JPIA’s no change in rates is in contrast

to the rest of the California workers’

compensation market.

PerspectiveACWA Joint Powers Insurance Authority Vol. 30 No. 4 July/August 2009

Inside This Issue ...Claire A. Hill Scholarship ..........................................................................2

2009 Meeting Calendar ..........................................................................2

Re-Engaging Staff for Better Results..........................................................3

H.R. LaBounty Safety Awards Announced at Spring Conference .............4

The Lending Library Continues to Grow ...................................................6

JPIA’s San Diego Training Conference Offered Great Networking Opportunities ..............................................................8

Heat Illness Prevention Saves Lives ..........................................................9

Wildfire Dangers .....................................................................................10

Important Rulings - Wage & Hour Laws and Class Action Lawsuits ........11

The JPIA Hires A New Director of Finance ...............................................12

How To Reach JPIA ................................................................................12

ACWA/JPIA Mission Statement ................................................................12

JPIA Keeps Workers’ Compensation Rates StableThe JPIA’s Workers’ Compensa-tion Program Subcommittee met on May 18, 2009, to discuss the Work-ers’ Compensation rates for the renewal effective July 1, 2009. After review of the various excess insur-ance proposals received from Metro/Risk, Inc., the JPIA’s broker, the Subcommittee recommended to the Executive Committee to keep rates the same as last year.

The decision to keep renewal rates stable solidifies the JPIA Mis-sion Statement to consistently pro-vide the broadest possible afford-able insurance coverage to its mem-ber agencies. The stability of the JPIA’s Workers’ Compensation Pro-gram is a direct result of the team-work between the JPIA staff and its member agencies. Although the JPIA’s overall rates remain stable, because of changes in individual members’ Ex-Mod factors as well as changes in payroll, members may or may not see changes in premium.

JPIA’s no change in rates is in contrast to the rest of the California workers’ compensation market.

Many carriers, including the State Compensation Insurance Fund, posted double digit increases for policies effective July 1, 2009. After much reform, the workers’ compen-sation industry is still very volatile.

The Workers’ Compensation In-surance Rating Bureau of California (WCIRB) has rec-ommended a 23.7 percent increase in its Claims Cost Benchmark to each of the current pure pre-mium rates in each employee classification ef-fective July 1, 2009. An increase in the Cost Benchmark usually leads to workers’ compensation insurance premium increases. However on July 8, the Insurance Commissioner, Steve Poizner, rejected the request for a pure premium rate increase from the WCIRB. The Commissioner has recommended there be changes in the rate setting process where in-efficiencies exist. Mr. Poizner points

out that ultimately he does not con-trol the rates that can be charged by insurers. Public response to the proposed increases asserted that California employers cannot afford record increases at a time when busi-ness and the economy are suffering through a painful recession.

The drama in California’s work-ers’ compensation industry will continue, especially in light of the two recent Workers’ Compensation Appeals Board (WCAB) en banc deci-sions, Ogilivie v. City and County of San Francisco and Alamraz v. Environ-mental Recovery Services/Guzman v. Milpitas Unified School District. These decisions attributed 16.9 percent of the WCIRB’s requested increase to

continued on page 2

Wes Bannister, Lynn Groundwater, and Don Groundwater.

Perspective 2 July/August 2009

The Perspective (ISSN 1073-5380) is published bi-monthly for its membership for a fee of $10 each by the ACWA/JPIA, 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610-7632. Periodical postage is paid at Citrus Heights and additional Offices. It is produced and edited by Sylvia Robinson, ACWA/JPIA’s Publications & Web Editor. Prior written permis-sion from the ACWA/JPIA is required for any whole or partial reproduction of this newsletter.

Postmaster: Please send address changes to Perspective C/O ACWA/JPIA, 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610-7632.

OFFICERS: President: Wes Bannister, Orange CWD; Vice President: Joan C. Finnegan, MWD of Orange County; Chief Executive Officer/Secretary/Treasurer: Dan Klaff, CEO; Assistant Treasurer: Walter “Andy” Sells, CF&OO; Auditor/Controller: Eldon Boone, Vista ID

EXECUTIVE COMMITTEE: Chairperson: Wes Bannister, Orange CWD; Vice Chairperson: Joan C. Finnegan, MWD of Orange County; Merle J. Aleshire, Valley Center MWD; Tom Cuquet, South Sutter WD; Joseph Dion, Citrus Heights WD; Jerry

Gladbach, Castaic Lake WA; Paul Kelley, ACWA Vice President; W.D. Bill Knutson, Yuima MWD; Melody McDonald, San Bernardino Valley WCD; Lou Reinkens, Tahoe City PUD

PERSONNEL ADVISORY COMMITTEE: Chairperson: Wes Bannister, Orange CWD; Vice Chairperson: Joan C. Finnegan, MWD of Orange County; Jerry Gladbach, Castaic Lake WA; W.D. Bill Knutson, Yuima MWD

FINANCE & AUDIT COMMITTEE: Chairperson: Eldon Boone, Vista ID; Mark Gardner, Wheeler Ridge-Maricopa WSD; Michael Grandy, El Toro WD; Suha Kilic, Pebble Beach CSD; Dennis Michum, Glenn-Colusa ID; Steve Ruettgers, Kern CWA; Tom Scaglione, Vallecitos WD

