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March/April 2014 2 | SDAO Board of Directors, Board of Trustees, Executive Director, and Mission Statement Calendar Programs and Coverages Contact Information 3 | Making Water Treatment Projects More Accessible to Oregon Communities WaterWatch of Oregon v. Water Resources Department ("Cottage Grove Case") BAIRD: A Strong Partner for Oregon Special Districts 4 | A Valentine from the IRS: Final Pay or Play Regulations 5 | "Click-It" Every Time You Ride Cold Snap Costs SDIS Program Over $300K in Losses 6 | SDAO Awards Program Gives Recognition to Our Members 10 | 7 Tips to Be a Smart Healthcare Consumer 11 | Thank You to Our Conference Speakers, Sponsors, Exhibitors, and Door Prize Contributors Back Cover New Award Created by SDAO Awards Committee In this issue... continued on page 10 Medical Questionnaires for Respirator Use Several members have recently asked, “How oſten do we need to complete the medical quesonnaire for respirator use?” Since this queson has come up mulple mes in the past several months, we will take this opportunity to lay out SDAO Risk Management's best pracce recommendaons based on the Oregon OSHA rule that applies to all of the special districts and schools in our workers' compensaon insurance pool. The following are benchmarks you should use to determine when medical evaluaon quesonnaires should be done. When you hire or re-assign someone to do a job that requires the use of a respirator, that person must have a medical quesonnaire reviewed by the district’s Licensed Healthcare Provider (PLHCP) prior to a fit test or use of a respirator. This protects both the employee and the district in case they have any pernent health issues. Aſter the inial screening, the PLHCP can require an addional screening if anything stands out on the quesonnaire. The next queson on people’s minds is usually, “Do I have to do the medical quesonnaire every year with fit tesng?” The answer is, "It depends." You should be in communicaon with the person reviewing your quesonnaires to see if they have a recommended schedule. Whenever there is a change in the workplace like the effort it takes to do the job, new PPE, or even significant long-term temperature changes a current medical quesonnaire is required to be reviewed. Besides the workplace, the change could be a change in the person, health-related changes like a significant increase or decrease in weight, starng or stopping smoking, or a medical diagnosis. The employee using the respirator can idenfy these changes. The supervisor, respiratory program administrator, the person doing the fit test, or the PLHCP can idenfy them as well. by SDAO Risk Management Staff

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Page 1: Medical Questionnaires for Respirator Use

March/April 2014

2 | SDAO Board of Directors, Board of Trustees, Executive Director, and Mission Statement

Calendar Programs and Coverages Contact Information3 | Making Water Treatment Projects

More Accessible to Oregon Communities

WaterWatch of Oregon v. Water Resources Department ("Cottage Grove Case")

BAIRD: A Strong Partner for Oregon Special Districts

4 | A Valentine from the IRS: Final Pay or Play Regulations

5 | "Click-It" Every Time You Ride Cold Snap Costs SDIS Program Over

$300K in Losses6 | SDAO Awards Program Gives

Recognition to Our Members10 | 7 Tips to Be a Smart Healthcare

Consumer11 | Thank You to Our Conference

Speakers, Sponsors, Exhibitors, and Door Prize Contributors

Back Cover New Award Created by SDAO Awards

Committee

In this issue...

continued on page 10

Medical Questionnaires for Respirator Use

Several members have recently asked, “How often do we need to complete the medical questionnaire for respirator use?” Since this question has come up multiple times in the past several months, we will take this opportunity to lay out SDAO Risk Management's best practice recommendations based on the Oregon OSHA rule that applies to all of the special districts and schools in our workers' compensation insurance pool. The following are benchmarks you should use to determine when medical evaluation questionnaires should be done.

When you hire or re-assign someone to do a job that requires the use of a respirator, that person must have a medical questionnaire reviewed by the district’s Licensed Healthcare Provider (PLHCP) prior to a fit test or use of a respirator. This protects both the employee and the district in case they have any pertinent health issues. After the initial screening, the PLHCP can require an additional screening if anything stands out on the questionnaire.

