many of these recommendations were taken from Bulletin 6 (Rev. 10-98) Decorations, Including Christmas Trees distributed by the Office of Fire Safety, State of Michigan Department of Consumer and Industry Services. Please keep in mind that local fire officials have the authority to control the amount and use of decorative material in school buildings within their jurisdiction according to Section 7(a) of Act 207, Public Act of 1941, as amended.

Recommendations

  1. Place decorations where they will not block a means of egress.
  2. Avoid hanging decorations at eye level.
  3. Avoid decorations that have sharp ends that could cut or puncture someone’s skin.
  4. Limit Christmas trees to only one in each of the following locations as required by the Office of Fire Safety, State of Michigan, Department of Consumer and Industry Services:

Auditorium
Cafeteria
Dining Rooms
Gymnasium
Kindergarten Rooms
Lobby
Meeting Rooms
Multi-purpose Rooms

  1. Display natural trees no greater than 10 days prior to Christmas.

  2. Choose a natural tree that does not exceed 8 feet in height.

  3. Cut the trunk of natural trees at least one inch above the original cut and maintained in a container of clear water.

  4. Secure the tree to ensure that it cannot be easily tipped or knocked over.

  5. Ensure that holders for natural trees have a large reservoir for water and are kept filled. The use of one of the commercially available products which prolong the ability of the tree to absorb water is permitted.

  6. Use only Underwriters’ Laboratories Listed or Factory Mutual Approved electric lights or other electrically operated devices.

  7. Electric lights or other electrically operated devices are to be used only when under the supervision of a responsible person.

  8. Remove from the building immediately any natural tree showing signs of unusual dryness.

  9. Display trees in a remote area of a room or lobby and away from all paths of exit.

  10. Prohibit the use of candles on or near trees. The use of paper or other combustible decorations is prohibited, regardless of flame-proofing.

  11. Metallic trees, such as the aluminum alloy type, may be used in any room provided no electric lights or wiring are placed on or in contact with any part of the tree. A remote flood light is suggested.

  12. Use only a nationally recognized independent testing laboratory labeled "flame-resistant" tree if using an artificial tree.

  13. Use only noncombustible materials or combustible materials which have been treated to be flame-resistant for decorations other than decorations for trees.

Please call us if you have any questions!

 

Date: October 25, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   New Safety Standard for Automatic Security Gates
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The U.S. Consumer Product Safety Commission (CPSC) is alerting consumers to a tougher safety standard that should prevent children from becoming entrapped in automatic security gates. These sliding or swinging gates are typically found at the entrances of residences, apartment buildings, condominiums, parking lots and garages, and commercial establishments.

Since 1985, the CPSC has learned of 32 deaths related to automatic gates, including 20 deaths to children. From 1990 to 2000, the CPSC has estimated that nearly 25,000 people have been involved in automatic gate-related injuries, including 9,000 children under 15 years old. Each year over 2,000 people, including 800 children, are treated in hospital emergency rooms for injuries to the head, neck, arm, or hand.

Children and adults can be severely injured or killed if they become entrapped in the gates as they are automatically opened or closed. The injuries also include cuts, broken bones, hematomas, and amputations. Many older gates do not have sensing devices or reversing mechanisms to prevent these entrapments.

"If your apartment or condominium complex has an older gate, contact a manager or your homeowners' association and have it replaced with a safer automatic gate that meets the new standard. It could save a life," said CPSC Chairman Ann Brown.

"In educating the public about the danger these gates can present, it is my hope that other families will not suffer, like my family and nephew have," said Michelle Talbert, aunt of 8-year-old Marlow Santos, of Gardena, Calif., who died after he became entrapped in a sliding gate.

The CPSC worked with Underwriters Laboratories (UL) to develop the tougher safety standard that requires automatic gates to have at least two mechanisms to prevent entrapment. These provisions are similar to the standards in effect for automatic garage doors. The standard, which UL adopted in March 2000, requires a sensing device that will reverse the gate if it encounters an obstruction when opening or closing; and a secondary sensing mechanism, such as an electric eye or an edge sensor that will reverse the gate if an obstruction is detected. Additional safety measures related to gate installation include:

 

 

Date: October 22, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Use of Cornstarch in Printing Process Prompting False Anthrax Reports
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We received this message from the FBI Counter-Terrorism Division on Friday, October 19, 2001:

"In recent weeks numerous anthrax reports to law enforcement agencies across the country have focused on a fine powdery substance found on magazines and other paper products shipped through the mail. Recipients should be aware that a common practice in the publishing industry involves applying a light coating of cornstarch to the cover and pages of glossy magazines and other printed materials. This process prevents the pages of these products from adhering to each other during shipping. The fine white or light brown powder produced during this process, called printers' spray powder, is not toxic and poses no health risk.

