RISK MANAGEMENT POLICIES
May, 2003

TABLE OF CONTENTS

1.0 SAFETY POLICY

The North Dakota Department of Agriculture ("Department") recognizes the safety, health and well-being of our employees as a high priority in the daily functions of Department operations. To create safe conditions for operations and promote safe practices for our employees, we comply with all governmental mandated rules and regulations as they apply to Department activities. This compliance and commitment from all levels of management ensures a safe work environment.

To maintain good claims management, the Department also has a goal to reduce and keep accidental manpower and monetary losses to a minimum. We strive to meet this goal with proactive loss prevention, health, safety and environment management; quality claims management; and protection of Department assets.

1.1 MANAGEMENT RESPONSIBILITIES:

1.1.1 Demonstrate leadership in developing proper attitude toward environmental health and safety.

1.1.2. Develop safety rules, safe operating procedures and regulations, training aids and instructional materials as they pertain to Department activities. Safety or health concerns raised will be investigated. Solutions to concerns will be a priority.

1.1.3. Provide necessary resources to conduct activities safely and ensure a workplace free of recognized hazards.

1.1.4. Promote health and safety awareness and safe work practices, provide routine facility and equipment maintenance, and plan and prepare for emergencies by conducting training and drills.

1.1.5 Require employees to follow Department safety rules and procedures.

1.2 EMPLOYEE RESPONSIBILITIES

1.2.1 Know and follow all safety rules and attend safety training programs.

_______________________________________ Roger Johnson, Commissioner

_______________________________________ Date

2.0 ACCIDENT INVESTIGATION AND NEAR MISS PROGRAM

All accidents and near misses require an analysis to correct deficiencies, which might cause recurrence. The Accident Investigation and Near Miss Program provides procedures and assigns responsibilities for investigating, reporting and recording accidents and incidents. Accident analysis is used to 1) establish relevant facts surrounding the accident, 2) collect opinions of those present regarding the accident's cause, and 3) determine how to prevent future accidents.

All accidents and near miss incidents are thoroughly investigated. When an accident or injury occurs, or when an employee is involved in or witnesses a near miss, the employee is required to complete an Initial Accident Investigation/Near Miss Report (NDDA SFN 602 RMP 001) and give it to the program manager. It is the responsibility of the program manager to investigate the incident and complete a Program Manager Incident Report (NDDA SFN 602 RMP 002). The program manager will attempt to determine the cause of the incident from the information gathered.

2.1 The Risk Management Coordinator and Deputy Commissioner will review all incident reports and determine the appropriate corrective action to prevent recurrence. It is the responsibility of the Risk Management Coordinator to confirm corrective action has been completed.

Corrective actions include review of any elements of the Department's safety program that pertain to the injury or near miss incident, to include:

• Development and revision of policies and procedures
• Quality of training
• Accountability of employee performance

3.0 GENERAL SAFETY RULES

Employees are responsible for their own safety and health as well as the safety and health of their co-workers. The Department's general safety rules are considered minimum safety standards for usual work conditions and shall be adhered to by all employees. General Safety Rules are as follows:

GENERAL SAFETY RULES are posted in the Department's conference room.

4.0 SAFE OPERATING PROCEDURES - Chief Hazards

The safe operating procedures promote an accident prevention effort by determining chief hazards and stating specific rules or operational steps to follow. These safe operating procedures help develop awareness of accident prevention techniques as well as protect employees from injury.

4.1 Hazardous tasks and work activities are reviewed and updated as needed, including:

• 4.1.1 Back strains and injuries
• 4.1.2 Bloodborne pathogens
• 4.1.3 Electrical safety
• 4.1.4 Emergency evacuation and fire safety
• 4.1.5 Ergonomics
• 4.1.6 Hazard substances communication
• 4.1.7 Hazardous chemicals, pesticides, herbicides
• 4.1.8 Apiary inspections
• 4.1.9 Ladder safety
• 4.1.10 Motor vehicle safety
• 4.1.11 Slips, trips and falls
• 4.1.12 Violence in the workplace

4.2 Program managers ensure that adequate safe practices and physical standards are incorporated in all operations, maintenance and training procedures, directives, instructions and other departmental functions. Any necessary corrective action will be initiated immediately to eliminate accidents.

4.3 Compliance activity priorities are based on various factors, including safety data trends, indicating areas that need attention. All safety procedures comply with federal, state, and local standards, as well as meet OSHA standard requirements.

