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Day Care/Child Care


RISK MANAGEMENT PROGRAM

This publication is dedicated to developing a customized Corporate Day Care/Child Care Risk Management Program
and to assist you in strengthening your loss control efforts. As such, it is limited in scope and intended only as a starting
point in the development of a Day Care/Child Care Program. The information and suggestions presented by Philadelphia
Indemnity Insurance Companies in this loss control safety program is for your consideration in your loss prevention and
risk control efforts. They are not intended to be complete in identifying or reporting on every possible or significant hazard
at your premises, preventing possible workplace accidents, or complying with all of the local, state or federal health &
safety related laws or regulations. The material enclosed within this loss control reference source is intended and
encouraged to be altered or redesigned by you to specifically address your hazards.

INTRODUCTION

You’ve worked hard to build an attractive and profitable and reputable operation. It’s taken a good deal of time, energy
and commitment.

Unfortunately, it’s also possible for you to lose all that you’ve worked so hard to achieve with just one accident or
serious injury. Even if that one incident doesn’t put you out of business ... it can cause serious financial loss
...regardless of whether or not you have a formal insurance program.

In addition to the “direct costs” of a claim ... the “indirect costs” (your time, your employee’s time, interference with
normal operations, adverse publicity, loss of members, etc.) can run 5 to 10 times the “direct costs.”

A well designed and properly functioning loss control/safety program will go a long way toward helping to avert or
minimize the impact of serious accidents and claims.

The responsibility for safety begins with Management ... that’s where it must start and end. The materials in this manual
are designed to help and assist you in this very important area of care management. They should be viewed as a road
map to assist you in reaching your desired destination ... however, YOU are the driver and YOU must adapt it to your
own particular circumstances.

This guide has been developed through the combined efforts of:

Current Insureds, and

The Philadelphia Insurance Companies


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TABLE OF CONTENTS

PAGE

INTRODUCTION 1

How to Use This Manual 3

Implementation (Six Steps) 4

1. Written Management Statement 5

2. Safety Committee 7

3. Inventory of Operations & Hazards (checklists) 8

4. Action Plan 11

5. Procedures 12

6. Management Follow-up & Monitoring 18

APPENDIX I: Inventory Operations, Exposures and Controls 20

APPENDIX II: Child Abuse 36

APPENDIX III: Conducting Medical and Background Checks on Staff 44

APPENDIX IV: Medical Emergencies Detailed Response 46

APPENDIX V: Your Child Care Center 48

APPENDIX VI: Basic Emergency & Disaster Planning 52

APPENDIX VII: Driver Eligibility Criteria 60

APPENDIX VIII: References 61

The information and suggestions presented by Philadelphia Indemnity Insurance Companies in this loss control technical resource form
are for your consideration in your loss prevention and risk control efforts. They are not intended to be complete in identifying or reporting
on every possible or significant hazard at your premises, preventing possible workplace accidents, or complying with all of the local,
state or federal health & safety related laws or regulations. The material enclosed within this loss control reference source is intended and
encouraged to be altered or redesigned by you to specifically address your hazards.
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HOW TO USE THIS MANUAL

A. Read the Introduction.

B. Go through the Implementation Section


¾ Take one step at a time (there are only six) and complete it.

C. Complete Action Steps for each step — as outlined.

D. Enter onto Program Control List.

While we have attempted to cover most of the situations day care operations are likely to encounter, you may have a
particular “exposure” that is not covered in this guide. If you have a question about how the guide can be applied to
your specific situation, please call Philadelphia Insurance Companies (800-873-4552 ext. 7717 - Jeffrey Collins, AVP &
Director of Loss Control).

Loss control and safety is a never-ending activity for management and employees ... however, if you make it part of
your everyday operations, it will soon become second nature.

The next section of the manual discusses Implementation of a loss control program. It is divided into SIX SIMPLE
STEPS TO SUCCESS ... that’s all it takes.

We welcome your feedback and suggestions.

If you have any questions, suggestions or feedback please contact:

Jeffrey M. Collins, ARM Mark Konchan, ARM, CSP


AVP & Director of Loss Control Dept. Loss Control Manager
Phone: 617-610-7717 Phone: 617-538-2967
Fax: 610-227-2301 Fax: 866-478-1435
E-Mail: jcollins@phlyins.com E-Mail: mkonchan@phlyins.com
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IMPLEMENTATION

There are SIX STEPS TO SUCCESS in implementing a loss control program:

I. Develop a Written Management Statement

II. Institute a Safety Committee

III. Take an Inventory of your Operations and Hazards

IV. Develop Action Plans based on the Inventory of Hazards

V. Establish Procedures for:

A. Parent/Child Orientation

B. Employee Selection & Training

C. Client Screening and Pre-Qualification

D. Incident/Accident Investigation, Reporting and Analysis

E. Emergency/Disaster Preparedness

VI. Institute Management Follow-up and Monitoring

In the section that follows, we have taken the Six Steps and developed detailed procedures for each one.
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STEP 1

DEVELOPING A MANAGEMENT POLICY STATEMENT

I. Background Information

A. Loss Control and Safety is the responsibility of Management.

B. Management’s concern and commitment to loss control and safety must be communicated to
employees, daycare children’s guardians and parents, and the public.