RISK MANAGEMENT SUBCOMMITTEE: Chairperson: Joan C. Finnegan, MWD of Orange County; Vice Chairperson: Merle J. Aleshire, Valley Center MWD; Fred Bockmiller, Mesa Consolidated WD; Greg Hoyle, Valley Center MWD; Sanford Kozlen, Carmichael WD; Bob Kuhn, San Gabriel Basin WQA; Ulrich Luscher, Sierra Lakes CWD; Kevin McKenny, Humboldt CSD; Charles Muse, Helix WD

LIABILITY SUBCOMMITTEE: Chairperson: Jerry Gladbach, Castaic Lake WA; Vice Chairperson: Joseph Dion, Citrus Heights WD; Everett Ascher, Coastside CWD; Roy Coox, Vista ID; Gary Enos, Provident ID; Don Groundwater, Bella Vista WD; John E. Hoagland, Rancho California WD; Bertha Underhill, Calaveras County WD; Bob Van Wyk, Fresno Metropolitan FCD

PROPERTY SUBCOMMITTEE: Chairperson: Tom Cuquet, South Sutter WD; Vice Chairperson: Melody McDon-ald, San Bernardino Valley WCD; Guido Colla, So-lano ID; Jack Cunningham, Goleta WD; Ken Deck, Rowland WD; Mark A. Gilkey, Tulare Lake Basin WSD; Ed Muzik, Hi-Desert WD; Robert Noonan, Orchard Dale WD; Jace Schwarm, San Dieguito WD

WORKERS’ COMPENSATION SUBCOMMITTEE: Chairperson: W.D. Bill Knutson, Yuima MWD; Vice Chairperson: Lou Reinkens, Tahoe City PUD; Steve Curnow, Suisun Solano WA; Rick Gilmore, Byron-Bethany ID; William Kassis, Scotts Valley WD; Boyd Lypka, Orange CWD; Robert Moore, South Coast WD; Wayne Nygaard, Palm Ranch ID; Andy Rutledge, Antelope Valley-East Kern WA

2009 Meeting CalendarSept 29 - Finance & Audit CommitteeSept 30 – Executive CommitteeNov 30 – Workers’ Compensation Program

Subcommittee (fall 2009 conference - San Diego) (tentative)

Nov 30 – Risk Management Subcommittee (fall 2009 conference - San Diego) (tentative)

Nov 30 – Finance & Audit Committee (fall 2009 conference - San Diego) (tentative)

Nov 30 – Executive Committee (fall 2009 conference - San Diego)

Nov 30 – Board of Directors (fall 2009 conference - San Diego)

the Benchmark since they raise the estimated costs of fu-ture medical claims and permanent disability ratings.

The JPIA is committed to working with its member agencies by providing risk management consultations, ergonomic evaluations, Occu-med services, training pro-fessionals, Target Safety on-line training, and, above all, long-term relationships and stability in costs.Written by: Nidia Watkins, Member Services Representative

JPIA Keeps Workers’ Compensation Rates Stablecontinued from page 1

Claire A. Hill ScholarshipEach year a scholarship, sponsored by CH2M Hill, is awarded to a deserving student. The program is admin-istered by the ACWA member agency that received the Clair A. Hill Water Agency Award for Excellence the previous year. In 2008, Orange County WD was honored with the award for its innovative “Groundwater Replen-ishment System”.

Lynn Groundwater, a BioResource and Agricultural Engineering student at California Polytechnic State Uni-versity was awarded the Clair A. Hill Scholarship. The presentation of the award was made at the JPIA’s July 16 Liability Program Subcommittee meeting. It turned out to be a convenient location, since essentially everyone involved would be at the same place at the same time. Making the presentation was JPIA President, Wes Bannister of Orange County Water District. Lynn’s father, Don Groundwa-

ter of Bella Vista WD, is a member of the Subcommittee, so she traveled to Citrus Heights with her dad to receive the award. Congratulations, Lynn.Written by, Michelle Stites, Administrative Assistant II

Any working population can be divided into three categories:

1. People who are engaged – loyal and productive, mentally and emotionally invested in their work.

2. People who are not engaged – just putting in time.

3. People who are actively disengaged – unhappy and spreading their discontent.

Perspective 3 July/August 2009

Re-Engaging Staff for Better Results

Study after study has shown that only about one quarter of the work-force is truly engaged in their work. What do you think the percentage is for your agency? The actual statis-tics are that in the U.S. workforce 26 percent are engaged, 55 percent are not engaged, and 19 percent are ac-tively disengaged. (See insert).

What does it mean that three quarters of your workforce tends to be “out of touch”, more or less? At minimum, it means productivity is not what it could be; innovation is not what it could be; and therefore, service, safety, and progress will suf-fer. It can also mean your employees are looking elsewhere for the kind of work that they can be passionate about and embrace.

Many managers feel that en-gaging employees is one of those “touchy feely” things that should be left to the human resources depart-ment. “Keeping employees happy has to do with pay, benefits, vaca-tion time – things I have no control over as a supervisor or manager,” some might be thinking. Nothing could be further from the truth!

