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April 25, 2019
Westchester County Camp Operator Workshop
COMMUNICABLE DISEASE CONTROL
Ada Huang, MD Deputy Commissioner, Division of Disease Control
Westchester County Department of Health
Communicable Diseases
WCDH website - Camp Operator Page
• Preventing outbreaks of communicable disease protects the health of campers and staff and prevents disruption of camp operations.
• Increase in vaccine preventable diseases/outbreaks associated with children’s summer camps in past several years.
• Norovirus, Tick Borne Diseases, Rabies
Communicable Disease-Reporting
2018 NYSDOH Children’s Camp Operator Letter WCDH website
Immediate reporting of suspected vaccine preventable (and other reportable)
diseases to WCDH can prevent outbreaks (914) 813-5159 [Monday to Friday 8:30am to 4:30pm] (914) 813-5000 [After Hours & Weekend] (914) 813- 5182 [Fax]
Reporting required under NYS Public Health Law
Reporting required within 24 hours to local health department under subpart 7-2
NYSSC
WCDH will work with camps to quickly establish diagnosis and prevent further spread
Staff training – include symptoms of vaccine preventable diseases and immediate notification of the camp director
NYSDOH School/Childcare Immunization Requirements
Must have one of the following to attend school: ▪ Immunization record indicating up to date for age
▪ Medical exemption signed by a licensed NYS physician
▪ Religious exemption signed by a recognized religious
leader
▪ Medical documentation of having had the disease or blood tests indicating immunity
Vaccine Preventable Diseases
2019 NYSDOH Children’s Camp Operator Letter & Flyer WCDH website
• Vaccinations are strongly recommended for all staff and attendees • Immunization records and a detailed list of staff and campers who are
NOT fully immunized should be on file and must be produced for WCDH staff during any pre-operational visits and updated lists during WCDH visit during the season
• NYSDOH and WCDH strongly recommend all staff and attendees be vaccinated as per
age appropriate ACIP Guidelines which are available for your reference at http://www.cdc.gov/vaccines/schedules/.
• 2 doses of measles vaccine for all staff and campers born after 1/1/1957 strongly recommended
• NYS Children’s Camp code does not include vaccination requirements for staff or
attendees but camps may choose to require vaccinations for campers and staff.
Vaccine Recommendations
Campers (Age Appropriate)
Camps are required
to have immunization records on file and
updated annually for every camper
Diphtheria/tetanus/pertussis Measles/mumps/rubella Varicella (Chickenpox) Hepatitis A & B Haemophilus influenza, type b Pneumococcal Polio Meningococcal*
Vaccine Recommendations
Staff
(Age Appropriate) Camps should have
current immunization records on file
Note: Staff hired from abroad may not have as complete immunizations as those from the U.S.
• Tetanus/diphtheria (Td) or
tetanus/diphtheria/pertussis (Tdap)
• Measles/mumps/rubella
• Varicella (Chickenpox)
• Hepatitis B (lifeguards, healthcare workers)
• Meningococcal*
Measles
Current measles outbreak in NYC and lower Hudson Valley
622 Total Cases in NYS (As of 4/24/19) NYC – 390 – Williamsburg, Borough Park Rockland - 200 Orange - 20 Westchester – 10 Sullivan - 2
Largest outbreak since U.S. elimination in 2000
All WC cases and majority in other jurisdictions <18 y/o,
more cases in younger age groups
All WC and vast majority of other cases NOT vaccinated
Exposures in Health Care Settings, non-public schools, and Colleges
Measles Response
Increase vaccination coverage:
WCDH Vaccination Clinics for Camp Counselors, Staff and Unvaccinated Residents:
Thursday, April 25, 8:30 a.m. to 1 p.m. County Center (NOW!!) Tuesday, April 30, 10 a.m. to 6 p.m., 134 Court Street, White Plains Tuesday, May 14, 10 a.m. to 6 p.m., 134 Court Street, White Plains Medical Providers – Vaccination and Infection Control School/Childcare Compliance with NYSDOH with Immunization
requirements for schools and childcares, increase audits
Community Outreach and Education Efforts
Vector Borne Diseases
Ticks transmit diseases such as Lyme, Anaplasmosis, Ehrlichiosis and Babesiosis - all of which are present in Westchester County.
Prevention of tick bites includes daily tick checks, wearing long sleeves/long pants.
Mosquitoes transmit infections such as West Nile and Zika.
Prevent mosquito breeding by emptying any containers that collect standing water.
Zoonotic Diseases/Rabies
Diseases can be transmitted to humans by animals.
Rabies – WCDH Camp Operators website • Inspections/Bat proofing • Avoid exposures • Capture the bat! • Notify WCDH!
Proper hand washing before eating, after using bathroom facilities and after handling animals is an important safeguard.
Proper hand washing facilities must be readily accessible to area where animal contact occurs to ensure effectiveness.
What is Norovirus?
The stomach bug! A group of highly contagious viruses that cause severe stomach upset, vomiting and diarrhea.
Can lead to severe dehydration, especially among seniors, people with other illnesses and young children.
Quick Facts
How Does Norovirus Spread?
An infected person who doesn’t wash hands properly after vomiting or using the toilet comes in contact with others.
Norovirus can live on objects and surfaces for days or weeks waiting to strike.