4.1.1 BACK STRAINS AND INJURIES

Many employees lift, push, bend or pull as part of their everyday job duties. Sedentary employees in office jobs can have problems when they sit for prolonged periods. The causes for back problems may result from the normal process of aging, prolonged sitting at work, fatigue, physical and emotional stress, and minor injuries that evolve into serious problems.

Employees are not assigned work that exceeds their strength capabilities or puts them in danger of injury. Mechanical aids replace heavy manual lifting.

Techniques for lifting safely:

• Reduce the size or weight of the object lifted. Include the use of handles, where possible, making the item more stable.
• Lifting that occurs below knee height or above shoulder height is more strenuous than lifting between these limits. A step as simple as adjusting the height of a shelf can help.
• The frequency, duration, and type of lifting also increases the likelihood of back strains.
• Hold the object to be lifted as close to the body as possible, reducing the strain on arms and back.
• Bend at the legs and push up from the knees, then bend the back and pull from the waist. This is a safer, recommended method if lifting must be done manually.

Health Promotion and Physical Conditioning

Without some form of regular exercise, muscles lose strength and flexibility. Physical conditioning or stretching programs; such as, head rolls, shoulder circles, elbow presses, and the backward arch positioning, reduce risk of muscle strain and help avoid back strains.

4.1.2 BLOODBORNE PATHOGENS

The Department limits employee exposure to bloodborne pathogens to the minimum extent feasible.

The AIDS epidemic has created much concern in our society regarding exposure to human blood and body fluids. Besides HIV (Human Immunodeficiency Virus), the virus that causes AIDS, there is also concern for hepatitis. Both diseases can be transmitted by a puncture wound from a sharp object contaminated with blood or other potentially infectious body fluid from an infected individual.

Universal Precautions

The following human body fluids are considered potentially infectious: semen, vaginal secretions, cerebrospinal fluid, amniotic fluid, and body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. Any tissue or organ from a human is also potentially infectious.

Urine, feces, saliva, sweat, and tears are not considered infectious, unless there is visible blood.

Work Practices

Employees are required to wash their hands with soap and water following direct contact with blood.

Personal Protective Equipment

Latex gloves are available in the Department's first aid kit to provide protection from potentially infectious materials.

Emergency resuscitation equipment and masks are available in the first aid kit to isolate a rescuer from contact with a victim's saliva, blood or other fluids.

Clean-up Procedures

When cleaning up a spill of blood, employees are required to wear latex gloves to prevent direct contact with the skin. The spill shall be disinfected with a ten percent bleach solution (one part household bleach to nine parts water). Cleanup methods that prevent contact with the material; i.e., dustpan and broom, shall be used, especially when broken glass or other sharp objects are present. Mop or wash the spill areas with the ten percent bleach solution until visibly clean.

4.1.3 ELECTRICAL SAFETY

Only authorized, licensed electrical personnel are permitted to repair, adjust, test or service electrical equipment.

Follow these guidelines for electrical safety:

• Employees should never expose themselves or others to energized electrical circuits
• Supervisory approval is needed before bringing in or using personal portable electrical equipment, such as radios, heaters, etc.
• Check all equipment prior to beginning work to ensure safe conditions. If there is any doubt or question regarding the safety of the equipment, notify the program manager or risk management coordinator. Computer related equipment problems or failures are to be reported to the data coordinator.

Operations of Electrical Equipment

• If any shock sensation is felt when using electrical equipment, turn the equipment off, unplug it from the wall socket, and inform the program manager.
• If the equipment does not operate, disconnect the plug and inform the program manager.
• Be sure all applicable equipment is turned off at the end of the day.
• Extension cords used with portable electric tools and appliances shall be the three-wire type. Cords shall be placed in as dry a path as possible, away from water and mud, and kept away from doorways and walkways, where they could become a tripping hazard. Electrical cords shall not be placed under heavy objects, such as desks. An extension cord shall not be plugged into another extension cord.
• Program managers shall ensure that all electrically powered apparatus is promptly forwarded to the proper department/business for appropriate scheduled or emergency repair.

Microwaves, Refrigerators, Small Appliances – Adopted 4-15-2008

All microwaves must be compact in size.  Appliances must be in good condition with no frayed cords.  The maximum capacities and wattages allowed will be as follows:  Wattage---1,000 watts maximum.

All refrigerators must be compact in size.  The maximum capacity that will be allowed for refrigerators is 3.0 cubic feet or less. 

Cooking is not allowed in the office areas.  Microwaves can be used only for heating food, not for cooking.

All refrigerators and microwaves found to be in violation of the above mentioned maximums must be removed from the Capitol Complex office areas.