The next question on people’s minds is usually, “Do I have to do the medical questionnaire every year with fit testing?” The answer is, "It depends." You should be in communication with the person reviewing your questionnaires to see if they have a recommended schedule.

Whenever there is a change in the workplace like the effort it takes to do the job, new PPE, or even significant long-term temperature changes a current medical questionnaire is required to be reviewed. Besides the workplace, the change could be a change in the person, health-related changes like a significant increase or decrease in weight, starting or stopping smoking, or a medical diagnosis. The employee using the respirator can identify these changes. The supervisor, respiratory program administrator, the person doing the fit test, or the PLHCP can identify them as well.

by SDAO Risk Management Staff

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SDAO News and Risk Management Review | March/April 2014

PresidentDiedre Conkling, Lincoln County Library District

Vice President Lori Stirn, Hood River Valley Parks & Recreation District

Secretary Clark Balfour, Tualatin Valley Fire and Rescue

Treasurer Carl Tappert, Rogue Valley Sewer Services

Dan Bradley, Oak Lodge Water District

John Chirrick, Charleston Sanitary District

Shawn Gerdes, Arnold Irrigation District

Keith Hobson, Tualatin Hills Park & Recreation District

Don Mann, Port of Newport

Steve Schelb, Klamath 9-1-1 Communications District

Dan Schwanz, Hood River County Transportation District

Past- President Bob Keefer, Willamalane Park & Recreation District

SDAO Board of Directors

SDIS Board of Trustees

Executive Director

Chair Ted Kunze, Canby RFPD #62

Vice Chair Valarie Koss, Columbia River PUD

Secretary Donna Nichols, Oregon International Port of Coos Bay

Dave Crowther, Bend Metro Park & Recreation District

Mark Hokkanen, Tualatin Hills Park & Recreation District

Mike Jacobs, Tualatin Valley Water District

Rob Mills, Seal Rock Water District

Frank Stratton SDAO MAIN OFFICE PO Box 12613 Salem OR 97309-0613 TOLL-FREE: 800-285-5461 PHONE: 503-371-8667 FAX: 503-371-4781 EMAIL: [email protected] WEBSITE: www.sdao.com

Contact UsCLAIMS OFFICE PO Box 23879 Tigard OR 97281-3879 TOLL-FREE: 800-305-1736 PHONE: 503-670-7066 PROP/CAS CLAIMS FAX: 503-620-9817 WORKERS' COMP CLAIMS FAX: 503-620-6217 PROP/CAS EMAIL: [email protected] WORKERS' COMP EMAIL: [email protected]

Calendar

MissionThe mission of the Special Districts Association of Oregon is to assist special service districts in providing cost-effective and efficient public services to the people of Oregon.

• Liability Coverage• Automobile Liability Coverage• Crime Coverage• Property Coverage• Boiler & Machinery Coverage• Health Insurance Coverage• Workers' Compensation Coverage• Section 125 Plan• Life & Disability Coverages

Coverages

March 17 | Metro Breakfast, WilsonvilleApril 24 | Agents' Day, Salem

We are in the process of scheduling regional trainings in May, June, and July.

Details about SDAO trainings are posted on our Events page at www.sdao.com as information becomes available.

ProgramsBackground Check & Drug-Free Workplace, Claims Administration, Education and Training, Financing, Insurance, Legislative, Loss Control Consultations, Management Consulting Services, Pre-Loss Legal , and Research and Technical Assistance

Page 3: Medical Questionnaires for Respirator Use

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March/April 2014 | SDAO News and Risk Management Review

A strong partner for Oregon special districts.

© 2013 Robert W. Baird & Co. Incorporated. Member SIPC. MC-38071.

