4.03 4.3
SERVICES\EHS Risk Management—Safety Services—TASK 2- 1-10-2022
RESOLUTION AUTHORIZING ENGAGEMENT OF EHS RISK
MANAGEMENT FOR ADDITIONAL SAFETY CONSULTING SERVICES
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 316, 2021, the Queensbury Town Board authorized
engagement of EHS Risk Management (EHS) for the provision of professional safety consulting
services to support the development and implementation of the Town of Queensbury's Safety
Program, specifically for the services delineated as "Task 1" in EHS's Updated November 23,
2021/August 11, 2021 Proposal(Proposal)presented at this meeting, and
WHEREAS, the Town Board is satisfied with EHS's services to date and therefore wishes
to further authorize engagement of EHS for the services delineated as "Task 2—Design, Setup and
Implement the EHS Portal"as set forth in the Proposal,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of EHS Risk Management to support the development and implementation of the Town of
Queensbury's Safety Program, and more specifically for the services delineated as "Task 2 —
Design, Setup and Implement the EHS Portal" as delineated in EHS's Proposal substantially in the
form presented at this meeting for an amount not to exceed$13,500, and
BE IT FURTHER,
RESOLVED, that such services shall be paid for from Account No.: 00 1-143 0-4446, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
take all actions necessary to amend the Town Budget and effectuate the transfer of$13,500 from
Misc. Contractual Account No.: 001-1990-4400 to Account No.: 001-1430-4446, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed documentation and the Town Supervisor and/or Town Budget Officer to take
all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 1 Ot"day of January, 2022, by the following vote:
AYES
NOES
ABSENT:
4
Risk
vianagement
� HS !l
t
November 23,2021
Updated August 11,2021
Ms. Barbara H.Tierney
Budget Officer
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
RE: Updated Safety Services (2021)
Town of Queensbury—Queensbury, NY
Proposal No. 2021-08-11_01
Dear Barbara:
EHS Risk Management, LLC(EHS-RM) is pleased to provide the Town of Queensbury(Queensbury)with this
proposal for safety consulting services. Our scope is to implement EHS-RM's management services (EHS Risk
Manager and our web-based technology process(EHS Portal)to support the development and
implementation of the Town of Queensbury's Safety Program
The following proposal provides the scope of work, project team,schedule,cost,and business terms.
SCOPE OF WORK
Task 1—Initial Safety Assessment
• EHS-RM will provide the services of an experienced safety professional(CIH and/or CSP)to conduct an
initial safety assessment of the facility/operations.
• The intent of the assessment will be to understand safety regulatory applicability at the facility/operations
and overall safety compliance status and business safety risk.
• It is anticipated the assessment will be conducted during a one(1) day visit to the facility. The visit will
include a facility walk around, inspection and review of existing safety programs,safety training records,
accident and injury records and overall safety documentation. During the visit,the facility will need to
provide someone familiar with operations and the safety programs in place at the facility.
• EHS-RM will provide a table of regulatory findings from the assessment for use in the Task 2 EHS Portal
Design and for the ongoing tracking of any safety compliance issues through completion.
Task 2—Design,Setup and Implement the EHS Portal
• Based on the result of the initial safety assessment, EHS-RM will utilize existing safety programs and safety
programs developed by EHS-RM to customize our cloud-based,document management process called the
EHS Portal.
• It is anticipated that EHS-RM will utilize their internal safety program templates for the development of
most of the OSHA-required safety programs.
120 Defreest Drive,Troy,NY 12180 1518.281.3399
jimt@ehs-riskmanagement.com I www.ehs-riskmanagement.com
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
• EHS-RM will work with the facility to:
o Obtain electronic copies of applicable safety documents, if not already available to EHS-RM.
o Define specific safety roles and responsibilities for personnel.
o Determine safety activities and target dates for their completion.
• All programs on the EHS Portal will be uploaded by an EHS-RM technology expert and reviewed by an
experienced safety professional.
• The EHS Portal typically will include the following information for access:
o Written Safety Program(s)
o OSHA Logs
o EHS Activities Calendar
o EHS Audits and Inspections
o EHS Forms and Records
o EHS Training Resources and Records
• EHS-RM will utilize the"Confluence"software platform by"Atlassian"(https://www.atlassian.com/),
which is customizable software for service. EHS-RM will secure a license directly with the software
provider and initially maintain up to two (2) users for the system.