Countless surveys show that individuals don’t leave organiza-tions; they leave their supervisor or manager. Yes, the top reason people leave their jobs is not because of pay or benefits, but because of their relationship with a boss. Therefore, supervisors and managers play the major role in keeping people engaged in their work and deliver-ing on the organization’s goals and objectives. They are the most impor-tant connection and relationship.

What can you do as a general manager, manager, or supervisor (anyone with direct reports, really) to increase that 25 percent of em-ployees that are engaged and to in-crease productivity, spur innovation, and more effectively and efficiently

deliver water to your customers? It’s really quite simple; the formula starts with having a conversation. Yes, you actually need to talk with your staff.

A bi-monthly check-in is ideal, where the two of you sit down and talk about the employee’s needs, any roadblocks being encountered, and how you can help. Simple questions are all that’s needed – asked with sincere interest, of course. The con-versation should be all about them. Sample questions to ask are:

How is your job going? ●What aspect of your job do you ●really enjoy?What aspect of your job would ●you like to change?What challenges are you encoun- ●tering?What can I do to better support ●you?What do you need from me? ●

Many are reluctant to ask these questions because it means we may need to help find a solution or for fear that we won’t be able to solve the issue. But that is okay. The em-ployee sincerely appreciates any ef-fort a manager makes on his or her behalf. Just authentically asking the questions tells the employee you are interested.

Here are some other ways to pro-mote employee engagement in the job they do:

Explore possible new duties or ●rolesOffer to send employee to train- ●ing to develop new skills or brush up on a topicConsider offering him or her spe- ●cial project workProvide mentoring opportunities ●(to be a mentor or a mentee) – ev-eryone has something they can teach someone elseGive recognition often, but in ●the format the employee desires (a sincere “thank you” from the boss goes a long way)It all comes back to effective, hon-

est communication with our employ-ees if we are to see results. You are probably saying, “I have too much to do now, I don’t have time to chat with my staff.” You need to make

time! Your life will become much easier and less hectic as your staff be-gins to perform at higher levels, personnel is-sues diminish, and you are better able to meet the de-mands of your customers.

For more information

and tips on keeping employees engaged, read Love ‘Em or Lose ‘Em: Getting Good People to Stay by Beverly L. Kaye and Sharon Jordan-Evans or The Carrot Principle by Adrian Gostick and Chester Elton.Written by: Patricia Slaven, Training Specialist

Custom steel stairs designed by Butch Stevens, Maintenance Leadman and skilled welder, and John Granado and Toby LaMunyon, both Maintenance Worker I’s, from East Contra Costa Irrigation District.

Color coding system developed by Frank Scheafer, Water Main Crew Leader at Mesa Consolidated Water District.

Perspective 4 July/August 2009

H.R. LaBounty Safety Awards Announced at Spring ConferenceThe JPIA offers the H.R. LaBounty Safety Awards to its members twice a year. The announcement of the winners is made at the spring and fall conferences. The purpose of the

award is to promote safe work behavior and reward employees whose actions have contributed toward reducing the potential for liability, property, or workers’ compensation losses. The award program provides a great way for members to share loss preven-tion “good ideas” and “lessons learned” with the entire member-ship.

Employees may be nominated by their co-workers, supervisors, or managers. Nominations should be based on observable behavior, demonstrable activities, or partici-pation in or development of safety related programs.

Here are some of the winning ideas announced at the spring con-ference in Sacramento this year.

Jason Moore, Mechanical System Technician, Helix Water

District (HWD) constructed a device to safely take samples from bulk de-livery tankers. The old method re-quired the driver, wearing a Level C suit, rubber boots, chemical goggles,

face shield, and gloves to get on top of the tanker. The driver had to open the top hatch and, us-ing a 3-foot sample dip stick, fill a 500 ml container. The driver would then hand it to a HWD main-tenance person who would rinse the outside of the container with water be-fore taking it into the lab to be analyzed. The new sample tool is a quick con-

nect cam-lock fitting at the chemical intake location with a ¼ inch ball valve. The driver is now able to hook up his offloading hose to the sample tool and use the ¼ inch ball valve to fill the 500 ml sample container. Ev-erything is now done on the ground and within a containment area!

Dave Spain, Supervising System Operator at Crescenta Valley Water District, came up with an idea of how to protect the main electrical box from damage at their Well #6. They surmised that it was being damaged by the garbage truck pick-ing up trash or another truck back-ing into the space. Jim Halaszynski, Plant Maintenance Specialist, took Dave’s idea and built a protective barrier.

Frank Scheafer, Water Main Crew Leader at Mesa Consolidated Water District created a method of color coding recessed valves that are in close proximity to each other to avoid the potential for turning off the wrong valve.

Bob Mitchell and Tom Neville, both Water Systems Operators at

Protective barrier designed and built by Dave Spain, Supervising System Operator, and Jim Halaszynski, Plant Maintenance Specialist, from Crescenta Valley Water District.

