health, safety, and accessibility considerations for the museum

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Health, Safety, and Accessibility Considerations for the Museum Christine Powers, MS Western Illinois University

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Resources I am not the all-knowing expert! Willing to share what I do know, experiences. Learn from each other. Me:Paralegal, RPTA/Museum Studies grad Consulting Company – Powers Cairn LLC Who do you turn to normally? Government-designated legal counsel Non-profit: Board Representative/Volunteer AAM or Regional Association

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Page 1: Health, Safety, and Accessibility Considerations for the Museum

Health, Safety, and Accessibility Considerations for the Museum

Christine Powers, MSWestern Illinois University

Page 2: Health, Safety, and Accessibility Considerations for the Museum

Resources

I am not the all-knowing expert! Willing to share what I do know, experiences. Learn from each other.

Me:Paralegal, RPTA/Museum Studies grad Consulting Company – Powers Cairn LLC Who do you turn to normally? Government-designated legal counsel Non-profit: Board

Representative/Volunteer AAM or Regional Association

Page 3: Health, Safety, and Accessibility Considerations for the Museum

When dealing with museum safety it is necessary to examine the relationship between a museum and its territory, taking into account the total environment in which the museum is situated.

For example, what can you say about your museum?

www.vigilfuoco.it/allegati/convegni/5/Iannelli_149_154.pdf

Page 4: Health, Safety, and Accessibility Considerations for the Museum

American Association of Museums: Characteristics of Excellence for U.S. Museums Facilities & Risk Management In Plain English 7.1 The museum allocates its space and

uses its facilities to meet the needs of the collections, audience, and staff.

7.2 The museum has appropriate measures to ensure the safety and security of people, its collections and/or objects, and the facilities it owns or uses.

7.3 The museum has an effective program for the care and long-term maintenance of its facilities.

7.4 The museum is clean and well-maintained, and provides for the visitors’ needs.

7.5 The museum takes appropriate measures to protect itself against potential risk and loss.

Don’t crowd people or things Make it safe to visit your museum or work there Keep it clean And if all else fails, know where the

exit is (and make sure it is clearly marked)

Simply put:• Clean

• Well maintained• Safe

• Accessible

Page 5: Health, Safety, and Accessibility Considerations for the Museum

Other Related Standards 1.4 The museum strives to be

inclusive and offers opportunities for diverse participation.

1.8 The museum complies with local, state, and federal laws, codes, and regulations applicable to its facilities, operations, and administration.

3.3 The governing authority, staff, and volunteers legally, ethically, & effectively carry out their responsibilities.

6.1 The museum legally, ethically, and responsibly acquires, manages, and allocates its financial resources in a way that advances its mission.

Page 6: Health, Safety, and Accessibility Considerations for the Museum

How have you seen a museum make a financial decision regarding safety?

Page 7: Health, Safety, and Accessibility Considerations for the Museum

Security The Indianapolis Museum of Art fired 56 of its gallery attendants

and replaced them with 100 IUPUI students on a federal work-

study program. In addition, IMA employed 14 reserve police

officers to patrol its campus.

The wholesale change in security staffing saved an est

$600,000 a year. The 33 full-time and 23 part-time gallery

attendants who lost their jobs earned an average of $11.50 per

hour. The IUPUI students will earn $10 per hour, but under the

federal work-study program, the IMA will cover just 25 percent of

their pay. Spokeswoman Katie Zarich said the new program is designed to

address three key concerns: car break-ins on the parking lot,

security for the recently expanded campus, and escalating

expenses. The museum has reported more than 40 break-ins on its parking

lot each year.

http://www.museum-security.org/?p=4656

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Page 8: Health, Safety, and Accessibility Considerations for the Museum

American Disabilities ActTitle III

Who is Covered by Title III of the ADA

The title III regulation covers -- Public accommodations (i.e., private

entities that own, operate, lease, or lease to places of public

accommodation).

Commercial facilities, nonresidential facilities, including office

buildings, factories, and warehouses, whose operations

affect commerce.