Special districts benefit from a partner who both understands the unique challenges and has the experience and network to address them. David Ulbricht and the Baird Public Finance Team provide a full range of debt management and financial advising services to Oregon special districts that include:

David C. Ulbricht Claire [email protected] [email protected]

Johanna Perrini [email protected]

503-472-9965 rwbaird.com/publicfinance

• SDAO endorsed FlexLease and FlexTRAN Financing Programs • Capital Financing Needs (General Obligation Bonds, Revenue Bonds,

USDA interim financings) • Debt Structuring, management and refinancing of loans and bonds • Bond Measure election assistance

Contact Baird to put proven Public Finance expertise to work for your district.

DEQ News Release:

Making Water Treatment Projects More Accessible to Oregon CommunitiesNew financing option now available

Communities throughout Oregon – particularly communities operating with limited funds – now have a new option to help them finance much-needed wastewater and other water treatment improvement projects. The Oregon Environmental Quality Commission has unanimously approved amended state rules which allow for longer-term financing for projects eligible under the state’s Clean Water State Revolving Fund program.For more information, please see the news release:http://www.oregon.gov/deq/docs/020514waterFinancingNR.pdf.

ENVIRONMENTAL HOT TOPICS AND LEGAL UPDATESYear 2013 Environmental & Natural Resources Law SectionIssue 5 OREGON STATE BAR

Editorʹs Note: This is a short excerpt from the original article. To view the article in its entirety, visit http://www.osbenviro.homestead.com/ and select the E-Outlook December 2013 Edition link.

WaterWatch of Oregon v. Water Resources Department(“Cottage Grove Case”)

By: Sarah R. Liljefelt, Managing Attorney at Schroeder Law Offices, P.C.

On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting the amended ORS 537.230(2) conditions. ORS 537.230(2) prescribes conditions for the Oregon Water Resources Department (“the Department”) to grant municipal permit extensions to complete construction and apply water to beneficial use in order to perfect water use rights. In this case, the City of Cottage Grove (“the City”) sought an extension, but then completed construction and application of water to beneficial use before the extension was granted. Based upon the language of the statute, the Department issued the extension without the ORS 537.230(2) conditions, and WaterWatch sought judicial review. The Oregon Court of Appeals reversed and remanded the Department’s final order.

The Cottage Grove Case is the first in a number of municipal extension judicial review cases. The statutory interpretation will affect numerous municipal entities throughout the State of Oregon, and require municipalities to implement water conservation management plans and protect the persistence of certain fish species when conducting staged water development that requires extensions of time. This will make staged development of water resources for municipal uses more challenging. It is currently unknown whether the Department or the City will seek review before the Oregon Supreme Court.

Read the entire article by clicking the E-Outlook: December 2013 Edition link at http://www.osbenviro.homestead.com/.

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SDAO News and Risk Management Review | March/April 2014

Barran Liebman Electronic Alerts Electronic AlertSM Volume 17, Issue 8By Iris Tilley February 11, 2014

A Valentine from the IRS: Final Pay or Play Regulations

On Monday, February 10, 2014, the IRS released final pay or play regulations under the Affordable Care Act (ACA). While these regulations do not stray far from the proposed regulations, they do provide some important clarifications as well as transitional relief. Key highlights from the final rules follow:

Transitional Relief for Mid-Size EmployersThe biggest news item that has come out of the final rules is transitional relief for applicable large employers with an employee count of 50 to 99 full-time equivalent employees. These employers will not be covered by the employer responsibility provisions of the ACA (also known as pay or play) until 2016 so long as they provide the required certification. Employers with 100 or more full-time equivalent employees will be covered by these rules starting in 2015.

New Guidance for New and Growing EmployersThe regulations generally provide that an employer must look to the prior calendar year to determine whether it is covered by the employer responsibility provisions of the ACA, but this is not possible for brand new employers. The final regulations direct brand new employers to make a determination as to large-employer status based on their reasonable expectations for employee count in the coming year. Where an employer was in business for part of the prior calendar year, it must use those months of business to determine whether it qualifies as a large employer.