Perspective 5 July/August 2009

American River Flood Control DistrictEric Maculak - $100Sean O’Connor - $100Ross Kawamura - $100Roger Unruh - $100

Carmichael Water DistrictRyan Stinson - $100

Crescenta Valley Water DistrictDave Spain - $100Jim Halaszynski - $100Richard Scott - $100

East Contra Costa Irrigation DistrictButch Stevens - $150John Granado - $150Toby LaMunyon - $150Ron Allen - $75Gary Smith - $200

Helix Water DistrictJason Moore - $200Matt Yantos - $100Terry Hartnett - $200Ken Nakamura - $150

Mesa Consolidated Water DistrictDonald (Drew) Gardner - $75Piet Pijl - $75Frank Scheafer - $100Bob Mitchell - $100Tom Neville - $100

Orange County Water DistrictGlen Arrieta - $75

Palo Verde Irrigation DistrictRichard Mackey - $150

Rancho California Water DistrictChris Lopez - $200David Holguin - $200

Sacramento Suburban Water DistrictTodd Artrip - $100Dan York - $50

Tahoe City Public Utility DistrictRalph Turner - $100

Western Municipal Water DistrictWilliam (Bill) Brighton - $100Valmore Thomas - $100James Boucher - $150

H.R. LaBounty Safety Award Winners - Spring 2009

Mesa Consolidated Water District, recognized that the five gallon plas-tic buckets used to manually haul material, weighing up to 50 pounds, created serious potential for back injuries for themselves and their co-workers. They recommended that the district purchase small dump buckets, which are larger than the plastic buckets, have a welded hoist-ing point, and bottom dump mecha-nism controlled by a lever that locks in place. These buckets are mechani-cally lifted using a hoist or backhoe.

Unclogging the debris/moss screens at East Contra Costa Irriga-tion District’s Main Canal required an employee to enter the river and navigate the slippery sides of the screen structure. To eliminate this exposure, Butch Stevens, Main-tenance Leadman and skilled welder, along with John Granado, and Toby LaMunyon, both Main-tenance Worker I’s, designed a custom set of steel stairs 10 feet in length. The steps are open with a rated steel edge, which provides for drainage and a non-slip surface. The structure and railings were dipped in galvanizing material, providing a virtually maintenance free structure.

Jim Boucher, Sr. Operations Technician I at Western Municipal Water District, fabricated a tool to quickly shut off water when an air/vac is sheared off by a vehicle hit-

ting it. The device consists of a hose with clamps and valve. The hose is placed over the sheared end of pipe, the clamps are secured, and the valve is turned off. The old proce-dure required digging up the street and closing the corporation valve at the main or identifying and closing the grid valves in the distribution system.

The complete list of award win-ners for the spring 2009 conference is in the shaded box below. Congratu-lations to all. Award nomination forms and instructions are available on the JPIA’s website at the follow-ing link www.acwajpia.com/Safe-tyAwards.aspx. Written by: Lee Patton, Sr. Risk Management Consultant

Perspective 6 July/August 2009

The Lending Library Continues to GrowJPIA has added 18 new programs to its ever-growing Lending Library. Members are welcome to view these new programs; call Jody Murphy at the JPIA, (800) 231-5742, extension 3156, or send an e-mail to videos@acwajpia.com. Members can also request DVDs and videos online on the JPIA’s website at www.acwajpia.com/ResourceSearch.aspx

Back Safety: Lift for Life 040.07.1F (Summit Training Source) (15 minutes) (DVD) Many of the causes of back injury can be prevent-ed by teaching employees to follow proper lifting techniques and the basics of back safety. Help prevent incidents, accidents, and associated costs of back injury by educating employees with this engaging pro-gram. This program covers common back injuries, proper posture, reduc-ing the hazard, accessing the lift, lifting safely, and other risk factors. This DVD can be viewed in English or Spanish and with or without sub-titles.

Truck Mounted Articulating Knuckle Boom Cranes 120.12.1 (Dig-ital-2000) (14 minutes) (DVD) The truck-mounted articulating knuckle boom crane is the most versatile piece of lifting equipment in any fleet. They are used to handle, de-liver, and pick up a variety of loads. The program talks about the safety considerations associated with this equipment and it teaches workers how to avoid an accident. Statistics show that in the past, poorly trained operators have been at the root of far too many crane accidents industry wide.

Treatment Plant Safety 170.27.1 (Digital-2000) (14 minutes) (DVD) This orientation program was de-signed to help inform treatment plant workers of the dangers in the day-to-day work at a water treat-ment plant. Workers experience the dangers of working in or around

pumps, electricity, laboratories, and chemicals. This program explains the special safety concerns of opera-tors, technicians, and maintenance personnel.

Office Ergonomics Today 190.08.1F (Summit Training Source) (17 minutes) (DVD) This program was filmed with the nation’s leading office furniture manufacturer and ergonomic office designer; it shows a broad range of office situations and computer use that all workers can relate to. The techniques and best

safety practices demonstrated will teach workers the causes of Mus-culoskeletal Disorders (MSDs) and motivate them to follow safe work procedures to reduce their exposure to risk factors.

Sodium and Calcium Hypochlo-rite 250.25.1 (Digital-2000) (15 min-utes) (DVD) This safety video pro-gram discusses some of the dangers of sodium and calcium exposure. This program discusses safe work practices, exposure limits, and safety regulations, as well as proper per-sonal protective equipment (PPE).

Backhoe Operations for Pub-lic Workers 280.03.1 (Digital-2000) (10 minutes) (DVD) This DVD is designed to remind backhoe opera-tors about the hazards and safety precautions necessary to adhere to when operating this complex piece of equipment. Covered are many scenarios such as working on the job site, watching out for other co-workers, working near power lines, watching out for pinch points, prop-erly setting the supports, and no rid-ers on the equipment.

