Publication of the Ohio Township Association Risk Management Authority

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1 Publication of the Ohio Township Association Risk Management Authority Leading the Way for Ohio Townships UPDATE A QUARTERLY NEWSLETTER SUMMER 2014 OTARMA Board of Directors Nick Schwab Chair Reily Township, Butler County Nancy White Vice Chair Mifflin Township, Franklin County Tom Willsey Secretary Ross Township, Butler County Matt DeTemple Board Member Ohio Township Association Marsha Funk Board Member Brownhelm Township, Lorain County Connie Fink Board Member Springfield Township, Muskingum County Joyce Fetzer Board Member Perry Township, Stark County (Name) Routing Occupational Safety and Health Administration Hazard Communication Standards Changed By: Kara Jones, Esq., Feirich/Mager/Green/Ryan The Hazard Communication Standard enacted by the Occupational Safety and Health Administration (OSHA) is a system through which the hazards of chemicals, which are manufactured or imported, are identified and those hazards are communicated. Chemical manufacturers and importers are required to evaluate the hazards and provide appropriate labeling, information and Material Safety Data Sheets (MSDS) regarding the hazards associated with the product. Employers are required to implement a written hazard communication plan and train employees on that plan. Labels OSHA s Hazard Communication Standard was recently modified in order to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This system changed the manner in which manufacturers and importers of chemicals classified and labeled chemicals. Endorsed by the Ohio Township Association Cont d on pg. 2 Every effort has been made to ensure the accuracy of the information in this newsletter. Professional counsel should be sought before any action is taken or decision is made based on this material.

2 Cont d from pg. 1 The new GHS label is standardized and must include the following: Hazard pictogram/symbol; A signal word such as Danger or Warning, which is used to emphasize hazards and highlight the severity of the hazard; Hazard Statements, which provide information regarding specific information regarding dangers to health and safety, i.e., Highly Flammable Liquid or Vapor and May Cause Liver and Kidney Damage ; Precautionary Statements, which provide information regarding storage and use (i.e., Keep Container Tightly Closed and Wear Protective Gloves ), actions to take (i.e., In Case of Fire: Use Dry Chemical or Carbon Dioxide Fire Extinguisher to Extinguish ), and directions for first aid in case of exposure (i.e., If Exposed, call Poison Center ); The Product Identifier, identified by a code and name; and Supplier Identification, which must include the company name, address and phone number. Material Safety Data Sheets The new GHS system also changed the format of the MSDS, which must be transmitted to downstream users of the product. Unlike the previous standard that only identified the information that was required to be contained in the MSDS, the new standard also dictates the format in which the information must be presented. In order to create uniformity among manufacturers as to how the required information is communicated to downstream users, there are 16 specific headings that must be included in a specified sequence. Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices and emergency control measures. Sections 9 through 11 and section 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information and other information including the date of preparation or last revision. Sections 12 through 15 contain ecological information, disposal considerations, transportation information and regulatory information. The specific headings and sequencing for the MSDS and an example of same can be obtained by reviewing 29 C.F.R (g) and the OSHA Hazard Communication Safety Data Sheet Quick Care, which is available at w w w. o s h a. g ov / P u b l i c a t i o n s / HazComm_Comm_QuickCard_Safety Data.html. Requirements for Employers If employees are exposed to hazardous chemicals in the workplace, the employer must have a written plan as to how it will implement OSHA s Hazardous Communication Standard and it must train employees on that plan. Written Plan The written plan must contain the following: 1. A list of the hazardous chemicals present at the workplace and where they are located. (This list can include the workplace as a whole or individual work areas.) Each container must be labeled, tagged or marked with either the information required on all shipped containers, or product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the MSDS, will provide employees with specific information regarding the physical and health hazards of the hazardous chemical. If the employer transfers the chemicals to a new container for other than immediate use, the employer is required to label the container in compliance with the Hazardous Communication Standard. Employees must be informed of any operations in their work area where hazardous chemicals are present; 2. The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas; 3. Information on where MSDS and other written materials regarding the chemicals being used at the workplace are maintained and will be made available for employees to review. The employer must ensure that it has all the current MSDS that correspond to these chemicals. If an MSDS is missing, the employer must obtain it from the supplier, the manufacturer or the importer. The MSDS must be readily accessible to employees during 2