For growing employers, the regulations brought some welcome relief. An employer that experiences growth within a calendar year and enters a new calendar year with an employee count that exceeds 50 full-time equivalent employees has until April of the first year in which it qualifies as an applicable large employer to extend coverage to any full time employees that were not otherwise covered. If it

fails to make this offer of coverage, penalties may be due for the full year, not just the period of April through December.

Additional Guidance for Particular Employee CategoriesThe final regulations provide clarification as to how employers should treat specific categories of employees including volunteers, educational employees, students working in a work-study program (federal or state), adjunct faculty, and employees working on an on-call basis.

Transitional Relief for Non-Calendar Year PlansEmployers with plan years with a start date other than January 1 can delay compliance with the employer responsibility provisions of the ACA until the start of their first plan year beginning in 2015.

Clarification on Measurement and Stability PeriodsThe final rules provide additional clarification on the operation of measurement and stability periods as well as a significant reduction in the period triggering the break in service rules--from 26 weeks to 13 weeks. This reduction will be important to employers that often have employees who return to employment after a period in which they provided no service to the employer. In these situations, so long as the employee does not work for the employer for a period of at least 13 weeks, the employee can be treated as a new employee upon his/her return, and the employee's prior service for the employer need not be considered for purposes of determining eligibility for health coverage. This shortened period does not apply to educational employers.

Where to Go for More InformationThe final regulations span 227 pages, so we could only touch on them in this format. The IRS has issued a fact sheet and posted a Questions and Answers page. For specific questions about your association, please contact SDAO at 800-285-5461.

***Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email Traci Ray at [email protected]. Copyright © 2014 by Barran Liebman LLP.

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March/April 2014 | SDAO News and Risk Management Review

Make it a best practice to fasten your seat belt every time you take a ride. It doesn’t

matter if you are the driver or a passenger, make fastening your seat belt be the first thing you do each time you leave. Whether you are traveling on a long trip or you are making multiple stops you should “click-it” every time.

We all know how easy it is to tell ourselves “it’s just a short distance” or “we’re on a back road away from anyone.” The law is the same no matter where you are. Always fasten your seat belt. Studies have shown most accidents occur within 50 miles of home or work. Many of the most serious injuries have occurred in vehicles with passengers that weren’t wearing seat belts.

Many people work for districts with job duties that require driving many miles every day. They may be by themselves or with passengers. But in all cases wearing your seat belt should be a priority. Just as many claims have come from accidents on a back road as from a heavily populated highway. Whether you have a job requiring you to stop a lot such as a meter reader, ditch rider for an irrigation district, or just someone that must ride or drive each day, be sure you make it routine to buckle up. The more you practice it, the less you’ll be thinking about doing it. So buckle up each time for safety sake!

Cold Snap Costs SDIS Program Over $300K in Lossesby SDAO P/C Claims Staff

The recent cold temperatures experienced by most of the state in December resulted in several property damage claims from frozen pipes. These claims will ultimately cost the SDIS program over $300,000 dollars – and we are not out of winter yet! These losses are going to be paid directly from your premium dollars, not by reinsurance or any other source. Water related losses from frozen pipes are largely avoidable so we need your help by following a few suggestions.

When temperatures are going to be low, maintain heat in buildings. Studies show a steady temperature in a building costs less in the long run than heating it up for day and turning off the heat at night. Plus, your heating bill will probably be less than your deductible if a loss occurs.

Wrap exposed pipes in drop ceilings or those that have exterior exposures. Leave cupboard doors open to maintain heat under sinks and drip a faucet. The water bill from a dripping faucet is also probably less than your deductible for property loss.

Maintain your thermostats and consider sending facilities people around to inspect buildings over a long weekend or if a property isn’t always occupied. Finding a small problem before it erupts is always a plus.

Thank you for helping to keep premiums low and affordable for you and over 900 of your neighboring districts.

“Click-It” Every Time You Ride

by Bob Ringering, SDAO

Page 6: Medical Questionnaires for Respirator Use

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SDAO News and Risk Management Review | March/April 2014

SDAO's Outstanding Special District Program Award recognizes innovative programs, outstanding safety, public information, public involvement in a district decision-making process, and outstanding projects/achievements. Three districts were selected to receive this award.