There’s no vaccine or treatment, so prevention is paramount.
Prevention
#1 - Washing hands correctly is the best way to prevent the spread of disease. #2 - Stay home when you’re sick.
Skin Infections
MRSA is a skin infection caused by a common skin bacteria called “staph.” Some staph infections have become resistant to some antibiotics. Skin infections can be prevented by:
Regular hand washing Covering minor scrapes and cuts with a clean bandage Avoiding the sharing of personal items - towels, washcloths Having anyone with a skin infection evaluated by medical
staff Proper use of gloves and bandage disposal by those caring
for a skin infection • There is no need to exclude anyone with a minor skin infection from general activity.
Questions?
Measles Update: Hudson Valley Outbreak and Camp Guidance
Photos: www.cdc.gov/measles/about/photos.html
Sonya Frontin, MPH Bureau of Communicable Disease Control New York State Department of Health
21
Overview of Measles Outbreak in the Hudson Valley
22 Measles Cases by Rash Onset Date, excluding NYC, through 4/22
County Year
Total 2018 2019
Rockland 110 89 199
Orange 7 13 20 Westcheste
r 2 8 10
Sullivan 0 2 2
Greene 0 1 1
Total 119 113 232
23 Age Distribution (n = 232)
24 Age and Immunization Status
Age Group
# MMR Doses Total
0 1 2 Unkno
wn
< 1 Year 31 3 0 0 34
(14.7%) 1-3
Years 59 5 0 0 64
(27.6%) 4-18 Years 88 2 2 6
98 (42.2%)
19+ Years 12 1 5 18
36 (15.5%)
Total
190 (81.9%
)
11 (4.7%)
7 (3.0%)
24 (10.3%
) 232
25 Outbreak Associated Measles Cases, 10/1/18 – 4/22/19 (n = 231)
Sullivan County
Rockland County
Orange County
Westchester County
26
Review of Measles Facts • Infected persons can spread the disease from 4
days before rash appears through 4 days after. • Measles virus can live for up to 2 hours in the
airspace where and infected person coughed, sneezed, or breathed.
• Measles virus can survive on surfaces.
Potential for LOTS of Exposed Individuals
27
Children’s Camp Program: VPD and Measles Guidance
28
Camp Operator Guidance
A vaccine-preventable diseases letter for camp operators, with a focus on measles, was sent to local health departments. The letter provided recommendations for: • Two doses of MMR for all campers and camp staff; • Screening all campers and staff for measles symptoms
and possible recent exposures; • Excluding campers with measles symptoms, or with
recent exposures that are unvaccinated or one MMR; • Monitoring individuals with two MMR and recent
exposure;
29
Camp Operator Guidance (continued)
• Maintaining lists of individuals not fully immunized including those with valid exemptions;
• Isolating individuals that develop measles symptoms;
• Reporting individuals with measles symptoms or known measles exposures to the local health department; and
• Advising camps that they may choose to recommend or require immunizations for campers and staff.
30
Informational Measles Flyer
• An informational flyer was also developed, which camp operators are encouraged to share with parents prior to the start of the camp season to help prevent the spread of measles at summer camps. The flyer is being translated into Yiddish for communities that may benefit from a translation.
GW G A R F U N K E L W I L D , P. C . A T T O R N E Y S A T L A W
Great Neck, NY (516) 393-2200
Hackensack, NJ (201) 883-1030
Stamford, CT (203) 316-0483
Albany, NY (518) 242-7582
© 2018 GARFUNKEL WILD, P.C.
2019 WCDOH Children's Camp Workshop
Sexual Harassment in the Workplace and the New Laws
April 25, 2019
Presented by: Lauren Levine, Esq., Partner (516) 393-2240 [email protected]
5061388
© 2018 GARFUNKEL WILD, P.C. 33 GW www.garfunkelwild.com
Introduction
• THE CURRENT MEDIA ATMOSPHERE
• NO EMPLOYER IS IMMUNE FROM SEXUAL HARASSMENT HEADLINES AND ISSUES
• BE KNOWLEDGEABLE OF EMPLOYEE RIGHTS AND PROTECTIONS
• KNOW HOW TO IDENTIFY AND ADDRESS HARASSING BEHAVIORS, INCLUDING THOSE LESS OBVIOUS
• TAKE STEPS TO AVOID THE NEXT HEADLINE OR LAWSUIT
• HOW TO HANDLE INVESTIGATIONS
© 2018 GARFUNKEL WILD, P.C. 34 GW www.garfunkelwild.com
Broader Consequences Of Harassing & Disruptive Behaviors
• Toxic work environment
• Lower quality of work and productivity
• Lower staff morale
• Higher turnover
• Staff complaints
• Risks of litigation
• Diminishes reputation
• Negative publicity
© 2018 GARFUNKEL WILD, P.C. 35 GW www.garfunkelwild.com
The Starting Point For Discussion: New York State Mandates
• Distribution Of Written Sexual Harassment Policy: Deadline Of October 9, 2018
– Prohibit sexual harassment – Provide examples of prohibited conduct – Include information concerning the federal and state statutory provisions
concerning sexual harassment, remedies available, and a statement that there may be applicable local laws
– Include a complaint form – Include a procedure for the timely and confidential investigation of complaints that
ensures due process for all parties – Inform employees of their rights of redress and all available forums for adjudicating
sexual harassment complaints administratively and judicially – Clearly state that sexual harassment is considered a form of employee misconduct
and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue
– Clearly prohibit retaliation
© 2018 GARFUNKEL WILD, P.C. 36 GW www.garfunkelwild.com
The Starting Point For Discussion: New York State Mandates
• Mandatory Annual Anti-Sexual Harassment Training By All Employers No Later Than October, 2019 – Must be interactive – Must include an explanation of sexual harassment consistent with guidance issued
by the Department of Labor in consultation with the Division of Human Rights – Must include examples of conduct that would constitute unlawful sexual
harassment – Must include information concerning the federal and state statutory provisions
concerning sexual harassment and remedies available to victims of sexual harassment
– Must include information concerning employees’ rights of redress and all available forums for adjudicating complaints
– Must include information addressing conduct by supervisors and any additional responsibilities for such supervisors
© 2018 GARFUNKEL WILD, P.C. 37 GW www.garfunkelwild.com
ACA Standard AD.29.1 - Personnel Policies
• Does the camp provide all camp staff with written personnel policies
that address the following: – General equal employment opportunity policies; – Benefits; – Time off, absence and leaves of absence; – Performance evaluation processes including discipline procedures; – Conditions of severance and grievance procedures; and – Work rules and personal conduct, including sexual harassment
policies? • Written documentation required for ACA accreditation
© 2018 GARFUNKEL WILD, P.C. 38 GW www.garfunkelwild.com
What is Harassment?