Places of public accommodation include over five million private

establishments, such as restaurants, hotels, theaters, convention centers,

retail stores, shopping centers, dry cleaners, laundromats, pharmacies,

doctors' offices, hospitals, museums, libraries, parks, zoos, amusement

parks, private schools, day care centers, health spas, and bowling alleys.

http://www.ada.gov/t3hilght.htm

Page 9: Health, Safety, and Accessibility Considerations for the Museum

Who is considered a “disabled” person?

Page 10: Health, Safety, and Accessibility Considerations for the Museum

American Disabilities ActTitle III An individual with a disability is a person who -- Has a record of or regarded

as having physical or mental impairment that substantially limits one or more major life activities.

"Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Examples of physical or mental impairments include, but are not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

Page 11: Health, Safety, and Accessibility Considerations for the Museum

Can anyone tell me who else is NOT covered?

Page 12: Health, Safety, and Accessibility Considerations for the Museum

Not Covered

People with the following conditions are not protected by the ADA: kleptomania, homosexuality or bisexuality, compulsive gambling, sexual behavior disorders, and disorders caused by the current illegal use of drugs

Religious Organizations Exemption (ie Baptist Sunday School Board)

http://www.lawguru.com/cgi/bbs/user/faq.cgi?id=67

Page 13: Health, Safety, and Accessibility Considerations for the Museum

American Disabilities ActTitle III Public accommodations

must -- Provide goods and services in an integrated setting, unless separate or different

measures are necessary to ensure equal opportunity. Eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of a place of public accommodation.

Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration would result in the nature of the goods and services provided.

Furnish auxiliary aids when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result. Remove architectural and structural communication barriers, provide alternative measures. Maintain accessible features of facilities and equipment.

A public accommodation is not required to provide personal devices such as wheelchairs; individually prescribed devices (e.g., prescription eyeglasses or hearing aids); or services of a personal nature including assistance in eating, toileting, or dressing.

Design and construct new facilities and, when undertaking alterations, alter existing facilities in accordance with the Americans with Disabilities Act Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board.

Page 14: Health, Safety, and Accessibility Considerations for the Museum

Sections 503 and 504 of the Rehabiliation Act of 1974 Section 503 of the

Rehabilitation Act of 1973, as amended, which is administered and enforced by the Employment Standards Administration’s Office of Federal Contract Compliance Programs (OFCCP), includes most employers doing business with the Federal Government to take affirmative action to employ and advance in employment qualified individuals with a disability.

Section 504 and regulations implementing the Act also prohibit discrimination in employment against qualified individuals with a disability. Like the ADA, a qualified individual with a disability is a person who: (1) has a physical or mental impairment which “substantially limits” one or more major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment.

http://www.elinfonet.com/workipedia/

Page 15: Health, Safety, and Accessibility Considerations for the Museum

ADA & Hiring Under the equal employment provisions of the ADA (Title I), it is

unlawful for an employer to discriminate against a qualified individual with a disability. Like most discrimination statutes, the prohibition applies to conduct involving applicants and employees in the terms, privileges and conditions of employment. It is also unlawful to discriminate against an non-disabled individual because of that person’s association with a disabled individual. See 29 C.F.R. § 1630.8.

Employer cannot ask applicant if they are disabled during an interview, or if disability is self-evident (e.g., your in a wheelchair), an employer cannot ask about condition.

Employer can ask about ability to do the job.  For example, “can you stand for long periods of time? ” An employer can also ask you to describe how you would perform the duties.  If need an accommodation to do the job in question, describe that. 

Company may make pyhsical exam/drug test a condition of the job offer (so long as the same condition applies to everyone who is offered the job). 