3 each work shift when they are in their work areas; 4. A description in general terms of how the requirements for the provision of information and training on the labels and MSDS are going to be met in the workplace; and, 5. The identity of employees responsible for identifying the hazardous chemicals in the workplace, ensuring that all containers are properly labeled, all MSDS are maintained and up to date, the written plan is maintained and kept up to date, and the employees are properly trained. Training Each employee who may be exposed to hazardous chemicals must be provided information and training prior to their initial assignment working with hazardous chemicals and whenever the hazard changes. Information and training may be performed either by individual chemical or by category of hazards (i.e., flammability). Employees must be made aware of which hazard category a chemical falls within. It is insufficient to either hand employees information to read or to read it to them. The training must be performed in such a manner to ensure that employees are aware that they are exposed to hazardous chemicals, that they know how to read and use labels and MSDS, and that they are following the appropriate protective measures established by their employer. Employees must be trained regarding the following: 1. An explanation of and directions on how to read and interpret the labels received on shipped containers and any workplace labeling system used by their employer; including: The type of information that the employee would expect to see on the labels; and How they might use the information (the product identifier, signal words, hazard statement, pictograms, precautionary statements, and name, address and phone number of the responsible party) and how the elements work together (such as the hazard class and the signal words); 2. An explanation of and directions on how to read and interpret the MSDS, including the order of information and how employees can obtain and use the appropriate hazard information, including: The standardized 16-section format, the type of information they would find in each section; How they might use the information; and Where the MSDS are maintained and how they can be accessed by employees; 3. Methods of observation that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); 4. The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area; and, 5. The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used. Employers are not required to maintain records of employee training. This information would be helpful, however, in the defense of any claims by an employee or OSHA that no or inadequate training was provided. The new Hazard Communication Standard required employers to train employees on the new label elements and MSDS format by December 1, Chemical manufacturers, importers, distributors and employers are to comply with the new labeling and MSDS requirements by June 1, Distributors, however, may continue to ship products labeled by manufacturers under the old system until December 1, Accordingly, by December 1, 2015, all chemicals that are received should have the new labeling information, and the MSDS should comply with the new required 16-section format. Kara Jones is a partner with the law firm of Feirich/Mager/Green/Ryan. Her practice areas include local governmental tort law, local governmental civil rights law, medical malpractice defense, insurance defense and coverage, personal injury, and appellate practice. Loss Control Services

4 The ABCs of MVRs By: Kim L. Arnold, KLA Risk Consulting, Inc. Motor vehicle incidents are one of the most frequent types of claims that OTARMA Members experience. As such, a solid vehicle risk management program should include the following key components: 1. Adopt a written driving policy that contains, among many things, Driver Acceptability Standards; and, 2. Obtain Motor Vehicle Records (MVRs), also called Driver Abstracts, for all drivers of township-owned vehicles. The policy should state that the township has the right to review MVRs as part of the hiring process or upon election to office, at least annually thereafter, and in the event of a vehicle accident. The township can work with legal counsel to make certain consent is provided by the driver. The Ohio Bureau of Motor Vehicles (OBMV) form 5008 can also be used without notarization. safety.ohio.gov/links/bmv5008.pdf The written policy should also contain Driver Acceptability Standards, which are those standards of eligibility to which drivers of township-owned vehicles are held. This policy can be based on moving violations or a simple point system. The OTARMA Resource Library has many examples available. In general, if using a simple point system, the industry standard is 4 points for emergency services (police and fire) and 6 points for all other departments. That is, an emergency service employee driving township emergency vehicles cannot have more than 4 points; all other township drivers can have no more than 6 points. In order to determine whether a driver is acceptable, a Motor Vehicle Record must be obtained. The township should also obtain MVRs for all its drivers. The OBMV requires a form to obtain MVRs. The OBMV Record Request form, or the 1173, can be obtained directly from the OBMV Website, The 1173 form has recently been modified and the paperwork required to obtain MVRs has changed slightly. At right is a review and short explanation of each section of form 1173 in order to obtain an MVR. I. In this section, where it asks who is making the request, check Other. II. In this section, check the first box, Driving Record (302) ($5.00). III. Complete Part A. This part is filled out by the person requesting the MVR. The requester is only required to fill out Part A on the form if submitting more than one For protection, if the MVR is for someone other than the requester, give the 1173 form to the driver to fill out Part B. As the requester, make certain to sign this section also. A Social Security number is no longer required, although the more information provided to the OBMV, the better. IV. Have the driver complete Part B. V. At the bottom of the 1173 form is a box to check if requesting MVRs for more than one person and, therefore, attaching additional sheets. VI. On the second page, or the back, of the 1173 form, check the reason for the MVR request. Townships should check number 5, a record for the use of a government agency. If the request is for a Commercial Driver s License (CDL), check number 13 in addition to number 5. This is for a record for use by an employer to obtain information relating to the holder of a CDL. Make certain to provide a tax identification number. VII. Make certain to sign and date the bottom of this form. The completed forms can be mailed to the local OBMV. Additionally, the township can open an account with the OBMV for further assistance and alternative payment options. Check with the local OBMV office for details. If you have further questions, please feel free to contact OTARMA Loss Control. 4

