TRENCHING AND EXCAVATION SAFETY

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Working together forMontana’s municipalities.SUMMER 2020In this editionTRENCHING AND EXCAVATION SAFETYQuick FactsDid you know the average cubic yardof dry fill dirt weighs 2,000 pounds?If it’s made up of a mixture of sand,stone and gravel, the weight caneasily exceed 3,000 pounds per cubicyard. So the material of a 3’x3’x3’excavation weighs as much as a midsized car!There is no reliable warning when atrench fails. The walls can collapsesuddenly, and workers will not havetime to move out of the way. Even aseemingly small amount of dirt canfatally crush or suffocate workers. Ifthey survive a trench collapse, theymay suffer traumatic brain injuries,injuries such as compartmentsyndrome or crush syndrome, spinalcord injuries, broken bones, and ahost of other serious injuries.What can you do to preventworkplace fatalities in trenching andexcavation operations?Follow the requirements outlinedin 29 CFR 1926.651 and 1926.652.Following those requirements willhelp you protect workers and it isalso the law! All employers, includingmunicipalities, must comply withthe trenching and excavationrequirements found in those federalcodes of regulation.To view the full 1926Subpart P standards, visithttps://bit.ly/2NtMaVZ.Overview1 Trenching and ExcavationSafety2 2020 Census — Make SureMontana Counts!2 The League Corner4 Limiting Risk in TeleworkArrangements5 2020 MMIA EmployeeBenefits Wellness Program —The Same as Last Year!5 Waiving Medical CoverageNationally workplace fatalities related6 MMIA Welcomes Newto trenching and excavation haveEmployeestripled since 2014 according to theOccupational Safety and Health6 Sign up to Reduce MunicipalAdministration. Trench collapses, orExposure to Child Abusecave-ins, pose a great risk to workers’lives. When done safely, trenching7 Upcoming Eventsoperations can limit worker exposureto cave-ins and other potential8 COVID-19 Resourceshazards including falls, falling loads,hazardous atmospheres, and incidentsinvolving mobile equipment.entirely in stable rock. If less than 5feet deep, a competent person mayTrench Safety Measuresdetermine that a protective system isnot required.Trenches 5 feet (1.5 meters) deep orgreater require a protective systemunless the excavation is madeContinued on Page 3.

2 League/MMIA Newsletter2020 CENSUS — MAKE SURE MONTANA COUNTS!By Montana Census 2020Across Montana, folks are working hard to get Montanansto self-respond to the 2020 Census. But the COVID-19pandemic created challenges for getting an accuratecount of our state’s residents. Currently, Montana is 7thlowest among states with a response rate of 55.3 percent,compared to the national average of 61.6 percent.Without an accurate count, Montana risks having otherstates get some of our fair share of funding. Missing onlyone resident means a community misses up to 20,000over the next decade. Overall, more than 2 billion from300 federal programs is allocated back to Montana basedon census information. That includes more than 500,000annually in funding for highways, water and wastewater,housing, and other infrastructure programs.As leaders in your communities, you can help. The stateis partnering with libraries and other organizations acrossMontana that have signed up to be “Be Counted” sites.These are great locations for a local, socially-distancedevent. Additionally, local Complete Count Committees in67 locations across the state are made up of local leaderswho are working to increase the count by promotingand educating Montanans about the importance of the2020 Census to our state’s elections, funding and future.You can find a Be Counted site or Complete CountCommittee near you or information about how to startyour own at CENSUS.MT.GOV. The website also featuresvideos, PSAs, flyers, and other messaging to help createeffective local outreach. For more information andideas on how to get more Montanans to self-respond tothe Census, you can also sign up for our newsletter athttps://bit.ly/3dvCiFK.Responding to the Census is quick, easy, and safe. Anyonecan fill out their form today at my2020census.gov, byphone at 1-844-330-2020, or by mail using the formdistributed by the U.S. Census to their household.Responding to the Census once every decade matters toevery community in Montana today and for the future.Make it count, Montana!Visit mtleague.org/2020-census to pledge your town’scommitment to the census and gain valuable resources. THE LEAGUE CORNER89th Annual League ConferenceGoes VirtualAfter careful deliberation and at Director TimBurton’s recommendation, the League Boardof Directors has elected to change the 2020 MontanaLeague of Cities and Towns Conference to a virtual event.Our Virtual 2020 League Conference will be October7-9. We are working hard to find ways to make thisconference educational, valuable, and fun for allparticipants including the League and MMIA annualbusiness meetings, attorney CLEs, clerks' credits,nationally recognized speakers, networking and more.Visit www.mtleague.org/annual-mlct-conference forupdated details as we get closer to the event.2020-2021 Associate MembersWorking together forNewLeaguemunicipalities.Associate Members are posted on theMontana’sLeague website. Due to their continued supportof the League, they make our work possible,please check out the list to see if one of theseorganizations could complete your project. Go s formore information.2020 League Directory is Now Online!The hard copy of the 2020 League Directory was printedin June and copies were sent to every municipality.If you would like to access the online version ofour directory, please visit with your office staff forthe link and password, or visit the basic version atwww.mtleague.org/basic.