Laws for Museums http://www.elinfonet.com/workipedia/

Page 16: Health, Safety, and Accessibility Considerations for the Museum

ADA and ABARevisions to ADA regulations took effect on March 15, 2011.published in the 2011 edition of the Code of Federal Regulations (CFR) Much has changed since 1992, needed updating. More people with disabilities, and a greater variety of disabilities, and wider range of severity

of disabilities, use your services. They bring a wider variety of service and emotional support animals. They use more technological devices, website s to communicate services They use mobility devices that didn’t exist or were in limited use in prior decades. You have different or increased security and emergency evacuation concerns You offer more types of programs and/or services and in different ways. You’ve probably built or altered some of your buildings or facilities, or you use them in

different ways now.Architectural Barriers Act (ABA). The ABA applies to facilities designed, built, altered, or leased

with Federal funds. http://access-board.gov/aba/index.htm The U.S. Department of Justice provides free ADA materials at 1-800-514-0301.

Publications are available in standard print as well as large print, audiotape, Braille, and computer disk for people with disabilities.

http://ada-one.com/

Page 17: Health, Safety, and Accessibility Considerations for the Museum

Why should you ensure that your museum is accessible to people with disabilities?

There are three good reasons:

Help-Your-Self ®: Why Accessible?

Page 18: Health, Safety, and Accessibility Considerations for the Museum

The law requires it.Making a workplace accessible to

individuals with disabilities increases your business opportunities.

Welcoming a diversified audience that includes people with disabilities enhances your educational opportunities.

Page 19: Health, Safety, and Accessibility Considerations for the Museum

Exhibits and Accessibility The National Endowment for the Arts (NEA) published their 504

compliance regulations in 1979. These regulations, known as "Regulations for Nondiscrimination on the Basis of Handicap, 45 C.F.R Part 1151," define and prohibit acts of discrimination against people with disabilities in programs that receive financial assistance directly from NEA.

Many individuals with disabilities are not able to visit exhibits because of varying life circumstances such as: poor health, transportation problems, physical, mental, hearing or visual limitations, fatigue, or low income. Often times people are afraid to confront their own inability to understand an exhibit and, instead of asking for assistance, they shy away from the experience all together. Curators and museum educators go to great lengths to ensure that their exhibits and programs are designed so that the public appreciates what is on display. Factors such as exhibit flow, lighting, sound, and availability of trained docents all play an important role in the educational outcome of an exhibit.

It is also important to consider the comfort and accessibility of an exhibit in order to reach the widest audience as possible.

http://www.help-your-self.org/museums.php

Page 20: Health, Safety, and Accessibility Considerations for the Museum

Exhibits and Accessibility

After hours exhibition tours should be available.

Docents and staff should receive sensitivity training.

Doorways should be sufficiently wide for the passage of large wheelchairs.

Either provide parking spaces or staff assistance with parking a vehicle after an individual is dropped off at the entrance.

Elevators (avoid steps). Indicators to warn people who

are hearing impaired about an audio component.

Mobility: Ease of maneuverability and ability to approach objects up close.

Photographic representations should be made available to visitors with disabilities when part of your exhibit is not accessible.

Printed material should be available in alternate formats including: Large print, Braille and electronic media.

Provide docents to accompany individuals with disabilities through the exhibit.

Provide narrated transcriptions of printed information.

http://www.help-your-self.org/index.php

Features that could make an exhibit more pleasurable for people with disabilities :

Page 21: Health, Safety, and Accessibility Considerations for the Museum

Pop QuizName some of the features I just went over to make a museum more pleasurable for someone with disabilities…..

Page 22: Health, Safety, and Accessibility Considerations for the Museum

And….

Section 508 Regulations (29 U.S.C. ‘ 794d) This act requires Federal agencies to make their electronic and information technology accessible to people with disabilities. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology.

http://www.stpete.org/surprising/privacy-policy.phpSite example, article handout

Page 23: Health, Safety, and Accessibility Considerations for the Museum

Universal Design

Trail of Tears Project – “effective communication” (504)Technological maps-movement of people to Oklahomao 3D map with raised lines, tactile patterns of overlap where

tribes came fromo Audio-graphics communicating reasons why event took

placeo Reproduction of muskat used by soldiers put in metal lops

so visitor can pick up and feel weight, but not removeo Sightlines from seated position