This process is most closely associated with "high-gloss" magazines, but printers' spray powder may also be used on other printed products. For example, an officer with the Sacred Heart League {SHL}, a Catholic non-profit missionary organization based in Mississippi, has advised the FBI that his organization routinely send out inspirational booklets to its members. A recent shipment contained a number of booklets coated with the cornstarch-based powder. Given the recent media coverage of anthrax incidents, a number of SHL members became alarmed by the powder coating and have contacted local law enforcement agencies."

We hope this will alleviate some fears if your staff is observing powder with printed material.

Date: October 18, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Tetherball Poles
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Background

Fourth grader Jeremy is playing football with his friends on the playground. He goes out for a pass and makes the catch. However, as he begins to turn around to see where the end zone is located, his head (and the rest of his body) is hit by someone or something. What really "hit" him was an 8 foot high, 2 inch in diameter metal tetherball pole. Jeremy collapses to the ground in pain.

The tetherball pole is used to play the game of tetherball. The game involves attaching a volleyball-size ball to one end of a rope and the other end of the rope to the top of a single metal pole. Two players stand facing each other with the pole in the middle. The players hit the ball in opposite directions. The goal of the game is to completely wrap the rope around the pole and to have the ball touch the pole. Children are sometimes injured while playing the game when being hit by the ball or when their hand misses the ball and hits the pole or strikes the tether rope. The popularity of the game of tetherball often goes in cycles.

Analysis

Jeremy’s experience is not uncommon. Our office frequently receives reports involving children who collide with these poles and who are injured. Fortunately, most injuries are only contusions and an embarrassed ego. However, we recently have received a number of reports where students have collided with the poles and have received stitches and concussions. Physical injuries that have been associated with tetherball equipment include: strangulation (primarily the cord wrapped around the neck), contusions, concussions, cord burns and broken teeth (hitting the pole).

This type of equipment could be categorized as a low to medium hazard possessing a relatively low frequency of injury and a medium to high severity of injury.

The overall hazard classification depends on certain factors. These factors include the location of the pole and whether or not activities are allowed to take place near the pole.

Legal liability for physical injury claims will depend on the applicability of the concept of foreseeability and the reasonable prudent person theory. Schools will have the affirmative defense of governmental immunity. Schools will also be exposed to the exceptions to governmental immunity. The building defect exception will most likely not apply since playground equipment is not usually considered part of the building. However, the deliberate indifference or gross negligence exception could apply if evidence could be presented that the district knew or should have known that a hazard existed and failed to remove or mitigate the hazard thus showing a complete disregard for the safety and welfare of the playground users.

Districts can avoid or minimize the risk of injury by controlling the activities around the pole and by locating the pole in a less trafficked area. Controlling the activities is a great risk control strategy when school is in session and supervisors are on the playground. However, most of our playgrounds are accessible 24 hours a day. Playgrounds have more unsupervised times than supervised. Districts are also held legally liable for injuries occurring on their playgrounds when they are not supervised. The best risk control strategy is to place the pole in an area that will not have students running around it.

I have found numerous tetherball poles on playgrounds over the years that are not used nor are there any plans to use them in the near future. Building administrators are sometimes resistant to the idea of removing them. They argue that the equipment should still be left in place since playground equipment is costly and the game could become popular again. I argue that, if they are not being used, the poles are not good for anything except causing injuries. Therefore, they should be removed. In addition, tetherball sets are relatively inexpensive and can be purchased and installed quickly when they become popular again.

Recommendation

Remove the poles if they are not being used and there are no plans to use them in the immediate near future. Evidence of plans to use them in the immediate near future include having a usable tetherball with rope already in your equipment inventory.

Review your playground and evaluate whether the location of the pole is a hazard. The ideal location is off to the side and in an observable corner where students do not tend to congregate when playing other physically active games.

Identify and immediately remove any stand alone poles or sticks protruding from the ground that could be a physical injury hazard.