Harassment consists of unwelcome conduct, whether verbal, physical or visual, that is based upon a person’s protected status, such as sex, race, religion, color, national origin, gender, sexual orientation, marital status, age, medical condition, citizenship status, genetic information, military or veteran status, or other protected group status.
Note, even if behavior may not constitute harassment, it may still run afoul of behavioral standards and policies in the organization and require intervention and discipline.
© 2018 GARFUNKEL WILD, P.C. 39 GW www.garfunkelwild.com
What is Sexual Harassment?
• Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when: – Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
– Such conduct is made either explicitly or implicitly a term or condition of employment; or
– Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment.
© 2018 GARFUNKEL WILD, P.C. 40 GW www.garfunkelwild.com
Types of Claims
HOSTILE WORK ENVIRONMENT • Exists when verbal or nonverbal behavior in the workplace is
severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
QUID PRO QUO • Employee is implicitly or expressly requested to submit to sexual
demands in exchange for employment benefits or to avoid adverse employment consequences.
© 2018 GARFUNKEL WILD, P.C. 41 GW www.garfunkelwild.com
Sex Stereotyping
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of either sex should act or look.
• Harassing a person because that person does not conform to gender stereotypes as to “appropriate” looks, speech, personality, or lifestyle is sexual harassment.
• Harassment because someone is performing a job that is usually performed, or was performed in the past, mostly by persons of the opposite sex, is sex discrimination.
© 2018 GARFUNKEL WILD, P.C. 42 GW www.garfunkelwild.com
Harassment Factors To Consider
• Who Can Be A Victim? Employees, interns, independent contractors and vendors or those employed by a company providing services in the workplace or third parties visiting the entity. Victim does not have to be the person targeted by the harasser, but can be a third party who is offended by it or finds it unwelcome.
• Who Can Be A Harasser? Anyone in the workplace. Management and supervisors, co-workers, subordinates, customers, other non-employees (vendors, contractors, interns, security), or members of the public (visitors).
• Gender is not a factor. Sexual harassment can occur between males and females, or between parties of the same sex. (The term “sex” includes sexual orientation, gender identity and the status of being transgender.) Sexual harassment that occurs because the victim is transgender is also unlawful.
© 2018 GARFUNKEL WILD, P.C. 43 GW www.garfunkelwild.com
Examples Of Sexual Harassment
• Physical - Touching, pinching, patting, grabbing, brushing against a person’s clothing, body or hair, initiating unwanted sexual activity, rubbing or touching anyone sexually in the presence of another, exposing oneself, requiring the employee to wear sexually suggestive clothing, or blocking a doorway or impeding a person’s movement.
• Verbal - Name-calling, belittling, sexually explicit, provocative or degrading language, sexually explicit jokes, comments about a person’s anatomy, questions or comments about a person’s sexual practices or preferences, or sexual noises or remarks.
• Visual - Sexual pictures, writing or objects, staring someone up and down, leering, sexually-oriented gestures, winking, blowing kisses, standing or sitting too close, inappropriate emails and internet usage, or gawking or trying to embarrass a person who looks different.
© 2018 GARFUNKEL WILD, P.C. 44 GW www.garfunkelwild.com
A Primary Safeguard: Be Professional At All Times
• The focus should be on proper and acceptable workplace practices. If staff abides by that standard, they will likely avoid committing any acts of harassment or sexual harassment and minimize the risk of misperceptions about their behavior. This is one of the most important points to convey.
• Ideas for reducing risks: – Reduce/discourage physical interaction between staff – Implement Appropriate Dress Code
© 2018 GARFUNKEL WILD, P.C. 45 GW www.garfunkelwild.com
The Situs Of The Harassment
Sexual harassment can occur at functions outside the workplace. Locations off-site and during off-hour activities can be considered extensions of the workplace. For example:
• Parties
• Sporting events
• On social media
© 2018 GARFUNKEL WILD, P.C. 46 GW www.garfunkelwild.com
Harasser’s Intent Is Irrelevant
• Harassment is unlawful even if it is not motivated by any sexual or discriminatory intention.