Dump Truck Safety 280.35.1 (Digital-2000) (10 minutes) (DVD) Dump trucks are complicated and expensive pieces of equipment and untrained drivers can certainly be a liability. This program covers pre-startup procedures, brake systems, dumping techniques, and general safety while operating the unit.

Loader-Backhoe Operator Safety 280.36.1 (Equipment Training Re-sources) (20 minutes) (DVD) Opera-tor Safety is designed specifically for operators. The program covers the most common mistakes and ac-cidents involving these machines, as well as loading, transporting, utility dangers, and rollover accidents.

Valve Crew Safety 470.23.1 (Dig-ital-2000) (10 minutes) (DVD) This DVD describes the different types of valves and associated hazards. It re-views the use of personal protective equipment (PPE) and safety mea-sures. Included are special emphasis on ergonomics, avoiding awkward postures, and demonstrating proper lifting techniques. There is program footage with scenes of water opera-tions. The content is applicable to any industrial environment utilizing valves and pipes such as water and wastewater utilities.

Accident Investigation: Examin-ing the Details 010.06.1 (Summit Training Source, Inc.) (18 minutes) (DVD) When an accident occurs it

Perspective 7 July/August 2009

may seem that the reasons are obvi-ous, but the reality is the cause of an accident is almost always more complicated than it first appears. This program will train anyone involved on how to figure out ex-actly why an accident occurred. Successfully implementing accident investigations can help put into mo-tion changes that will help achieve a safer workplace for everyone in the future. This program can be viewed in English or Spanish and with or without subtitles.

Bloodborne Pathogens: Univer-sal Precautions 050.01.1 (Summit Training Source, Inc.) (15 minutes) (DVD) This program uses real life scenarios, on-site footage, and high-end animation to provide employees with the knowledge and training necessary to protect themselves and their co-workers. No matter the oc-cupation, the risk of encountering bloodborne pathogens is present. Teach your workers the hazards of bloodborne pathogens and how to reduce the risk of exposure. This program can be viewed in English or Spanish and with or without sub-titles.

POWERLIFT: Lifting Training That Works 040.08.1E (ERI Safety Videos) (19 minutes) (DVD) Most of us have been trained to lift objects with the traditional “bend your knees and keep your back straight” technique, but it just doesn’t work. Dr. Schaefer has recognized the flaws of the conventional lifting technique and developed a safe, easier and stronger lifting position, the powerlift. This technique keeps the back in a powerful and safe pos-ture while an object is being lifted. This program explains the five lift-ing techniques that have been de-rived from the powerlift position so viewers can move materials safely in practically every situation. These techniques are being incorporated into the JPIA’s Field and Office Er-gonomic Training classes and are a must-see for everyone.

Trenching and Excavation Safety: The Scott May Story 510.13.1 (ERI Safety Videos) (19 minutes) (DVD) Trenching and excavation work, it’s the starting point of most construc-tion projects. Before you dig, there’s a lot you need to know, because the risks, just like the weight of the soil, are too great to take a chance. This type of work is dangerous, with more than 100 workers killed in trench accidents each year. So if you work in a trench or excavation, no matter what your job, you need to know the safety requirements and that’s the purpose of this program. Discussed are the safety rules for trenching operations and when they apply as well as the lessons learned from the story of Scott May, a young worker who was killed in a tragic excavation accident.

A River for All: The Life of the San Joaquin 520.40.1 (California Farm Water Coalition) (22 minutes) (DVD) This video explores the histo-ry of water development in Califor-nia and how decisions made in the 19th Century and beyond played a role in the water system we have to-day. Decisions on the restoration of the San Joaquin River will no doubt affect the people who rely on it for their livelihoods. While the effort to return salmon to the river has wide ranging support, much still must be done to achieve a balanced solution for all.

Shock Proof: Qualified Em-ployees 160.19.1 (Summit Training Source, Inc.) (16 minutes) (DVD) This program features scenes from a wide variety of workplace settings, making it relevant to all types of workers. This program differs from other electrical safety programs available because it covers a wide variety of important topics and com-plies not only with OSHA standards but with NFPA guidelines as well. This program can be viewed in Eng-lish or Spanish and with or without subtitles.

Heat Stress: Preventative Mea-sures 270.10.1 (Summit Training Source, Inc.) (15 minutes) (DVD) Heat kills an average of 500 people in the United States each year and is often overlooked as a root cause of injuries and death in the workplace. It is not just workers performing jobs outdoors under the sun who are at risk, but those working indoors around boilers, steel, and many man-ufacturing processes as well. This DVD can be view in English or Span-ish and with or without subtitles.

Just a Second Ago: The Brad Liv-ingston Story 400.18.1 (American Training Resources) (21 minutes) (DVD) Do you need a motivational video to enhance your organization’s safety culture? If so, this DVD is for you. When Brad Livingston decided to violate procedures, participate in a shortcut, and condone the unsafe actions of a co-worker, his world was literally blown apart in a matter of seconds. To prevent others from making the same mistakes he did, Brad motivates his audience to main-tain a proper safety perspective and helps them truly understand why they must work safely every day. Your facility’s safety culture will im-prove when workers hear the lessons shared by Brad Livingston!