• For the roll out of the EHS Portal, EHS-RM will meet with facility representatives to present the EHS Portal
and discuss any modifications to the process, including the intended use and additional design or
functionality. EHS-RM will train facility representatives on the use,function,and operation of the EHS
Portal.
Task 3—Ongoing Safety Program Management Services (EHS Risk Manager)
EHS-RM will provide the following services:
• Communicate(e-mail) monthly on the safety task status and monthly safety topic(hand out).
• Develop and implement a training program that is customized for the Town of Queensbury's safety
program.
• Conduct a site visit to the facility every quarter to:
o Participate in a facility wide safety inspection.
o Provide or assist in safety training, as needed. Note: Anticipate 1 to 2 hours training class per visit or
to 8 hours during one visit per year.
o Follow up on safety program status, review of documentation,etc.
• Track the safety implementation plan that defines the specific tasks,who will perform them and schedule.
• Participate in accident investigations,as needed, and assist with the management of OSHA 300 and 300A
injury/illness forms.
• Conduct an annual review of the Safety Program.
• Act as a technical safety resource for the company and keep the company posted on new or applicable
regulations (phone, e-mail,etc.).
• Maintain and update the EHS Portal, including ongoing access as specified by the software service
provider.
It is anticipated that the facility will designate a safety coordinator on site to work with EHS-RM on the
implementation of the Safety Program and day-to-day implementation at the facility. Other safety services,
such as industrial hygiene,exposure monitoring and safety training can also be provided by EHS-RM,as
needed and requested.
EHS Risk Management,LLC
Page 12
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
PROJECT TEAM
Mr.Jim Testo,CIH, CSP,will be the Client Manager for the project. It is anticipated that Mr.Jason Woodruff,
CIH,CSP(Senior Consultant), Mr.Stephen Valentine,CIH (Senior Consultant), Mr. Dan Ireland (Chief
Technology Officer)and Mr.Austin Metcalfe will work on the project with other safety staff as needed.
PROJECT SCHEDULE
EHS-RM is prepared to begin the project scope of work upon written receipt of authorization to proceed. It is
anticipated that Task 1 and Task 2 will be completed within four(4)to eight(8)weeks of authorization,and
Task 3 will be ongoing and anticipated to start in October 2021. The schedule will be coordinated between
EHS-RM and the facility.
PROJECT COSTING
EHS-RM will complete this project on a Lump Sum Basis for:
Task 1—Initial EHS Assessment $6,000.00
(August 2021)
Task 2—Design,Setup and Implement the EHS Portal $13,500.00
(December 2021 January 2022)
Task 3—Ongoing EHS Program Management Services To Be Determined
Estimated$4K to$7K/Quarter
(Starting October 2021)
Costs are inclusive of all labor and project-related expenses. EHS-RM will complete this project per the
proposed scope of work and cost. If additional consulting services are requested, a scope and cost will be
provided and will not be invoiced without prior approval.
BUSINESS TERMS
EHS-RM's General Terms and Conditions apply to this proposal and any subsequent contracts(see attached
copy). If this proposal is acceptable to you, please authorize EHS-RM to proceed with the work described by
signing and returning one copy of the Authorization page. EHS-RM is prepared to begin the project
immediately following written authorization to proceed.
This proposal is for the intended use between EHS-RM and Queensbury and any other use is prohibited.
CONCLUSION
EHS-RM appreciates the opportunity to present Queensbury with this proposal to provide safety consulting
services. If you have any questions regarding the proposal or pricing, please contact Jim at(518) 281-3399.
Thank you again for your time and interest.
EHS Risk Management,LLC
Page 13
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
Respectfully,
nn
Stephen Valentine, CIH James M Testo CIH, CSP
Vice President President
EHS Risk Management,LLC
Page 14
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
General Terms and Conditions
1. Unforeseen Conditions/Occurrences Cost and schedule liability which EHS-RM is required to secure pursuant to
commitments contained in EHS-RM Risk Management,LLC(EHS- Paragraph 4 hereof; and provided further that EHS-RM 's
RM) proposal shall be subject to renegotiation for unreasonable obligation hereunder shall not extend to indemnification or
delays caused by the client's failure to provide specified facilities holding harmless of a party indemnified hereunder for any claims
or information or for delays caused by unpredictable occurrences of loss of profits or any other indirect special, incidental or
such as fires, floods, strikes, riots, unavailability of labor or consequential damages of any nature whatsoever.