Districts with 5 or fewer employeesThe board members of Milton-Freewater Water Control District took the initiative to redo all banks, roads, gates and bridges within their eight mile boundary of easements.

It is the district’s responsibility to maintain the banks that protect the City of Milton-Freewater from flooding. Unfortunately, the district is very small and did not have a budget to do that. The banks were in such poor condition that the Army Corps of Engineers would no longer support them in the event of an emergency. This situation prompted discussion of disbanding the district. However, the board members worked together to make sure that didn’t happen. With bond money from government entities, government representatives, lottery funds and the passage of a local bond, they were able to secure $7.25 million for the district’s projects.

Very few districts have initiated such an undertaking or even know how to begin this type of process. The board members realized the importance of saving Milton-Freewater and were able to convince the city to understand as well. As a result, the safety of the community has increased and the district is working with the Army Corps of Engineers, Oregon Department of Fish and Wildlife and local tribes to ensure that it is maintained.

Districts with 6-25 EmployeesOak Lodge Sanitary District constructed their new Water Reclamation Facility to replace the existing 50 year-old sewage treatment plant.

The 50 year-old infrastructure was suffering from neglect and obsolescence. Water quality violations were occurring because the plant could not provide adequate treatment. A new plant needed to be built but rates were inadequate to fund the project.

Manford Anliker

William Wild

Special Districts Association of Oregon

Awards Program

2013-14

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March/April 2014 | SDAO News and Risk Management Review

A committee was formed in order to gain community involvement and support. A Master Plan Community Advisory Committee helped to select design elements of the project and worked to inform the broader community of the benefits of pursuing the project. A Good Neighbor Plan was also developed with input from the committee and neighbors to assure that the construction did not disrupt the neighborhood and that the final project was an amenity to the community.

In the midst of the Great Recession, the district gained voter approval to fund and construct the new $61 million facility. Rates were increased by 60% over 5 years with community support, GO Bonds, Infrastructure Finance Authority funds, and Clean Water State Revolving funds were used with $10 million cash to fund the project.

Districts with 26 or more EmployeesIn July 2013, Salem Area Mass Transit District officially opened their new transit center in the city of Keizer. Described as a “jewel of a project,” the sustainably designed center reflects the district’s strategic approach to transit service. The project included a small park and ride facility, carpool drop-off and pickup, eight bus bays, covered bike parking, a passenger waiting area, restrooms, and an operator break room.

Unlike most transit centers, the Keizer Transit Center was planned and designed to be a community learning tool and inspiration, a demonstration of sustainable building techniques, and a center with low, long-term maintenance costs for the district. To accomplish this, the facility was designed with a green roof, photo voltaic solar panels, a ground source heat pump, electric vehicle charging stations, a storm water catchment system to capture and treat 100% of storm water on site, and many other features.

In addition to adding benefit to the community of riders, Salem-Keizer Transit has a favorable impact on a region’s overall sustainability and air quality. Transit centers are a key element in the planned development and expansion of the district and service; helping make transit a more sensible, popular choice.

Allan Pollock

The SDAO Awards Program gives recognition to member districts for accomplishments which allow them to provide better service to the public and honors individuals who have greatly contributed to the success of their organization. These awards celebrate the ingenuity, creativity, and diversity of our members. Within this program are two special recognition award categories: Outstanding Special District Program award, and Outstanding Special District Service award.

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SDAO News and Risk Management Review | March/April 2014

Our Outstanding Special District Service Award recognizes board members, managers, staff members, and volunteers who have contributed substantially to the improvement and successful operation of their special district. Four individuals have been selected to receive this year’s award.

Board Member Bernard Ingle has been an active member of the Board of Directors for the Ontario Rural Fire Protection District #7-302 for over 54 years. He has served as Secretary since the inception of the district in 1959. In that time, he has never missed a meeting. Bernard has always made himself available should any situation or issue arise. It can be something as simple as a needed signature or as big as making a decision on a

major project. Over the years, he has overseen many changes, issues, and improvements to the district. His dependability exceeds all expectations.