Please call us if you should have any questions.

 

Date: October 17, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   The Anthrax Exposure in Schools
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The recent discovery of the deadly bacteria anthrax in envelopes has raised everyone’s awareness of a new form of terrorism called bio-terrorism. The focus of these attacks appears to be the media, big business and government. Many educators are concerned that schools could be targeted as well. Educational institutions are eager to find policy and procedures that will be reasonable in light of the threat, protect their staff and students and soothe people’s fears.

In addition to the real threat, countless anthrax hoaxes and pranks are occurring in business and government. Our schools will not be immune. Some students and members of the public will engage in harmless copycat activity in order to get attention and disrupt the educational process. Nonetheless, schools will need to treat all suspicious packages and envelopes the same.

Anthrax is a potentially deadly bacteria. Fortunately, the amount of bacteria involved in confirmed incidents and the means of delivery (via an envelope) will rarely cause death according to most health experts. According to anti-terrorist law enforcement specialists, the primary goal of these incidents appears to be to incite terror in the American public.

This risk control bulletin provides some basic risk management recommendations for addressing anthrax exposures in schools at this time. The information in this bulletin is organized in the following order for ease of reference and use:

Recommendations
Quick Facts About Anthrax
How to Identify Suspicious Packages and Letters
What to Do if You Receive a Suspicious Package
Signs and Symptoms of Anthrax Exposure
Medical Treatment

Recommendations

Review this Risk Control Bulletin with administrative staff and develop a workable, reasonable procedure. Recognize that certain extreme measures may need to be implemented at this time that may need to change in the future as the threat increases or decreases.

Keep in mind that your procedural response may be similar to what you may already have outlined in your emergency/crisis response manual for bomb threats and a bio-hazard exposure such as bloodborne pathogens. This Bulletin contains recommended sample practices from the United States Centers for Disease Control and Prevention.

Identify people who are at risk in your institution. Recent anthrax cases in the United States have occurred via contact with pieces of mail containing the bacteria. Therefore, the people who will most likely be at risk are those individuals who receive and process mail in your institution. Discontinue students processing mail. Consider central administration and building personnel sites. Limit the number of people handling the mail. Err on the side of safety and prevention.

Please remember that The United States Postal Service delivers approximately 208 billion pieces of mail per year. Presently, there have been only a handful of confirmed incidents of anthrax bacteria being sent through the mail. The risk is very low, but being aware and informed is the key to preventing contamination.

Train staff in the following items and document who participated in the training, the training date and training content.

Provide latex gloves to mail screening personnel. However, remember that the gloves will need to be disposed of in a manner similar to bloodborne pathogens. The gloves will be contaminated and will contaminate what they touch.

Have ample large sized, zipper-style plastic bags available at mail processing locations to separate suspicious pieces of mail from others.

Post a sign in the mail receiving area reminding people of the exposure. A sample poster from the FBI is enclosed with this Bulletin.

Post the procedures in the mail receiving area.

Review the procedures as often as is necessary to ensure they are workable and at least every month for the next six months.

Meet and communicate regularly with local law enforcement and local health departments to stay abreast of viable local threats and current information on anthrax treatment protocol.

Vigorously and judiciously enforce school discipline upon those who perpetrate hoax anthrax threats in a manner similar to your discipline process for those who call in fake bomb threats. Provide due process and consult legal counsel before taking final action.

Quick Facts about Anthrax

Anthrax is an acute infectious disease caused by the spore-forming bacterium Bacillus anthracis.

Anthrax most commonly occurs in hoofed mammals and can also infect humans.

Symptoms of disease vary depending on how the disease was contracted, but usually occur within 7 days after exposure. The serious forms of human anthrax are inhalation anthrax, cutaneous (skin) anthrax, and intestinal anthrax.

Initial symptoms of inhalation anthrax infection may resemble a common cold. After several days, the symptoms may progress to severe breathing problems and shock. Inhalation anthrax is often fatal.

The intestinal disease form of anthrax may follow the consumption of contaminated food and is characterized by an acute inflammation of the intestinal tract. Initial signs of intestinal anthrax are nausea, loss of appetite, vomiting, and fever followed by abdominal pain, vomiting of blood, and severe diarrhea.