materials or services, process shutdown, acts of God or of the
public enemy,or acts of regulations of any governmental agency. b. Client shall indemnify and hold harmless EHS-RM and its
Work stoppage or interruption caused by any of the above may directors, officers, employees, and agents from and against all
result in additional cost(requiring a change in scope)beyond that liability, claims, suits, losses, damages, costs and demands,
identified in EHS-RM's proposal for performance of the Project including reasonable legal expenses and attorney's fees connected
entitling EHS-RM to an adjustment to the cost and schedule. therewith, on account of personal injury, including death, or
property damage,sustained by any person or entity not a party to
2.Payment Terms Invoices will be submitted on a monthly basis any agreement between EHS-RM and client and arising out of or
unless otherwise stated in the EHS-RM proposal. All invoices are connected with the performance of such agreement to the extent
due upon receipt All unpaid balances outstanding over thirty days such injury,death or damage is caused by the sole or contributory
will incur an interest charge of 1.5%per month or the maximum negligence or willful misconduct of clientor its contractors or their
permissible under state law.EHS-RM reserves the right to suspend respective employees, officers and agents; provided that such
service,with 7 days advance written notice,until all outstanding injury,death or damage is not occasioned by the sole negligence of
invoices are satisfied. In the event that EHS-RM is required to EHS-RM or its subcontractors or their respective employees,
pursue payment through retainment of counsel or a collection officers and agents;and provided further that client's obligation
service,reasonable costs of collection will be incurred by and be hereunder shall not extend to indemnification or holding harmless
the responsibility of the client of a party indemnified hereunder for any claims of loss of profits
3.Termination Any agreement maybe terminated in whole or in or any other indirect,special,incidental or consequential damages
part in writing by either party in the event of substantial or of any nature whatsoever.
material failure by the other party to fulfill its obligations under c. Client acknowledges that EHS-RM has neither created nor
such agreement through no fault of the terminating party, contributed to the creation or existence of any type of hazardous
provided that no such termination shall be effective unless the or toxic waste,material,chemical,compound,or substance,or any
other party is given (1) not less than ten calendar days written other type of environmental hazard,contamination,or pollution,
notice of intent to terminate and (2) an opportunity for whether latent or patent or the release thereof or the violation of
consultation with the terminating party prior to the effective date any law or regulation relating thereto,at the site of the Project or
of such termination.A final invoice will be calculated on the first or in connection with the performance of the Project and it is
fifteenth of the month (whichever comes first) following the understood that EHS-RM shall have no liability for any such
effective date of termination. condition,and client shall indemnify EHS-RM for any and all loss,
4.Insurance EHS-RM shall maintain policies of insurance for the cost,or damage actually sustained and incurred by EHS-RM in
following types of coverage,each(with the exception of Workers connection therewith
Compensation)with a limit of liability of$1,000,000.00 combined
single limit and $2,000,000 aggregate. Workers Compensation d.The provisions of Paragraph 5 shall survive the completion of
(statutory) and Employer's Liability; Comprehensive General the Project or the expiration,cancellation or termination of any
Liability;and Comprehensive Automotive Liability. EHS-RM will agreement between EHS-RM and client
also maintain Professional Liability coverage of$1,000,000.00
single limit and$1,000,000.00 aggregate. 6.Standard of Care
a.EHS-RM will perform its services using that degree of care and
EHS-RM shall,at the client's request provide the client with a skill ordinarily exercised under similar conditions by reputable
certificate of insurance or other satisfactory evidence that such members of the environmental health and safety consulting
insurance has been obtained and that such policies are maintained profession performing the kind of services and practicing in the
in force throughout the period in which EHS-RM provides services same or similar locality at the time of service.
to the client under any agreement
b. Except for the express promise set forth in subparagraph (a)
S.Indemnification above, regarding EHS-RM 's standard of care, EHS-RM neither
a.EHS-RM shall indemnify and hold harmless the client and its makes, nor offers, nor shall EHS-RM be liable to client for any
directors, officers, employees, and agents from and against all express or implied warranties with respect to the performance of
liability, claims, suits, losses, damages, costs and demands, EHS-RM 's services. Estimates of cost approvals,
including reasonable legal expenses and attorney's fees connected recommendations,opinions,and decisions are made on the basis
therewith, on account of personal injury, including death, or of EHS-RM's experience,qualifications,and professional judgment
property damage,sustained by any person or entity not a party to and are not guaranteed. EHS-RM shall not be regarded as a
any agreement between EHS-RM and client and arising out of or guarantor with respect to any work product provided to client
connected with the performance of such agreement,to the extent THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
such injury,death or damage is caused by the sole or contributory FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY WAIVED BY
negligence or willful misconduct of EHS-RM or its subcontractors CLIENT.
