Transcript The Top 10 Liability Pitfalls In Public Education

Pacific Lutheran University
Science Lab Safety
2008
RISK MANAGEMENT
101
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.
UNIVERSITY LAB SCHOOL FIRE
Complex 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
Parents’ Expectation
That their children will be
returned to them in the
same condition as they left
for school that morning!
Risk Management
 Identify
Loss Exposures
 Property
 Personnel
 Liability
 Net
income
SEVERITY vs. FREQUENCY
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
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
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
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
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
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)
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”)
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…
Issues Found in School Labs




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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
School District Claims



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Chemicals splashed in eyes
Shards of glass from exploding beakers
during experiments
Dermal exposure
Inhalation exposure
Property damage by fire

Methanol
Chemical
Hygiene Plan

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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
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
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?)
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.
Timely Reporting Requirements

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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!
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
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

Use Your District
Risk 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….

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
SW Washington Risk Management
Insurance Cooperative

SWRMIC c/o ESD 112
2500 NE 65th Avenue
Vancouver WA 98661-6812
Loy Dale
Phone: (360) 750-7504
Fax: (360) 750-9836
[email protected]
Canfield
United Schools Insurance Program
(USIP) or Schools Insurance
Association of Washington

451 Diamond Drive
Ephrata WA 98823

http://www.canfield-associates.com/
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
More….
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Your Local Health Department
City or County Solid Waste Department

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Moderate Risk Waste facility
Department of Ecology
Department Labor and Industries

CONSULTATION SERVICES vs COMPLIANCE
Who’s Who
ENVIRONMENT
FEDERAL
STATE
EPA
DOE
LOCAL
Health Dept
Public Works
Etc…
WORKERS
OSHA
CFR
WISHA/L&I
WAC
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
Thank you

And be safe!