Even in retirement, Bernard has always managed to make the district a top priority. He genuinely looks forward to monthly meetings and will often visit the office to check in. He is always very supportive and cares greatly about the staff.

ManagerRetired Chief John Buchanan completely transformed Siuslaw Valley Fire and Rescue. In 1996, he joined the district which was known as Siuslaw Rural Fire Protection District. It was staffed with one full-time fire chief, one half-time finance officer, and about 30 volunteers. The equipment was in poor shape and the yearly budget was $250,000.

Chief Buchanan had a different vision. He wanted the department to provide services equal to a career department. His first plan was to create a new state-of-the-art fire station that could better serve the area. He served as construction project manager in addition to designing the layout of the building.

In 1999, Chief Buchanan began the complex process of facilitating an inter-government agreement with the City of Florence to extend fire protection services to the City. SVFR and the City of Florence worked together to successfully merge two agencies with different funding levels, equipment, culture, and levels of services.

One of the qualities that make Chief Buchanan an exceptional leader is his ability to network, collaborate and seek out funding opportunities to improve services for the District. His efforts enabled the district to receive 14 grants from FEMA and the US Department of Homeland Security totaling $1.5 million to purchase emergency services apparatus for land, dunes and water, as well as communication systems.

Chief Buchanan recently announced that at age 73 he would retire for the fire district. The district is forever indebted to him for his exemplary service to the greater Florence area.

EmployeeJenne Reische is the sole staffer for Clackamas County SWCD’s riparian and stream habitat program. She provides program planning and leads the district’s efforts in these areas.

In the last two years, Jenne has managed two significant projects for the district. The Milk Creek vegetated log matrix project included improving fish habitat, slowing the velocity of water during high flows, reducing bank erosion, and recruiting additional wood and gravel.

Bernard Ingle

Chief John Buchanan

Jenne Reische

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March/April 2014 | SDAO News and Risk Management Review

Thank you to the Awards Committee for all their hard work in the selection process. Members include:• John Chirrick, Charleston Sanitary District • Mark Hokkanen, Tualatin Hills Park & Recreation District• Andrea Klaas, Port of the Dalles• David Lindelien, Lane Transit District • Rob Mills, Seal Rock Water District• Donna Nichols, Oregon International

Port of Coos Bay• Brian Steward, Boring Fire District• Lori Stirn, Hood River Valley Parks & Recreation District• Randy Sword, Klamath 9-1-1 Communications District

We also wish to thank David McGinnis of Capitol City Video for producing this year’s awards video. –photo by Pete Koss

The second project that Jenne managed was the removal of a fish-blocking dam on Corral Creek. She convinced landowners that the old, unused dam was of no use to them and removing it would provide substantial additional habitat for listed salmon species. Jenne also found engineering support and additional financial support for the project.

Jenne creates lasting relationships with her customers, allowing the District to address natural resource issues productively over several years. The people she works with and the customers she serves trust her knowledge, skills, and abilities, because she shows over and over again that she gets the job done, it’s done right, and in a way that balances the needs of people with the needs of our natural resource base.

VolunteerWendy Kroger has devoted over 1,000 hours of her time to volunteer work for Tualatin Hills Park and Recreation District. She is an active advocate who is dedicated to seeing a project through implementation. Her most notable accomplishments came with her service as the Trails Advisory Committee Chair. Under her leadership and support, she helped facilitate the update of the THPRD Trails Master Plan, as well as the construction

and completion of several trails within the district. Wendy advocated for trails at neighborhood meetings, wrote letters of support, and testified for grant applications.

Her most remarkable feat was the approval of the Fanno Creek Trail/Hall Boulevard Crossing Project. This project created a plan to construct a bridge overpass in an effort to create a continuous trail, as well as protect user safety as there was not a street crossing available.