5 Changes to the OTARMA Board of Directors The OTARMA Board of Directors is pleased to introduce two new board members, Ms. Connie Fink and Ms. Joyce Fetzer. Ms. Connie Fink, a lifetime resident of Springfield Township, has served as the Fiscal Officer of the township since I enjoy working with numbers and The Board also wishes to express its sincere appreciation to departing members Mr. Larry Advey and Mr. Greg Hanahan for their years of service. Thank you for your dedication to OTARMA and its members. The current OTARMA Board of Directors is comprised of the following individuals: Becoming the OTA President is quite an accomplishment. This is my 17th year on the OTA Board of Directors, stated Mr. Willsey. Twelve years were invested by completing three four-year-term leadership roles on the OTA Board Treasurer/ Secretary, Second Vice President and First Vice President before becoming eligible to serve as Board President. Nick Schwab Nancy White Tom Willsey Matt DeTemple Marsha Funk Connie Fink Joyce Fetzer Chair Vice Chair Secretary Board Member Board Member Board Member Board Member providing accurate and up-to-date information to my trustees, so they, in turn, can perform their duties and provide the best services possible to our township residents, commented Ms. Fink. I look forward to working with the many knowledgeable individuals who comprise the organization known to its membership as OTARMA. Ms. Fetzer is a lifetime resident of Stark County and is the Perry Township Administrator. She is a 2009 graduate of the Stark County Government Leadership Academy. Ms. Fetzer has participated in numerous educational opportunities pertinent to township government such as the Spring and Winter OTA Conferences, OTA Administrator Conferences, and conferences promoting strategic planning, development and implementation of programs, safety, policies and procedures, collaboration of shared services, advisory committees and grant writing. Ms. Fetzer is a member of the Stark County Township Association and is active in the community as a Perry Township Rotarian, member of the Perry Township Bicentennial Committee, Chairperson of A Taste of Perry, Secretary of the Woodlake Home Owners Association and Friend of Stark Parks. Ms. Fetzer will be featured in the next newsletter edition. Nick Schwab Reily Township, Butler County Nancy White Mifflin Township, Franklin County Tom Willsey Ross Township, Butler County Matt DeTemple Ohio Township Association Marsha Funk Brownhelm Township, Lorain County Connie Fink Springfield Township, Muskingum County Joyce Fetzer Perry Township, Stark County Additionally, the Board would like to recognize Mr. Thomas Willsey, OTARMA Board Member, who recently became the Ohio Township Association Board President. It is a huge honor and privilege to become the OTA Board President and it is something I am really going to enjoy, stated Mr. Willsey. I like being involved in the community. My involvement started as a volunteer firefighter. I didn t like the way things were going in my village, so I ran for a seat on the city council and served for eight years. The natural progression was to become a township trustee and so I did. Serving as a township trustee is my passion. Some people collect stamps I serve my community, chuckled Mr. Willsey. The OTA is fortunate to have Tom Willsey as its new President. Tom brings a wealth of frontline township experience to the job, both as a trustee and in firefighting. He has been active in the OTA his entire career. Under his guidance, Ross Township has become one of the most highly regarded communities in the tri-state area, said Mr. Matthew J. DeTemple, Executive Director, Ohio Township Association. For more than a quarter century, OTARMA and the OTA have worked together on behalf of Ohio Townships. The OTA has more than 5,200 active members, made up of trustees and fiscal officers from Ohio s 1,308 townships, and more than 4,000 associate members. OTARMA is an OTA-endorsed program and continues to offer townships a viable alternative to the high cost of traditional insurance. The partnership between the OTA and OTARMA is strengthened by its leadership, resulting in OTARMA becoming the safest, most sound property and liability coverage program, providing nearly 1,000 townships with the broadest coverage available in the state of Ohio. Congratulations to Ms. Fink, Ms. Fetzer and Mr. Willsey. We are honored to serve alongside you. Claims Services