Other cooking appliances, such as; toasters, popcorn poppers, frying pans, hot plates, cup warmers, will not be allowed in Capitol office areas.  Any such cooking appliances that currently exist in office areas must be removed.

Space Heaters – Adopted 4-15-2008

Space heaters will be allowed if they comply to the following standards:  Maximum wattage - 300; Volts - 120 V.A.C.; Maximum Amperes – 3 Ampere.

Heater elements must be completely sealed.  Open resistance elements are not approved. Radiant panel oil or fluid filled sealed type elements are approved.

The approval of heater type and installation is required from Facility Management prior to installation.

Heaters must comply with all building and fire codes and be U.L. approved.

Facility Management personnel will remove all non-approved space heaters to ensure the Capitol Complex is in compliance with State approved fire and building codes.

4.1.4 EMERGENCY EVACUATION/FIRE SAFETY

The Department's Emergency Protection Coordinators are Wayne Carlson and Jet Collins (6th floor), and Elaine Sayler (14th floor). Fire safety instructions are:

Standard Evacuation

• Evacuate the 6th floor using the north stairwell. Go to the fourth floor and wait for further instructions.  
• Ag Dept personnel located on the 14th floor should evacuate via the south stairwell.  Go to the 12th floor and await further instructions.

Total Evacuation - FIRE

• Total evacuation, if required, will be announced over the Life Safety System by the Fire Department.
• Everyone on the 6th floor (employees, visitors, individuals using the restrooms) must evacuate the floor using the north stairwell. An emergency coordinator will be posted at the door to check individuals off the floor, while the other coordinator checks restrooms, storage areas, etc. Go directly to the ground floor and out of the building by way of the freight dock door.   
• Ag Dept personnel on the 14th floor must evacuate via the south stairwell.  Go directly to the ground floor and out of the building by way of the south exit under the tunnel.  Move to the west of the building at least 300 feet.
• Once outside, move at least 300 feet away from the building, out of the way of emergency personnel. Roll call will be taken by one of the Department's emergency coordinators.
• Employees, who may be on another floor, in the cafeteria, etc., when the alarm is sounded, must leave the building directly, find their way to the freight dock exit area, and report in to the emergency coordinators. Emergency coordinators are responsible for ensuring everyone has been accounted for. They will report in to the proper Facility Management personnel and let them know if someone is missing.
• All Department personnel will remain outside until the Fire Department or Department administrator(s) give approval for re-entering the building.

Sound the Alarm

• The fire alarm system is tied directly into the Bismarck City Fire Department and will alert the fire department at the same time the alarm sounds at the Capitol.
• If the alarm would not sound for any reason, a call to extension 8-2121 will alert the necessary emergency assistance. The person making the call must report the location, extent, and type of fire, if possible, to ensure the earliest possible response.

Fire Extinguisher

• An employee should never attempt to fight even a small fire until everyone has been evacuated. An employee should not fight the fire if he is unsure about the type of extinguisher or how to use it, if the fire is spreading or blocking his escape.
• If an employee decides to fight the fire:
• Make sure the Fire Department has been called, the exit is not obstructed by fire, and the fire is small enough to be fought with an extinguisher.
• Maintain the proper distance (six to eight feet for most dry-chemical, portable extinguishers).
• Keep the means of exit at your back.
• Pull the safety pin on the extinguisher.
• Hold the extinguisher firmly and begin spraying near the base of the fire.
• Move the stream rapidly from side to side, covering the entire width of the fire.
• Advance slowly as the extinguisher pushes the fire back, continuing to maintain the optimum distance from the front edge of the fire.
• After the fire is out, step back and watch for possible re-ignition.

A 6th floor evacuation chart is posted near the north stairwell door, the bulletin board in the north hallway, and on the wall in the west hallway. The 14th floor evacuation chart is posted near the south stairwell door.  The charts should be followed for all fire evacuation alarms, unless otherwise advised. 

