Microsoft PowerPoint

Safety Matters Safety and Health Issues for Agritourism Operations 2009 AgriTourism Conference “Cultivating Farm Revenue” Chattanooga, TN January 26-27, 2009 26Tim Prather Extension Specialist Biosystems Engineering & Soil Science Department. UT Extension Risks for Agrotourism Liability increases significantly over ‘normal’ farming exposures –More employees –Increased traffic –Guests / customers that may… • • • • not understand hazards not follow your instructions steal / vandalize your property just fall victim to an ‘accident’ Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Objectives of This Presentation • Identify some key areas of concern • Review some relevant rules and regulations • Identify some good practices • Discuss some experiences LAWYER OPPORTUNITY ZONE Failure to have perfectly adequate warnings that anticipate every possible hazardous situation, no matter how remote, will result in litigation by hordes of lawyers who will make even the most innocent thing appear to be malicious willful intent by your company to cause great harm to their client, and will leave you penniless and broken after wasting immense amounts of your time. Disclaimer The value of any advice depends on p your interpretation and application of that advice Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Are You Prepared? Highly Important to Guests Amenity/Service Freshness of farm's or business' products Learning about how products are grown On-site restrooms Easy transportation access Adequate parking Pricing of products Farm scenery Admission or user fees Product samples Seating Opportunity to pet or care for animals Picnic areas Food and drink for purchase Crafts or souvenirs Score 86 73 72 72 71 70 64 60 56 43 41 40 32 20 Jensen, et. al. 2006 Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. 83 School Teachers Look For ac·ci·dent Definitions… 1. a: an unforeseen and unplanned event or circumstance b: lack of intention or necessity: chance id t th than by design> UT Extension PB1669 Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Definitions… ac·ci·dent 2. a: an unfortunate event resulting especially from carelessness or ignorance b: an unexpected and medically important bodily b dil event especially when i j i t i ll h injurious c: an unexpected happening causing loss or injury which is not due to any fault or misconduct on the part of the person injured but for which legal relief may be sought Biosystems Engineering & Soil Science Dept. Definitions… chance 1. a: something that happens unpredictably without discernible human intention or observable cause b: the assumed impersonal purposeless determiner of unaccountable happenings: luck Biosystems Engineering & Soil Science Dept. Put it in Perspective Put it in Perspective If it can be predicted, it can be prevented. If it can be prevented, it ain’t no accident! Biosystems Engineering & Soil Science Dept. If the child falls off and is run over, is it an accident? Biosystems Engineering & Soil Science Dept. 84 Safety and Health Concerns • Developing safety / emergency response plans • OSHA requirements • Hazardous Occupations Training & Recordkeeping • Inspections and repairs • Employee training • Traffic / pedestrian safety • Transporting guests • Securing hazardous areas • Attractive nuisances • Food safety • Inclement weather • Fire safety • Emergency response • Insurance Develop a Safety Plan All businesses need written safety plans: –Who is responsible –What is to be done –Employee training –Inspections and corrective actions –Records of injuries –Emergency response plan Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. OSHA Requirements • 29 CFR 1928 – Standards for Agriculture –Applies to production agriculture Hazardous Occupations • US Dept of Labor Wage & Hour Div. –not OSHA – no exemptions for agriculture • 29 CFR 1910 – Standards for General Industry –Applies to most industries • Including the non-production aspects of agritourism operations • Rules for employment of 14-15 year olds in agriculture –tasks that can & can’t be performed –training required –recordkeeping • Significant Federal fines Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Regular Inspections • Inspect all areas at least annually –prior to opening to public Regular Inspections • Keep written records –findings & needs –repairs & improvements Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. 85 Ingress / Egress • Appropriate signs • Driveway markers • Guardrails • Trim back weeds, bushes, trees, etc. • Have highway dept. post warning signs • Hire off-duty deputy at peak times Parking & Traffic Areas • Adequate parking areas • Well drained • Gravel drives to prevent stuck vehicles • Lighting for safety • Accessible parking for disabled guests Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Safe Pedestrian Areas • Fill any holes • Smooth to prevent trips and falls • Clearly designated pathways and restricted areas • All paths adequately lighted • Wheelchair accessible paths Biosystems Engineering & Soil Science Dept. Accessibility • Can EVERYONE use your facilities? • Can a wheelchair user get in your market, restroom, etc? • Do you make “reasonable reasonable accommodations?” • How do you transport people with disabilities? • Consult your AgrAbility Project for assistance Biosystems Engineering & Soil Science Dept. Accessibility Clearly Defined Danger Zones All areas that present hazards must be properly defined and access restricted –Proper signage as required by laws –Locked doors –Fences –Temporary barricades –Staff stationed at critical areas 8 ft. clearance slope 1:12 Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. 