Posts Tagged ‘public safety’

Annals of Compensability: A Cop’s Coffee Break

Friday, September 14th, 2012

Whether in a local coffee shop or a Dunkin Donuts (but never a Starbucks?), the coffee break is an iconic moment in the routine of a police officer and thus appropriate fodder for our Friday blog.
Carolyn McDermed, a lieutenant in the Eugene, Oregon, police department, left her desk in the station and walked across the street to purchase coffee. She planned to drink it at her desk. Unfortunately, she was struck by a car and suffered multiple injuries. Her claim for workers comp revolved around one central issue: was she on a personal errand or “in the course and scope” of employment? Was she on a break or on call?
An administrative law judge ruled that McDermed was indeed working; the ruling was upheld recently by the Oregon Court of Appeals.
McDermed worked in the Office of Professional Standards; she managed her own time and took breaks when she felt like it. But unlike most of us, who can leave our work behind when we head out for coffee, McDermed was still prepared to do her job. She carried her cell phone and might be required to return to her office on a moment’s notice. Indeed, her coffee breaks were not without incident: one time she witnessed an auto accident and administered first aid; another time she escorted a woman fearful of a stalker to the latter’s office; and when a vehicle caught fire near her office, she applied a fire extinguisher and exerted crowd control. As a well-known, 17 year veteran of the force, she found herself frequently answering questions out in public about community law enforcement concerns. No wonder she would take the coffee back to her desk, where she could at least enjoy it in relative quiet.
Public safety officers are a bit like comic book heroes: they are expected to respond to public need at a moment’s notice. Thus, even though there were no safety issues on the day of the accident, McDermed was prepared to respond had something arisen. She was on duty and on call. Her work environment was not limited to her desk in the police station, where most of her duties were performed.
In the Course of Employment
The appeals court clarified the concept of “in the course of” employment:

An injury occurs ‘in the course of’ employment if it takes place within the period of employment, at a place where a worker reasonably may be expected to be, and while the worker reasonably is fulfilling the duties of the employment
or is doing something reasonably incidental to it.”

It is possible to extend the implications of this ruling to the point where public safety officers are on call 24/7. When the police encounter a circumstance requiring intervention or assistance, they are obligated to respond. They might be home in bed, or shopping at a mall with the family, or just moseying across the street for a cup of coffee, but they must be ready for anything and thus they are, potentially at least, at work. Compensability would revolve around what they were doing at the time of the injury and why they were doing it. In McDermed’s case, her taking a break did not sever her availability for service.
So the next time you see some cops taking a coffee break (that shouldn’t take very long), rather than ask whether they could find something better to do, remind yourself that they are on call and at work, unlike most of us, whose coffee breaks really are a break from our daily routines.

Electric Vehicle Safety Training for first responders

Tuesday, May 24th, 2011

Our highways are increasingly being populated with an array of new vehicles, from hybrids to electric cars and variety of lesser known technologies. And every time the cost of gas spikes, more and more consumers consider the options. A newly released J.D. Power and Associates study indicates major growth in consumer interest in green cars. The firm expects as much as 10 percent of sales to come from fuel-efficient vehicles by 2016, which would be a four-fold increase in green car sales over 2010. The Chevy Volt, a plug-in hybrid electric vehicle (EV), has been on sale in the U.S. market since mid-December 2010. By next year, GM believes it can sell as many as 60,000 Volts and Amperas. And other EVs have also made a recent debut: the Nissan Leaf and the Ford Focus, to name but a few.
New technologies pose new challenges. When firefighters, police and other emergency personnel respond to a vehicle collision, they need to be up to speed about these new technologies and any hazards they may pose during extrication and resue. These include risks related to electric shock, unintended vehicle movement due to multiple energy sources, new types of vehicle batteries, fire extinguishment/overhaul, and vehicle charging stations and infrastructure associated with electric vehicles.