• It is no defense that the alleged harasser was joking.
• It is no defense that one engaged in behavior that may in the past have been deemed acceptable or tolerated.
© 2018 GARFUNKEL WILD, P.C. 47 GW www.garfunkelwild.com
Bystander Intervention
• Anyone who witnesses or becomes aware of potential instances of sexual harassment should report it to a supervisor, manager or human resources.
• Those who witness sexual harassment do not have to feel helpless to react to it. There are multiple options available to the bystander, including: 1. Informing the victim that he or she has the support of the
bystander in responding to the harassment. This may encourage a reluctant or fearful victim to report the harassment.
2. Reporting the harassment to a supervisor or through other reporting channels.
3. Speaking directly with the harasser. • It is unlawful for an employer to retaliate against the bystander for
reporting suspected sexual harassment or assisting in any investigation.
© 2018 GARFUNKEL WILD, P.C. 48 GW www.garfunkelwild.com
General Thoughts on Investigations
• It is important that staff know they should not fear reprisal for reporting.
• It is important that staff have more than one option for individual to whom they should report.
• It is important to be discrete and keep the investigation as confidential as possible.
• Any discipline imposed should be commensurate with the behaviors.
• Documentation is critical.
© 2018 GARFUNKEL WILD, P.C. 49 GW www.garfunkelwild.com
Your Management Role In Documenting, Disciplining And Investigating Employee Issues
An Invaluable Cost-Containment Safeguard
© 2018 GARFUNKEL WILD, P.C. 50 GW www.garfunkelwild.com
Your Role As A Leader
A Successful Leader And Manager: • Is A Role Model • Is Engaged • Demonstrates Professional Behavior • Communicates In A Respectful Manner • Respects Cultural Diversity • Respects Employee Privacy • Does Not Make Promises Without Authority • Takes Complaints Seriously And Responds Promptly • Encourages Employees To Seek Assistance • Consistently Applies And Enforces Policies And Benefits • Prepares And Maintains Appropriate Documentation
© 2018 GARFUNKEL WILD, P.C. 51 GW www.garfunkelwild.com
Why Documentation Is Important
• Defense Litigation Tool • Useful Investigatory Tool • Records Workplace Incidents • Records Employee Performance • Establishes A Record Of Employment Actions And
Support For Those Actions • Records Notices And Information Given To
Employees
© 2018 GARFUNKEL WILD, P.C. 52 GW www.garfunkelwild.com
The Employee Handbook
• A Critical Risk Management Tool • Resource Of Information – Review It! • Informs Employees And Supervisors Of The Expectations,
Rules And Policies Of The Workplace.
APPLY AND ENFORCE POLICIES CONSISTENTLY And Have Consistent Management Practices
© 2018 GARFUNKEL WILD, P.C. 53 GW www.garfunkelwild.com
Factors to Keep in Mind When Conducting Investigations
• Remember That Information May Be Disclosed – In A Litigation – To Government Agencies
• Be Sensitive To Privacy Concerns Of Staff And Confidentiality Of Business Information
• Remain Neutral • Refrain From Defamatory Comments
© 2018 GARFUNKEL WILD, P.C. 54 GW www.garfunkelwild.com
Factors to Keep in Mind When Conducting Investigations
• Do Not Escalate The Emotional State of Complainant/Witness • Avoid Accusatory Language • Avoid Stating Personal Opinions • Avoid Using Legal Terms • Do Not Use Conclusory Language:
– Ex. “When Employee “X” Sexually Harassed You, What Did You Do?” Instead Say, “When Employee “X” Showed You That Picture, What Did You Do?”
• Do Not Express Agreement Or Disagreement With Witnesses
© 2018 GARFUNKEL WILD, P.C. 55 GW www.garfunkelwild.com
Investigation Steps: The Planning Stage
Gather Preliminary Information • Complaint Intake - Completed By Employee Or Manager • Review Any Relevant Company Policies • Pull Known Relevant Documents In Advance (e.g. Emails,
etc.) Identify Who Should Conduct the Investigation
• Investigator Plus A Witness • Witness Should Not Be A Subordinate Employee • Should Be A Tactful Person • Assess Whether To Involve Human Resources
© 2018 GARFUNKEL WILD, P.C. 56 GW www.garfunkelwild.com
Investigation Steps: The Planning Stage
• Decide When To Commence The Investigation • Must Be Prompt
• Should The Accused Employee Be Suspended Pending Investigation Or Placed On Leave?
• Paid vs. Unpaid Leave • Are Modifications To Working Relationships Needed?
• Change in reporting lines • Is It Necessary To Call Law Enforcement (e.g.
Assault)?