4.1.4.5   EMERGENCY FIRE AND TORNADO PLAN (addition)

FIRE

1. Familiarize yourself with the location of the evacuation routes (primary and secondary), first aid station or kit, each fire alarm, each fire extinguisher, the nearest public telephone, and the location of the stairway (as indicated on the Emergency Evacuation Diagrams posted in the department).
2. Should you discover fire anywhere in the building, immediately activate the nearest fire alarm pull box and call the fire department (9-911).  State your name, location, and type of fire.
3. Only consider attempting to extinguish a fire if it is very minor and you have been trained in the proper operation and use of portable fire extinguishers.
4. Take only personal items, IF there is time.
5. When the fire alarm sounds, immediately leave the area using your designated evacuation route (north stairway for floors 1-9 and handicapped or disabled individuals).
6. When evacuating, do not use elevators, keep to the right, walk – do not run, and remain calm but take immediate action.
7. Stay in single file in the stairways.
8. A preplanned procedure has been established to assist non-ambulatory individuals.
9. Obey the directions of your Emergency Response Officials.
10. Small fires can spread rapidly and overwhelm an area.  To contain the fire, close all doors behind you as you exit the floor.
11. Before opening any door of a room or office that leads to the main hallway, feel the door first to see if it is hot.
    1. If the door is not hot, open it slowly.
    2. Then, if conditions allow, proceed to the nearest stairway and follow the evacuation plan.
    3. If smoke is too heavy, do not enter a hallway.
    4. Close the door then place an article of clothing along the bottom edge of the door.
    5. Open the windows for fresh air (if you can) and hang a white shirt or other similar article out the window to let the fire department know you are still inside.
12. If all exits from a floor are blocked or, if for any reason you must remain in a room/office during a fire or other emergency, remain calm, call 9-911 and advise of your location and situation.  Wait for the fire department to assist you.
13. Notify your supervisor in the event of injury to individuals.
14. Periodic fire drills will be conducted throughout the year; however, treat every alarm as if it were an actual fire.
15. After exiting the building, stay with your group and remain at least 300 feet from the building.  For Drills:  ALL MEMBERS OF THE AGRICULTURE DEPARTMENT 6th FLOOR STAFF ARE TO ASSEMBLE ON THE NORTH SIDE OF THE CAPITOL BUILDING BY THE FREIGHT DOCK FOR ACCOUNTABILITY.   FOURTEENTH FLOOR STAFF IS TO EVACUATE THROUGH THE SOUTH DOORS OF THE CAPITOL  (TUNNEL EXIT).   All staff will remain outside of the building until the Fire Department or management staff informs them it is safe to return to the building.

TORNADO

1. Sixth floor department employees are to evacuate via the north stairwell down to the basement.  Congregate near the department vault.
2. Fourteenth floor employees are to evacuate to the hallway area (on the way to the cafeteria) on the ground floor.
3. Remain in place until the all clear is given.

Rvd: 06/10/08

4.1.5 ERGONOMICS

See Section 7.

4.1.6 HAZARDOUS SUBSTANCES COMMUNICATION

Some substances used at the Department may contain hazardous substances. (Some examples could be: copier toner/developer, cleaning solutions, or chemicals used in the heating, ventilation, and air conditioning systems.) These substances should not present a hazard to your health, if they are used in the manner in which they are intended, and the manufacturer's directions for use are followed.

However, if accidents or improper use occurs with these substances, the employee should first look at the container label, where first aid information is usually stated. If the label gives insufficient data, contact the supervisor or risk management coordinator.

4.1.7 HAZARDOUS CHEMICALS, PESTICIDES, HERBICIDES

Department of Agriculture employees working within the pesticide division receive hazardous material training provided by the Environmental Protection Agency. Each field inspector within the pesticide division is issued and should carry in their vehicle:

a. Three one-gallon containers of water;
b. One 16 ounce eyewash bottle filled with distilled water;
c. Tyvek coverall(s);
d. Rubber boots or covers;
e. One or more pair of chemical resistant gloves;
f. Single use towels;
g. Liquid soap for chemical residue removal;
h. Respirator(s);
i. Goggles and/or face shield;
j. First aid kit;
k. Construction hard hat; and
l. Plastic drain pan.

4.1.8 APIARY INSPECTORS

Apiary inspectors are summer temps, who receive training regarding the inspection of beehives. Inspectors are issued the following:

a. Coveralls;
b. Veils;
c. Gloves;
d. Hive tools (pry bar for opening hives);
e. Smoker and container;
f. Burlap (to be used as fuel for the smoker);

In addition, bee inspectors carry chlorox and liquid soap. Inspectors are advised to carry epinephrine in the event of reaction to bee stings. Anyone allergic to bee stings is not hirable, and anyone who develops an allergy to bee stings during employment is released.