Recommended Practices for the Use of Industrial Vacuum Equip-ment 470.24.1 (WaterJet Technology Association) (32 minutes) (DVD) This DVD was prepared to develop recommended practices for the use of industrial vacuum equipment. Topics included are injury potential, seeking medical attention, damage, explosion, types of trucks, getting started, pre-job preparations, work-ing safely, job completion, loading and off loading, equipment mainte-nance, and regulations and certifica-tions.Written by: Jody Murphy, Administrative Assistant II

PDP Participants Who Recently Completed Specialty AreasWendy Holloway Customer Accounts Supervisor Crescenta Valley WD

Hector Calderon Maintenance Worker III Laguna Beach CWD

Debby Dorney Customer Service Office Supervisor Laguna Beach CWD

Manuel Granados Maintenance Worker III Laguna Beach CWD

Ryan Graff Meter Reader Mesa Consolidated WD

Eric Stiegler Safety Coordinator Mesa Consolidated WD

Brian Gurdine Instrumentation Technician Moulton Niguel WD

Nathan Vance Corrosion Control Technician Rancho CA WD

Anna Dye Operations & Maintenance Technician II Rancho CA WD

Doug Cater Superintendent Field Services Sac Suburban WD

Hank Samaripa Project Engineer Yorba Linda WD

Carol Lewis from Vallecitos Water District and Laura Matthews from Central Coast Water Authority.

Perspective 8 July/August 2009

JPIA’s San Diego Training Conference Offered Great Networking OpportunitiesThe first 2009 JPIA Training Conference was held in sun-ny San Diego. There wasn’t much time to enjoy the surf and sand during the day, but after attending a selection of 24 sessions for the two-day conference, a walk along the beach or pier was a well earned treat.

The conference kicked off with the energetic and en-lightening presentation, Rolling With the Punches: Com-munication Tools for a Pressure – Driven World. It was followed by 11 informative sessions, which included topics from OSHA Inspections to New Employee Orien-tation. For the second day, 12 more informative sessions were scheduled, offering a great opportunity to com-plete several Professional Development Program (PDP) requirements in a short span of time. At this conference, participants also had the opportunity to attend two new sessions, Avoiding Multi Employer Liability and Change Management: Ready, Set, Change.

“All work and no play” doesn’t make a fun confer-ence, so a “Networking Blackout Bingo” was held. The purpose of the game was to promote networking. Each attendee was asked to fill a “bingo” card with other con-ference attendees’ pertinent contact information. Raffle tickets were given for a completely blackened out bingo card and names were drawn for prizes. The grand prize winners were Carol Lewis from Vallecitos Water Dis-trict, Laura Matthews from Central Coast Water Author-ity, and Dennis Williams from Valley Center Municipal Water District.

The conference attendance was low; a sign of the economic times, but the conference was well received by those PDP participants who were completing their spe-cialty area. The PDP participants that have successfully achieved that goal are listed in the accompanying box.

Congratulations to all and thank you for supporting our efforts to bring relevant, useful, and life enhancing information to all our members.Written by: Chris Young, Administrative Assistant II

Heat illness results when the

body cannot cope with a particular heat load. It is a serious medical

condition ...

Perspective 9 July/August 2009

Heat Illness Prevention Saves LivesCal OSHA has determined that heat waves are the primary cause of heat-related illness and fatalities in the state. A Cal OSHA study determined that 84 percent of the heat illness in 2006 occurred during the July heat wave.

Heat illness results when the body cannot cope with a particular heat load. It is a serious medical con-dition that can include heat cramps, heat exhaustion, heat syncope, and heat stroke. Symptoms are as fol-lows:

Heat Cramps: forceful and pain-ful contractions of the hamstring muscles (the muscles at the back of the calves).

Heat Exhaustion: paleness, dizzi-ness, nausea, vomiting, fainting, and moderately increased tem-perature.

Heat Syncope: sudden dizzi-ness, feeling faint, and sometimes fainting, skin that is pale and sweaty but generally moist and cool, weakened pulse, rapid heart rate, body temperature normal.

Heat Stroke: high temperature, 106 degrees Fahrenheit or greater, delirious, unconscious, or having seizures.

What Does Heat Illness Prevention Mean?

1. Access to WaterCool potable drinking water

needs to be available at all times, at least one quart per employee per hour for the entire shift. You can-not wait for an employee to ask for water, it must be available. Someone should be assigned to check the level of water containers and the tempera-ture of the water to assure that it is

ard. An adequate number of shade structures or natural shade, that will accommodate those employees who seek it to cool off, should be avail-able. This equates to enough shade for 25 percent of the workers on site, with enough room so employees are not touching each other. When a rest break is needed to recover from the heat, a preventive recovery period of not less than five minutes should be provided.

Employers need to monitor the weather conditions. The following link is a good source for checking weather conditions: http://www.nws.noaa.gov/. If the temperature for the following day is to exceed 85 degrees Fahrenheit, shade has to be up at the beginning of the shift and be present throughout the day. If the temperature exceeds 90 degrees Fahrenheit, shade must be provid-ed, regardless of the previous day’s predicted temperature high.

3. Written Procedures and Training

Include your organization’s poli-cies and procedures regarding heat illness prevention as a part of your

cool. Encourage frequent drink-ing of water.

