By

Michael A. Swain, ARM, SCLA

Sr. Loss Control Specialist

Markel Insurance Company

Risk Management Strategies for Child Care

& Early Childhood Education Programs

Before we get started

Not A Lawyer

This is a workshop in Risk Management. The information

presented today is in the interest of increasing awareness

on safety and prevention.

Not an Insurance Agent

They are the best resource to discuss your coverage needs.

What are W.A.M.S.?

W = World

A = According to

M = Michael

S = Swain

Risk management focus areas

For early education providers, risk management practices need to support business continuity and safety.

Four key areas of focus:

• Liability exposures

• Auto exposures

• Property protection

• Workers Compensation

5

Outlines

Reducing liability exposures

Tips for maintaining a safe transportation program

Helpful tips for the protection of business property

Workers compensation

Objectives

• Help to identify some of the most frequently occurring liability losses that occur in an early education environment

• Gain practical knowledge of easy to implement strategies designed to support your ongoing efforts to maintain a safe and productive center.

• Provide proven risk management concepts that can help reduce the likelihood of accidents and losses from occurring at your center.

• Generate Ah-Ha! moments

The Concept of S.E.A.

Using S.E.A. to strengthen your center’s

safety and risk management efforts

-S – Supervision

-E – Education

-A – Accountability

Risk Management Words of Advise

“Never assume anything with children, be prepared for the unexpected, and anticipate problems.”

Major Cause of Death and Seriously Debilitating Injury

1. Entanglement of clothing, strings or ropes

2. Falls to hard underlying surfaces

3. Head/neck entrapment in equipment openings

4. Impact by tipped or loose equipment, or moving swings

Falls

Falls

Falls

Falls CRITIAL HEIGHTS (in feet) OF TESTED

MATERIALS

Public Playground Safety Handbook

COMPRESSED DEPTH

9 INCH

Fall Height

(feet)

Wood Chips

10

Double Shredded Bark Mulch

(non-CCA)

7

Engineered Wood Fibers

6

Sand

4

Pea Gravel

5

Shredded/recycled rubber

10

Falls

Appropriate Surfacing

• Any material tested to ASTM F 1292, including

• Unitary surfaces, engineered wood fiber, etc.

• Pea gravel

• Sand

• Shredded/recycled rubber mulch

• Wood mulch (not CCA-treated)

• Wood chips

Inappropriate Surfacing

• Asphalt

• Carpet not tested to ASTM F 1292

• Concrete

• Dirt

• Grass

• CCA treated wood mulch

Falls Use Zone

• The surface under and around a piece of equipment onto which a child falling from or exiting from the equipment would be expected to land. These areas are also designated for unrestricted circulation around the equipment.

Falls

Make sure play structures more than 30” high are spaced at least 9 feet apart

Look out for tripping hazards, like exposed concrete footings, tree stumps, and rocks

Make sure elevated surfaces, like platforms and ramps, have guardrails to prevent falls

Check playgrounds regularly to see that equipment and surfacing are in good condition

Falls - Indoors

For Indoor Play Equipment

• Choose mats at least 4 inches thick or floor safety tiles tested according to ASTM F 1292 for elevated play structures

• Ensure play equipment and mats are securely anchored so they do not move when hit

• Maintain close proximity supervision at all times

Indoor Fall Hazards What’s wrong with this picture?

Supervision

Education

ETC.

Position for

safety

Equipment safety

Supervise don’t play

Line of sight

Inspect field of

play

Control behaviors

Ratios

First aid

Playground supervision

Eliminating Slip, Trip and Falls

• Follow safety recommendations from your insurance company

• Inspect walkways frequently

• Remove tripping hazards immediately

• Secure area rugs

• Implement a wet/snowy weather action plans

• Place absorbent mats at water fountains & water tables

• Dry mops continuously

• Document center cleaning procedures

• Be on the lookout for “Black Ice”

• Gutter downspouts empty away from walking paths

Eliminating Slip, Trip and Falls

Appoint a Slip, Trip and Fall “Watchdog” No hazards while I

am on the job!