Direct person-to-person spread of anthrax is extremely unlikely, if it occurs at all. Therefore, there is no need to immunize or treat contacts of persons ill with anthrax, such as household contacts, friends, or coworkers, unless they also were also exposed to the same source of infection.

In persons exposed to anthrax, infection can be prevented with antibiotic treatment.

Early antibiotic treatment of anthrax is essential – delay lessens chances for survival. Anthrax usually is susceptible to penicillin, doxycycline, and fluoroquinolones.

An anthrax vaccine also can prevent infection. Vaccination against anthrax is not recommended for the general public to prevent disease and is not available.

III. How to Identify Suspicious Packages and Letters

Some characteristics of suspicious packages and letters include the following…

  • Excessive Postage

  • Handwritten or poorly typed addresses

  • Incorrect titles

  • Title, but no name

  • Misspellings of common words

  • Shows a city or state in the postmark that does not match the return address

  • Oily stains, discolorations, odor or powder

  • No return address

  • Excessive weight

  • Lopsided or uneven envelope

  • Protruding wires or aluminum foil

  • Excessive security material such as tape, string, etc.

  • Visual distractions

  • Ticking sound

  • Marked with restrictive endorsements, such as "Personal" or "Confidential"

IV. What to Do If You Receive a Suspicious Package

Choose to stay calm.

Anthrax organisms can cause infection in the skin, gastrointestinal system, or the lungs. To do so, the organism must be rubbed into abraded skin, swallowed, or inhaled as a fine, aerosolized mist. Disease can be prevented after exposure to the anthrax spores by early treatment with the appropriate antibiotics. Anthrax is not spread from one person to another person.

For anthrax to be effective as a covert agent, it must be aerosolized into very small particles. This is difficult to do, and requires a great deal of technical skill and special equipment. If these small particles are inhaled, life-threatening lung infection can occur, but prompt recognition and treatment are effective.

Suspicious Unopened Letter or Package

What to do next…

Notify the Center for Disease Control Emergency Response at 770-488-7100 for answers to any questions.

Envelope With Powder and Powder Spills Out Onto Surface

What to do next…

Notify the Center for Disease Control Emergency Response at 770-488-7100 for answers to any questions.

Question of Room Contamination by Aerosolization:

For example: A small device is triggered warning that air handling system is contaminated, or warning that a biological agent released in a public space.

What to do next…

Notify the Center for Disease Control Emergency Response at 770-488-7100 for answers to any questions.

V. Signs and Symptoms of Anthrax Exposure

Many of the symptoms of inhalational anthrax are the same as those of common viral upper respiratory infections. Do not assume that your cough is from anthrax. Patients with inhalational anthrax generally develop fever, chills, weakness, headache, shortness of breath, cough, chest pain, abdominal pain and vomiting. This may occur days or even many weeks after an exposure. Patients may then feel better for a short period of time before developing high fever, severe shortness of breath, and shock. Inhalational anthrax cannot be transmitted from person to person. The fatality rate for untreated inhaled or intestinal anthrax is over 90%.

Cutaneous (skin) anthrax is initially characterized by a small solid elevation of the skin, which progresses to a fluid-filled blister with swelling at the site of infection. The scab that typically forms over the lesion can be black as coal, hence the name anthrax - Greek for coal. If you develop cutaneous anthrax, the drainage from the open sore presents a low risk of infection to others. The only way cutaneous anthrax can be transmitted to another person is by direct contact with the drainage from an open sore. Cutaneous anthrax is not spread from person to person by casual contact, sharing office space, or by coughing and sneezing. With treatment, the case fatality rate is less than 1% among people who get the skin form of the disease.

VI. Medical Treatment

Treatment with antibiotics beginning one day after exposure has been shown to provide significant protection against death in tests with monkeys, especially when combined with active immunization. Penicillin, doxycycline and ciproflaxin are all effective against most strains of the disease.

Sources:

Centers for Disease Control and Prevention 10/16/01 (United States Postal Service 10/16/01 (www.usps.gov)
New York State Department of Health 10/16/01; (www.health.state.ny.us/nysdoh/bt/cutaneous.htm)
ABC News; (www.abcnews.go.com/sections/living/Healthology/anthrax_smallpox011004.html)

Attachment: FBI Poster
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Date: January 25, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Legislation Prohibiting Mercury in Schools
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Background

Recent mercury spills in classrooms in the state of Michigan and elsewhere have exposed students and staff to a dangerous health hazard. We responded to these incidents by addressing this hazard with the membership in a Risk Control Bulletin entitled "Mercury Contamination Risk Control" issued on May 15, 2000. The Bulletin addressed the hazard from a risk management perspective. These incidents also got the attention of the Michigan legislature which felt it necessary to ban mercury in schools from a public policy standpoint. Consequently, Public Act 376 of 2000 was signed by Governor Engler and became effective on January 2, 2001.