or their respective employees,officers and agents;provided that
such injury, death or damage is not occasioned by the sole c. In no event shall EHS-RM and EHS-RM's officers, directors,
negligence of client or its contractors or their respective employees, agents, independent professional consultants, and
employees,officers and agents;and provided further,that EHS-RM contractors be liable to client and/or anyone claiming by,through
's liability under this indemnity provision shall be limited to and or under client,including client's insurers,for any lost,delayed,or
not exceed the insurance coverage's and associated limits of diminished profits,revenues,or opportunities;losses by reason of
EHS Risk Management,LLC
Page 15
shutdown or inability to utilize or complete work at the site of the 10. Subpoena/Depositions If EHS-RM personnel are called or
Project;or any other incidental,special,indirect,or consequential subpoenaed for depositions,examination,or court appearances in
damages of any kind or nature whatsoever resulting from EHS-RM any dispute arising out of the Project,EHS-RM shall be reimbursed
's performance or failure to perform services pursuant to any on a time and material basis in accordance with this agreement for
agreement such matters, including all out-of-pocket costs incurred in
connection with such matters.
d.EHS-RM and EHS-RM's officers,directors,employees,agents
and independent professionals and contractors shall not be liable 11.Severability If any of these General Terms and Conditions shall
to client and/or anyone claiming by, through or under client, be finally determined to be invalid or unenforceable in whole or in
including client's insurers, nor shall EHS-RM be liable to part,the remaining provisions hereof shall remain in full force and
indemnify client pursuant to Paragraph 5,hereof,in an amount effect and be binding upon the parties.The parties agree to reform
which exceeds either (i) $100,000.00 or the total compensation the contract between them to replace any such invalid or
value to EHS-RM of the Project,whichever amount is less,if the unenforceable provisions with a valid and enforceable provision
claims of client or clients insurers against EHS-RM are not that comes as close as possible to the intention of the stricken
covered by the insurance coverages and associated limits of provision.
liability which EHS-RM is required to maintain pursuant to
Paragraph 4 hereof,or(ii)the amount of coverage afforded by 12. Priority and Integration Once the client has signified its
EHS-RM's insurance coverage as described in Paragraph 4 hereof acceptance of EHS-RM's proposal,the express terms of EHS-RM's
if the claims of client or clients insurers against EHS-RM are proposal to client and these General Terms and Conditions shall
covered by the insurances and associated limits of liability which constitute the complete and exclusive statementof the terms of the
EHS-RM is required to maintain pursuant to Paragraph 4 hereof. agreement between the parties and are intended as a final
The client hereby forever releases EHS-RM and its officers, expression of the terms of such agreement and will supersede all
principals,employees and agents from any liability for losses or prior and contemporaneous agreements, representations or
damages sustained and incurred by the client in excess of such conditions,express or implied,oral or written. No provision of
amount EHS-RM's proposal orthese General Terms and Conditions maybe
waived,altered,or modified in any manner,unless the same shall
e.As used in this Paragraph 6,the term"liable"or"liability"means be set forth in writing and signed by a duly authorized
liability of any kind, whether in contract (including breach of representative of EHS-RM. Client may use its standard business
warranty),in tort(including negligence,whether of EHS-RM or forms (such as purchase orders) to administer any agreement
others),in strict liability,for indemnity,or otherwise,for any and between EHS-RM and client, but use of such forms shall be for
all injuries, claims, losses, expenses or damages whatsoever convenience.purposes only,and any typed provision in conflict
arising out of or in any way related to EHS-RM's services from any with the terms of EHS-RM's proposal or these General Terms and
cause or causes whatsoever, including but not limited to the Conditions and all pre-printed terms and conditions contained in
negligence,errors,omissions,strict liability or breach of contract or on such forms shall be deemed stricken and null and void.
of EHS-RM and/or EHS-RM 's officers, directors, employees,
agents and independent professional consultants,or any of them.
The provisions of this Paragraph 6 providing for limitations of and
protections against EHS-RM's liability shall survive the completion
of the Project or the expiration,cancellation,or termination of any
agreement between EHS-RM and client,and such provisions shall
apply the full extent permitted by law.