2020 Summer Edition 3Trenching and Excavation Safety - ContinuedTrenches 20 feet (6.1 meters) deep or greater requirethat the protective system be designed by a registeredprofessional engineer or be based on tabulated dataprepared and/or approved by a registered professionalengineer in accordance with 1926.652 (b) and (c).Competent PersonThe Occupational Safety and Health Standards require,before any worker entry, that employers have a competentperson inspect trenches daily and as conditions changeto ensure the elimination of excavation hazards. Acompetent person is an individual who is capable ofidentifying existing and predictable hazards or workingconditions that are hazardous, unsanitary, or dangerous toworkers; soil types; and protective systems required, andwho is authorized to take prompt corrective measures toeliminate these hazards and conditions.Protective SystemsThere are different types of protective systems. Designinga protective system is complex and requires considerationof many factors including: soil classification, depth ofcut, water content of soil, changes caused by weather orclimate, surcharge loads (e.g., spoil, other materials to beused in the trench) and other operations in the vicinity.Any system used must meet the required performancecriteria of the standards. Benching – means a method of protecting workersfrom cave-ins by excavating the sides of an excavationto form one or a series of horizontal levels or steps,usually with vertical or near-vertical surfaces betweenlevels. Benching cannot be done in Type C soil (asdefined in 1926 Subpart P Appendix A). Type C soil iscommon throughout Montana. Sloping – involves cutting back the trench wall at anangle inclined away from the excavation. The anglemay not be steeper than 1 ½:1 (for every foot of depth,the trench must be excavated back 1 ½ feet) unless theemployer uses one of the options listed in 1926.652 (b)(1) (i) or 1926.652 (b) (1) (ii). Shoring – requires installing hydraulic rams or othertypes of supports to prevent soil movement and caveins. Shielding – protects the workers by using trench boxesor other types of supports to prevent soil cave-ins.Access and Egress Know where underground utilities are located beforedigging. Use 811 services for locates, and have a copy of the811 ticket readily available. Conduct a personal protective equipment (PPE)assessment for each task workers will be performing,and provide the necessary PPE. Keep heavy equipment away from trench edges. Keep excavated soil (spoils) and other materials at least2 feet (0.6 meters) from trench edges. Identify other sources that might affect trench stability. Provide ladders, steps, ramps, or other safe means ofegress for workers working in trench excavations 4 feet(1.22 meters) or deeper. Means of egress must be located so as not torequire workers to travel more than 25 feet (7.62meters) laterally within the trench. Test for atmospheric hazards such as low oxygen,hazardous fumes and toxic gases when 4 feet deep. Inspect trenches at the start of each shift. Inspect trenches following a rainstorm or other waterintrusion. Inspect trenches after any occurrence that could havechanged conditions in the trench. Do not work under suspended or raised loads andmaterials. Utilize traffic control devices to prevent the motoringpublic from entering the work area and to separatetraffic from the work to reduce vibration of the soil. Ensure that personnel wear high visibility or othersuitable clothing when exposed to vehicular traffic.Additional Resources1. For additional resources on trenching and excavationsafety including the Trenching and Excavation SafetyPublication, Trench Safety QuickCard, Trench SafetyPosters, and more, please visit: https://bit.ly/3eQRj6t2. Contact MMIA’s Risk Management team atriskmgmt@mmia.net or (406) 443-0907.3. Contact Montana Department of Labor and Industry’sSafety and Health Bureau at (406) 494-0324 or nsultationFor additional information, visit our web page at www.mmia.net/trenching-and-excavation-safety/.