Analysis

Public Act 376 of 2000 prohibits the use, purchase and storage of mercury in schools in the form of free flowing elementary mercury and when mercury is used in instruments. The prohibition takes legal effect on December 31, 2004.

The Act only applies to school districts, intermediate school districts, local act school districts, nonpublic schools and public school academies. It does not apply to community colleges, universities or libraries operating as a District Library under the District Library Establishment Act, 1989 PA 24.

The Act makes it the responsibility of the decision-making board to the applicable entities to ensure that mercury and mercury containing instruments are disposed of in accordance with applicable state and federal laws. No provision exists for paying for the removal of the mercury or of replacing instruments containing mercury.

The Act gives schools four years to remove all mercury and to come into compliance with the prohibition.

It appears that the intent of the legislation is to ban mercury from the school in every conceivable use and in every type of container, even if self-contained, with one exception.

The exception is to allow mercury in instruments where there is no mercury-free alternative. Mercury is then regulated by the statute to the lowest content amount available on the market.

The Act affects all building areas such as instructional areas, storage rooms and boiler rooms. Mercury thermometers used in the health curriculum, vocational training programs and science labs will need to be properly disposed of if not done so already.

We addressed in the May 15, 2000 Risk Control Bulletin the potential third party liability should students be exposed to mercury. Public Act 376 of 2000 does impact the liability landscape. However, it’s practical effect is relatively minor. In essence, the Act makes it easier for a plaintiff to prevail by establishing negligence per se if any mercury is found in a building that does not fit the exception since a statute has been violated. The plaintiff would still need to prove gross negligence on behalf of a school official to avoid the assertion of a governmental immunity defense. On another front, an intentional tort could be easier to prove since it is now clear that public policy requires removing mercury from school buildings and schools now have an affirmative duty to remove mercury. Individual liability can still accrue if facts support acts or omissions that could amount to gross negligence. Regarding the applicability of insurance coverage, insurance coverage for intentional torts could be jeopardized since defense and damages for intentional torts are often not included in general liability policies including the Trust’s program.

The Act will also impact members by requiring additional capital outlays for replacing mercury thermometers on boilers should "reasonably acceptable mercury-free alternatives" be unavailable. It is unclear what the legislature means when it states "reasonably acceptable mercury-free alternatives" and to whom it is acceptable. Districts could reasonably assume that, absent any clearer direction, it is up to the district’s own discretion as to what constitutes a reasonably acceptable mercury-free alternative.

Lastly, the trend has been to remove all mercury used in instructional programs and facilities. Obviously, as stated in our previous Risk Control Bulletin, the Trust has recommended this approach. This legislation will speed efforts if none has been undertaken and sets a deadline for completing mercury abatement.

Recommendations

Public Act 376 of 2000
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Date: January 4, 2001
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Protecting Property Against Severe Winter Weather
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Background

The unprecedented prolonged cold weather and the unusual significant snow accumulations are creating hazardous conditions to property. Severe winter weather often results in at least three hazards; prolonged freezing temperatures, significant snow accumulations and ice build-up. The Midwest has been experiencing all three of these hazards since mid-December and most likely will not experience relief anytime soon.

The Trust has already received notice of a number of property claims arising from just the bursting of frozen pipes. Pipes freezing include those in automatic fire suppression systems and water heating systems. A couple of these claims individually will end up costing close to our $250,000 property pool retention.

Analysis

The following section identifies some major consequences to the three previously identified hazards: prolonged freezing temperatures, significant snow accumulations and ice build-up.

Prolonged freezing temperatures can contribute to pipes freezing. Frozen water increases the water pressure between the ice blockage and the closed faucet at the end of the pipe. Pipes will burst at the weakest point. Expenses related to claims involving frozen pipes include: the cost to repair the pipes, cost of replacing or repairing the water damage to equipment and floors and the cost of cleaning up the damage to prevent mildew and odors. The bulk of the cost is reflected in the two latter items. In addition, the bursting of fire suppression piping can result in the closing of a school and increase the loss potential due to fire until it is repaired.