7.Hazardous Materials Client recognizes that,when it is known,
assumed or suspected that hazardous materials exist on or
beneath the surface of the site of the Project or within any
structure thereon,certain sampling materials should be handled
as if hazardous or contaminated. Accordingly,when sampling is
included in the scope of services and when determined by EHS-RM
in its sole and exclusive judgment to be necessary based on EHS-
RM's assessment of the degree of contamination,hazard and risk,
EHS-RM will promptly inform client that containerization and
labeling will be performed;will appropriately contain and label
such materials; and will leave the containers on site for proper,
lawful storage,removal,transport and disposal by client Client
waives any claim against EHS-RM,and agrees to indemnify,defend
and hold EHS-RM harmless from any claim or liability for injury or
loss which may arise as a result of the drill cuttings,drilling fluids
or other assumedly hazardous materials being left on the site of
the Project after their containerization by EHS-RM.
8.Documents All correspondence,written reports and supporting
documents provided under this agreement are for exclusive use
and reliance by the client Client acknowledges that these
documents will not be used or relied upon by entities other than
the client and may not be used or relied upon in any prospectus or
offering curriculum.
9.Promotion Client agrees that EHS-RM may use clients name and
general description of the Project as a reference for marketing to
other prospective clients.
EHS Risk Management,LLC
Page 16
EHS Risk Management, LLC
AUTHORIZATION TO PROCEED
PROPOSAL NO. 2021-08-11 01
QUEENSBURY
SAFETY SERVICES (2021)
The above-referenced proposal as described is agreed to and accepted by:
Signature Date
Printed Name Title
EHS Risk Management,LLC
Page 17
Risk
;vlanagement
EHS :
November 19,2021
Mr.John Strough
Town Supervisor
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
RE: Initial Safety Assessment
Town of Queensbury
Project No.2021-08-11_01
Dear Mr.Strough:
EHS Risk Management, LLC(EHS-RM)conducted an initial safety assessment of the Town of Queensbury
including the physical facilities and operations. The review was performed by Mr.Jason Woodruff, CIH,CSP.
The purpose of the review was to evaluate general safety and health compliance(with OSHA/PESH),define
priority safety risks to the operation and provide recommendations for safety improvements.
SUMMARY
The Town of Queensbury(Queensbury) is a municipality in Upstate New York which provides road
maintenance, cemetery/cremation services, recreational department, public works department,water
purification, and municipal services to the township. Certain services,such as hazardous material response,
is provided by the City of Glens Falls and fire services are provided by contracted services,however
Queensbury is responsible for workers'compensation insurance costs for the firefighters.
The review included:
1. A review of safety documentation requested and provided by Queensbury.
2. A site visit to Queensbury facilities/buildings on November 9, 2021 by Jason Woodruff and Mike Palmer
(Fire Marshal).
3. A follow up request for additional support safety documentation.
Based on the review,the following summary prioritizes the safety programs/risks for the Queensbury
operations:
1. The Most Common Safety Hazards and Risks for Queensbury,and/or resultant injuries,are:
• Motor Vehicle Accidents/Work on Roadways
• Ergonomics—Material Handling and Lifting
• Slips,Trips and Falls
2. OSHA/PESH and Code Rule 59 Audits: Queensbury recently had both an OSHA/PESH audit and NYS Code
Rule 59 audit. These audits demonstrate compliance issues and risks for the township. It is important to
implement effective safety programs for Queensbury to ensure compliance, minimize risk and control
work-related accidents. Corrective actions from both of these audits must be tracked to ensure
continued compliance with the controls put in place.
120 Defreest Drive,Troy,NY 12180 1 (518)281-3399
jimt@ehs-riskmanagement.com I www.ehs-riskmanagement.com
November 19,2021
Queensbury Township—Initial Safety Assessment
Project No.2021-08-21_01
3. Safety Program: The Queensbury Safety Programs were updated in 2020 and 2021. A formal Safety
Management System and several additional safety programs (i.e., noise,silica,workplace violence,etc.)
still likely need to be developed. Although most of the safety programs were recently updated, it is
recommended to update all safety programs to ensure consistency,compliance and specificity to the
operations.
4. Safety Training: Safety training is defined on a safety training matrix,and most employees appear to be
up to date on their safety training(with only some training past due). The safety training is provided
from a variety of training sources,and it was not certain that this training is specific to the operations
conducted by the township. Some of the safety training topics(i.e., HAZCOM,fall protection, PPE,etc.)
likely warrant more formal safety training for employees.
5. Safety Inspections: Queensbury does not conduct routine (i.e., monthly/weekly)safety inspections for
facilities/work areas or projects. Routine safety inspections, by the safety committee,supervisors,etc.,
will readily identify safety issues to minimize risks to employees and enhance overall regulatory
compliance.