2. Access to Shade

Access to shade should be within two to five min-utes of the work-site, not more than a quarter mile away, and should not cause exposure to another haz-

Injury Illness Prevention Plan. These procedures should include water replenishment procedures, employee access to shade, employee and su-pervisor training, and responding to symptoms of possible heat illness, including how emergency medical services providers will be contacted.

Supervisors need to also be trained on the importance of provid-ing an acclimatization period (two weeks) for new employees, as they are at a higher risk of heat illness.

Let’s get our heat illness preven-tion plans in place so we are not part of the statistics. The 2006 Cal-OSHA Heat Illness Study showed that 63 percent of the supervisors of employ-ees, who died from heat stroke, had not been trained in the prevention of heat illnesses, the opposite from the training-rate statistic for non-fatal ill-nesses. Please refer to the following link http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html at the California Department of Industrial Relations website for more information.Written by: Lee Patton, Sr. Risk Management Consultant

Perspective 10 July/August 2009

Wildfire DangersThe threat of damage to facilities and injury to employees from wild-land fires is real for water districts. Especially for those water districts located in Wildfire/Urban Interface (WUI) areas. Drought and dry sum-mer weather conditions increase this risk.

The National Interagency Fire Center’s 2009 fire season forecast for California predicts “most of north-ern California and portions of the central coast and adjacent interior areas in southern California will see increasing significant fire potential during June through August”. Due to a third year of drought and lower winter rainfall this year, vegetation is drier than normal across the entire State, making it prime fuel for fires.

WUI areas are where develop-ment and wildland vegetation meet and are mixed together. These areas can be within 1.5 miles of wildland vegetation. This is roughly the dis-tance that a spark can be carried from a wildland fire to the roof of a building. WUI areas are forests, na-tive grasslands, shrubs, and rural-to-urban transitional areas. It is in these outlying areas where many districts have reservoir sites and remote fa-cilities.

Advance planning and knowing how to protect employees and facili-ties in these WUI areas can lessen the damage caused by a wildland fire. There are several precautions that districts can take to reduce the risk of wildland fire losses.

Before a Wildfire… Determine the district’s ability to

survive a wildfire by reviewing the following.

Is a defensible space of at least 100-feet maintained around facili-ties?

Are roads leading to your facili-ties clearly marked?

Are the roads wide enough to allow firefighting equipment to get through?

Do remote facilities allow enough room for firefighting equipment to back up and turn around?

Is the facility and address visible from the roadside?

Does the fire department inspect remote facilities to become familiar with location, vulnerability, and fire-fighting capabilities?

Other Considerations Include:Install electrical lines and service

drops underground, whenever pos-sible.

Ask the power company to clear branches from power lines annually.

Avoid using bark and wood chip mulch for weed control.

Store combustible or flammable materials in approved safety con-tainers and keep them away from facilities.

Plan evacuation routes.

In the Field During a Wildfire…If you see a wildfire, call 9-1-1.

Do not assume that someone else has already called it in or the district knows about it. Describe the loca-tion of the fire, speak slowly and clearly, and answer any questions asked by the dispatcher.

Evacuate the area immediately. Follow the routes that have been pre-planned and practiced.

Meet in the designated assembly areas to check-in and get further di-rections.

Do not go into remote areas to check the status of facilities or other personnel without consulting with the fire department and the district.

If Caught in a Vehicle…It may be safe to drive out, if so,

use your headlights, flashers, and light bars. Smoke blowing across a road can create near zero visibility. Go slowly to avoid driving off the road at a turn. While driving, the engine may stall and not restart.

Air currents may rock the car. The temperature inside the vehicle will increase.

Be Sure To…Roll up windows and close air

vents. Remove all combustibles and flammables from the bed of the ve-hicle.

If you have to stop, stay away from the heaviest trees and brush. Park on the uphill side of the road if possible. Turn headlights on and the ignition off. Keep the windows rolled up and air vents closed.

Get on the floor and cover up with a blanket or coat.

Stay in the vehicle until the main fire passes.

Do not try to outrun the fire on foot.

After a Wildfire Passes…Account for all personnel. Estab-

lish a call-in procedure for all em-ployees.

Check your facilities in coordina-tion with the fire department. Check roofs, attic vents, and stored mate-rials for hidden sparks or burning embers.

For several hours after the fire, maintain a “fire watch”. Re-check for smoke and sparks throughout the facilities.

Access system damage and work with the fire department to keep critical facilities in operation.

If Employees, Facilities, or Vehicles Have Been “Hit” With Fire

Retardant…Wet retardant has the texture

of pancake batter and can present driving and slip hazards when first dropped. The red color comes from iron oxide and can be stubborn to remove.

Most fire retardants are ammonia based and will sting if they come in contact with eyes, cuts, or scratches.

Continued on page 11

Perspective 11 July/August 2009

Important Rulings - Wage & Hour Laws and Class Action LawsuitsLabor Counsel Neal Meyers of Daley & Heft delivered important informa-tion at the recent San Diego area HR Group meeting. Besides two timely presentations, he provided the group with “hot off the presses” rul-ings on areas that have been contro-versial for water districts: wage and hour laws and class action lawsuits.

