5.f) Renew Contract with SafeAssure Consultants Meeting Date: 10/19/2010
Agenda Item: �
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City Counc�l Agenda Report
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City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve renewal of the contract with SafeAssure Consultants, Inc. to
provide safety programs, services and training.
Deadline/ Timeline: Contract year is October l, 2010 through September 30, 2011.
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.
• In the last year, 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.
• The annual cost to renew the cost for the coming year is $2,900,
the same as the first year of the contract.
Recommendation: I recommend that the Council approve renewal of the contract with
SafeAssure in the amount of$2,900.
Attachments/ • Draft Agreement
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(safeassure contract renewal)
Page 1 of 1
10/08/10
Contract/ Agreement
THIS AGREEMENT is made this 19th day of October, 2010 between the City of Scandia,
Minnesota,herein referred to as the City of Scandia and SafeAssure Consultants, Inc. 200 S.W.
Fourth Street, Willmar, Minnesota whose names and signatures appear at the bottom of this
document, herein referred to as SafeAssure.
SafeAssure will provide for the period of one year from the date of this agreement, all written
policies, plans, training, features and services as listed in Exhibit A to this agreement, which
include but are not limited to OSHA compliance recommendations and consultations,providing
scheduled classroom-training sessions, writing and maintaining mandatory OSHA progams, and
providing access to DAMARCO Companies on-line MSDS management service. These
policies, plans, training, features and services 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 ageement.
These programs/policies and procedures listed in Exhibit A do not include the cost of hardware
such as labels, signs, etc. and will be the responsibility of The City of Scandia to obtain as
required to comply with OSHA standards.
Classroom training will be accomplished at a time convenient to most employees/management
and so selected as to disrupt the workday as little as possible.
All documents and classroom training produced by SafeAssure Consultants 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, or parent organization or any
entity whatsoever, without prior written approval of SafeAssure Consultants.
SafeAssure Consultants will make modifications and/or additions to the written policies, plans
and programs when necessary to comply with changing OSHA standards/statutes. These
changes or additions, when made during a contract year, will be made at no additional cost to
The City of Scandia.
All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed
to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will
reimburse the City of Scandia should MNOSHA/OSHA assess a fine for a deficient or
inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure
Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines
that are unrelated to written programs listed in Exhibit A.
SafeAssure agees to abide by all applicable federal and state laws including, but not limited to,
OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice
all reasonable and appropriate safety and loss control practices.
SafeAssure agees to provide (upon request) 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 liability and statutory requirements for workers' compensation insurance. SafeAssure is
insured by"The Harford"insurance companies.
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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.
SafeAssure expressly forever releases and discharges the City of Scandia, its agents,members
and heirs 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, or damages of whatever nature pursuant to the provisions of this agreement.
SafeAssure and his/her employees is an independent contractor of the City of Scandia, and
nothing in this agreement shall be considered to create the relationship of an employer/employee.
In consideration of this signed agreement/contract, for the period of twelve months from the
signing month,
CITY OF STILLWATER AREA GROUP CONTRACT PRICING
SCANDIA ANNUAL CONTRACT COST IF PAID ON SIGNING $ 2,900.00
IN TESTIMONY WHEREOF, we agree to 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.
City of Scandia SafeAssure Consultants,Inc.
City of Scandia Contact: SafeAssure Contact:
Anne Hurlburt, Administrator Chadwick W. Peterson, President
14722 209th St N. PO Box 756, 200 SW 4th Street
Scandia, MN 55073 Willmar, MN 56201
651 433-2274 320-231-3803
a.hurlburt@ci.scandia.mn.us chad@safeassure.com
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Exhibit A
SAFETY PROGRAM
For the City of Scandia
A.W.A.I.R. (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)
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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 j ob hazards-recognition
o control steps
o reporting
o management leadership requirements
o employee participation requirements
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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
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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 &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 &
other emergencies".
CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 &
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 measures to employees may
include, but is not limited to, provision for: development & maintaining a written
hazard communication program for 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
shall develop and implement a written permit space program........
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RESPIRATORY PROTECTION 29 CFR 1910.134
Written standard operating 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 8S 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 defined by
paragraph (b) of this section shall establish a written Exposure Control Plan
designed to eliminate or minimize employee exposure.
POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178
"Only trained and authorized operators shall be permitted to operate a powered
industrial truck. Methods shall be devised to train operators in the safe operation
of Powered Industrial Trucks".
GENERAL DUTY CLAUSE PL91-596
"Hazardous conditions or practices 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 each of{their} employees employment and a place of employment which
is free 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 provide training for each employee, including supervisors, at
no cost to the employee.
OPERATION OF MOBILE EARTH-MOVING EQUIPMENT.
Training programs shall be developed and instructed by competent individuals
who have knowledge, training, experience, and the demonstrated ability to
identify existing and predictable hazards related to the subject matter.
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EXCAVATIONS/TRENCHING 1926.651 (k)(1)
Daily inspections of excavations, the adjacent areas, and protective systems shall
be made 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, head, and extYemities,protective clothing, respiratory devices, and
protective shields and barriers, shall be provided, used, and maintained in a
sanitary and reliable condition wherever it is necessary by reason of hazards of
processes or environment, chemical hazards, radiological hazards, oY mechanical
irritants encountered in a 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 crane shall be performed at
intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending
upon its activity... ...... ............
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 Control
Subpart H-Hazardous Materials
Subpart I-Personal Protective Equipment
Subpart J-General Environmental Controls
Subpart K-Medical and First Aid
Subpart L-Fire Protection
Subpart M-Compressed Gas and Compressed Air Equipment
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Subpart N-Materials Handling and Storage
Subpart O-Machinery and Machine Guarding
Subpart 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
Subpart C-General Safety and Health Provisions
Subpart D-Occupational Health and Environmental Controls
Subpart E-Personal Protective and Life Saving Equipment
Subpart F-Fire Protection and Prevention
Subpart G-Signs, Signals,and Barricades
Subpart H-Materials Handling, Storage,Use,and Disposal
Subpart I-Tools-Hand and Power
Subpart J-Welding and Cutting
Subpart K-Electrical
Subpart L-Scaffolds
Subpart M-Fall Protection
Subpart N-Cranes,Derricks,Hoists,Elevators,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 Protection
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)
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