4.1.9 LADDER SAFETY

• Ladders and step stools shall be regularly and frequently inspected. All defective equipment (weakened, broken, or missing steps, broken hand rails, etc.) shall be removed from service and reported immediately to the appropriate program manager or to the risk management coordinator.
• Ladders and stools must be strong enough for intended use. Check with the program manager or risk management coordinator if strength is questionable.
• Do not use portable metal ladders near energized electrical circuits.
• Ladders must not be placed in front of doors that open toward the ladder, unless the door is open, locked, or guarded.
• In placing a straight ladder, the distance between the bottom of the ladder and the supporting point is to be approximately one-fourth of the ladder length.
• Portable ladders, when in use, must be firmly placed, held, tied, or otherwise secured to prevent slipping or falling.
• Use only Department owned ladders/stools. Do not use chairs, boxes, etc., as ladders. Do not use portable, straight ladders without a non-skid base.
• Do not place a ladder against an unsafe support. Never splice ladders in order to make a longer ladder. When using stepladders, be certain the legs are completely extended.
• Do not use stepladders as straight ladders.
• When using a stepladder more than ten feet high, another person shall hold the ladder (with the exception of a platform ladder).
• Face the ladder and use both hands when ascending and descending the ladder.
• Do not carry objects while climbing ladders.
• Do not climb to the top step of a ladder. Go no higher than the second step from the top. Do not climb straight ladders higher than the third step from the top.
• Only one employee is to use the ladder at any one time. If two employees are needed, use another ladder.
• When dismounting a ladder from an elevated position, be certain the side rails extend at least three feet above the dismount position, or that grab bars exist.

4.1.10 MOTOR VEHICLE OPERATIONS

General

Employees may operate motor vehicles on Department business when authorized. Employees must possess a valid license or permit according to Federal and State regulations, and shall follow all federal, state, and local motor vehicles laws. State Fleet rules and regulations applicable to the operation of state vehicles must be adhered to. Seat belts must be worn. State Fleet motor vehicle safety bulletins are distributed monthly.

Safe vehicle operation involves a safe vehicle, alert drivers, and good driving habits. Drive at safe speeds no greater than that allowed by law. Consider the traffic, road and weather conditions when deciding safe travels speeds within the legal limit.

Inspection of Equipment

Conduct a pre-trip check of the vehicle before operating a state vehicle. Check tires for proper inflation, clean the windshield if needed, adjust all mirrors, and test the brakes. Report vehicle defects to State Fleet Services.

Emergency Driving Situations

1. Running off the Pavement

• Hold the steering wheel tightly and steer straight ahead.
• Stay on the shoulder of the road.
• Ease up on the accelerator and brake gently.
• Turn back onto the roadway slowly at a low speed when it is safe to do so.

2. Tire Failure

• Pump the brake pedal gently, rather than braking hard.
• Concentrate on maintaining steering control.
• Continue braking gently.
• Pull completely off the roadway.
• A front tire blowout will cause the car to pull towards the blown tire.
• A rear tire blowout will cause the car to swerve or fish-tail.

3. Brake Failure

• Pump the brake pedal rapidly and hard several times. This will often build up enough brake pressure to stop the car.

4. Accelerator Jammed

• Keep eyes on the road.
• Slap the accelerator pedal hard with foot.
• Shift to neutral.
• Brake the car.
• Bring the car to a stop.
• Turn off the engine.

5. Power Steering Failure

• Ease up on the accelerator. The car will be maneuverable, but the wheel will be very difficult to turn.

6. Night Driving

• Driving during hours of darkness reduces the range of vision and the time to react to hazards on the roadway. A combination of darkness and less traffic on the road can lead to boredom, and falling asleep at the wheel presents a hazard. If you feel drowsy, STOP! Most accidents occur between midnight and 6 a.m.

4.1.11 SLIPS, TRIPS, AND FALLS

Slips, trips and falls are of major concern to the Department. These types of accidents are costly to both employees and the Department. Injuries include cuts, bruises, muscle sprains and strains, back injuries, and broken bones.

It is not only the lack of personal caution in walking and climbing that causes trips and falls, but also the types and conditions of shoes and heels, floor surfaces, and many elements of job tasks, such as pulling, pushing and lifting. All of these elements are made more dangerous by a floor's surface contamination by water, liquids, or powders.

Contributing to the problem can be individual lapses in attention or improper selection of footwear. Falls may also be caused by uneven flooring, loss of balance, or poor lighting. Other causes may be an unexpected change in floor conditions, pushing and/or pulling an object on a floor surface, running, or turning abruptly.

Slips

Slips are a loss of balance caused by too little friction between feet and the surface that is walked or worked on. This loss of traction is the leading cause of workplace slips. Slips can be caused by constantly wet surfaces, spills or weather related hazards, such as ice and snow. Slips are more likely to occur when a person hurries or runs, wears the wrong type of shoes, or doesn't pay attention to where he is walking. Follow these safety precautions to avoid a slip:

• Practice safe walking skills. If you must walk on wet surfaces, take short steps to keep your center of balance under you. Move slowly and pay attention to the surface you are walking on.
• Clean up spills immediately. When a spill is observed, clean it up, or report it to the appropriate person. Even minor spills can be hazardous.
• Be more cautious on smooth surfaces. Move slowly on floors that have been waxed, but not buffed, and other very slippery surfaces.
• Ice and snow present especially hazardous walk surfaces. When possible, remove ice and snow from sidewalks and parking lots before heavy traffic use. Wear proper footwear for the conditions.