Supervision

–Develop a supervision policy and provide a copy to parents

– Outline what is acceptable behavior

– Outline your discipline policy

–Always keep parents/ guardians well informed

–Maintain appropriate supervision ratios

–Opportunity for stress relief

Supervision/ Preventing Abuse

• Directly supervise infants, toddlers, and preschool children by sight and hearing at all times

• Never leave a younger child with an older child

• Avoid situations that allow one-on-one interactions – Adult-to-Child – Child-to-Child

• Report situations that make you uncomfortable immediately

• Background Checks – staff, volunteers, anyone involved with children

• Regularly count children on a scheduled basis Transition events Transportation

Abuse – Sexual & Physical

Facility Design – Applying

CPTED Inside Your Facility

• Limit and control access points at all times

• Maximize visibility throughout your facility

• Secure unused spaces and limit access

• Bathroom design issues

• Identify spaces in your facility that require modification (hard to see areas, bathrooms, etc.)

Avoiding Physical Abuse

• Be aware of children in your care Age, size, gender Size is especially important during athletic

activities and field games

• Avoid situations that allow one-on-one interactions Adult-to-Child Child-to-Child

• Report situations that make you uncomfortable immediately

• Imperative that staff understands what conduct is appropriate and what is inappropriate.

• Inappropriate conduct includes: – Telling sexual jokes or stories, – Making sexual comments, – kissing, – Unnecessary touching – Sitting too close or lying next to a child or teen – Confiding in a child or teen about personal issues – Etc. – How might you define etc.?

Education

Education

Active and positive supervision involves:

(Caring for Our Children: National Health and Safety Performance Standards)

• Knowing each child’s abilities

• Establishing clear and simple safety rules

• Being aware of potential safety hazards

• Standing in a strategic position

• Scanning play activities and circulating

• Focusing on the positive rather than the negative to teach a child what is safe for the child and other children

Supervision

• Know the history of your clients – Medical history

– Medical release form – Emergency telephone numbers – Contact protocols – Allergies

– Behavioral issues

Supervision

– Review Your brochures/websites and

applications

– Any guarantees of safety which are made in your literature or marketing materials are an invitation to be sued.

– Any questions left blank by parents on applications should be considered answered in the most negative context.

– Have a written & practiced crisis response plan

– Policies, procedures and training documented

– Website security

– Social media policy

– Review and maintain video survellience

Aquatic Supervision

• National SAFE KIDS Campaign shows that nearly 9 out of 10 children between 1-14 who drowned were under supervision when they drowned.

• Adequate supervision means not sitting poolside reading, socializing with guests, chatting on the phone or listening to music with a headset

• Overall - Be Vigilant – Toddlers = 1:1 – Preschoolers = 4:1 – School Age = 6:1

• Virginia Graeme Baker

Pool & Spa Safety Act

• You are accountable

Finger Caught in Door

• Doors – Finger Pinches

–40 Tons Per Square Inch

– Shattered Glass

– Opening Zone

–Holding the door for parents

Finger Caught in Door

– Safety Caps On Panic Hardware

– Delayed Automatic Door Closures

– Visual Safety Zone

• Doors

– Finger Pinch Guards

– Hinges Firmly

Installed

Driver Behaviors

“Driver inattention is the leading factor

in most crashes and near-crashes”…

National Highway Traffic Safety Administration –Nearly 80% of crashes and 65% of near-crashes involved some form of driver inattention within 3 seconds before the event.

Supervision

•Never leave a

child alone in a vehicle!

•Check vehicle before you leave

Transportation Safety Issues - Child Passenger Safety LEGAL – Children Left Alone in Vehicles

• Only 19 states have laws prohibiting leaving a child unattended in a vehicle.

• The remaining 31 states do not have laws specifically against leaving a child unattended in a vehicle.

• Currently 13 states have proposed legislation that would make it a crime to leave a child unattended in a vehicle.