Even though a final design was approved, funding was not available for construction. Partnering with the City of Beaverton, a temporary crossing was constructed with an anticipated opening date by the end of 2013. Without Wendy’s dedication and passion for the project, it may not have been built for years to come.

Wendy Kroger

SAVE THE DATE!2015 SDAO Conference

February 6-8Pre-Conference, February 5

Eugene, Oregon

Photo by Bob Murch

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SDAO News and Risk Management Review | March/April 2014

Medical Questionnaires for Respirator Usecontinued from front cover7 tips to be a

SMART healthcare CONSUMER

For more information, visit PacificSource.com/ smart-healthcare

1. Maintain a healthy lifestyle

2. Practice prevention and self-care

3. Selecthealthcareproviderscarefully

4. Look for ways to save money

5. Seekreliablesourcesofinformation

6. De-stress the right way7. Take an active approach

in preventing medical errors

7 tips to be a SMART healthcare CONSUMER

For more information, visit PacificSource.com/ smart-healthcare

1. Maintain a healthy lifestyle

2. Practice prevention and self-care

3. Selecthealthcareproviderscarefully

4. Look for ways to save money

5. Seekreliablesourcesofinformation

6. De-stress the right way7. Take an active approach

in preventing medical errors

7 tips to be a SMART healthcare CONSUMER

For more information, visit PacificSource.com/ smart-healthcare

1. Maintain a healthy lifestyle

2. Practice prevention and self-care

3. Selecthealthcareproviderscarefully

4. Look for ways to save money

5. Seekreliablesourcesofinformation

6. De-stress the right way7. Take an active approach

in preventing medical errors

SDAO Risk Management recommends a best practice of a routinely scheduled medical questionnaire that would be reviewed by the PLHCP at regular intervals in addition to the initial and change-related questionnaires. Some districts choose a three-year interval or a five-year interval. Requiring a regularly scheduled questionnaire review will help to identify potential health risks before a costly incident occurs.

Visit Oregon OSHA’s rule on respiratory protection at http://orosha.org/pdf/rules/division_2/div2_i.pdf.

Excerpt of Oregon OSHA’s Respiratory Protection Rule

29 CFR 1910.134(e) (1) General. The employer shall provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace.

(3) Follow-up medical examination.

(i) The employer shall ensure that a follow-up medical examination is provided for an employee who gives a positive response to any question among questions 1 through 8 in Section 2, Part A of Appendix C or whose initial medical examination demonstrates the need for a follow-up medical examination.

(7) Additional medical evaluations. At a minimum, the employer shall provide additional medical evaluations that comply with the requirements of this section if:

(i) An employee reports medical signs or symptoms that are related to ability to use a respirator;

(ii) A PLHCP, supervisor, or the respirator program administrator informs the employer that an employee needs to be reevaluated;

(iii) Information from the respiratory protection program, including observations made during fit testing and program evaluation, indicates a need for employee reevaluation; or

(iv) A change occurs in workplace conditions (e.g., physical work effort, protective clothing, temperature) that may result in a substantial increase in the physiological burden placed on an employee.

Questions? Contact SDAO's Risk Management staff at [email protected] or 800-285-5461.

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March/April 2014 | SDAO News and Risk Management Review

Thank you To our conference speakers, sponsors, exhibitors, and door prize contributors!

ExhibitorsAbbey SystemsBaird Public FinanceBELFOR Property Restora� onCaselle IncD.A. Davidson & CoEnergy Trust of OregonHR Answers Mersereau Shannon LLPOregon Business Development DeptPaci cSource Health PlansRH2 Engineering IncRuralite ServicesSpecial Districts Insurance ServicesServPro of Douglas Cty/S Eugene/FlorenceSpectrum Building and Restora� onStandard Insurance CompanyUSDA Rural DevelopmentVALIC Financial Advisors IncWedbush Securi� esWells Fargo BankWHA InsuranceWillame� e Community Bank