6 OTARMA MORE Grant OTARMA Members are invited to apply for the Managing Ohio Risk Exposures (MORE) Grant Program in The MORE Grant Program offers up to $500 per township for the purpose of assisting OTARMA Members in eliminating or preventing risk exposures that can lead to liability and property claims. Five hundred and one MORE Grants were awarded in 2013 and 131 grants have been awarded through April Applications may be submitted through December 31, All members who participated in 2013 are welcomed and encouraged to participate again in The short one-page grant application is easy to complete and available under the Quick Links section on the OTARMA Website at Submit the completed application with supporting documentation via mail, fax or to: Wendy French, OTARMA Customer Service Representative OTARMA MORE Grant Program 315 South Kalamazoo Mall Kalamazoo, MI Fax: (269) Examples of granted application requests include: LED exit signs; First-aid station; Firefighter boots; Fireproof cabinet; High-visibility jackets; Thermal-imaging camera; Fire department dive-and-rescue training; Strobe light for pickup truck and tractor; and, Ohio Township Association (OTA) Conference registration fees We are pleased that more than half of the townships in Gallia County received MORE Grant funds in 2013 and Two of the recipients are pictured below. OTARMA s success is achievable because of continued membership and commitment to this member-owned and directed Ohio Township Association Program. Thank you, members! If your township is not yet an OTARMA Member, we invite you to consider what OTARMA can do for your township. Please contact us at (800) and ask to speak with an OTARMA Representative. We welcome the opportunity to meet with you and explain how OTARMA can best serve you and your township. Clay Township, Gallia County Robert Franklin, Trustee Ronnie Slone, Harrison Township Trustee Jim DeLucas, OTARMA Representative Wanda Waugh, Fiscal Officer Clay Township in Gallia County used MORE Grant funds to purchase a strobe light for a township pickup truck. The new light helps deter people from passing the truck and makes it safer. I ve told other townships about the MORE Grant. Just get online, select the quick link and download the application. It s real simple. Walnut Township, Gallia County John Straight, Trustee Mitchell Salyers, Trustee Jim DeLucas, OTARMA Representative Richard Ingles, Trustee Our township used the grant to buy a chainsaw which was helpful right away. We removed limbs and brush that fell due to the snow and ice storms this winter. It is a simple application and easy to apply with no strings attached. Richard Ingles, Trustee, Walnut Township, Gallia County Wanda Waugh, Fiscal Officer, Clay Township, Gallia County 6