4 League/MMIA NewsletterLIMITING RISK IN TELEWORK ARRANGEMENTSDue to the unique circumstances around COVID-19,MMIA has received a number of questions regardingteleworking arrangements. During this pandemic,many employers have offered telework. It is importantto remember telework arrangements may not workfor all organizations, positions or employees. Practicesvary widely depending on the organization. MMIArecommends members that allow telework arrangementsconsider the following risk management tips toavoid claims of liability, cyber liability, and workers’compensation. The expectations that the employee is workingwhile at the remote location, and is not the solecare taker of another during work hours. Information about safety and security of the employeeand property, including: Confirmation of a safe, orderly work area free ofhazards (i.e. tripping, electrical, fire, etc.); Ergonomic needs for the remote workspace; Adequate home/renters insurance;Develop detailed telework policies that include: Aecure storage for hard-copy documents; and, How an employee requests a telework arrangementand the process for evaluating the request forapproval based on, but not limited to, the positiontype, individual employee’s work habits and pastperformance. Conditions of employment, including that a teleworkarrangement does not change: IT security protocols including but not limited to: Benefits or pay; Expectation that work performed at the remotelocation is official city/town business; Requirement for adherence to all policies; Hours of work required; Process for how leave requests are to be made; and, Ensuring employees do not use personaldevices for work; Ensuring integrity and confidentiality ofelectronic work (i.e. preventing familymembers or visitors from accessing workdevices); Ensuring the latest patches are deployed andinstalled on remote work devices; Ensuring employees access systems andnetworks via secure connections includingVPNs or WIFI that is secured with a complexpassword;Continued on Page 7.

2020 Summer Edition 52020 MMIA EMPLOYEE BENEFITS WELLNESS PROGRAM —THE SAME AS LAST YEAR!The 2020 Wellness Program will follow the same format22222as last year. Employees, retirees, and their spouses on an222MMIA Employee Benefits (EB) plan can earn up to 200each ( 50 for each activity below) on a physical gift cardsent at the end of the calendar year.1. Get a Health Screening between July 1 and September30, 2020.2. Watch the Online Education Video and take the quizby September 30, 2020.3. Review your Health Screening results in a followup phone call with a Take Control health coachby November 6, 2020. Make sure to schedule yourappointment a week after you get screened and don’twait until the last minute, as scheduling availability islimited.4. Achieve 80% or higher employee participation in theHealth Screening.We need you to get the word out! Here are four things youcan do to encourage the four incentive activities!Lead the way! Show that you support theWellness Program by being the first to signup for your Health Screening. Let everyoneknow how great the video is. Rave aboutyour follow-up call. Nothing encouragesparticipation more than leaders and managersbeing the first in line.Put up a poster. We sent posters to everycity. You can also request more by emailingebgroup@mmia.net.Send an email. When your city’s screeningis coming up, send an email to remindemployees, not just of the screening, but ofthe other important activities as well.80%Make it fun! Provide snacks for afterscreenings, have departments competeto see who can get the most employeesto go, give out “good job” stickers. Yourimagination is the only limit when itcomes to fun ways to get employees involvedand feeling positive about wellness.Please note both Carehere and It Starts With Me(ISWM) are taking additional precautions this yearto help prevent the spread of COVID-19. These mayinclude COVID-19 screening prior to appointments,enforcing social distancing, requiring face masks, andnot allowing walk-in appointments for screenings. Formore information specific to your screening location, goto www.mmiaEB.net/wellness and click on the applicable“Health Screening COVID-19 Notice” in the “ 50: HealthScreening” tile. WAIVING MEDICAL COVERAGEMMIA wants to remind all cities and towns that it is important for employees to sign awaiver form each year if the employee declines enrollment in the medical benefits youoffer.This process protects both the city, as the employer, and the health plan. The AffordableCare Act (ACA) requires employers be able to show they offered coverage to at least95% of its active full-time employees at least once a year. If they cannot prove it, theycould be subject to a large fine. The signed waiver gives employers a record coveragewas offered annually for ACA form 1095 reporting purposes.For MMIA EB Program members, every employee eligible for medical coverage that is not enrolled in the planmust fill out the back of the enrollment form when the employee first waives coverage and every year during OpenEnrollment. The enrollment form can be found on the EB website: www.mmiaEB.net.