Trips

Trips occur whenever a person's foot hits an object and he is moving with enough momentum to be thrown off balance. A trip can happen when a person's work area is cluttered, when lighting is poor, or when an area has loose footing. Trips are more likely to happen when a person is in a hurry and does not pay attention to where he is going.

Common Rules to Follow to Avoid Tripping

• Make sure you can see where you are going. Carry only that which can be seen over.
• Keep work areas well lit. Turned-off lights and burned-out bulbs can interfere with the ability to see clearly. Use a flashlight or extension light to make walking areas visible in unlighted areas.
• Keep work areas clean and do not clutter aisles or stairs. Store materials and tools in closets, cabinets, or specially assigned storage areas.
• Arrange furniture so it does not interfere with walkways or pedestrian traffic in personal work areas.
• Extension or power tool cords can be dangerous tripping hazards. Tape them to the floor or arrange them so they will not be in the way of pedestrians.
• Eliminate hazards due to loose footing on stairs, steps, and floors. Report loose carpeting or hand rails. Broken pavement and floor boards or loose floor boards can also contribute to a fall.
• Falls

Falls occur whenever a person moves too far off the center of balance. Slips and trips often push a person off the center of balance far enough to cause a fall, but there are many other ways to fall. Falls are also caused by makeshift ladders, misuse of ladders, and accidents while climbing. Most falls are caused by slips or trips at ground level. Falls from greater heights pose a much higher risk of serious injury. Falls can be avoided with the use of the following safety measures:

• Do not jump off ladders. Lower yourself carefully.
• Check lighting. Make sure hallways, stairs, and work areas are properly lit.
• Report loose or broken stair handrails to your program manager.
• Do not store items on stairs or in aisles.
• Wear good shoes. Non-skid soles are a good choice. High heels or platforms are less stable than flat shoes.
• Always use proper equipment when working at higher levels. Never use chairs or any other unstable equipment when working at higher levels.

Preventing slips, trips and falls is a task that depends on many factors--most importantly, YOU. You may not be able to change your workplace, but you can recognize dangers, work to eliminate hazards, and use safety devices and equipment.

4.1.12 VIOLENCE IN THE WORKPLACE

Not only can violence in the office or field workplace cause direct harm to employees of an organization, it also causes worker burnout, lower productivity, and increased health costs. Violence in the workplace affects not only the victims, but co-workers as well. Co-workers may feel angry, fearful, stressed, and depressed.

Because of this, any form or manner of threatening remark or gesture in the Department or out in the field is unacceptable. There will be no tolerance for any threats of violence or intimidation by anyone at any level of the Department. All threats will be treated seriously and investigated.

Any behavior in the office or field workplace by co-workers, visitors, or anyone else that may be construed as threatening, intimidating, or that might lead to violence, shall be reported to respective program managers. Additionally, all supervisors take such threats seriously to ensure employees feel secure in the workplace. Employees are responsible for understanding the need for addressing the warning signs of apparent danger. Employees are protected from retaliation in any form when reporting information relating to workplace violence. All reports are considered confidential. The Department will take appropriate action after the facts are gathered.

The Department will undertake intervention before a situation can escalate. The Department is prepared to react to various scenarios, which enables a better response to employees concerns.

When a conflict has been identified, the program manager will attempt to defuse the situation. However, if a customer, client, or co-worker persists with the threat(s), he will be reported to the highway patrol. If a person should reappear, call the program manager and/or highway patrol immediately. Employees should document their actions. When necessary, dial 9-911 for emergencies and use emergency evacuation routes as posted.

Department management continually surveys security practices to provide the best possible security for employees. To provide a safe and secure workplace, the Department reserves the right to search employees' storage areas or cars located on premises used by the Department, this includes field offices.

The Department requires and supports appropriate actions taken by supervisors in dealing with threats or potential workplace violence.

Employees should understand that all threats are taken seriously and will be dealt with in a confidential but appropriate manner when a real danger exists.

5.0 RETURN TO WORK PLAN CLAIMS MANAGEMENT PROGRAM

The objective of the Department's Claims Management Program is to effectively manage workers compensation claims, the recovery process, and the early return to work when employees are injured.