7 OTARMA Member Profile: Ms. Connie Fink Ms. Connie Fink has been involved in township government since 1987, when she was first elected as the Fiscal Officer for Springfield Township in Muskingum County. I am proud of the trustees with whom I have had the opportunity to serve. Their highest priority has always been to look after the welfare of our township residents, commented Ms. Fink. Springfield Township has been an OTARMA Member for 14 years and Ms. Fink described some of the benefits of membership: Premiums have remained stable over that period. Membership in OTARMA has also provided other benefits through distributions and MORE Grant opportunities. The ability to access safety and training videos is also a plus. When asked about the most significant difference between duties as a fiscal officer now and when first elected in 1987, Ms. Fink replied, Moving from paper and pencil bookkeeping and recording of minutes to the use of computers is one of the most significant differences I have seen in my tenure in office. The Auditor of State s Uniform Accounting Network (UAN) system has provided townships with the hardware and software that has made that transition possible, especially for the medium- and smaller-sized townships. Ms. Fink continued, I have also seen the demand for more accountability and transparency increase over the years. The fiscal officer position brings with it a high level of responsibility. Not only does the fiscal officer need to know how to do the work inherent with the position, but he or she must also have an understanding of the laws and rules that govern what can and cannot be done, which requires continuous education. The Ohio Township Association (OTA) serves the elected township officials of the state with wonderful learning opportunities each year at its winter conference. Since 1987, Ms. Fink has been actively involved locally in the Muskingum County Township Association, where she has served as Vice President, Secretary/Treasurer, and currently as the Executive Committee Person. Premiums have remained stable over that period. Membership in OTARMA has also provided other benefits through distributions and MORE Grant opportunities. The ability to access safety and training videos is also a plus. At the state level, she was elected to the Ohio Township Association Board of Directors in 2008, where she currently holds the position of First Vice President. Serving on the Ohio Township Association Board of Directors has provided me the chance to travel around our great state and meet with other township officials. The OTA serves a vast membership of 1,308 townships with 5,232 elected officials and a wide variety of needs, stated Ms. Fink. Coming from a somewhat rural township in Muskingum County, I am able to talk with other trustees and fiscal officers who may have similar issues as my own township, and others who may be facing concerns that are hugely different from what is familiar to me. Having the opportunity to learn from others helps guide the decision making that is done at the state level. Ms. Fink is a graduate of Ohio University, where she earned Bachelor s and Master s degrees in Elementary Education. She spent her 30-year teaching career in the Maysville Local School District teaching first grade and serving as the Elementary Literacy Coordinator. As a retired teacher, I spent 27 years in the classroom and served the last three years of my career as the Literacy Coordinator in the District s elementary building. From that career, I bring an understanding of the constant need for education in order to have the knowledge necessary to do a job to the best of one s ability, Connie Fink Fiscal Officer, Springfield Township, Muskingum County asserts Ms. Fink. I also developed an appreciation for the need to be prepared when facing a group of people. But most of all, I believe I have learned to be a listener and hear what others are trying to communicate. The daughter of a dairy farmer, Ms. Fink has lived her entire life in Springfield Township. After marrying her husband Doug over 40 years ago, they have traveled the country, visiting all 50 states. They have two sons and daughters-in-law, and three grandchildren. In her free time, Ms. Fink continues to travel and enjoys sewing, skiing, and spending time with her family. OTARMA Service Center

8 OTARMA Service Center 315 S. Kalamazoo Mall Kalamazoo, MI PRESORTED STANDARD U.S. POSTAGE PAID SOUTHFIELD, MI PERMIT #63 If our mailing records need to be updated or if you want to receive newsletters electronically, please contact the OTARMA Service Center at (800) , ext OTARMA Upcoming Events The Ohio Township Association presents: Baseball Outing Cleveland Indians July 12 OTARMA Photo Contest This is a great opportunity to showcase your township to all OTARMA Members. Watch your mail for photo contest details. Grant Budgets and Administration Workshop July 21 Baseball Outing Cincinnati Reds July 26 Annual Golf Outing benefiting the OTA Scholarship Program August 7 For more information and to register, please visit: OTARMA Welcomes New Members Hopewell Township, Mercer County Located in western Ohio, Hopewell Township joined OTARMA in March Joining OTARMA tripled the township s liability limit and saved on the annual contribution, stated Thomas Welsh, OTARMA Representative. Spring Valley Township, Greene County Spring Valley Township joined OTARMA in January We provided quotes for five years, and this year, the township chose OTARMA for the financial savings and the availability of replacement cost coverage, stated Ed Barber, OTARMA Representative. 8

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