6. Safety Initiatives: As ergonomics (material handling/lifting) and motor vehicle accidents are top safety
risks for injury,specific safety initiatives and safety training around these topics should be put in place to
increase employee awareness to hopefully reduce unsafe conditions/acts and related accidents and
injuries.
7. Safety Roles and Responsibilities: Queensbury has a"Safety Manager"with roles for safety,as well as
other township responsibilities. For most effective safety program implementation, roles and
responsibilities for the safety program must be defined for all parties involved, including the Safety
Manager, Human Resources,town board (liaison), departments,supervisors, etc. It may be beneficial to
decentralize some of these roles from the Safety Manager to the individual departments/supervisors for
requirements like safety training,safety inspections,etc.
8. Best Management Practices: Some additional safety management systems to improve your safety
program implementation include a formal accident investigation process with root cause analysis,a
process to track corrective actions from accident investigations/safety inspections to completion and an
integrated safety committee with employee representation/participation.
Specific findings and recommendations for improvement from this initial safety assessment are provided in
the attached table (Initial Safety Assessment).
RECOMMENDATIONS
The results of the initial safety assessment are in line with our initial thoughts on the Queensbury safety
program based on our preliminary discussions. The next step in the process is to update the safety programs
and customize the safety training specific to the township operations, including a safety management system
(defined roles and responsibilities) and processes for effective implementation.
EHS-RM's proposal from August 11,2021 defines a "Task 2—Design,Setup and Implement the EHS Portal"
which includes the customization of a safety management system,safety programs and safety training.
These documents are then maintained on a web based EHS Portal allowing access to applicable documents
for the safety programs,safety records,safety training, injuries and illnesses,safety activities calendar and
more.
EHS Risk Management,LLC
Page 12
November 19,2021
Queensbury Township—Initial Safety Assessment
Project No.2021-08-21_01
LIMITATIONS
1. The findings for the review are based on documentation provided by Queensbury, interviews with
responsible personnel and buildings accessible during our visit.
2. In conducting our work, EHS-RM relied on the information presented by personnel and documents
prepared by others and accepts this information as accurate and complete unless discovered otherwise
during our assessment. We did not attempt to independently verify the information provided.
CONCLUSION
The results of the initial safety assessment are provided for use by Queensbury,as deemed appropriate. EHS-
RM is available, if interested,to present the results of the assessment to the Queensbury team or town board
and to discuss prioritization of corrective actions.
EHS-RM appreciates the opportunity to provide these professional consulting services. Please feel free to
contact me at(518) 281-3399(jimt@ehs-riskmanagement.com) if you have any questions or need additional
information.
Respectfully,
On
w -
Stephen Valentine,CIH James M Testo CIH,CSP
Vice President President
Attachment
EH5 Risk Management,LLC
Page 13
Town of Queensbury—Initial Safety Assessment
(November 2021)
Subject Area, Finding: Recommendation
(Regulation)
OSHA INJURY/ILLNESS 1. Queensbury's Experience Modification Rate(EMR) has • Conduct a trend analysis of the types and root
MANAGEMENT ranged from 0.84 to 1.5 since 2014. The EMR is the rate causes of OSHA recordable injuries and illnesses
(29 CFR 1904/NYS Code used to determine your general cost for workers' over the past 3 years. Based on the results of the
Rule Part801) compensation insurance. An EMR of 1.5 means you are trend analysis,develop safety initiatives to reduce
paying 50%more (not desirable)for workers' compensation or minimize,these injuries and the root causes of
insurance than similar organizations and 0.84 means you are these injuries.
paying 16% less (more desirable). Overall,the EMR is • Continue to minimize injuries and illnesses to push
trending downward since 2016. However, an EMR over 1.20 the EMR toward 1.0 (industry average)with a
previously triggered a NYS Code Rule 59 audit. 2022/2023 goal of an EMR of less than 1.0.
2. At the time of this report, EHS-RM did not yet receive details
on the past 3 years OSHA injuries/illnesses (OSHA 300/PESH
900)or the specific sources of injuries.
ACCIDENT 1. Queensbury has an accident investigation process, however • Update the accident investigation process to
INVESTIGATION the process did not appear to include root cause analysis or include root cause analysis and tracking of
tracking of corrective actions to completion. corrective actions to completion.
• Manage accident investigations and follow up
through the safety committee.