5.1 EMPLOYEE RESPONSIBILITY

5.1.1 Report all accidents, injuries, near misses and safety hazards in the workplace immediately to the program manager.

5.1.2 Forms to be completed:

• Initial Accident Investigation/Near Miss Report (NDDA SFN: 602 RMP 001)
• C1 of the Workers Compensation C1A Claims for Injury Form
• C16 Prior Injury Questionnaire Form
• Medical Release Form

5.2 PROGRAM MANAGER'S RESPONSIBILITY

5.2.1 Respond immediately to workplace injuries to reassure the employee that the care needed is available and received.

5.2.2 Forms to be completed:

• Initial Accident Investigation/Near Miss Report - Program Manager's Investigation (NDDA SFN: 602 RMP 002)

5.2.3 Refer the employee to the Risk Management Coordinator for assistance in promptly completing and filing accident reports.

5.3 RISK MANAGEMENT COORDINATOR'S RESPONSIBILITY

5.3.1 Assist the employee in filing for benefits and explain the nature of those benefits.

5.3.2 Provide forms, instructions and assistance in complying with Workers Compensation Bureau procedures.

5.3.3 Forms to be completed:

• C2 of Workers Compensation C1A Claims for Injury Form
• Other (Witness statements, police reports)

5.3.4 Promote an early Return-to-Work program within legal, financial and medical constraints. Temporary modified, alternate work may be made available to meet those medical restrictions/capabilities placed on the employee by the NDPERS EPO or PPO provider. If alternate work is not available in the employee's program area, duties may be assigned elsewhere. The Department will remain in contact with the EPO or PPO provider for any changes in the employee's medical status or return to normal work duties.

5.3.5 Communicate with the Workers Compensation claims analyst, EPO or PPO provider and the employee throughout the entire claims process. Document communication and retain as part of the claim file and claims process.

6.0 ESSENTIAL JOB FUNCTIONS

Written job descriptions document employees' major job functions, duties, responsibilities, required knowledge, skills and abilities. To identify essential functions, job descriptions focus on the purpose of the function and the result to be accomplished, rather than on the manner in which the function is performed. Job descriptions are reviewed and updated annually to accurately reflect essential job functions.

6.1 List of Job Categories:

6.1.1 Elected official
6.1.2 Professionals
6.1.3 Technicians
6.1.4 Office and Clerical

7.0 ERGONOMICS PROGRAM

Ergonomics is the process of designing the workplace environment to best suit the needs of employees. Ergonomics combines the findings of many fields, including studies of human measurement, muscle movement and vision, with the techniques of design and engineering.

7.1The Department's objective is to implement solutions to eliminate potential ergonomic injuries, reduce stress, cut absenteeism, and increase productivity. To identify areas where changes need to be made to prevent ergonomically-related injuries, we use the following steps:

• Identify the situation
• Research and gather information about possible solutions
• Analyze the possibilities
• Select and incorporate the best solutions

7.2 A training program explaining the principles of ergonomics of "fitting the job to the person, rather than making the person fit the job" is provided (see Section 9.0). On-going training about understanding repetitive motion injuries, proper body mechanics, lifting techniques and early symptoms of ergonomically-related injuries is also provided. Employee feedback from training sessions will help in evaluating the Department's facilities for potential ergonomic hazards.

8.0 SELF INSPECTION PROGRAM

The Department ensures adequate provisions for safe practices and safe physical standards in all operations and business units. Annual safety inspections, scheduled or unscheduled, are conducted and documented by Jet Collins, Risk Management Coordinator, and reviewed by Jeff Weispfenning, Deputy Commissioner. Measures taken to correct unsafe conditions or practices are included in documented inspection reports.

8.1 Employees are required to report, verbally or in writing, any practice or condition observed and believed to be unsafe or unhealthful to program their program manager. A hazard is any existing or potential condition, act or procedure that can result in a mishap. Unsafe or unhealthy working conditions are corrected at the lowest supervisory level possible.

8.2 Continuous physical safety awareness is the employee's responsibility. The order of official inspection of safety hazards reported by an employee is:

• Immediate Supervisor
• Program Manager
• Risk Management Coordinator
• Deputy Commissioner

9.0 TRAINING PROGRAM

The Department's training program in the elements of safety and safe work practices is essential to efficient management. Review of the General Safety Rules, the Safe Operating Procedures, the Claims Management Program, and the ergonomic job hazards is conducted by the program manager and risk management coordinator during new employee orientation. All employees are given refresher training annually or as needed.