High snow accumulations increase the weight on the roof. The roof can collapse should the weight exceed the load bearing capacity of the roof. Obviously, a catastrophic loss could occur if the building is occupied at the time of the collapse. In addition, a building could be rendered unusable until the roof is repaired. Any roof failure could result in the building or a portion of the building being unavailable. Please keep in mind that winds can turn normal snowfall into heavy drifts that can collapse roofs.

Ice build up occurs when melting snow or falling rain is exposed to freezing temperatures. A frequent source of ice build up is around gutters. The build up occurs when interior heat melts snow on the roof and the water re-freezes at the roof’s edge when it hits the cooler temperatures. Ice can prevent proper water run-off resulting in interior walls sweating or water backing up under protective flashing.

Recommendations

The following recommendations make a good checklist for fighting severe winter weather. Severe weather often requires extreme responses.

I hope you find these risk management tips helpful. Please call if we can be of any other assistance.

Date: September, 2000
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Bendix ABS system
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Recall Alerts identify products and equipment which could result in significant legal liability to the member should the recalled product continue to be used. Recall Alerts are issued by the Middle Cities Risk Management Trust and are sent to members as recalls become known. These Recall Alerts do not identify all products and equipment recalled that could be used by an educational institution. Members can obtain regular notice of recalled products through the Consumer Product Safety Commission.

Attention: Transportation Directors

Recall Product: Thomas Built, International, Amtran and Blue Bird School Busses with the Bendix Anti-lock Brake System (ABS)

Why: Vehicles can experience unwanted temporary ABS activation at low speeds due to a false wheel speed signal.

How many: Over 46,000 school busses, model years 1998 or later, equipped with the Bendix ABS system and an electronic control unit (ECU) with the model number EC-17-1030R. Busses with hydraulic brakes are not affected by this recall. There have been no bus accidents or injuries attributable to the EC-17-1030R. Less than 1% (.035%) of busses equipped with the EC-17-1030R have reported unexpected ABS activity at low speeds (generally under 10-15 mph), which may feel like a temporary loss of braking capability. Full braking is restored after a few seconds of temporary ABS activity.

What to do: Refer to the attached Question and Answer sheet to determine if your school bus is included in this recall. Bendix recommends that vehicles be inspected for wheel speed sensor cable abrasion chafing against rotating components, such as the wheel rim or brake drum. (See attached instructions). If the ABS light comes on, the vehicle should be serviced immediately (even if the light goes out). Replacement ECU’s will be available by November 2000, however Bendix believes that these busses are safe and can be driven until the repair work is done. If a driver senses loss of brakes and cannot stop the vehicle, he or she can apply the parking brake to stop the vehicle.

For more information: Contact Bendix at (800) 478-1793 Monday through Friday between 8 a.m. and 10 p.m. EST, or Saturdays from 9 a.m. to 3 p.m. You may also visit the company’s web site at .

For Additional Details, please call the Trust (517) 347-7070.

Date: July 11, 2000
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Van Cheat Sheet
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Enclosed is a Van Cheat Sheet that I hope you will find helpful for answering questions about the use and purchasing of vans. The Van Cheat Sheet is a handy reference for giving to staff working with small groups of students who may travel.

Please note that if you have purchased a 15 passenger van since October 1993 and are using it for transporting students to and from school and school related events you have been doing so in violation of state law. Consequently, the use of 15 passenger vans purchased after October 1993 should stop immediately if used for transporting students! Continued use will expose you to significant liability that would most likely undermine any governmental defense argument. A lack of knowledge of the law or of an intent to do harm will afford you no legally justifiable relief. The old axiom "ignorance of the law is no excuse" would apply.

Lastly, use of a school bus is still the safest mode of transportation.

Please call our office if we can be of any assistance in your risk management endeavors.

Van Cheat Sheet

Vehicle

Permitted by law

Risk Management Position

Using* (vehicle) to transport students to and from school and school related events.

 

 

Station wagons

Yes

Yes

Mini-vans

[Manufactured Rated Seating Capacity (MRSC) is 10 or less]

Yes

Yes

Passenger vans

[MRSC is for 11 to 15 passengers]

Yes until October 1, 2002

(PA 191 of 1996)

No, due to possible tort liability

Purchasing (vehicle) to transport students to and from school and school related events.