• An Associated Press (AP) study examined both the frequency of prosecutions and length of sentences in hyperthermia deaths - "Wide disparity exists in sentences for leaving kids to die in hot cars"

• Charges were files in 49% of all the deaths. 81% resulted in convictions.

• In cases with paid caregivers (i.e., childcare workers, babysitters) 84% were charged and 96% convicted

• Only 7% of the cases involved drugs or alcohol

Driver Behaviors

–Enforcement is the most effective anti-speeding tactic –Establish safe driving

policies

–Hold employees accountable

Your organization can help reduce the risk of accidents by: Establishing clear, comprehensive, and enforceable safe driving policies and holding employees accountable.

Asking employees to sign an agreement that acknowledges their understanding of policies regarding driver performance, vehicle maintenance, and reporting of moving violations.

Creating a safe driving culture by posting policies throughout your building, distributing copies periodically, and discussing at staff meetings.

Offering incentives for sticking to the rules and pointing out the consequences of disregarding them.

Your organization can help reduce the risk of accidents by: Actively encouraging employee involvement at all levels.

Periodically testing drivers to validate safe driving practices.

Obtaining Motor Vehicle Records (MVRs) and criminal background checks on all drivers.

Prohibiting cell phone use when operating a vehicle. If the phone must be used, require the driver to stop the vehicle.

Adding additional adult supervision when transporting children.

Reviewing all crashes to determine the cause and future preventive measures.

Operator Selection

Analyzing operators’ job function

Recruiting applicants

Completing and reviewing application forms

Interviewing applicants

Checking applicants’ experience

Checking applicants’ motor vehicle records

Determining the physical fitness of applicants

Administering road tests to applicants

Conducting employment interviews

Establishing driver qualification files

Reducing Liability Trends

• Evaluate your accident patterns

• Establish a safety committee

• What kind of accidents do you see in your center?

• Repetitive accident patterns – Location – Activity – Type

• How was the activity controlled?

• Take corrective actions

• Measure your results

Education

• Avoid Potential Errors in Judgment Desire to please others Trying to adhere to a schedule Misperception New or unexpected situation Fatigue Distraction Miscommunication of participants and/or staff Disregarding instincts

Define Accountability and Hold Each Other Accountable before Someone Else Does!

Failure to Plan for Emergencies

Emergency Action Plan (E.A.P.)

• Helps speed your response to emergency situations

• Can reduce injury severity

• Mitigate damages associated with a catastrophic event

• Save lives

• NOT JUST AN EMERGENCY EVACUATION PLAN

Emergency Action Plan

Pre-incident guidelines

• Assign specific responsibilities to staff

• Cross-training

• Post emergency contact information

• First-aid training

• Gain familiarity with what might happen and where emergency resources are located

• Practice

Post-incident guidelines

• Procedures for contacting emergency services/ contractors

• Evacuation

• Documentation

• Insurance company involvement

• Crisis management response

• Additional training

45

Written Crisis Management Plan

“In a crisis, you don’t rise to the occasion. You sink to the level of your training.”

- John Rennie (Scientific American)

46

Written Crisis Management Plan • The structure of the crisis management hierarchy, including the

chain of command, composition, and general responsibilities of the emergency teams appointed.

• Evacuation instructions, including explanations of alarm signals and diagrams of exit routes.

• Loss prevention and loss reduction procedures organized by peril (natural, human, or economic) and separated into pre- and post-event measures.

• Procedures, addresses, and telephone numbers for contacting the fire department, police, medical services, pollution-control personnel, and other sources of help, including senior management.

• Communication procedures during and after the emergency, especially procedures to notify employees of progress towards resuming operations. Also address who will manage media inquiries

Fire department pre-incident plan • Increases a fire department’s readiness for possible

emergency incidents in the community

• Fire department records information about the business in advance

• Best way to extinguish a fire

• Identifies areas of the building that are vital to a business and its ability to function

• Identifies a building’s construction, the location of hazardous material and the building’s floor plan.