Yosemite Model of half-dome 3 & half feet high, can touch, see all

sides, real thing in background

Ray Bloomer, Director of Education and Technical Assistance, National Center on Accessibility, NPS Accessibility Specialist. Conversation 11/7/2011

Page 24: Health, Safety, and Accessibility Considerations for the Museum

Center for Universal DesignAn initiative of the College of Design at North Carolina State University Seven Principles1. Equitable Use - design is useful and marketable to people with diverse

abilities.2. Flexibility in Use- design accommodates a wide range of

individualpreferences and abilities.3. Simple and Intuitive Use-use of design is easy to understand, regardless

of the user’s experience, knowledge, language skills, or education level.4. Perceptible Information-design communicates necessary information

effectively to the user, regardless of ambient conditions or the user’s sensory abilities.

5. Tolerance for Error-design minimizes hazards and the adverse consequences of accidental or unintended actions.

6. Low Physical Effort-design can be used efficiently and comfortably and with a minimum of fatigue.

7. Size and Space for Approach and Use - Appropriate size and space is provided for approach, reach, manipulation, and use regardless of user’s body size, posture, or mobility.

Page 25: Health, Safety, and Accessibility Considerations for the Museum

Who’s daydreaming?

Name me a principle…….

Page 26: Health, Safety, and Accessibility Considerations for the Museum

Helpful Accessible Organizations

Archives & Museum Informatics This organization offers information on the use of technology in culture and heritage, virtual libraries and archives, multimedia and interactive publishing, intellectual property management, the management of electronic records, and standards for the production of electronic information.

Australian Museum Audience Research Centre This website offers a vast amount of information on museum audiences with disabilities.

National Center on Accessibility (NCA) This center is a collaborative program of Indiana University and the National Park Service. They offer information on access for people with disabilities to parks, recreation and tourism.

Very Special Arts (VSA) This is an international organization founded to create a society where all people with disabilities learn through, participate in and enjoy the arts.

Museum legal accessibility obligationsThis is a list compiled by the Association of Science Technology Centers.

Page 27: Health, Safety, and Accessibility Considerations for the Museum

Helpful Literature Accessible Exhibition Design Published by the Smithsonian Institution, Washington, D.C.

This is a guide for exhibit designers, curators, registrars, conservators, collections managers, educators, and other exhibition team members.

Accessibility Planning and Resource Guide for Cultural Administrators Published by the National Endowment for the Arts . Electronic format. It is a guide for cultural administrators on how to achieve accessible and inclusive programming for everyone including individuals with disabilities and older adults. It is designed to make access an integral part of organizations.

Art Beyond Sight A Resource Guide to Art, Creativity, and Visual Impairment. Published by the American Foundation for the Blind. Summarizes a decade of research and practical experience. Offers insight into the psychological background of tactile perception and guidance on utilizing verbal description. Art Beyond Sight (VHS)

Design for Accessibility A Cultural Administrator's Handbook. Published by the National Association of State Arts Agencies . This is a how-to reference about integrating older adults and people with disabilities into all aspects of an arts organization; the book steps you through the processes of planning, designing, marketing and technical assistance. This book is also available in electronic PDF format.

Everyone's Welcome The Americans with Disabilities Act and Museums. Published by the American Association of Museums. This is a manual for museum professionals and designers to help them better understand the requirements of the Americans with Disabilities Act (ADA). It is available in the following alternate formats:

Page 28: Health, Safety, and Accessibility Considerations for the Museum

Example ADA Application

http://www.getty.edu/visit/access.html

Redefine the limits of what can happen in an art museum.

A Touching Experience: Exploring Art with Blind and Low Sighted Visitors

Page 29: Health, Safety, and Accessibility Considerations for the Museum

Safety Review

Regular inspection of all museum areas, carried out by a safety representative, who talks to other staff & encourages them to notice potential hazards.

Record book of inspections, actions taken. Five areas to look at:

Self-practice, ways in way people do things Authorized people doing the right things Equipment & clothing (PPE –gloves, masks,

goggles/glasses) Notices & warnings, in place? Staff awareness – safety conscious? training needed?

Malaro, Maria C. (1998) A Legal Primer on Managing Museum Collections. Smithsonian Books, Washington. pp 294-298

Page 30: Health, Safety, and Accessibility Considerations for the Museum

Safety Team & Trainings

Safety Committee-mgmt, workers, volunteers, vendors Representative allowed time from their job to fulfill

safety rep. duties. (small museums) First aid/CPR/AED. Procedures & proper handling. Supplies (maintenance of, distribution (what by

whom) Emergency response, how to call, what to say HIPPA and confidentiality Accident/Incident report Insurance Evacuation Plans/Signage, Drills, Meet-up designation-

attendance

Malaro, Maria C. (1998) A Legal Primer on Managing Museum Collections. Smithsonian Books, Washington.

Page 31: Health, Safety, and Accessibility Considerations for the Museum

OSHA

The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA) within the Department of Labor and encouraged employers and employees to reduce workplace hazards and to implement safety and health programs.

OSHA is concerned with the risk factors that may lead to musculoskeletal injuries and has developed several, voluntary industry-specific guidelines, that address specific ergonomics-related risk factors .

http://www.elinfonet.com/workipedia/

Page 32: Health, Safety, and Accessibility Considerations for the Museum

If someone had a musculoskeletal injury, what might they suffer from?

http://www.worksafebc.com/publications/health_and_safety/by_topic/assets/pdf/msi_workers.pdf

Page 33: Health, Safety, and Accessibility Considerations for the Museum

OSHA

Secretary of Labor has the exclusive right to bring an action for a violation of the Act. OSHA is authorized under the Act to conduct workplace inspections. Absent special circumstances, inspections are conducted without advance notice.

After a compliance officer reports findings, the area director determines what citations, if any will be issued, and what penalties, if any, will be proposed. Violations include “Other Than Serious Violation,” “Serious Violation,” “Willful Violation,” “Repeat Violation,” and “Failure to Correct Prior Violation.” Monetary penalties can be imposed for each separation violation.

To file a complaint by phone, report an emergency, or get OSHA advice, assistance, or products, contact your nearest OSHA office under the “U.S. Department of Labor” listing in your phone book, or call us toll-free at (800) 321-OSHA (6742). The teletypewriter (TTY) number is (877) 889-5627.

Page 34: Health, Safety, and Accessibility Considerations for the Museum

What is an example of a bloodborne pathogen?

Page 35: Health, Safety, and Accessibility Considerations for the Museum

Bloodborne Pathogens

Bloodborne pathogens are infectious materials in blood that can cause disease in humans, including hepatitis B and C and human immunodeficiency virus, or HIV. Workers exposed to these pathogens risk serious illness or death

OSHA’s Bloodborne Pathogens standard is published in Title 29 of the Code of Federal Regulations 1910.1030.

The standard requires employers to do the following:

Establish an exposure control plan. Written plan to eliminate or minimize employee exposures. Update the plan annually. Solicit input from frontline workers in identifying & evaluating. Document efforts.

Make available Hepatitis B vaccinations to all employees with occupational exposure to bloodborne pathogens within 10 days of assignment.

http://www.idph.state.ia.us/hcci/common/pdf/bloodborne_factsheet.pdf

Page 36: Health, Safety, and Accessibility Considerations for the Museum

Bloodborne Pathogen Requirements

Engineering controls, sharps disposal containers, HAZMAT containers & disposal plan.

Appropriate procedures for hand washing, specimen packaging, laundry handling, and contaminated material cleaning.

Provide PPE : personal protective equipment such as gloves, gowns, and masks.

Provide post-exposure follow-up to any worker who experiences an exposure incident, at no cost to the worker.

Use labels and signs to communicate hazards.

Employers must ensure that their workers receive regular training that covers the dangers of bloodborne pathogens, preventive practices, and post-exposure procedures.

Maintain employee medical and training records.

http://www.idph.state.ia.us/hcci/common/pdf/bloodborne_factsheet.pdf

National Hand Washing Awareness Week is December 4 through 10.

Page 37: Health, Safety, and Accessibility Considerations for the Museum

What is harassment?

Page 38: Health, Safety, and Accessibility Considerations for the Museum

HARASSMENT/DISCRIMINATION All employees have an expectation of a work area which is free from

offensive behavior. Offensive behavior can be described as harassment of another, or behaviors in the workplace which offends co-workers. Such acts may be by employees (one to another), supervisors (to subordinates), business invitees (vendors or repair workers performing in the work place) or the public (when using City services and dealing with employees).

State and Federal law make it an offense to create a hostile environment based upon race, color, religion, sex, national origin, age, or disability. A hostile environment may exist when actions of others requires an employee to endure a work environment that substantially affects a term or condition of employment.

A hostile environment may occur when a co-worker, witnessing the behavior, is offended even if the persons directly involved say nothing and do not intend to offend the co-worker. Thus, lewd jokes can create a hostile environment when overheard by an offended co-worker, even if not told to that person. So, too "pin-ups" or explicit photographs can constitute an offensive or hostile environment, even if nothing more is said or done.

http://archive.bettendorf.org/Employee-Handbook-2010.pdf

Page 39: Health, Safety, and Accessibility Considerations for the Museum

Sexual HarassmentUnwelcome verbal or physical conduct Hostile work environment harassment occurs when

unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment – a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

When supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

http://www.elinfonet.com/workipedia/

Page 40: Health, Safety, and Accessibility Considerations for the Museum

Reporting/Investigating Procedures Employees who are subject to unwelcome sexual

advances, unwelcome verbal or physical contact, or feels the workplace has become offensive (hostile) are directed to contact their department head or the City Attorney.

To the extent possible, any complaints will be kept confidential and will be promptly, impartially and thoroughly investigated. If a violation of this policy has occurred, the City shall take immediate and appropriate corrective action.

It is likewise prohibited to take any action of retaliation against a person who files a complaint of discrimination or harassment.

http://archive.bettendorf.org/Employee-Handbook-2010.pdf

Page 41: Health, Safety, and Accessibility Considerations for the Museum

Employee Handbooks

SAFETY It is the expectation of the City that every employee is entitled to work

under safe conditions. Reasonable efforts will be made to promote accident prevention. The City will endeavor to maintain a safe and healthful work place by providing safe working equipment, necessary personal protection, and in the case of an injury, the best first-aid and medical services available. If all employees do their part and have a healthy attitude towards accident prevention, loss control and improved safety on the job, a safe work environment can be achieved. In the event a noted hazard or safety problem is found that should be brought to the attention of the Safety Committee, please contact the Human Resources Office immediately.

Right-To-Know Refers to the Occupational Safety and Health Administration (OSHA)

Hazard Communication Federal Standard. This standard says that both the employee and the employer have a right-to-know about the hazards associated with materials in the work place. Material Safety Data Sheets are available at each facility for those materials handled within that facility.

http://archive.bettendorf.org/Employee-Handbook-2010.pdf

Be sure to get signed receipt acknowleging receiving handbook, reading/understanding, and agreeing to contents.

Page 42: Health, Safety, and Accessibility Considerations for the Museum

Workman’s Compensation

Worker's Compensation is a statutory method of paying employees the equivalent of their wage while off work due to injury occurring on the job. When an employee is injured on the job, the employee shall receive Worker's Compensation pay. No employee shall receive a combination of Worker's Compensation and sick leave or vacation pay.

Protection of workers is assured under Iowa State Law which requires employers to provide worker's compensation coverage for all workers, including part-time, temporary, and seasonal workers. Also, under Iowa Law, the employer has the right to designate a physician that employees will use to seek medical treatment in the event of a work-related injury.

The City's occupational medicine provider is: Work Fitness Center 2535 Maplecrest Road Bettendorf, Iowa 52722 (563) 421-3680

Any employee who is injured while performing their job and needs medical assistance is required to seek treatment at the Work Fitness Center. If any injury occurs after hours, which is considered to be 8:00 a.m. - 4:00 p.m., Monday through Friday, the employee should go to: Trinity North Occupational Health Services , Emergency Department Entrance, Corner of Kimberly and Marquette, 1111 West Kimberly Road, Davenport, Iowa 52806 (563) 445-4020

http://archive.bettendorf.org/Employee-Handbook-2010.pdf

911

Page 43: Health, Safety, and Accessibility Considerations for the Museum

Vehicles

Vehicle-It is the policy of the City that employees not use personal vehicles for transportation during the work day. This policy is for all volunteer staff and full-time, part-time, temporary, or seasonal employees.

Motor vehicle accident (which is defined as contact between a City-owned and operated vehicle and another vehicle, person, or property).

Seek emergency help if needed Notify police, then supervisor Do not move vehicle until police authorize/dangerous, report details. Return to office and complete vehicle accident form. Will go in

personnel file. HR will file with insurance carrier. Employee may be subject to disciplinary action, be required to get a

physical, get a drug test, attending defensive driving class, or re-testing driving skills at local office.

http://archive.bettendorf.org/Employee-Handbook-2010.pdf

Page 44: Health, Safety, and Accessibility Considerations for the Museum

Family Medical Leave ActThe Family Medical Leave Act mandates

unpaid leave to certain employees for up to a twelve (12) week period to attend to family needs .

Employee Eligibility (COB, employed for at least twelve (12) months ; work at least 1,250 hours during the preceding twelve (12) months).

Use of Leave - 1) To care for a newborn child.2) For placement of a child with the

employee for adoption or foster care.

3) To care for a spouse, minor child or parent with a serious health condition.

4) To allow the employee to recover from a serious health condition rendering the employee unable to perform the job's essential functions.

A. When foreseeable, the employee must give thirty (30) days notice of a request to use this leave. If not foreseeable, the employee must give notice as soon as is practicable. Such notice shall be directed to the Department Head in whose department the employee works.

B. The notice to use this leave shall be accompanied by a medical certificate from a health care provider that the employee, spouse, child or parent has a serious health condition. At the City's cost, a second opinion may be sought. In the event the two opinions disagree, a third opinion may be sought.

C. Such leave may be used only once in a twelve month period.

http://archive.bettendorf.org/Employee-Handbook-2010.pdf

Page 45: Health, Safety, and Accessibility Considerations for the Museum

Family Medical Leave Act cont.

The employee shall continue on the City's health plan on the same terms and conditions as existed prior to the leave. However, all other benefits shall cease while on such leave.

Upon return to work, the City shall return the employee to the employee's former position or to an equivalent position.

Upon the expiration of the leave, the employee shall return to the job. Failure to return shall ____.

Page 46: Health, Safety, and Accessibility Considerations for the Museum

Post Catastrophe Considerations

Storms, hurricanes, floods and similar events pose special workplace hazards, especially when employers begin to clean up and restore business. Many fatalities, injuries, and OSHA citations occur as employees perform non-routine tasks after the storm eases.

http://www.laborlawyers.com/shownews.aspx?Dont-Let-Employees-Get-Hurt-As-You-Dig-Out&Ref=list&Type=1122&Show=12618

Page 47: Health, Safety, and Accessibility Considerations for the Museum

Post Catastrophe Considerations

Personal Protection Equipment (PPE) Even in emergency situations, evaluate the PPE needed and train employees accordingly. Must be provided at no cost to employees. Do not overlook footwear; a special focus of OSHA.

Falls-- Be aware of applicable fall protection requirements, remove accumulated snow ( roof collapse), ladder safety, use of manlifts, scissor lifts and buckets.

Electrocutions--we all appreciate contractors who labor around the clock to repair fallen lines, but they must adhere to OSHA requirements. Now is not the time to send out inadequately trained employees or cut corners. Generator use presents special issues.