 

 

Station wagons

Yes

Yes

Mini-vans

[MRSC is 10 or less]

Yes

Yes

Passenger vans

[MRSC is for 11 to 15 passengers]

No since October 1, 1993

(PA 187 of 1990)

No

*Using includes leasing, renting, hiring and borrowing.

"Use of a school bus is the safest mode of transportation."

Date: June 20, 2000
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Vans and the Risk Management Implications Arising out of Public Act 49 of 2000
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Vans. No other topic makes Risk Managers as nervous and confused as trying to understand the various issues related to vans. A newly enacted Public Act is one more bit of information that could add to the confusion. This Risk Control Bulletin will update you on the contents of the newly passed Public Act 49 of 2000 and the risk management implications of continuing van use.

Background

Public Act 49 of 2000 was signed into law on March 29, 2000 and became effective immediately. Public Act 49 amends Public Act 187 of 1990. Public Act 187, commonly known as the Pupil Transportation Act, details state requirements for providing transportation services to students for school and school related events.

In general, Public Act 49 accomplishes the following:

Analysis

Attached is a handout entitled A Guide to Using PA-49 of 2000 in Your Daily Fleet Operation. The handout identifies the changes in the Act by Section with corresponding implications in everyday operations. The Guide was developed by Mac Dashney, Director of Transportation Services in the Lansing School District, who graciously allowed us to provide some input in the Guides’ development.

A significant risk management concern has been the liability associated with the use of vans designed to carry 11 to 15 passengers. The liability stemmed primarily from the differences in the federal and state definitions of a school bus. We addressed this issue in detail with our membership in a Risk Control Bulletin dated August 22, 1995 (Revised) entitled: Guidelines on the Use of Vans for Transporting Students To and From School Related Events. We consequently recommended that 11 to 15 passenger vans be avoided and that school buses be used instead. We acknowledged that mini-vans and station wagons were another alternative if school buses were not available.

Public Act 49 eliminates different definitions by adopting the federal definition of a school bus. Therefore, we could be tempted to think that this would eliminate the liability concern as well. Unfortunately, this is not the case.

The elimination of two different definitions has made it more difficult for a plaintiff’s attorney to use a violation of the federal definition of a school bus as evidence of negligence per se. However, a different argument could be as damaging under the amended law. A plaintiff’s attorney could allege that a district showed a substantial lack of concern whether an injury could result by allowing a van to transport students when public policy has determined that all vans (except those owned by parents or their designee) will be legally prohibited from being used as of October 1, 2002. This argument is supported by the position that the reason the vans are being prohibited is that the people of our state have determined that vans are unsafe for transporting students. In further support, it could be asserted that the Act affirms the 2002 effective date and provides transporting agencies with ample notice of this policy statement and gives a grace period for compliance. Finally, it could be argued that though the Act still recognizes the use of vans as legally permissible at this time, the use of vans at this time is clearly morally impermissible since they will be prohibited in the near future. All these arguments could be damaging to the defense posture of our members.

In conclusion, the use of vans in transporting students has become less complex from a regulatory standpoint but continues to be filled with liability landmines. The amendment changing the definition has eliminated one area of significant potential liability and obviously this change is welcomed. However, potential liability does exist based on other issues.

Recommendations

We recommend maintaining the same approach as outlined in our 1995 Risk Bulletin. These three points are:

1. Avoid using vans in general. Use yellow and black school buses whenever possible. These vehicles meet state and federal safety requirements. Concerns about driver credentials and a valid drivers license are sidestepped since bus drivers go through a more extensive review and training.

2. In lieu of using school buses, use mini-vans or station wagons for transporting small groups of students to and from school related events due to the potential liability exposure. Make sure drivers have a valid drivers license.

3. Do not use passenger vans "designed" to carry 11 to 16 passengers. Designed refers to the Manufacturer’s Rated Seating Capacity (MRSC) not the number of seats or seat belts. The capacity rating can be found by looking on the driver’s side door plate.

In addition, we recommend that you make sure your transportation director, athletic directors and anyone else responsible for the transporting of students are aware that PA 49 does not change the Trust’s position on not using 11 to 15 passenger vans.

 

Please call should you have any questions.