6 League/MMIA NewsletterMMIA WELCOMES NEW EMPLOYEESThe MMIA is excited to introduce you to two newproperty and liability claims adjusters hired in the lastquarter.(Go Blue!) and never misses a football game. She enjoysreading, all types of movies/music, cooking, hiking, andbiking when she has free time.Karyn ShirillaKaryn is incredibly excited and grateful to be joining theMMIA team and looks forward to continuing to learnfrom all of the excellent staff that MMIA has on board.While it’s been interesting to start a new job during apandemic, everyone at MMIA has been truly wonderful.Karyn was born and raised outside ofDetroit, MI. Seven years ago, she movedto Helena, where her husband wasraised, and fell in love with the beauty ofMontana instantly!Shortly after moving to Helena, she washired as a Claims Support Specialistfor the Montana Association of Counties. It was therethat she first learned about self-funded risk pools andhow their operations differ from those in the privatesector. After a year as the Claims Support Specialist, shetransitioned first into Workers’ Compensation adjustingand then Property and Liability about two years later.Karyn enjoys spending time with her two children, Jacob13 and Riley 22, her husband Nathan and their threecats, Dani, Arya, and Drogo. She recently found out thatshe’s going to be a Grandma, which is super exciting!Karyn is a diehard University of Michigan Wolverines fanNatalie Gallup, AIC, CCLANatalie has 17 years of experience asa claims adjuster in property liability.She has a degree in paralegal studiesfrom Illinois Central College. Nataliecomes to Montana with her husband,two daughters, two dogs, a cat, a bird,and a fish. She loves to hike, bike, read,and spend time with her large extendedfamily.Welcome to the MMIA,Karyn and Natalie!SIGN UP TO REDUCE MUNICIPAL EXPOSURE TO CHILD ABUSEMMIA has partnered with industry leading PraesidiumInc. to help our members address the risk of child abusein municipal operations with two powerful resourcesincluding the Know Your Score! Online Self-Assessmentand the Armatus Learn to Protect Online TrainingSystem. These tools are available to members at no cost,and can be obtained by completing our online requestform at https://form.jotform.com/mmia/CAP.Praesidium recently released their 2020 report thatshares their global experience and research findings andprovides industry trends in child abuse cases.If your city/town has been waiting to assess their exposureto risk for child abuse, this report will illustrate howcritical the assessment and subsequent risk managementefforts are. You can read the full 2020 Praesidiumreport on the MMIA website at /.For questions, please contact riskmgmt@mmia.net.

2020 Summer Edition 7Limiting Risk in Telework Arrangements - Continued Implementing use of multi-factorauthentication security; Configuring and monitoring firewalls forattempted or successful connections fromunauthorized or suspicious internet protocoladdresses; and, Ensuring employees attend regular training oncyber security. Ability for the employer to inspect the remoteworkspace, with notice, for compliance with the abovementioned safety and security requirements. A hold harmless statement regarding liability thatrequires the employee to indemnify and hold thecity/town harmless for injuries to third parties anddamages to real or personal property resulting in thehome workspace. A statement that the city/town is liable for job relatedaccidents that occur in the employee’s remote work siteduring the established hours; and not responsible foraccidents or injuries that occur at the remote worksiteafter hours or while the employee is not in the scope ofemployment. An inventory of equipment provided and anyrequirement for maintenance or storage. An explanation of employee costs associated with atelework arrangement such as providing the internetservice, phone, electricity, adequate home/rentersinsurance, etc. Statement regarding the ability for either party to endthe telework arrangement with adequate notice.Formalize written telework agreements between thesupervisor and the employee that includes: Confirmation of understanding the telework policy; Stated schedule of working hours/days. These statedhours and days are used for course and scope ofemployment for purposes of workers’ compensation.Employees must adhere to the agreed upon scheduleand receive approval for any deviation; Stated expectations for regular/prompt communicationwith supervisor, co-workers and customers includingreporting of all injuries or incidents; Specific outcome-based performance objectives for theemployee; and, Employee and supervisor signatures.ResourcesThe following sites provide examples of public entitypolicies and practices, training resources, and cybersecurity resources.Montana State Telework Policy – https://bit.ly/2YP3CKZF

safety including the Trenching and Excavation Safety Publication, Trench Safety QuickCard, Trench Safety Posters, and more, please visit: https://bit.ly/3eQRj6t 2. Contact MMIA’s Risk Management team at riskmgmt@mmia.net or (406) 443-0907. 3. Contact Montana Department of Labor and Industry’s Safety

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