Page 48: Health, Safety, and Accessibility Considerations for the Museum

Emergency Closings

Criteria for closing Who makes the decision Who to call and contact

info. What to do in case of _____ Notifications to

media/public Building signage Securing building &

contents

Page 49: Health, Safety, and Accessibility Considerations for the Museum

OSHA, (September 22, 2011) Employers as Guardians Against Violence http://www.ogletreedeakins.com/publications/2011-09-22/osha-update-employers-guardians-against-violence

Employers as Guardians Against Violence

Guidance for responding to, and inspecting, allegations and incidents of workplace violence. 

Was physical assaults and threats of assaults, now widened to include any “complaint, referral, or fatality and/or catastrophe involving an incident of workplace violence.”

Workplace violence prevention program which would include reviewing any written safety programs, injury and illness records, medical and/or police records, and training records.

Abatement measures include engineering alarm systems, panic buttons, metal detectors, and administrative controls (such as implementing workplace violence training).

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http://www.11alive.com/story/news/local/2014/08/15/gun-owner-high-museum-detained/14096557/

ATLANTA -- A museum-goer says he found out the hard way -- do not bring a gun into the High Museum.

It's simple, if you don't want 'em [in your museum], post it."

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What are some catastrophes – disasters to consider?

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Fires Floods Earthquakes Explosions Civil Unrest Vandalism War

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Disaster Preparedness

Have a “Disaster Reaction Team” Equipment readily at hand (protective

clothing, cleaning and packing , storage containers, extinguishers, mobile phones)

Arrangements for off-site storage Ventilation , water damage plans Flashlights

Malaro, Maria C. (1998) A Legal Primer on Managing Museum Collections. Smithsonian Books, Washington.

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Post Catastrophe Considerations

Hazard Communication--employers must ensure that employees are adequately trained before exposing them to new chemical hazards, and should ensure that they provide training and necessary PPE for using de-icers and other chemicals.

Equipment Operation--employees must be evaluated and trained to operate most powered equipment, and this duty generally includes when previously trained employees are assigned to new or different equipment. This process can be done simply and efficiently in emergency situations, but may not be neglected. Be especially careful in assigning employees to use chain saws, chippers and comparable equipment.What does PPE stand for?

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Post Catastrophe Considerations Exhaustion and Other Health-Related Issues--tired

employees make bad judgments and are the first to be injured. Monitor employees for exhaustion, stress, exposure and other physical problems.

Frostbite occurs when skin tissue actually freezes, normally occurs when temp is below 30° F, but wind chill effect can result in frostbite occurring above freezing. Hypothermia occurs when body temperature falls to a level where normal muscular and cerebral functions are impaired. Trench foot is caused by long, continuous exposure to a wet, cold environment or actual immersion in water.

Ensure use of appropriate clothing and gear, water, hot beverages and food, and frequent breaks.

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Other Considerations

1. Government shutdowns -federal government went dark was for 21 days in January 1996. As a result, the government closed 368 National Park Service sites, along with national museums and monuments. Have a “shutdown plan”.

2. Terrorism – Post Loss1. Employee Disaster Kits2. Emergency Action and Egress Practice

Drills

Terrorism Pre-Loss *Improved perimeter security*New terrorism specific construction

standards*Improved visitor screening*Enhanced IT firewalls & network

security*Radiation exposure avoidance*Critical infrastructure risks and

vulnerabilities assessment*Established incident command system

1. Riley, C. Government shutdown:What’s at stake. CNNMoney.com February 21,2011 2.MacDonald, James (October 12, 2006), Preparing for catastrophes in the workplace: Addressing the terrorism threat. Navigant Consulting, NASI Research Policy Symposium. National Press Club, Washington D.C.

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Here and Now

What happens if I fall to the floor and a heart attack is suspected?

American Heart Association Family and Friends: CPR Anytime

Compressions are the thing!

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Questions, Comments, Concerns?

Thank You!

http://www.powerscairn.com/319-533-2550