Date: May 15, 2000
To: Trust Members
From: Jim deSpelder, Risk Manager
Re:   Mercury Contamination Risk Control Bulletin
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  Cleaning Up Small Mercury Spills Pamphlet
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This Risk Control Bulletin will provide you with a short analysis of both the health and legal exposure to mercury and how to control the risks associated with the possible contamination.

Background

The Trust usually has a couple of incidents a year involving mercury. Most incidents result from the breaking of thermometers. Some incidents arise from experiments gone awry in the classroom. Consequently, we get calls on how to handle mercury contamination.

In addition, there have been a rash of mercury contamination incidents in Michigan during the last couple of weeks. These incidents have heightened everyone’s awareness about the dangers of mercury contamination. For example, an incident at Jefferson Middle School in Monroe County (not a Middle Cities member) involved a student who allegedly took one vial from a science lab, showed friends and kept the mercury in his room at home. His actions ultimately lead to the school and two buses being decontaminated, the school closing for a couple of days, two buses put out of service for a couple of days as well, contaminated clothes and backpacks being destroyed, family and friends undergoing blood tests and his home being quarantined. All this for just being exposed to.... two ounces of mercury.

Analysis

Mercury is a silvery white metallic element used in the following devices and compounds that are often found in schools:

Devices

Compounds

thermometers
vapor lamps
batteries
barometers
pressure-sensing devices
Charles’ law tubes
J Tubes
diffusion demonstration apparatus
sphygmomanometers

mercurous nitrate
mercuric nitrate
mercuric oxide
Million’s solution
Hayem diluting fluid
LaMotte water quality test kits

Historically, mercury has been used in science classrooms to demonstrate qualities of adhesion, density and different chemical properties. Its physical properties allow it to ball up and form pools. Students and teachers find it a fascinating and a captivating substance.

Mercury is toxic by ingestion, inhalation and skin absorption. Inhalation is the primary route of exposure. About 80% of inhaled mercury vapor passes into the blood stream. Mercury affects primarily the central nervous system. The central nervous system is effected in the following three ways:

Mercury is regulated as a hazardous waste and consequently must be disposed of in accordance with state and federal environmental regulations. Disposal procedures are determined by the amount of the spill. Two tablespoons (1 gram) is the legal threshold for differentiating between a small and large spill. A small spill is less than two tablespoons. A large spill is equal to or greater than two tablespoons.

A typical thermometer contains ½ to 3 grams (.018 to .11 ounces) of mercury. A typical household mercury fever thermometer contains approximately 1 gram of mercury. A typical barometer contains 1 pound (454 grams) of mercury and poses a significant spill risk. The cost of cleaning up a spill will vary by the size of the spill and the degree of exposure to property and people. Small spill clean-ups usually cost around $1,000 and large spills can go into the tens of thousands of dollars.

Exposure to mercury is a recognized occupational health hazard. Therefore, excessive exposure to the chemical could permanently affect employees and entitle them to all the rights afforded injured employees under the workers’ compensation laws of our state.

Exposure to mercury by students can result in third party liability. Mercury hazards have been known for at least 100 years and there is no reason mercury should be used in the classroom as part of a demonstration. Comparable chemicals can be used in it’s place.

Educational institutions have a duty to protect students from known hazards reasonably expected in the classroom. Mercury is a known hazard and a failure to abate the hazard exposes the institution to potential liability for negligent instruction and maintaining an unsafe classroom. Furthermore, it could be argued that since the dangers of mercury are widely known and accepted, failure to remove the mercury could be considered evidence of an intentional wrongful conduct or omission. In addition, permitting unreasonable mercury exposure could be construed as conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results thus meeting the definition of statutory gross negligence. Successful assertions of gross negligence by the plaintiff negate the advantage of a governmental immunity defense by the defendant. Successful assertions of an intentional act could jeopardize the availability of our insurance protection program.

Recommendations

Please call if we can be of any additional assistance.

Attachment:
"Cleaning Up Small Mercury Spills Less Than 2 Tablespoons," Michigan Department of Environmental Quality informational pamphlet, May 2000.

Reference sources:
Chem Info Net, A Chemical Health and Safety Resource for Schools. (No Date). Mercury [Online]. Available: www.cheminfonet.org/mercury1.htm [2000, May 15]

United States Environmental Protection Agency. (No Date). Mercury and Compounds [Online]. Available: