9.e) Contract with SafeAssure, Inc. for Safety Programs and Training Meeting Date: 10/20/2009
Agenda Item: � � 1
i
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve a contract with SafeAssure Consultants, Inc. to provide
safety programs, services and training, and authorize an amendment to
the 2009 budget to cover the $2,900 cost.
Deadline/Timeline: Action is requested in October to take advantage of a group rate
offered for the cities of Stillwater, Lake Elmo, Marine on St. Croix,
Scandia and Oak Park Heights.
Background: • Scandia is currently out of compliance with many of the
requirements for written safety programs and policies, the
establishment of a safety committee, and training for many of its
employees.
• Safety and loss control representatives of the city's insurer
(League of Minnesota Cities Insurance Trust, LMCIT) have cited
the need to bring these items into compliance on several
occasions. Staff has attempted to do this,but lacks sufficient time
and expertise. The city is risking employee and citizen safety, and
the possibility of significant fines,by not implementing required
safety programs and training.
• The draft 2010 budget includes $10,000 for safety consulting
services and training. Staff had expected to secure several
proposals to review in January. The budget estimate was based on
a"ballpark" estimate from the Minnesota Municipal Utilities
Association (MMUA), a consultant working with the LMCIT,
which suggested that services for Scandia would be$8,400 to
$14,000 per year(for one to two days per month of safety training
and assistance.)
• The city of Stillwater, in an effort to lower its own costs for safety
programs, recently initiated a proposed cooperative effort among
several cities. The vendor they currently work with (SafeAssure)
suggested that if they would handle some of the training as a
group, this could help all of the communities reduce overall safety
program costs. The main classroom training sessions(particularly
those required for Public Works staf� would be held at
Stillwater's facilities. In addition to the training, each community
would receive customized services to meet all OSHA requirements
for written programs. They would advise the city safety
Page 1 of 2
10/15/09
committee, provide job hazard analysis, conduct inspections, and
ensure that all required record keeping is maintained.
� The annual cost to the City of Scandia, assuming the group
proposal goes forward, would be $2,900 per year.
• The City of Stillwater solicited a proposal from another consultant,
CHESS (Complete Health, Environmental and Safety Services)
Inc. for the same package of services. I also visited with the
CHESS representative about Scandia's needs. Their cost for
Scandia would be $4,800 per year.
• SafeAssure offers things not offered by CHESS, including some
on-line training and unlimited consulting services. They also offer
a guarantee not offered by any of their competitors, that they will
reimburse the city should OSHA assess a fine for any deficient or
inadequate written programs.
• SafeAssure provides safety services to a number of smaller and
larger municipalities, including Stillwater, Oak Grove,
Minnetonka, Burnsville, Golden Valley and Plymouth. Stillwater
has been very satisfied with their services. SafeAssure is based in
Willmar, MN but also has an office in Woodbury.
• Scandia currently contracts with Hennepin Technical College to
provide training for Public Works employees as part of a group
that includes several other cities (Forest Lake, Columbus and
others.) The $650 cost for this program would be eliminated as
the same training would be provided as part of the SafeAssure
contract.
• The 2009 budget does not include this expenditure. However,
there will be sufficient funds in other budget line items that have
been under spent to cover the cost. The 2010 draft budget may
also be reduced by a total of$7,750.
Recommendation: I recommend that the Council approve the contract with SafeAssure. I
also recommend that the Council approve a budget amendment to
cover the expenditure in 2009 (increase line item 101-41000-438 by
$2,900.00.) Cooperation with Stillwater and the other cities presents
an opportunity to secure the services Scandia needs to comply with
OSHA requirements, and to save significant resources compared to
contracting on its own.
Attachments/ • "The SafeAssure Advantage"
Materials provided: . Draft Agreement
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(safety programs and safeassure)
Page 2 of 2
10/15/09
��� �y
c�afe�s,,,`� ��ss`re
�� The S afeAs sure Advanta e '��
g
o On-line Training Benefits Which Inc/udes: (AWAIR, Emp/oyeeRightto
Know, Emergency Action P/an, B/oodbo�ne Pathogens, Ergonornics, AED(Defibril/ator) Video Training-We Show
YourAFD Instruction �deo)
• Avoid on-site training scheduling conflicts
• More efficient EmpToyees view when they have time arrd in smafler increments
• 100% attendance achievable (meeting OSHA requirements)
• Tested on knowledge of subject
• Employee training progress reports availabfe to Supervisor
• "First Day"New Employee Traming
o Site Specific On-Site Employee Training-Hands On, Games
o Simulated 4SHA Inspection of All Buildings
(Written Report & Recommendations)
o Site Specific Written Programs/Policies
(Guaranteed-Annually Reviewed & Replaced)
o SafeAssure Assistance When OSHA Visits Your Entity
o Safety Committee Assistance/Attendance
o Workplace Hazard Analysis
o MSDS On-line Services—Site Specific
o Fastenal-15% Discount on all Products
o Assistance With All Your OSHA Needs
� Call Us With Your OSHA Questions and/or Concerns �
1-800-920-SAFE
�\� �v � � -
��: �� � � �
�� � �
�., , '�`��a
,t
�
Contract/ Agreement
THIS AGREEMENT is made this 20`h day of October, 2009 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, within one year of 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 programs, 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 agreement.
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 agrees 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 agrees 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.
1
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 209`h St N. PO Box 756, 200 SW 4`1i Street
Scandia, MN 55073 Willmar, MN 56201
651 433-2274 320-231-3803
a.hurlburt@ci.scandia.mn.us chad@safeassure.com
2
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)
3
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
4
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
5
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 �i healthful working conditions".
EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38
"The emergency action plan shall be in writing and shall cover the designated
actions employers & employees must take to insure employee safery 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........
6
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 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 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.
7
!
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 extremities, 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, or 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
procedwes 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
8
.
Subpart N-Matenals Handling and Storage
Subpart O-Machinery and Machine Guazding
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 Shuctures;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)
9