C. A written position statement signed by the daycare facility director, or other senior official, needs to be
posted in a prominent location for all to see.

D. A sample position statement follows for your reference.

E. A copy of the statement should be kept in the Reference section of this manual.

F. The statement should be updated at least once each year, or more often, if conditions warrant.

II. Action Plan & Implementation Schedule

Person
Key Area Due Date Date Completed
Responsible
Develop written Management Policy Statement
Post your written Management Policy
Statement
Update Management Policy Statement
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SUGGESTED MANAGEMENT POSITION STATEMENT ON SAFETY


(On organization stationery - to be posted in prominent locations)

DATE:

TO: All Parents, Guardians

SUBJECT: Safety and Loss Control

A top priority at (name of day care center) is to provide all our children, parents and employees with the safest
possible environment. This includes all aspects of the building’s physical structure, as well as its equipment and
supplies.

In order to reach and maintain this goal, we need your help and support.

If a parent or guardian sees an unsafe condition, hazard or exposure, or a situation that might lead to an accident or
injury ... please bring it to the attention of one of our staff immediately.

All employees should be on the alert for any unsafe conditions ... bring these matters to the immediate attention of your
supervisor.

We are totally committed to do all that is necessary to eliminate those hazards that might cause an accident or injury.
With your active involvement ... and by working together ... we know WE WILL MAKE IT HAPPEN!

Thank you for your response and cooperation,

Very Truly Yours,

(signed by Owner, Director or Manager)


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STEP 2

INSTITUTE A SAFETY COMMITTEE

I. Background Information

A. The Safety Committee designs your safety program and oversees its operation.

B. The Committee should be made up of at least 3 individuals, one of whom should be from management.

C. One of the members of the Safety Committee should be designated as the Safety Coordinator.

D. The Safety Coordinator is the one person who will be responsible to see that all aspects of the Loss
Control Program are complied with.

E. The Safety Committee should meet at least once a month, and keep written minutes of its meetings.

F. Action Plans with targeted completion dates are to be completed by the Safety Committee.

G. All incident and accident reports need to be reviewed by the Safety Committee. Taking needed action,
based on this review, is a key function of the Committee.

II. Action Plan & Implementation Schedule

Action Person Responsible Due Date Date Completed


Form Safety Committee consisting of:
Coordinator:
Staff Member:
Staff Member:
Staff Member:
Staff Member:
Set Meeting Schedule
Person Responsible for Written Minutes:
Staff Member:
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STEP 3

TAKE AN INVENTORY OF YOUR OPERATIONS & HAZARD

I. Background Information

A. Hazards cause injury and claims. It is important to identify those hazards that currently exist in your
center.

B. A Master List of potential day care operations (Exposure Inventory Master List – See Below) which will
help you pinpoint hazards within your center is part of this section. A full description of each
exposure and control measure is included in Appendix I.

C. Go through this list and check the appropriate box for each of the listed operations to see whether it is
“Present” or “Not Present” in your operation.

D. A separate sheet (Day Care Exposure Inventory Form – posted on our website @
www.losscontrol.com) should also be completed.

E. For each operation/facility that is “Present” in your center, complete the respective Inventory of
Operations/Hazards sheet.

F. For each hazard that exists, you need to develop an action plan for eliminating or reducing that hazard.

G. The action plans need to be specific and have a target completion date.

H. The Safety Committee needs to review and approve all action plans.

I. The Safety Committee must constantly be on the alert for any new Operations/Hazards that might
develop after the initial survey.

II. Action Plan & Implementation Schedule

Person
Action Due Date Date Completed
Responsible
Complete Exposure Inventory Master
Checklist (See Below)
Complete Day Care Exposure Inventory
Form (www.losscontrol.com)
Set action plan and target completion dates
Obtain approval by Safety Committee
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EXPOSURE INVENTORY MASTER CHECKLIST (OPERATIONS PRESENT AT LOCATION): This section is used to
identify the various exposures that are present within the facility.

PRESENT NOT PRESENT Comments

1. Building Owned

2. Balconies/Porches/Stairways

Boiler/s (gas or oil fired) – Maintenance


3.
service contract in place?