• Handle other emergency situation

• Contact your local fire department for assistance

Preventing loss from water damage

• Check the roof after storms for damage that can result in future leaks. Keep your roof drainage and ventilation systems free of debris.

• Inspect flashing and sealants for brittle or noticeable gaps. Reseal or apply new caulk as needed.

• Inspect foundations and exterior walls for cracks and gaps in expansion joints.

• Check interior walls and ceilings for humidity, stains, and moisture—signs of potential roof leak.

• Don’t hang things from sprinkler system heads

• Don’t forget to protect electronic equipment at the close of business as a routine procedure. Dust covers for computers, telephones, and other sensitive electronics provide protection should a roof leak or pipe burst. It is also recommended to keep computer equipment above ground level.

Preventing loss from theft and burglary

• Increase lighting around your building. Install these lights so they are difficult for thieves to reach and disarm. The brighter the light, the better.

• Install shatterproof glass on windows that allow easy access to your building, such as exterior door windows, windows within 40 inches of the doorknob, basement windows, and office door windows.

• Keep your premises free of debris. Trim trees away from buildings so burglars can’t climb them to gain access to windows or the roof. Keep shrubbery low and clipped, so it offers no hiding place for perpetrators. Store ladders indoors or on their sides and securely anchored when not in use.

• Install double cylinder deadbolt locks with 2-3/4 inch deadbolts on exterior doors.

• Lock doors to rooms where electronic equipment and cash is stored.

• Make electronic equipment difficult to steal by bolting the item’s base to the floor or a desk.

• Etch or paint your center’s name on equipment.

Controlling vandalism

• Install bright outdoor lighting.

• Minimize hedges, fences, and other sight-blocking features

• Develop and practice procedures for notifying and cooperating with police.

• Hold employees accountable for maintaining and complying with these controls.

• Join a business watch program. Contact your local police department for information on these programs in your area.

Workers Compensation Risk Management

Physical Controls:

• Process changes

• Materials Substitutions

• Isolation

• Wet methods

• Guarding

• Ventilation

• Maintenance

• Housekeeping

• Personal protective equipment

Procedural Controls:

• Education and training

• Standard operating procedures (SOP)

• Proper supervision

• Medical controls

• Job rotation

General control methods for protecting the health potential of personnel:

• Physical Controls

• Procedural Controls

Workers Compensation Risk Management

Timely reporting can help reduce:

• Lost time from work

• Medical cost associated with employee injury

Workers Compensation Risk Management

Rehabilitation management:

• Developing and implementing a plan to return an injured or a disabled person to work

• The objective is to create the best environment for a speedy, cost-effective, and psychologically beneficial recovery

Key factors of success:

• Person’s rehabilitation potential

• Medical treatment received

• Communication and coordination among all persons who are likely to influence the injured person’s recovery

References

• Consumer Product Safety Commission (CPSC) Handbook for Public Playground Safety - www.cpsc.gov

• VA Graeme Baker Pool & Spa Safety Act

- www.cpsc.gov/businfo/poolspacomply.pdf

- www.cpsc.gov/cpscpub/prerel/prhtml09/09065.html

• American Society for Testing and Materials (ASTM 1292)

- www.astm.org

• Caring for Our Children – Health and Safety Standards

• National SAFE KIDS Campaign

- www.safekids.org

• National Program for Playground Safety

- www.uni.edu/playground

Resources

– National Program for Playground Safety www.playgroundsafety.org

– National Recreation and Park Association

National Playground Safety Institute

www.nrpa.org

– Consumer Product Safety Commission

– Handbook for Public Playground Safety

– Outdoor Home Playground Safety Handbook

www.cpsc.gov

– Caring For Our Children, Health and Safety Standards – Second Edition

– Playground Magazine

– The Dirty Dozen - Handout

Thank You! Michael A. Swain Markel Insurance Company 4600 Cox Rd Glen Allen, VA 23060 804-527-7544 mswain@markelcorp.com www.childcareinsurance.com