The National Fire Protection Association (NFPA) has geared up for the challenge. Funded by $4.4 million grant from the U.S. Department of Energy and working in partnership with several vehicle manufactureres, the NFPA has launched an Electric Vehicle Safety Training program to help firefighters, police, and emergency medical technicians to prepare for the growing number of electric vehicles on the road in the United States. Training will encompass videos, classroom-training courses, self-paced online programs, and simulations to help first responders navigate the science and components of EVs, plug-in EVs, and hybrids. Training programs will help first responders ascertain whether the car is disabled or not, provide information about how to power down vehicles, demonstrate how to safely disconnect the high-voltage system, and show safe cut points for extrication.
An NFPA Journal article entitled Taking Charge offers more details about the program. According to a spokesperson, there are about 185 different makes and models of electric vehicles on the road today. The evsafetytraining.org site “…will also serve as a central repository for all EV-related training materials, and General Motors, Ford, Nissan, Tesla, and others will provide content to the program’s e-learning component. Another website highlight will be the Emergency Field Guide Database, which will list details of every EV produced since 2008. First responders will be able to identify badging, no-cut zones, airbag locations, and power-down procedures specific to each vehicle.”
Bonus: Firehouse.com offers a behind the scene look at the filming of the program’s video staring N.H. and Nev. firefighters.
Other resources
The National Alternative Fuels Training Consortium (NAFTC) is an alternative fuel vehicle and advanced technology vehicle training organization. It is headquartered at West Virginia University and consists of National Training Centers (NTCs) located nationwide from Maine to California. NAFTC develops curricula and disseminates training about alternative fuel vehicles and advanced technology vehicles. Over 1,000 organizations such as Walt Disney World, U.S. Air Force, and NASA have participated in the NAFTC’s training, education, and outreach activities. NAFTC educates consumers about AFVs and advanced technology vehicles. In addition, the NAFTA curricula offers First Responder Safety Training in Hybrid Electric Vehicles and Hydrogen Vehicles.
Alternative Fuels and Advanced Vehicles Data Center (AFDC) is an offshoot of the US Department of Energy providing a wide range of information and resources to enable the use of alternative fuels (as defined by the Energy Policy Act of 1992), in addition to other petroleum reduction options such as advanced vehicles, fuel blends, idle reduction, and fuel economy. It offers resources on alternative and advanced vehicles

Commercial drivers & medical certification (and other alarming commercial transportation safety matters)

Thursday, October 7th, 2010

On Mother’s Day in 1999, Custom Bus Charters’ bus driver Frank Bedell veered off a highway near New Orleans, killing 22 passengers and injuring 20 others. Just 10 hours before this trip, Bedell was treated at a local hospital for “nausea and weakness.” He had been treated at least 20 times in the 21 months prior to the accident, and 10 of those times involved hospitalization for “life-threatening” heart and kidney disease. You can read more about this horrific crash, which remains one of the nation’s deadliest bus crashes, at NOLA.com: Loopholes let sick man drive, safety board says. Also of interest: Breaking the law went with the job.
This accident brought the issue of the medical competence of commercial drivers to the public attention in a dramatic way. In its subsequent report of the accident after the investigation, The National Transportation Safety Board (NTSB) determined that “…the probable cause of this accident was the driver’s incapacitation due to his severe medical conditions and the failure of the medical certification process to detect and remove the driver from service. Other factors that may have had a role in the accident were the driver’s fatigue and the driver’s use of marijuana and a sedating antihistamine.
The incident and investigation prompted NTSB to issue Safety Recommendations revolving around medical certification of commercial drivers.
How are we doing today?
Nearly a decade later, how are these safety measures designed to protect the public from medically unsafe commercial drivers working out? Not too well, according to a recent investigative report by News21, which was published by MSNBC in the article Truckers fit to drive — if a chiropractor says so: “From 2002, when the recommendations were made, through 2008, the last year for which data is available, there were at least 826 fatal crashes involving medically unqualified or fatigued drivers, according to a News21 analysis of the FMCSA Crash Statistics database.”
The article paints a scary portrait of a driver medical certification program that is pretty broken. Truck drivers can pop into roadside clinics to pick up certifications issued after a cursory examination by almost any health professional. And that’s a good scenario – drivers can also download online certificates and fill them out themselves or ignore the requirement entirely. Forgeries are a common occurrence. Being caught without a certificate might result in a slap-on-the-wrist fine. While there have been calls for a national registry for medical certification of commercial drivers, the idea has made little progress. It will probably take the next big incident to ignite public outrage to motivate any change.
For a resource on current regulations, see the US Department of Transportation Motor Carrier Safety Administration’s Medical Programs, which includes medical regulations and notices, including drug and alcohol testing.
The News21 story on commercial drivers is the third part in a series of four articles that deal with transportation and public safety. Here are the others:

Part 1:
Driving While Tired: Safety officials are slow to react to operator fatigue:
“NTSB does not track fatigue-related highway accidents on a regular basis. But in 1993, the board commissioned a study expecting to learn about the effects of drugs and alcohol on trucking accidents. Investigators studied all heavy-trucking accidents that year and made an unexpected discovery: Fatigue turned out to be the bigger problem. NTSB Crash investigators said driver fatigue played a key role in a bus accident in Utah in 2008 that killed nine people returning from a ski trip.
The study found 3,311 heavy truck accidents killed 3,783 people that year, and between 30 percent and 40 percent of those accidents were fatigue-related.”
Part 2: Video in the cockpit: Privacy vs. safety
In 200, the NTSB added a recommendation for video recorders to be installed in commercial and charter planes to its “most wanted” list. Pilot unions and other groups have lobbied this safety measure. See this story’s sidebar article: Shhhh! Your pilot is napping
Part 4: Outsourcing safety: Airplane repairs move to unregulated foreign shops
“More maintenance has moved overseas. Airlines are not required to use regulated repair shops. Foreign repair stations can go five years between inspections, and even then are often tipped off that inspectors are coming. Manuals are in English, but not all the workers read English. Drug tests of workers are illegal in some countries.
A News21 analysis of Federal Aviation Administration data showed that about 15,000 accidents or safety incidents in all aviation travel can be attributed at least in part to inferior maintenance or repairs since 1973, when the FAA started keeping such records. In these accidents at least 2,500 people died and 4,200 were injured.”
Most wanted list: transportation safety improvements
The NTSB keeps a most wanted list of transportation safety improvements, in which it makes recommendations for critical safety improvements for various transportation sectors. Recommendations are designed to improve public safety and save lives, but many have been on the list for years. In some cases, individual states may have requirements, but these recommendations are national in scope. While issues on the “most wanted list” are pending, individual employers might use the list as best practice guidance for safety programs to limit exposure both for workers compensation and other liability issues that might arise from commercial transportation accidents.
You can find more reports on transportation and public safety at News21, “a national initiative led by 12 of America’s leading research universities with the support of two major foundations” with a purpose of furthering in-depth and investigative reporting. In 2010, one of the main areas of focus has been Breakdown: Traveling Dangerously in America.

Safety Disappears in a Hurry

Wednesday, April 5th, 2006

Dressed in surgical scrubs, Dr. Michael Tsan Ty was driving through downtown Boston on his way to Brigham & Women’s Hospital. He was in the midst of his usual 80-hour workweek as a neurology resident. Perhaps he was thinking about his post-doctoral work at MIT, where he studied the way brain cells recover after they are damaged by disease or injury. Or he might have been thinking about his small theatre group, which he somehow found time for during his hectic week. We will never know, because he happened to be in the wrong place at the wrong time: a scaffolding fell off of a building and crushed his Honda. In addition to killing Dr. Tsan, two construction workers died in the accident.
A series of articles in the Boston Globe describe how the scaffold came down during the dismantling process. It might have been human error. It might have been mechanical failure. Investigators are focusing on the apparent disconnection of a metal tie that had secured the 3-ton platform to the building. While there is much that is not known at this point, we do know this: Bostonian Masonry, a subcontractor to the general contractor Macomber Builders, was under tremendous time pressure to finish the job.
According to one employee of the masonry company, Workers had been laboring two shifts a day, seven days a week to try to get the building ready for the next school year. This push to complete the job has left many of the workers exhausted.
”The pressure is unbelievable,” said the worker.
Robert Beane, 41, the supervisor killed in the accident, worked so hard at his construction job that ”it seemed like it beat the snot out of him,” said Edward Page, who once was Beane’s roommate. Beane had plenty of construction experience and had completed a number of OSHA training programs. His co-worker, Romildo Silva, a young Brazilian with a family, dreamed of opening a hair salon. He, too, died in the accident.
Time Pressures
Where did the pressure come from? We need look no further than the public statement of the customer, Emerson College. Officials said that from the outset, the project, renovating an office building into dormitories, had been scheduled to open this fall.
”It’s going to open September 2006, and that was stated at the outset of construction,” said Emerson spokesman David Rosen. ”We expect it to be finished on time if work resumes within a week.” In other words, inspectors have a week to complete their work and draw their conclusions. A week to bury the dead and move on. Then it’s back to business as usual.
We are in no position to judge the pace of the work or the working conditions. Both Macomber and Bostonian Masonry have been cited for OSHA violations in the past, but that does not necessarily mean there were problems at this particular jobsite. At this point I would guess that human error caused the accident. But how can you factor in the deeply-rooted fatigue that appears to permeate the Emerson jobsite?
Fingers pointing everywhere, but no one is to blame. Let’s extract just one simple lesson from this incident: haste trumps safety, every time. No safety program can adequately adjust for an unreasonable pace of work. Whether you’re driving a car or working on a scaffold, when you’re in hurry, you and the lives around you are always at risk.