© 2018 GARFUNKEL WILD, P.C. 57 GW www.garfunkelwild.com
Investigation Steps: The Planning Stage
• Make A Preliminary List Of Persons To Interview • Have A Bullet Point Outline Of Specific Topics Of Inquiry
For Each Witness • Decide Location Of Interviews • Establish Order Of Interviews
• Start With Complaining Employee • Speak With Other Potential Witnesses • Confront Accused • Conduct Any Follow-Up Interviews
• Set Target Date For Completion Of The Investigation
© 2018 GARFUNKEL WILD, P.C. 58 GW www.garfunkelwild.com
Investigation Steps: The Interviews Initial Remarks
• Opening Statements – Advise The Employee Of The General Purposes Of The Meeting – Assure Them That The Complaint Is Being Taken Seriously – Advise Of The Policy Against Retaliation For Reporting Complaints Or
Participating In An Investigation
• Explain Your Role As Investigator – Fact Finder – Do Not Promise Confidentiality
• Control The Investigation – Witnesses Like To Turn The Tables – If The Employee Goes On Tangent, Bring It Back In Focus – Investigator Controls How Much Information Is Disclosed For Purposes
Of The Interview
© 2018 GARFUNKEL WILD, P.C. 59 GW www.garfunkelwild.com
Investigation Steps: The Interviews Who, What, Where And When
Who Committed The Harassment And Who Witnessed It? What Happened? When Did It Happen? Where Did It Happen? Take Each Incident One At A Time
• Where did it occur? • What happened or what was said? • When did it happen? • How did you react? What was your response? • Who was present or could have witnessed it? • Did you report it? To whom?
© 2018 GARFUNKEL WILD, P.C. 60 GW www.garfunkelwild.com
Investigation Steps: The Interviews Who, What, Where And When
• Tell any co-workers? Anyone else? • Anyone else with relevant information? • Did anyone see you immediately after the
incident? • Did the accused engage in the same or
similar conduct toward anyone else to your knowledge?
© 2018 GARFUNKEL WILD, P.C. 61 GW www.garfunkelwild.com
Investigation Steps: The Interviews Who, What, Where And When
• Do you know whether anyone complained about that person for the same or similar conduct? Who? When?
• Do you have any notes, texts, emails or other documentation regarding the incident(s)?
• How would you like to see the situation resolved?
• Do you know of any other relevant information?
© 2018 GARFUNKEL WILD, P.C. 62 GW www.garfunkelwild.com
Investigation Steps: The Interviews Assess And Follow-Up
Periodically Assess Gathered Information To: – Determine If Additional Witnesses Need To
Be Questioned – Obtain Relevant Documents Or Material
Identified During Course Of Investigation – Determine If Follow-Up Interviews Are
Needed
© 2018 GARFUNKEL WILD, P.C. 63 GW www.garfunkelwild.com
Investigation Steps: The Interviews Closing Remarks
Sample Closing Remarks: – Thank Your Witness For Being Cooperative – Notify Him/Her You May Have Follow-Up Questions – Reiterate Anti-Retaliation Policy – Explain That The Investigation Is Ongoing And That You
May Have Some Additional Follow-Up Questions – Tell Him/Her To Immediately Report Any Concerns That
May Arise Going Forward – Ask Him/Her To Keep The Discussion Confidential To
Protect The Investigation
© 2018 GARFUNKEL WILD, P.C. 64 GW www.garfunkelwild.com
Investigation Steps: Rendering Conclusions
• Organize And Collect All Information Received • You Must Save All Notes And Drafts • Make Credibility Determinations
• Nervousness, Insincerity, Inconsistencies, Changing Positions, Reputation, Past Problems Of Similar Nature
• Make Factual Determinations • Render A Conclusion
• Positive, Negative Or Inconclusive • Draft The Report - Summary of Interviews, Facts, And
Conclusions • Determine The Response And Corrective Actions
© 2018 GARFUNKEL WILD, P.C. 65 GW www.garfunkelwild.com
Investigation Steps: The Response And Determining Appropriate Corrective Actions
Dependent On Investigation Outcome, Implement Appropriate Corrective Actions:
• Oral warnings • Written warnings • Last-chance warnings • Suspension • Demotion/Transfer • Termination • Monitoring • Training
© 2018 GARFUNKEL WILD, P.C. 66 GW www.garfunkelwild.com
Investigation Steps: The Response And Determining Appropriate Corrective Actions
A Negative Or Inconclusive Finding May Still Justify Action
• Retraining Or In-Service • Team Building • Reassignments • Re-Issuance Or Clarification Of Policies
© 2018 GARFUNKEL WILD, P.C. 67 GW www.garfunkelwild.com
Investigation Steps: Communicating the Outcome
Communicate The Outcome To The Complainant And Accused
The Communication Does Not Have To Be Overly Detailed
– You Do Not Need To Disclose All Findings – But The Corrective Action Must Be Detailed
© 2018 GARFUNKEL WILD, P.C. 68 GW www.garfunkelwild.com
Disciplining Employees - The Written Notice
The Written Disciplinary Notice Should: • Briefly Describe The Nature Of Misconduct, Policy Violation Or Incident • Be Factual And Avoid Inflammatory Comments • Detail The Form Of Discipline, Plan Of Improvement Or Corrective
Action, And Warn Of Consequences For Failure To Comply • Remember May Be Disclosed In Litigation – Write Neatly Or Type, Be
Concise Avoid Abbreviations And Proofread • Maintain Copies • Meet With The Employee To Discuss Disciplinary Notice • Have A Witness Present Who Is Not A Subordinate Employee • Have 2 Copies Of The Notice – Your Copy And Employee Copy • Allow The Employee To Comment On The Form • Employee Should Sign And Date Acknowledgment Of Receipt • If They Refuse, Note It On The Copy
Questions and Answers
Wildlife Encounters
At Day Camp
By Ray Hartley Intrepid Wildlife Services
Coexisting and appreciating wildlife
- There is nothing wrong with observing wildlife but it is important to appreciate them at a distance.