9.1 The Department's safety training program ensures optimum awareness of the need for safe conditions and practices in an effort to reduce accidents to the lowest possible figure. Department management is responsible for integrating information of safety practices into departmental training plans.

9.2 Safety classes designed to provide knowledge in safety management, accident prevention techniques and procedures, and occupational safety and health are also offered by government agencies and private industry on a regular, periodic basis.

The Risk Management Coordinator is responsible for the full implementation of this program and has authority to delegate these responsibilities as necessary.

10.1 The Risk Management Coordinator for the North Dakota Department of Agriculture is Jet Collins.

11.0 DESIGNATED MEDICAL PROVIDER

If an employee is injured in the course of employment, medical care providers are the EPO and PPO providers designated by NDPERS. The EPO and PPO providers work to understand the workplace environment to assist in early return to work. During on-site visits, providers will evaluate situations or equipment that pose a threat or injury.

The EPO and PPO providers furnish the Department with full treatment reports. These reports determine the nature and extent of the injury, an estimated course of recovery, and a plan to return to work. If injured, the employee is required to sign a "release of information" and forward it to the EPO or PPO provider. Obtaining signatures and communication with the EPO or PPO provider are the responsibilities of the Risk Management Coordinator.

12.0 REPORTING INCIDENTS AND ACCIDENTS

Promptly reporting potential liability arising from someone having or claiming to have been injured or to have had damage to their property on Department premises is critical. Doing so will protect the State of North Dakota's interests and contain costs. Late or inaccurate reporting could jeopardize the defense of a claim or lawsuit.

12.1 Claimants are NOT to complete the Incident Report Form. Instruct claimants that a report of the incident will be filed with the Risk Management Fund, and a claim form will be mailed to them by the State's Risk Manager.

12.2 The State's Risk Manager MUST BE NOTIFIED if a claim form has been requested. This can easily be done by checking the appropriate box in the upper right hand corner of the Incident Report Form SFN 50508 (Rev. 08-97).

When an Incident Occurs

All incidents involving the general public must be reported to the Risk Management Coordinator, no matter how insignificant they may seem. The Incident Report Form SFN 50508 (Rev. 08-97) shall be completed by the Risk Management Coordinator with the employee's assistance. The Form will then be forwarded to the State Risk Manager and the Attorney General's Office.

Timing

Incidents involving serious bodily injury, death, or serious property damage covered under the Risk Management Fund must be reported immediately by phone or state radio to GAB Robins, an investigator and claims adjuster for the Risk Management Fund, as well as to the State Risk Manager. All other events should be reported within 48 hours of the occurrence. Every effort should be made to complete the Incident Report Form SFN 50508 (Rev. 08-97) within 24 hours of the incident.

13.0 REPORTING CLAIMS

A person bringing a claim against an employee or the Department for an injury must make the claim in writing to the director of the Office of Management and Budget. The claim generally must be filed within 180 days of when the alleged injury was discovered or reasonably should have been discovered. (See Section 12.0).

14.0 REPORTING LAWSUITS AND CLAIMS AGAINST PURCHASED INSURANCE

Lawsuits

Employees are to contact the Commissioner or Deputy Commissioner immediately if served with any legal documents making the employee a party to a lawsuit. The Commissioner or Deputy Commissioner shall contact the State's Risk Manager and the Attorney General's Office. A copy of all documents received will be forwarded to each of those offices. Prompt action is necessary because attorneys have a limited time in which to prepare and file an answer on behalf of the employee.

If an employee is a named defendant in a lawsuit claiming damages for actions covered by the Risk Management Fund, defense of the lawsuit will be provided by an attorney hired by the Fund.

State Fleet Services Vehicles

Accidents involving State Fleet Services vehicles must always be reported and should always be investigated by the proper law enforcement authorities.

In the event of an accident:

• Call the Highway Patrol first. The local sheriff's department or police should be called second. All accidents involving personal injury, death, or extensive property damage must be reported to State Fleet Services at 701-328-2543 as soon as possible.
• Contact your supervisor and/or the risk management coordinator. The risk management coordinator will assist you in completing a Motor Vehicle Accident Report SFN 51301 (Rev. 08-97). Always read the instructions on the report form before completing it. All spaces and blocks on the accident reports must be completed; if one does not pertain to the accident, write "N/A" for "not applicable." If the accident involved a parked vehicle, indicate this by writing "parked" in the space asking for the driver's identification.

Prevention of motor vehicle accidents is the employee's responsibility. If an employee has an accident, the Department shall determine whether or not the accident was preventable. All preventable accidents shall be reviewed and action shall be taken to prevent a recurrence.

15.0 Workforce Safety Insurance Board Forms