SAFETY PROGRAM 1. Queensbury has developed Job Safety Analysis (JSAs)for • Update the JSAs to include hazard and task
(General) multiple tasks conducted by the township. These include identification with associated controls.
personal protective equipment(PPE) requirements but lacks • Develop a formal Safety Management System that
specific tasks,SOPS, hazard identification and controls. details the policies, procedures, roles,
2. Queensbury does not have a comprehensive Safety responsibilities and disciplinary procedures for
Management System in place for effective management of safety program implementation/management.
each of the safety programs describing roles, responsibilities, . Ensure safety programs are in place for all OSHA
policies,and enforcement/disciplinary programs. required regulations. Develop each program in a
3. Queensbury has specific Safety Programs (Emergency Action, consistent format and validate that each program
HAZCOM, Lockout/Tagout,etc.), but these programs appear contains all required OSHA elements.
to be separately developed and separately formatted • Define, in your Safety Management System,the
resulting in a lack of consistency. roles and responsibilities for safety program
4. It was unclear who at Queensbury is responsible for implementation and management, including the
implementation and enforcement of the safety program, and roles of the town board. Consider adding a liaison
EHS Risk Management,LLC
Page 14
Town of Queensbury—Initial Safety Assessment
(November 2021)
Subject Area Finding Recommendation
`(Regulation)
the role of the town board with regards to the safety member of the town board for the safety program.
program.
SAFETY TRAINING 1. Queensbury provided a safety training matrix including • Develop a safety training management process that
(General) topics and the last dates of training for employees. A few defines the means safety training will be provided
safety training topics and/or employees appeared past due to all employees, including the training topics,
on some training. training materials, means of training roll out,who
2. Queensbury does not have a comprehensive safety training will provide the training(and training for the
management process to ensure the on-time completion or trainers), means to verify training effectiveness,
tracking of safety training. training tracking,etc.
3. Queensbury noted providing safety training on various • Review all of the safety training methods and
online methods,which are not particularly specific to the training materials to ensure they are specific to the
Township's operations. Township's operations. As needed, modify and
develop additional safety training materials.
WORK AT HEIGHTS 1. Queensbury uses a bucket truck, as well as man lifts,to • Develop a Standard Operating Procedure (SOP)or
(29 CFR 1910.29J access elevated work areas including on top of trucks for JSA for mounting salting equipment to always use a
mounting snow removal/salting equipment. Fall protection manlift or similar equipment and to have fall
equipment is available. A previous injury was noted which protection available when working on top of trucks.
involved personnel working on top of trucks to mount salt • Consider elimination of the man basket and replace
equipment. There are no procedures in place forthis with a manlift designed for this use.
activity. . Install railings around all tanks with fall hazards in
2. A man basket was observed,which was noted to be the water treatment plant.
connected to a frontend loader. A front-end loader with
bucket tilt capability should not be used with a man basket.
3. In the water treatment plant, railings are missing around the
clarifying tanks and filter rooms to prevent falls into the
tanks.
VENTILATION 1. Queensbury has ventilation systems in the maintenance . Ensure ventilation systems in place for diesel
(29 CFR 1910.94) garage for diesel exhaust. exhaust control in the garage are part of a
2. In the water treatment plant, hypochlorite tanks are present preventive maintenance program and utilized for
for disinfection of water. General dilution ventilation is operation of any vehicles indoors.
present in the building. • Consider local exhaust ventilation for the
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Town of Queensbury—Initial Safety Assessment
(November 2021)
Subject.Area finding Recommendation
(Regulation)
3. A lab hood is present in the water treatment plant. This hypochlorite tanks in the water treatment plant to
hood is not in use. keep all vapors within the tanks (negative pressure)
and to exhaust vapors to prevent acidic/oxidative
reactions to infrastructure.
• If the lab hood is utilized in the future, conduct an
air flow test before the hood is put back in use.
NOISE 1. Some Queensbury employees noted intermittent exposure • Conduct noise monitoring of job tasks with
(29 CFR 1910.95) to high noise sources (i.e.,jackhammer,woodchipper, potential exposure over the OSHA noise action level
chainsaw,snowblower,etc.). No noise monitoring has been (85 dBA). Based on the results, determine
conducted to determine if these employees should be applicability to the OSHA standard and a formal
enrolled in a formal Hearing Conservation Program. Hearing Conservation Program.