SponsorsBaird Public FinanceBrown & Brown NorthwestCentury Insurance GroupGenesis Underwri� ng Management CompanyHart Wagner, LLPKeyBankMersereau Shannon, LLPPaci cSource Health PlansStandard Insurance Company

SpeakersAdverse weather prevented several speakers from presenting during the conference. However, each of the individuals listed below contributed time, energy, and materials to the success of the conference.John Andrade, General Manager | Bio-Med Tes� ngKrishna Balasubramani, A� orney | Satherly, Byerly & Holloway, LLP Jamie M. Carlton, A� orney | Satherly, Byerly & Holloway, LLPSco� Christopher, Closing SpeakerJudith (Judy) Clark, SPHR, IPMA-CP, President | HR Answers Inc.Sean Curry, Director | Jackson County Fire District 5Eileen Eakins, A� orney | Law Offi ces of Eileen EakinsJill Goldsmith, President | Workplace Solu� ons NWRonald G. Guerra, A� orney | Jordan Ramis PC Chief J. Kevin Henson | Marion County Fire District #1Deborah Jeff ries, PHR, CPC | HR Answers, Inc. Thomas I. Kramer, A� orney | Bullard LawChief Gary McQueen | Sandy Fire DepartmentChristy K. Monson, A� orney | Speer Hoyt LLC, Local Government Law GroupRobert G. Moody, A� orney | Talbot, Korvola & Warwick LLP Vanessa Polvi, Wellness Consultant | Paci cSource Health PlansDetec� ve Micah Smith – SCERS, EnCE | Linn County Sheriff ’s Offi ceMorgan Smith, A� orney | OSBA Don Tro� er, Board Member | OFDDA Steve Uzzell, Keynote SpeakerSDAO Staff :Ron DownsGeorge DunkelChelsea HarrisonChad KosierackiJason JantziJens JensenMark Landauer

Bob RingeringAubrey Sakaguchi, MEHSGeoff SinclairJordan SnyderHasina SquiresFrank Stra� onGina Wesco�

Page 12: Medical Questionnaires for Respirator Use

PO Box 12613Salem OR 97309-0613Toll-free: 800-285-5461Phone: 503-371-8667

Fax: 503-371-4781E-mail: [email protected]: www.sdao.com

PRSRT STDU.S. POSTAGE

PAIDSALEM, OR

PERMIT No. 263

Download this newsletter online at http://ref.sdao.com/newsletters/14marapr.pdf

• SDAO Awards Program Gives Recognition to Our Members

• Cold Snap Costs SDIS Program Over $300K in Losses

• A Valentine from the IRS: Final Pay or Play Regulations

…and much more!

In this issue...

New Award Created by SDAO Awards CommitteeThe Howard Terpenning Lifetime Achievement Award is named in honor of Howard Terpenning to commemorate his many years of devoted service to the people of Oregon. This award has been established to honor an individual for their public service career accomplishments and contributions to an Oregon special district and the Special Districts Association of Oregon.

The SDAO Awards Committee selected Chuck Petersen as the first recipient of the Howard Terpenning Lifetime Achievement Award.

Chuck Petersen started his public service career with the US Forest Service where he was employed in various positions for more than 37 years. After losing his leg from a logging accident early in his career, Chuck persevered by maintaining a very active life with his calling for public service.

After retiring from the forest service, Chuck continued his passion for public service by managing West Slope Water District in Portland for 7 years and serving on the board of Oak Lodge Sanitary District, Oak Lodge Fire District No. 51, the budget committee for Oak Lodge Water District, Clackamas Vector Control District, and as the SDAO representative for the Oregon Water Utilities Council and the Metro Policy Advisory Committee (MPAC).

Chuck’s involvement with special districts led him to join the SDAO Board of Directors in 1987 where he served until 2006, after completing a two year term as the Association’s Board President. He also served as the liaison between the Board and Insurance Trust for 11 years. In 2006, Chuck was then appointed to serve on the SDIS Board of Trustees until his recent retirement in 2013.

Howard Terpenning

Chuck Petersen