- Most healthy animals will be afraid of humans and will retreat when encroached upon.
- If they are sick or feel threatened however chances are they will become aggressive and as a result dangerous.
- Here are the common types of wildlife in Westchester and what one should look out for or do if contact is made.
Bees (What to look out for)
- Hives are usually located in trees and bushes. - They also love playground equipment.
- They can also be found lower to the ground in
dirt, leaves and low hanging branches.
- Multiple bees flying towards the same direction caution should be taken.
- Before letting kids out do a visual inspection of area for any nests or bee clusters.
Bees (What to do if a nest is found)
- Keep people clear of area.
- Depending on the type of bee they may be more aggressive and chase people for extended distances.
- Call a professional to handle with nest removal and relocation.
- If someone is stung be sure to seek medical help immediately as reactions vary from person to person.
Deer (What to look out for)
- Although they seem cute and timid some can be more aggressive than others during different types of year.
- Fawns (baby deer) are more often born towards the summer time and will encounter people more often.
- Does (female deer) will be very defensive in protecting young.
- Will often snort, huff or slam hoof onto ground when they feel threatened.
Deer (What to do if you encounter them)
- If you run into a lone fawn let it be. Do not touch or move it. More than likely its mother is nearby.
- Deer will often spook easily but if the doe stands its ground and begins making noise carefully back away and let it be.
Snakes (What to look out for)
- Because they’re cold blooded they will often seek sources of heat.
- This includes rocks and wood piles during the day (most commonly during the early to mid morning hours).
- Often times will make their way through leaves and trails.
- Often seen in and around water sources such as streams, ponds and lakes.
Snakes (What to do if you see one)
- Always give the snakes room. Most bites happen because of individuals trying to kill/capture.
- Venomous NY snakes are: - Copperhead - Timber and Pygmy Rattlesnakes
- Most common (non-venomous) in
Westchester are: - Garter - Black/Rat Snake - Northern Water Snake - Milk Snake - Ring Neck Snake
Raccoons (What to keep in mind)
- Most frequently seen during the nighttime hours.
- Scavengers so they will go for garbage and any food left out so keep area clean.
- Sleep in trees as well as hollows and holes in the ground.
- Occasionally will find their way into attics or other structures that have damage or entry points.
Raccoons (What to do if you see one)
- At night leave them be and keep a distance, eventually they will move on.
- If seen during the day they may be disturbed and simply moving to another but can also mean they are sick.
- If seen regardless of time of day be sure to keep kids or people inside or far away from them.
- Signs of sickness:
- Will approach you and seem friendly
- Walking in circles or with a stagger
- Walking/running into things as if its
vision is impaired.
- Often chatter or growl.
Skunks (What to look out for)
- Nocturnal so will be out during the night.
- Will feed on earthworms and grubs in grassy areas such as fields, playgrounds etc.
- Will often burrow under foundations of sheds, decks, and buildings.
- Will spray as a defense mechanism which can cause temporary blindness as well as a massive stinky odor.
Skunks (What to do if they are encountered)
- Will sometimes forage in and around garbage and food areas like raccoons.
- If you come face to face carefully back away slowly and quietly.
- If seen during the day keep clear as this is also often indicative of sickness usually won’t show fear when rabid meaning they are more likely to approach you.
Bats (Signs to look out for)
- Come out at night and will roost in a number of places during the day such as:
- Attics, gazebos, open roof areas, window shutters and other high areas.
- Signs of roosting are build up of guano (small droppings which are similar looking to that of mice).
- Appear in the early evening to feast on mosquitoes and other small insects.
Bats (What to do if encountered)
- Do not touch or clean guano, contact a professional.
- If seen flying around outside they are usually feeding, they will dive down but detect you.
- If seen flying around inside a building keep kids and people away.
- If people were asleep while it was flying around try to keep it contained. DO NOT LET IT OUTSIDE!
- Stuff a towel under the door and contact a professional to remove for testing.
Birds
- Mostly keep to themselves and are non threatening but if a nest with young is encountered let it be as adults can dive bomb you to try and scare you away.
- Turkeys and geese can sometimes be aggressive and may chase after and/or bite at you.
- As always best to keep a distance and be aware of nests and mating pairs.
Foxes and Coyotes (What to look out for)
- Though very rare to run into they are in Westchester.
- Are mostly nocturnal and will hunt small rodents and other small animals.
- Fox will live closer to humans and can raise young under small structures.
- Both will sometimes vocalize at night (Coyotes will howl while Foxes will scream/yelp).
Foxes and Coyotes (When encountered)
- In the unlikely event you run into them make yourself big by raising your hands up. Yell at them as you retreat slowly.
- Foxes are more easily spooked than coyotes but still best to make as much noise and appear as large as possible.
- Get anyone with you to a nearby shelter until the animal has moved on.
Remember to never approach or feed wildlife. If you let them be, they will usually do the same. Questions?
In Conclusion
Everybody goes to camp to enjoy nature, but they should always be aware of their
surroundings.
Westchester County Department of Health
Top 10 Violations
Top 10 Violations of 2018
Peter DeLucia Assistant Commissioner, Bureau of Public Health Protection
Westchester County Department of Health
Top Ten Violations of 2018
81
45
40 38
38
37
24
20 18 17
Item 32: Camper Medical History Provided, MedicalLog Maintained, Incident ReportingItem 17: Personnel Records, Resumes on File,Criminal Justice ChecksItem 15: Personnel, Qualified Director, Training
Item 19: Safety Plan Implemented
Item 39: Buddy System, Checks, Boards, SwimAssessment, TriplesItem 42: Trip Swimming, Permission, BuddySystem, ChecksItem 61: Surface Drainage, Pesticides and ToxicChemicalsItem 55: Exits Unobstructed
Item 37: Lifeguard, Counselor Ratios, Duties
Item 54: Fire/Smoke Alarm, Fire Drills
Number of Citations
History of Top Cited Violations
• Top ten violations, year to year comparison, shows a trend; – Order of the violation type differs slightly but same type of violations
comprise the top ten. – Violations for camper medical history/medical log has ranked 1st and
personnel records/checks has ranked 2nd the past four years. – Violations pertaining to swimming have consistently ranked in the top 5. – Violations pertaining to staff training and safety plan implementation
have consistently ranked in the top 5.
• What can be done to break this trend?
Breaking the Cycle
• The following slides will review information on what is expected to be provided or observed by the inspector during a routine inspection.
Blue Item Violations: Medical
• This category encompasses qualified health director, camper immunization and emergency contact numbers, adequate medical supplies and proper documentation of injuries/illness and medication administration.
• #1 cited blue violation in 2018
#1 Cited Blue Item Violation: Medical
• What is commonly cited under blue violation #32? – Camper immunization
records/emergency contact number not provided.
– Medications on-site without a doctor’s note.
– Improper documentation of medications administered.
– Reportable injuries/illnesses not reported within 24 hours.
• Ensure all camper forms are reviewed for completeness. – Make sure all the camper’s required paperwork is present BEFORE they
start camp.
• When receiving emergency medications/daily medications for campers, they MUST be accompanied by a doctor’s note which will list the medication, dosage, when to administer, etc.
• Make sure all medications are received in their original container and are
not expired.
• A qualified staff member should review all camper medications and accompanying paperwork provided.
Blue Item Violations: Medical
Blue Item Violations: Medical
• When recording any incident, certain information must be included in your entry: – Date, time, camper name, description of illness/injury, how injury
occurred, what medical attention was given and by whom. Include any follow-up information, when necessary.
• When recording administration or self-administration of medications the
following information must be included in your entry: – Date, time, camper name, medication name, route, dosage, number of
tablets, additional information as needed.
Blue Item Violations: Administration/Supervision
• This category encompasses staff/administrative record keeping, supervision and the safety plan.
• #s 2, 3 and 4 cited blue violations of 2018.
#2 Cited Blue Item Violation: Administration/Supervision
• What is commonly cited under blue violation #17?
– Staff reference checks – Staff sex offender registry check
Blue Item Violations: Administration/Supervision
• TWO staff references need to be obtained and verified.
• Whether your staff provides a name and contact number, written reference letter, email reference letter or a digital program, you MUST CONTACT the reference and verify it. – Don’t forget to document this contact and include your name and the
year. – For returning staff, the prior year’s evaluation can substitute for ONE
reference. – No references from family members.
Blue Item Violations: Administration/Supervision
• Sex offender registry checks need to be done BEFORE the start of camp operation. Do not wait until the last minute!
– If some staff are hired late, you can submit these staff names and DOB/SSN separately.
– Make sure the list of staff submitted and the results are kept together.
#3 cited Blue Item Violation: Administration/Supervision
• What is commonly cited under blue violation #15?
– improper documentation of staff
or camper orientation training. Which can include:
• not listing orientation topics covered
• not providing documentation of orientation training
• not providing documentation of the orientation training for staff/campers who were absent during the main orientation training.
Blue Item Violations: Administration/Supervision
• How can improvements be made? – This is a list of orientation topics which
are required to be reviewed with all staff (if applicable). • For your convenience, this chart
can be found on our website located in the camp safety plan template.
– Create your own form to include all topics.
– A separate list of topics needed for review with campers can be found in the safety plan template.
– Documentation of training can be appropriate for the age of the group.
Blue Item Violations: Administration/Supervision
• Orientation for staff and campers is of the utmost importance.
• Develop a method/form to document attendance for ALL staff and campers, including those absent during the original orientation.
• Make sure your orientation topics and attendance sheet are together. Be organized!
• Documentation of orientation is your proof of code compliance.
#4 Cited Blue Item Violation: Administration/Supervision
• What is commonly cited under blue violation #19? – Ensuring the approved safety
plan is current and updated, as needed.
– New safety plans or changes to existing plans are not filed with the Health Department and approved for use.
– Approved safety plan not on file at camp.
– Safety plans are not always implemented in the manner they were approved.
Blue Item Violations: Administration/Supervision
• Make sure your safety plan is reviewed annually. – Review to ensure your plan accurately reflects your camp’s daily
operation. – Submit any updates for approval before implementation.
• Ensure all staff have reviewed and understand their role’s and ensure it is
being implemented at all times.