RESPIRATORY 1. The Queensbury crematory personnel utilize respirators. At e Verify that all respirator users are provided with
PROTECTION the time of the visit,the personnel were not available for routine(initial/annual) respirator medical
(29 CFR 1910.134) interview to determine respiratory program status including surveillance and fit testing.
types of respirators,fit testing, medical surveillance,etc. • Update the Respiratory Protection Program to
specify the type of respirator cartridges, change out
schedule,or other details regarding respirator use
(when required,when not).
CONFINED SPACES 1. Queensbury has confined spaces throughout the • Update the Confined Space Program to include an
(29 CFR 1910.146) infrastructure for the township(i.e., pits,water wells,water inventory of all confined spaces and an entry
treatment plant,sewers,vaults, etc.). process (i.e., permit space, reclassified space or
2. No documentation was available regarding a confined space non-permit space)for confined spaces that may be
inventory,annual confined space reviews,or specific entry entered.
protocols for these confined spaces. • Review all confined space entry permits at least
annually.
LOCKOUT/TAGOUT 1. Some Queensbury operations use machinery and equipment • Update the Lockout/Tagout Program to include the
(29 CFR 1910.147) (i.e., retorts in the crematory)that may require locking and specific equipment requiring LOTO procedures,and
tagging out during servicing and maintenance. general details on LOTO.
2. The Lockout/Tagout(LOTO) Program lists some equipment . Develop equipment-specific LOTO procedures for
requiring LOTO and has some generic procedures for all required machinery and equipment(i.e., retort
shutting down and controlling energy. ovens).
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Town of Queensbury—Initial Safety Assessment .
(November 2021)
Subject Area Finding'. Recommendation
fi
(Regulation)-
• Conduct authorized LOTO user training for all
personnel conducting LOTO.
• Conduct periodic(annual) reviews of authorized
LOTO personnel and written LOTO procedures.
MACHINE GUARDING 1. A handheld angle grinder in the highway department • Install a guard on the angle grinder. Verify
(29 CFR 1910.212) building was missing a guard. compliance with other grinders and communicate
this requirement to applicable employees.
MATERIAL HANDLING 1. Queensbury does not utilize forktrucks,cranes or other • No recommendations.
EQUIPMENT material handling equipment.
(29 CFR 1910.176,178
and 179)
AIR CONTAMINANTS 1. Queensbury may have potential asbestos containing • Consider conducting an asbestos survey of all the
(29 CFR 1926.Subpart Z) materials in some buildings. A comprehensive assessment pre-1980 facilities/buildings.
has not been conducted to determine presence/locations of • If formaldehyde is used in the crematory, conduct a
any asbestos. formaldehyde exposure assessment for affected
2. Formaldehyde may be present in cadavers at the crematory. employees working in the crematory.
A formaldehyde exposure assessment has not been
conducted.
RESPIRABLE 1. Queensbury employees potentially conduct drilling,cutting, • Develop a Silica Control Plan that defines those
CRYSTALLINE SILICA jackhammering,and other tasks disturbing concrete which tasks that could disturb concrete,such as drilling,
(29 CFR 1926.1153/29 may expose them to silica. cutting,jackhammering,etc.
CFR 1910.1053) • Based on the tasks, determine if silica air sampling
is warranted or if they will follow OSHA Table 1
requirements.
• Ensure appropriate equipment is available for silica
control.
• Provide silica safety training to any affected
employees.
BLOODBORNE 1. Queensbury's Bloodborne Pathogens Program identifies . Ensure all personnel listed in the Bloodborne
PATHOGENS multiple personnel with potential exposure to bloodborne Pathogens Program are offered the HBV vaccination
(29 CFR 1910.1030) pathogens (i.e., lifeguards, public works,maintenance,etc.).
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Town of Queensbury—Initial Safety Assessment
(November 2021)
Subject"Area 'Finding Recommendation
<.(Regu latio n).`_..,.
2. No information was available regarding Hepatitis B or document declination.
vaccinations or a documented declination.
SAFETY INSPECTIONS 1. No formal or routine (monthly)safety inspections are • Conduct monthly safety inspections of all
(Not OSHA Required) conducted of the Queensbury operations or facilities. Queensbury operations and facilities. Consider
supervisors and/or the safety committee members
for these safety inspections.
ENVIRONMENTAL 1. Queensbury has multiple oil storage locations. No • Consider an environmental review of potential
(NYS DEC) documentation was provided regarding the quantity of environmental compliance requirements,such as
petroleum products storage(over 1,320 gallons)or spill prevention (SPCC),stormwater(SWPPP),
applicability to spill prevention (SPCC). universal waste, etc.
EHS Risk Management,LLC
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