4. Child Care/Nursery

5. Cooking/Meals

Cribs/Playpens/Child Gates/
6.
Sleeping Arrangements

7. Crime & Security Program

8. Disinfectants & Trash Receptacles

9. Electrical/Transformers/Panels

10. Elevators/Escalators – Inspection current?

11. Equipment & Furnishings

12. Field Trips

13. Fencing Surrounding Playground.

Fireplace, wood stoves or other portable


14.
heating equipment

Flammable/Combustible/Chemical
15.
Storage

16. Gymnastics Equipment/Trampolines

17. Handwashing

Heating Ventilation & Air-Conditioning


18.
(HVAC) Equipment

Leased Areas – Any unusual exposures


19.
regarding leased area?

20. Means of Egress


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21. Medicines

22. Multi-Story Building

23. Parking Lot/Drop Off Areas

Property Protection – Automatic Sprinkler


24.
system

25. Self-closing Fire Doors(individual rooms)

26. Scalding

27. Toys

28. Vehicles (vans, buses, passenger cars)

29. Windows & Blinds

EXPOSURE INVENTORY FORM (See attached APPENDIX I)

COMPLETING THE EXPOSURE INVENTORY CHECKLIST IS THE THIRD STEP IN FORMULATING AN EFFECTIVE
DAY CARE RISK MANAGEMENT PROCESS. IT IS INTENDED TO PROVIDE OUR CUSTOMERS WITH THE
GENERAL INFORMATION NEEDED TO IDENTIFY AND QUANTIFY EXPOSURES PERTAINING TO YOUR
OPERATION. AFTER YOU HAVE TAKEN AN INVENTORY OF YOUR OPERATIONS/HAZARDS AND COMPLETED
THIS FORM, CORRECTIVE ACTIONS SHOULD BE DEVELOPED TO ELIMINATE OR REDUCE THE EXPOSURE.
STEP 4 IN AN EFFECTIVE RISK MANAGEMENT PROGRAM IS TO DEVELOP ACTION PLANS INCLUDING A
TARGET COMPLETION DATE FOR EACH ACTION. EACH ACTION PLAN SHOULD BE REVIEWED AND APPROVED
BY THE ACTING SAFETY COMMITTEE PRIOR TO IMPLEMENTATION.
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STEP 4

DEVELOP ACTION PLANS

I. Background Information

A. After you have taken an Inventory of your Operations/Hazards and completed each preceding sheet that
applies, you will have an entry in each of the Action Plans sections.

B. These Action Plans should show specific corrective steps to be taken to eliminate or reduce the particular
hazard.

C. In addition to the specific action, a target completion date needs to be established for each Action Plan.

D. The Safety Committee is responsible for making sure that Action Plans —with target completion dates — are
monitored and implemented.

E. All Action Plans should be reviewed by the Safety Committee at Committee meetings.

F. Proper follow-up of the Action Plans is critical to the success of your Loss Control Program.

II. Action Plan & Implementation Schedule

Person
Action Due Date Date Completed
Responsible
Complete Action Plan & Implementation
Schedule on Day Care Exposure Inventory
Form, including due date and date
completed.
Safety Committee reviews and approves all
Action Plans
Safety Committee monitors results (monthly)
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STEP 5

ESTABLISH MANAGEMENT PRACTICES & PROCEDURES

A. Specific procedures need to be developed and implemented in each of the following key areas:

Date
Key Area Person Responsible Due Date
Completed
Full Background Checks on all staff handling child care
services. CORI (Criminal Offender Record Information).
Certificates of Insurance for Vendors
Childcare enrollment waiver completed
Child Care sign in/out sheets used
Child Health Care Assessment Form completed
Drivers checks conducted on new employees (MVR’s on
ALL DRIVERS pre hire and annually. Follow PIIC Driver
Eligibility Guidelines – Appendix VII)
Emergency Phone list developed & posted
Emergency/Disaster Response Plan written – See
Appendix VI.
Emergency Evacuation Plan posted
Fire Drills conducted and recorded
Fire Dept. tours conducted
Guest Policy developed
Harassment (sexual & discrimination) policy developed
Immunization records obtained prior to acceptance
Incident/Accident Report Form developed (handling
emergencies and contacting parents/guardians)
Medication authorization release waivers and dispensing
policy
New employee medical and tubercular examinations
New employee orientation program (recorded)
Operation hours and restrictions on length of child stay
Prohibiting punishment guidelines
Safety Committee established with recorded monthly
meetings
Safety Coordinator is fulltime employee
Sexual abuse history clearance form
Slip & Fall Checklist developed
Staff to student ratio guidelines developed and enforced
State and local licensing and certifications checked
(CPR, First Aid, Early Age/Child Care Certifications)
Written Corporate risk management & loss control
statement formulated and posted
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B. Steps 5A – 5E (below) are intended to begin the process of establishing a good risk management program.
They are critical components to an effective risk management program and should only be the beginning of your
attempt to develop comprehensive policies and procedures. All of the items listed above should be formally
addressed if such exposure exists in your operation. Each exposure should have a key action, individual
responsible, due date and date completed.