Below is the brief analysis as pro-vided by Neal on these topics.

Wage and Hour LawJohnson v. Arvin–Edison Water Storage District – June 3, 2009Plaintiff filed a class action

against the Water Storage District alleging that current and former district employees had not been paid overtime or provided with meal breaks as required by California la-bor laws. The district attacked the complaint on the ground that, as a public entity, it is exempt from the subject state wage and hour statutes. The trial court agreed and dismissed the case. Plaintiff appealed.

Held: Unless the State Labor Code

provisions are specifically made ap-plicable to public employees, “they only apply to employees in the pri-vate sector”.

Specifically:1. Overtime and Meal PeriodsPublic agencies are not subject

to California Labor Code sections 510 and 512, requiring overtime after eight hours of work per day and a meal period after five hours

of continuous work. To do so would infringe on the district’s sovereign power.

2. Wage Order 17This order was added in 2008 as

a “catch – all” provision intended to capture “miscellaneous employees” in new industries not captured by other wage orders. The court found that the legislative history shows it was not intended to capture widely existing “industries such as public entities”.

3. Labor Code 201, 202 and 203These sections specifically exempt

“employees directly employed by a county, incorporated city or town or other municipal corporation” but plaintiff argued that a water district is not a “municipal corporation”. The court disagreed.

Comment: This opinion is consistent with

the prevailing view on this topic, but it is good to finally have a sup-porting published court opinion. It is important to remember that a public agency is still subject to the standards of the Federal Labor Stan-dards Act (FLSA). You should consult your labor counsel before making any substantive changes to your rules.

Haro v. City of Rosemead – June 9, 2009

Plaintiff filed a class action against the City of Rosemead alleg-ing violation of the FLSA for indi-viduals who worked for the city as non-exempt employees. The FLSA

If skin contact is made, wash thoroughly with gentle soap and water. Flush eyes as needed. Remove and wash clothing as soon as possible. Apply a good skin cream to prevent drying and chapping.

Fire retardants can cause damage to paint if left on facilities or vehicles for long periods of time.

Do not use bleach and other chemicals to remove retardant. Wash retardant off using water and brushes.

defines the term “employer” broadly to include public agencies.

Discussion: The FLSA subjects employees to

certain minimum wage and overtime pay requirements for non-exempt public employees. In general, the FLSA does not place a limit on the number of hours an employee may work in a day, nor, generally, does the FLSA require an employee to be paid overtime compensation for hours worked in excess of 8 per day, or for work on Saturdays, Sundays or holidays. Whether overtime (or comp time) must be paid depends upon the number of hours an em-ployee works within a workweek. A workweek is a fixed and regularly recurring period of 168 hours.

The issue in Haro was not wheth-er FLSA applied to these employees (it did) but whether the FLSA statute allowed the employees to file a class action.

Holding: The court held that the FLSA does

not allow class actions and ordered the case dismissed. The significance of this case is that unlike private em-ployees, public agency employees cannot file an expensive and some-times more difficult to defend class action against an agency for a FLSA violation.Neal Myers is one of the JPIA’s Employment Practices Hotline attorneys and has provided members with assistance and information for many years. He can be reached at nmeyers@daley-heft.com.

Contain runoff by creating berms or using sand, soil, or other absorbent materials.

Just thinking about how your district and employees will react in a wildfire or other disaster may save lives and prevent unnecessary damage. Additional informa-tion on how you can prepare can be found at www.fema.gov/hazard/index.shtm, the Federal Emergency Management Agency (FEMA) website.Written by: Peter Kuchinsky II, Sr. Risk Management Consultant

Continued from page 10

ACWA /JPIA Mission Statement

The ACWA Joint Powers Insurance Authority is dedicated to consistently and cost effectively providing the broadest possible affordable insurance

coverages and related services to its member agencies.

How To Reach JPIA

Phone:916.535.7500 or 800.231.5742

Voice Mail:916.535.7510 or 800.535.7899

Fax:916. 965-6847 or 916.535.7517

E-mail: claims@acwajpia.comvideos@acwajpia.com

training@acwajpia.com

Web Site:www.acwajpia.com

Address:5620 Birdcage Street

Suite 200Citrus Heights, CA 95610-7632

Dave deBernardi, JPIA’s Director of Finance

Perspective 12 July/August 2009

PerspectiveACWA Joint Powers Insurance Authority5620 Birdcage Street, Suite 200Citrus Heights, CA 95610-7632

Periodical Postage Paid

The JPIA Hires A New Director of FinanceThe JPIA is pleased to announce its latest staff addition. David deBernar-di was hired in January 2009 as the Director of Finance. Dave joins the JPIA with over eleven years experi-ence as an auditor and finance man-ager, most recently with the firm that was the JPIA’s auditor for several years. As Dave headed that team of Auditors, he brings intricate knowl-edge of the organization’s financial and internal structure.

Dave earned his CPA in 1999, re-ceived his Bachelor’s Degree in Busi-ness Administration and Accounting from California State University East Bay, and has held several officer po-sitions with the National Institute of Pension Administrators (NIPA) includ-ing President and Treasurer.

As part of the Executive Management Team, Dave will also be involved in the strategic planning for the JPIA. Please join us in welcoming Dave to our team!Written by: Nancy Stangel, Director of Administration