86 Animals Keep dogs penned or chained –people and dogs may not always act as expected –some people are afraid of dogs –some people must use service animals Dogs A real liability issue –dog bite claims cost policyholders about $2 billion annually –dog bit often mean d bites ft permanent injuries, trauma and sometimes death –family often loses a beloved pet Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Dogs A real liability issue –73% of children treated were bitten on the face, neck or head –only 30% of adult i j i l f d lt injuries on these areas –severe dog bite injuries occur almost exclusively to children 10 and younger Biosystems Engineering & Soil Science Dept. Attractive Nuisances High liability risks defined by 5 elements: 1. area children are likely to trespass, 2. possessor knows or has reason to know of unreasonable risk of death or serious bodily harm, 3. children are unaware of the risk, 4. burden of eliminating the danger and utility of maintaining condition are slight compared with the risk, and 5. possessor fails to exercise reasonable care to eliminate the risk. Biosystems Engineering & Soil Science Dept. Attractive Nuisances • Animals • Barns • Hay stacks, etc. • Water bodies • Swimming pools • Machinery • ATVs • Bee hives • Construction sites Biosystems Engineering & Soil Science Dept. Food and Drink • Follow recommended food safety principles –Temperature above 140, or below 40 degrees • Train all workers • Provide hand washing facilities for guests • Permitted and Inspected by Health Deptartment Biosystems Engineering & Soil Science Dept. 87 Biosecurity • Minimize spread of diseases –From farm to farm –From animals to humans Protection from Weather • Heat • Cold • Rain • Severe weather –Lighting –Tornado –Flood Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Protection from Weather • Get alerts – NOAA Weather Radio • SAME encoding Fire Safety • No Smoking!!! Except in designated smoking areas – Weather websites – Radio/TV • Special concerns: • Have a plan – Designated shelters – Notify employees and guests –Fuel storage –Hay storage –Electrical –Cooking stoves / grills Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Fire Extinguishers • Right type –Best is A•B•C multi-purpose dry chemical Life Safety Codes • Safe occupancy limits • All areas have at least 2 exit routes • All exits marked • All exits clear and usable • All exits have proper doors and latches • NEVER lock when building occupied • Proper alarms Remember the fatal night club fires? Biosystems Engineering & Soil Science Dept. • Several locations • Know how to use them • Inspect them regularly Do not test by discharging extinguishers! Biosystems Engineering & Soil Science Dept. 88 First Aid • Must have an emergency response plan • Have CPR & First Aid trained staff on site at all times • Have a well-equipped First Aid kit Emergency Communications Post emergency info at each phone and assembly area: – emergency phone numbers – site address – driving directions Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Transportation • Avoid transporting guests • Use appropriate vehicles: –No wagons and trailers on public roads Transportation Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Transportation If you must use wagons: – tractor must weigh more than the gross towed weight (GTW) 3 wagons 4,500 lb 45 adults @ 180 lb 8,100 lb 12,600 lb Transportation If you must use wagons: – use locking coupler / hitch pin – safety chains required – trailer brakes recommended – front & rear end rails and proper seating required – steps / handrails / assistance getting on & off Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. 89 Transportation If you must use wagons: – stay off public roads – operate smoothly to avoid jostling passengers – shift into right gear before entering slopes – stay off slippery slopes – operator must use seat belt with ROPS Farm Structures • Barns • Silos • Grain / feed bins • Feeding areas • Manure pits / lagoons • Hay storage • Machinery storage • Milk tanks • Milking parlor • Calf barns • Fuel storage • Pesticide storage • Anhydrous ammonia • Tool sheds Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Farm Structures • Identify and secure off-limits areas –Install warning signs –Keep locked Insurance What is the purpose of insurance? –Restore injured party –Protect your assets But, insurance will not… –Prevent injuries or property damage –Protect you from being sued Biosystems Engineering & Soil Science Dept. Biosystems Engineering & Soil Science Dept. Insurance Meet in person with agent and ask: –exactly what is covered, excluded? • Ask about bounce houses, zip lines, etc. • Get it in writing! Resources • Cooperative Extension Service • NIOSH Ag Safety Database • AgrAbility Project • OSHA • Insurance companies • Fire / law enforcement departments • Health department • Department of Agriculture • Machinery manufacturers • Trade associations Biosystems Engineering & Soil Science Dept. –how will claims b h dl d? h ill l i be handled? –what can guests filing a claim expect? • What is the process? • What timeframe until claims are paid? Biosystems Engineering & Soil Science Dept. 90