Pacific Lutheran University Science Lab Safety 2008

1. Pacific Lutheran UniversityScience Lab Safety2008 RISK MANAGEMENT 101

2. Washington Schools Risk Management Pool • The Washington Schools Risk Management Pool (Pool) is a cooperative agreement among 149 School Districts, eight educational service districts and three education-related interlocal cooperatives in Washington state to provide coverage for the property and liability exposures of its members.

3. UNIVERSITY LAB SCHOOL FIREComplex destroyed in fire at Lab School • A fire destroyed the west wing of the University of Hawai'i Lab School elementary building on Metcalf Street yesterday. Smoke and flames could be seen from as far away as King Street in Mo'ili'ili. Posted on: Wednesday, June 14, 2006

4. Parents’ Expectation That their children will be returned to them in the samecondition as they left for school that morning!

5. Risk Management • Identify Loss Exposures • Property • Personnel • Liability • Net income SEVERITY vs. FREQUENCY

6. Risk Management A B C’s • A - Risk Avoidance Don’t do the activity if it is too dangerous or uninsurable • B - Risk Transfer Transfer the risk by contract or by insurance • C – Loss Control Control the activity to reduce the frequency and/or severity of losses

7. Liability • The law recognizes that every person/entity has legal interests that are protected by criminal and civil law. • Legal liability is responsibility imposed by law for an act or the failure to act . • Breach of this legal responsibility causes a party to be liable for any harm caused by the breach. NEGILGENCE

8. Four Elements of Negligence • All four must be proven in court for negligence to be assigned to the District: • Duty Owed • Duty Breached • Damage Resulting • Proximate Cause

9. District Liability • High risk activities require higher standard of care from staff • School Districts are targets for lawsuits by plaintiff’s attorneys – not just “in loco parentis” doctrine. • Multi-Million Dollar Awards/Settlements for student injuries

10. Personal Liability • Named as individuals in a lawsuit along with the school district • Service of Summons and Complaint at home or place of employment naming you individually as a defendant

11. You Are Covered • You are a Named Insured under the District’s Insurance Coverage • While acting within the course and scope of your employment • Always excluded are criminal and intentional acts (But best not to assume & check w your provider)

12. Standards Of Care Establish Duties • By statute and case law • By district policy • By accepted safety standards • By common practice (neighboring school districts; community) • By forseeability (a legal standard meaning “knew or should have known”)

13. Other considerations • Lack of funding is never acceptable excuse • You don’t HAVE to do anything-if you can’t do it safely…what is the alternative? • Variables such as maturity, size, age, mental capacity of students, and the nature of the activities must always be considered. • Warnings should be both verbal and written • Document, Document, Document…

14. Issues Found in School Labs • Unsafe storage & disposal practices • Lack supervision/improper access • Degraded chemicals & degraded containers • Unprepared for spills or earthquakes • Poor housekeeping – inadequate facility usage • Inadequate compliance – I.E. CHP/CHO • Eye washes & showers! • Chemical purchasing practices & lab exercises create more waste & more risks

15. School District Claims • Chemicals splashed in eyes • Shards of glass from exploding beakers during experiments • Dermal exposure • Inhalation exposure • Property damage by fire • Methanol

16. ChemicalHygiene Plan • Required by WISHA (WAC 296-62-40009) and OSPI • Enforced by WISHA compliance inspectors – Hazard Communication Standard violations most common penalty assessed to schools • Possible severe monetary penalties imposed • Creates liability if not in compliance

17. Lab Safety Plan • Provide PPE and enforce • Practice experiments before demonstrating to class • Maintain eye wash/chemical shower (monthly) • Provide adequate ventilation (fume hoods, storage areas) • Annual inventory of chemicals

18. Lab Safety Plan • Provide inventory list to fire department • Appropriate storage of chemicals • Have first aid supplies available • Reduce quantities of chemicals • Post evacuation routes • Post 911 near phone (9-911?)

19. Emergency Medical • Render Emergency First Aid • Call 911 if any doubt - err on the side of caution • Call office to notify parents • EMT/Paramedics make the decision to transport, not parents.

20. Timely Reporting Requirements • Report Incident to insurer via Risk Manager at your School District Office • Call if serious injury • Document Facts Not Feelings • We can help if we know quickly (damage control) • We DON’T like to see it on television (or in the newspaper) first!

21. Confidentiality • Loose Lips Sink Ships • Claims adjuster will go through appropriate channels (Superintendent or Risk Manager) • Will identify themselves as WSRMP adjuster, and show picture I.D. • Our defense attorneys will be introduced to you by WSRMP and district staff • Breach can be separate cause of action due to FERPA violation

22. Don’t Panic! • REMEMBER: It didn’t happen over night & You won’t fix it in a week! TAKE A DEEP BREATH AND THEN DECIDE …. What should I do First? • Set small goals • Build a team with respect and patience • Ask for help

23. Use Your DistrictRisk Manager • Your school district risk manager is there to help you • If problem with facilities they can help to resolve them • They have resources and expertise and access to outside consultants (insurer, state, etc.) • They are your ally Ask your Business Office or Who you send student /staff accident report forms to….

24. Your Insurance Provider Washington Schools Risk Management Pool Pool Website address: www.wsrmp.com Secured Member’s Only site: https://www.wsrmp.com 1 800 488 7569 or 206 394 9737

25. SW Washington Risk Management Insurance Cooperative • SWRMIC c/o ESD 1122500 NE 65th AvenueVancouver WA 98661-6812 Loy DalePhone: (360) 750-7504Fax: (360) 750-9836loy.dale@esd112.org

26. Canfield United Schools Insurance Program (USIP) or Schools Insurance Association of Washington • 451 Diamond DriveEphrata WA 98823 • http://www.canfield-associates.com/

27. Other Resources • Other Science Teachers/Professional Organizations http://www.wsta.net/html/index.php • Local Colleges/Universities • State Dept of Health School Environmental Health and Safety Program http://www.doh.wa.gov/ehp/ts/School/default.htm

28. More…. • Your Local Health Department • City or County Solid Waste Department • Moderate Risk Waste facility • Department of Ecology • Department Labor and Industries • CONSULTATION SERVICES vs COMPLIANCE

29. Who’s Who WORKERS ENVIRONMENT EPA OSHA FEDERAL CFR STATE DOE WISHA/L&I WAC LOCAL Health Dept Public Works Etc…

30. And More…. • The High School Safety Web Pages A simple set of pages covering all aspects of high school lab safety, including photos.www.chem.unl.edu/safety/hslabcon.html • Flinn Scientific Subscribe to their free laboratory safety-training program for junior and senior high school science teachers. www.flinnsci.com/Sections/Safety/safety.asp

31. Thank you • And be safe!