• Ensure staff know where the safety plan is located.
• This category encompasses on-site swimming, trip swimming, wilderness swimming and the buddy system/buddy checks.
• #s 5, 6 and 9 cited blue violations of 2018.
Blue Item Violations: Swimming
• Commonly cited blue violations under #s 37, 39 and 42 include: – not conducting buddy checks
every 15 minutes – not implementing a buddy
system – buddy pairs not together in the
water – trip swimming permission slip
not completed – inadequate lifeguard to bather
and counselor to camper ratios, etc.
Blue Item Violations: Swimming
Blue Item Violations: Swimming
• Most camp swimming activities are considered trip swimming.
• If your camp permit lists a pool or beach operation, when using those facilities, you can abide by on-site swimming requirements.
• When trip swimming occurs, each camper must have a signed statement of permission from a parent/guardian prior to participating. – This record of permission must be available during inspection.
Blue Item Violations: Swimming/Buddy System
• All camps must have a buddy system in place. – This is detailed in the camp’s safety plan. – All staff MUST fully understand what the camp’s buddy system is and
the importance of it being in place.
• Unless all campers are going to be considered non-swimmers, a swim test must be administered on all campers by a WSI.
• Once swim tested, campers should be paired with another camper of the same swim ability.
• The approved safety plan method to visually identify camper’s swim ability and method of accounting for buddy pairs and entrance/exit from pool/beach must be followed.
Blue Item Violations: Swimming/Buddy System
• The buddy system is an accounting system which identifies: – each bather by name. – the bather’s swimming ability . – the swim area the bather is assigned .
• The buddy system should be clearly explained to all campers.
– The camper’s buddy is the first layer of protection. – Camper orientation should stress the importance of this role.
Blue Item Violations: Swimming
• Camp staff should be familiar with how to deal with: – Campers not wanting to swim. – Restroom breaks. – Triples. – Buddies of different swim abilities.
Blue Item Violations: Swimming
• Camp staff must all have buddy pairs and swim ability in place and documented prior to anyone entering the water.
• Camp staff must be aware of the camp’s method to adjust and account for campers: – Who do not want to swim at all. – Who stop swimming prior to the end of the swim session. – Who have to briefly exit the water for bathroom use, first aid, etc.
• Any changes made to the buddy pair MUST be reflected on the camp’s buddy sheet, buddy board, etc.
• Camp operators may want to review their method of accounting and discuss with staff to ensure adjustments can be easily made and documented clearly.
Blue Item Violations: Swimming
• Camp staff is the second layer of protection and they have an equally important role at the waterfront. – Staff must actively supervise campers. – If camp staff observe a camper swimming alone/not paying attention
to their buddy, staff must address the camper and reinforce the buddy system to the buddy pair.
• Staff should be spread out to provide adequate supervision as needed based on the camps use of the aquatic facility. – Staff should not be positioned in one location. – Staff should be actively supervising and not socializing!
Blue Item Violations: Swimming
• Staff orientation should address items including: – Adequate supervision ratios at waterfront.
o Staff need to meet ratio requirements, which should be pre-determined prior to bathers entering the water.
o Swim ability zones should be determined. o Non-swimmers should generally be restricted to water less than chest
deep. o Keep in mind, in the non-swimmer section the water level may vary
greatly enough that some of your campers may require a 1:3 ratio.
Blue Item Violations: General
• This category encompasses pest control, transportation, maintenance of pathways and trash
• #7 cited blue violation in 2018
# 7 Cited Blue Item Violation: General
• What is commonly cited under blue violation #61? – Poison ivy along pathway – Dead tree branches above
areas used by campers – Tripping hazards present – Toxic chemicals not secured
• Art supplies • Pool chemicals
Blue Item Violations: General
• During the pre-operational inspection, pathways and all areas used by campers should be checked for – Tripping hazards – Overhead dead branches – Poisonous plants
• Keep all chemicals in locked storage when not in use and have staff
monitor them when in use.
• During the camp season, routinely monitor areas used by campers to ensure hazards are not present.
Blue Item Violations: Fire Safety
• This category encompasses construction, building standards, electrical and fire safety, exit maintenance, fire safety equipment, storage and maintenance of flammable equipment
• #s 8 and 10 cited blue violations in 2018
Cited Blue Item Violations: Fire Safety
• Commonly cited blue violations under #s 54 and 55 include: – Fire drill log not maintained – Fire drill not conducted within
48 hours of session start – Fire drill log lacks sufficient
information – Exits locked or obstructed – Fire extinguishers past due
for inspection – Exit signs not maintained
Blue Item Violations: Fire Safety
• During the pre-operational inspection, ensure lighted emergency exit signs and fire extinguishers have up-to-date inspection.
• During the camp season, routinely check fire exit doors/route to ensure they are unobstructed.
Blue Item Violations: Fire Safety
• Fire drills must be conducted during the first 48 hours of EACH session.
– Document the date, start and end time, and those in attendance. – As with orientation training, be sure to have a method to document
that fire drill procedures were reviewed with those campers who were absent (Camper Orientation requirement).
• Be sure to inform us of any changes to the email address we have on record to notify your camp of any important camp related items (i.e. camp workshop).
• Changes or additional email addresses to be added can be sent to: - [email protected] - [email protected]
Email Updates
Questions?
For More Information
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