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5.d) Staff Report-SafeAssure Contract �` '��� _,,,, ��% ��� SCANDIA StaffRenort Date of Meeting: October 16,2012 To: City Council From: Kristina Handt,City Administrator Re: SafeAssure Contract Agenda Item#: S.d) Background: In 2009, Scandia joined with a group of other Washington County communities (Stillwater, Lake Elmo, Marine on St. Croix, Scandia and Oak Park Heights)to work with SafeAssure on safety policies, programs and training. After reviewing a number of options,this was found to be the most economical and efficient approach to bringing the city into compliance with safety requirements. Since we entered into the contract, SafeAssure has provided drafts of all OSHA-required written policies and programs, conducted mock OSHA inspections of city facilities and provided all required training programs. They have assisted us with formation of our safety committee and we have implemented their online MSDS program. We've made a great deal of progress toward OSHA compliance, and seen some benefits from working with the group of communities. Issue: Should the SafeAssure Consultants Contract be renewed for the next term(Oct.l, 2012 to September 30, 2013)? Proposal Details: While the City Attorney made a number of stylistic changes and added wording regarding indemnification of the City by SafeAssure, the contract is essentially the same as previous years. SafeAssure will continue to provide written policies, plans,training, features and services to assist the City in attaining OSHA compliance. Fiscal Impact: The cost of the annual contract remains the same at$2,900. Options: 1) Approve 2013 Contract with SafeAssure Consultants 2) Amend and then Approve 2013 Contract with SafeAssure Consultants 3) Take no action Recommendation: Option 1. Contract/ Agreement ITHIS AGREEMENT�`AQreemenY'1 is made this�$�k'"-lday of Sep�e�HeF ,2012 between the City of Scandia,Minnesota,herein referred to as the City of Scandia and SafeAssure Consultants,Inc.200 S.W.Fourth Street,Willmar, I Minnesota ,herein referred to as SafeAssure. 1. SafeAssure will provide for the period of one year from the date of this eAgreement the "Term" ,all written policies,plans,training,features and services as listed in Exhibit A to this sA_greement�collectively the"Pro ag�ms"l,which include but are not limited to OSHA compliance recommendations and consultations,providing scheduled classroom-training sessions,writing and maintaining mandatory OSHA programs,and providing access to I DAMARCO Companies on-line MSDS management service. These Pro�rams�e�ie� , will be prepared to meet the specific needs of The City of Scandia,and will meet or exceed the applicable State and/or Federal OSHA requirements � as listed in Exhibit B to this aA_greement. 2. These�Program do not include the cost of hardware such as]abels,signs,eta("Hardware")e�and it will be the responsibility of The City of Scandia to obtain the Hardware as required to comply with OSHA standards. I 3. Classroom training will be eeee�conducted by SafeAssure and will be scheduled at a time convenient to most employees/management and so selee4ec�-as to disrupt the workday as little as possible. ( 4. All documents and classroom training produced by SafeAssure C��s�as part of the Pro�for The City of Scandia are for the sole and express use by The City of Scandia and its employees and not to be shared,copied,or used by any division,department,subsidiary, I or parent organization or any entity whatsoever,without prior written approval of SafeAssure which approval will not be unreasonablv withheld or delayed�:���'��. 5. SafeAssure C-e~���'.,�swill make modifications and/or additions to the�e�ieies; ��r�egfs�rs-Proograms when necessary to comply with changing OSHA standards/statutes/rules. These changes or additions,when made during e-eet��$eE�+ea�the Term,will be made at no additional cost to The City of Scandia. 6. All written�eg+��sfser•v�eesProarams that are produced by SafeAssure , .are guaranteed to meet all of the requirements set forth by MNOSHA/OSHA. SafeAsswe �'���,.,'��'� T�� will reimburse the City of Scandia ske�l�for any fine assessed a�ainst the City of Scandia bv MNOSHA/OSHA��-��for a deficient or inadequate written program that was produced by SafeAssur�^�~�••''�--`� T-� SafeAssure''���••'`�-`�,'"" does not take responsibility for financial loss due to MNOSHA/OSHA fines that are I unrelated to�er�the ProQrams�listed in E�chibit A or the services nrovided bv SafeAssure hereunder. I 7. SafeAssure agrees to abide by all applicable federal and state laws,rules and reeulations including,but not limited to,MNOSHA/OSHA regulations and local/state/national building 1 codes.Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. I 8. SafeAssure agrees to provide(t�eA-rec�esf}the City of Scandia with a current Certificate of Insurance with proper coverage lines and a minimum of$2,000,000.00 in insurance limits of � general liabilityper occurence and statutory requirements for workers'compensation insurance.SafeAssure is insured by"The Harford"insurance companies. 9. SafeAssure further agrees that the City of Scandia will not be held liable for any claims, injuries,or damages of whatever nature due to negligence or alleged negligence of SafeAssure to third parties and SafeAssure a�ees to indemnifv and hold the Citv of Scandia harmless from and aQainst any such clams iniuries or damages includine the costs and reasonable attorneYs fees incurred bv the Citv of Scandia in defendinQ such claims,iniuries or damaQes. I 10.SafeAssure expressly forever releases and discharges the City of Scandia,its agents,elected and appointed officials attornevs, consultants and emplovee � from any such claims,injuries,or damages.SafeAssure will also agree to defend,indemnify and hold harmless the City of Scandia,its agents,members and heirs from any and all claims,injuries, I or damages of whatever nature pursuant to the provisions of this eAgreement. 11.SafeAssure and�its employees is an independent contractor of the City of Scandia,and nothing in this aAgeement shall be considered to create the relationship of an employer/employee or ioint venture. I 12.In consideration of this signed sg�eer�er�fee»tfae4Aereement,for�e�efie�-e€-�ive�ve ���'����-��'���:�--•:��-m^„'�the Term the City of Scandia a egr es to pay., CITY OF STILLWATER AREA GROUP CONTRACT PRICING SCANDIA ANNUAL CONTRACT COST IF PAID ON SIGNING $2,900.00 IIN T�cTT� *��-WITNESS WHEREOF,sv�the narties hereto agree teto the terms and conditions of this A�reement effective the day and year first above written and,if representing an organization or similar entity,further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. � CITY OF SCANDIA SAFEASSURE CONSULTANTS,INC. I BY �� Formatted:Font:Not Bold ' Formatted:Font:12 pt � , Ci{y o`,�-an�ia- - - - , - Formatted:Font:12 pt,Underline ,�tandallSimonson.Mavor ---------------- ---- - ---- --- ------ -- -------- ' , Formatted:Underline Its• " �� •- -- ------ --------- -- ------- - - �� . Formatbed:Font:lOp[,NotBold � BV: Formatted:Font:Not Bold �_ An�e Hurlburt Clerk/Administrator______�_� � ='� ------------------------ -- - - --- -c-e��...���,._............. ._,. - -- Formatted:Font:10 pi,Not Bold Formatted:Font:Not Bold ------IfS----------------------- `-- Formatted:Font:l2pt -------- •------------ --------- -- ---- ----- -- ------- ---- ------ ------- Formatbed:Font:l2pt,Underline City of Scandia Contact: SafeAssure Contact: Tim Keiffer,Maintenance Superintendent Chadwick W.Peterson,President �^^���Font:Times New Roman,io�t Formatted Table 2 14722 209�'St N. PO Box 756,200 SW 4"'Street Scandia,MN 55073 Willmar,MN 56201 651 433-5223 320-231-3803 t.kieffer@ci.scandia.mn.us chad@safeassure.com 3 Exhibit A SAFETY PROGRAM For the City of Scandia A.W.A.LR. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) � various labeling requirements • assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program � documented training of all personnel (inspections) 4 Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel � decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal Trenching & Excavation (competent person training in second year) • review/modify or write site specific program • documented training of all personnel Earth Moving Equipment/Motor Vehicles • review/modify or write site specific program • documented training of all personnel Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements 5 General Safety Requirements • review/modify or write site specific program • documented training of all personnel The "SafeAssure Advantage" • On-Line training available for AWAIR, EAP, ERTK, ERGO., Blood Borne • Safety Committee Advisor • Employee Safety Progress Analysis � SafeAssure"Client Discount Card" from "Fastenal Stores or Catalogs" (15% off any item) • MSDS on line data base utilizing DAMARCO Solutions, LLC MSDS program • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • "ALERT"data base • Unlimited consulting services 6 Exhibit B The United States Department of Labor,Division of Occupational Safety and Health Administration and the Minnesota Department of Labor,Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The required standards that apply to The City of Scandia are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work place Accident cYc Injury program that promotes safe&healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU.38 "The emergency action plan shall be in writinQ and shall cover the designated actions employers & employees must take to insure employee safety from fire & othe�•emergencies". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910147& MN Rules 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section". HAZARD COMMUNICATIONS 29 CFR 1910.1200& MN Rules 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective meusures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program fo��the work place..." RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............" CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shull develop and implement a written permit space program........ 7 RESPIIZATORY PROTECTION 29 CFR 1910.134 Written standurd operuting procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defzned by paragraph (b) of this section shall estublish a written Exposure Contfrol Plan designed to eliminate or minimize employee exposure. POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized ope�-ators shall be permitted to operate a powered industr•ial trc�ck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks". GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or pJ•actices not covered in an O.S.H.A. Standard may be covered under section S(a)(1) of the act, which states: Each employer shall furnish to euch of{thei�} employees employment and a place of employment which is fi�ee from recognized hazards that are causing or are likely to cause death or serious physical harm to{their} employees." LOGGING OPERATIONS 1910.266(i)(1) The employer shall pr-ovide training for each employee, including supervisors, at no cost to the employee. OPERATION OF MOBILE EARTH-MOVING EQUIPMENT. Training programs shall be developed und instructed by competent individuals who have knowledge, training, experience, and the demonsh�ated ability to ident� existing and predictable hazards related to the subject matter. 8 EXCAVATIONS/TRENCAING 1926.651 (k)(1) Daily inspections of excavations, the adjacent areas, and protective systems shall be mude by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application."Protective equipment, including personal protective equipment for eyes,face, heud, and exh•emities,protective clothing, respirato�y devices, and p��otective shields and barriers, shall be provided, used, and maintained in a sanita�y and reliable condition wherever it is necessary by reason of hazards of p��ocesses or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in u manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crune shall be pe�fo�•med at intervals as generally defined in paragraph (j)(1)(ii)(b)of this section, depending upon its activiry..................... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards." In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D-Walking-Working Surfaces Subpart E-Means of Egress Subpart F-Powered Platforms,Man-lifts,and Vehicle-Mounted Work Platforms Subpart G-Occupational Health and Environmental Conti•o] Subpart H-Hazardous Materials Subpart 1-Personal Protective Equipment Subpa�t J-General Environmental Controls Subpart K-Medical and Fust Aid Subpart L-Fire Protection Subpart M-Compressed Gas and Compressed Air Equipment 9 Subpart N-Materials Handling and Storage Subpart O-Machinery and Machine Guarding Subpait P-Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q-Welding,Cutting,and Brazing. Subpart S-Electrical Subpart Z-Toxic and Hazardous Substances 1926 Subparts SubpaR C-General Safety and Health Provisions Subpait D-Occupationa]Health and Environmental Controls Subpait E-Personal Protective and Life Saving Equipment Subpa�4 F-Fire Protection and Prevention Subpart G-Signs,Signals,and Ban•icades Subpart H-Materials Handling,Storage,Use,and Disposal Subpart(-Tools-Hand and Power Subpar[J-Welding and Cutting Subpart K-Electrical Subpart L-Scaffolds Subpart M-Fall Protection Subpart N-Cranes,Demcks,Hoists,Elevatars,and Conveyors Subpart O-Motor Vehicles,Mechanized Equipment,and Marine Operations Subpart P-Excavations Subpart V-Power Transmission and Distribution Subpart W-Rollover Protective Structures;Overhead Pirotection Subpart X-Stairways and Ladders Subpart Z-Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules(Employee Right to Know) 10