C. You may find there are additional areas for which you need to develop specific procedures.

STEP 5A

PROCEDURE: CLIENT/PARENT/CHILD ORIENTATION

IA. Background Information

A. It is essential for you to develop a system for advising Clients/Parents/Guardians/Children about potential
sources of injury when on site.

B. New clients should be instructed on all corporate policies, procedures and rules of the center.

C. Employees must be properly qualified and trained to instruct children.

D. A written record of the client orientation should be maintained.

E. The client should sign the orientation record to signify that they have been instructed on all policies, procedures
and rules of the center as well as have been given a tour of the center.

IIA. Action Plan & Implementation Schedule

Key Action Person Responsible Due Date Date Completed


Develop written procedures
Implement written procedures
Update written procedures

STEP 5B

PROCEDURE: EMPLOYEE SELECTION & TRAINING

IB. a. Background Information (Employee Qualifications)

A. The qualifications of all staff members assigned to child care must be carefully reviewed.

B. State and local regulations should be checked for licensing and certification requirements.

C. All references should be thoroughly checked.

D. If any services are subcontracted, certificates of insurance should be required.

E. Consideration should be given to a pre-employment physical by a licensed doctor.


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IIB. a. Action Plan & Implementation Schedule

Person
Key Action Due Date Date Completed
Responsible
Check local regulations
Implement procedures for screening
Other:

IB. b. Legal Considerations

A. Legal advice should be obtained on employee selection procedures. Restrictions have been placed on the
information that can be reviewed in screening applicants. If improper information is used to restrict hiring, a
personal injury lawsuit may result.

B. The evaluation of applicants should be as thorough as legal restrictions allow.

C. These legal restrictions vary from state to state. Consult legal counsel for guidelines in your area.

D. A discussion of how to conduct medical background checks on employees is included in the Reference section
of this manual.

IIB. b. Action Plan & Implementation Schedule

Person
Key Action Due Date Date Completed
Responsible
Check local regulations
Implement procedures for screening
Other:

IB. c. Training

A. The day care center should have a planned employee training program that includes initial education and
refresher training. Specific subjects for employee training must be determined on an individual basis.

B. Employees must be educated in their responsibilities relating to safety and loss control. They must see the need
and have the desire to implement the safety procedures set by top management.

C. Active employee participation in the Loss Control Program will benefit management by:

Production a reduction in losses


Increasing employee morale and reducing turnover
Providing management with insight into safer procedures and better efficiency through employee input.

IIB. c. Action Plan & Implementation Schedule

Person
Key Action Due Date Date Completed
Responsible
Develop a written plan
Implement written plan
Other:
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STEP 5C

PROCEDURE: CLIENT SCREENING AND PRE-QUALIFICATION

IC. Background Information

A. The qualifications of clients must be carefully reviewed prior to the center providing services. In addition, the
child’s medical history should be periodically reviewed, updated and documented.

B. Clients must submit their child’s Health Assessment Form and Immunization History Form listing any chronic
ailments or handicaps that might affect their ability to safely participate.

C. Clients must complete a Child Care Enrollment Waiver Form and Emergency Contact Sheet to in order for you
to properly and fully evaluate the client and child’s specific needs.

D. Client should release and provide necessary information for you to handle special needs or handicap or
disability issues with their child.

E. Each child should be required to obtain a physical exam prior to being enrolled in the day care operation. The
physical should have a window established for acceptability such as 6 months prior or sooner.

F. All client/child information should be formally documented and updated periodically to ensure established criteria
and/or policies are being met.

IIC. Action Plan & Implementation Schedule

Key Action Person Responsible Due Date Date Completed


Develop written procedures for screening
and monitoring health history of
clients/children
Implement procedures for screening
Document and file client information
Update client information frequently
Other:

STEP 5D

PROCEDURE: INCIDENT INVESTIGATION, REPORTING AND ANALYSIS

ID. Background Information

A. The center should develop an Incident Investigation, Reporting and Analysis System.

B. An Incident Report Form (available on www.losscontrol.com should be completed for each incident.

C. An incident should never be considered a total loss, since something can always be learned from each one.

D. An Incident Investigation, Record-keeping, Reporting and Analysis Program should consist of:

1. Supervisory Incident Investigation Procedures

a. Every incident should be investigated to document the event, determine all causes, and initiate
corrective action.
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b. Each incident should be investigated as soon after the occurrence as possible, usually within 24
hours.
c. The investigation report should answer the questions: Who, What, Where, When, How and Why.

2. Management Participation and Review

a. Management should review each incident investigation and provide input into corrective action, as
needed.

3. Incident Analysis

a. Periodically, all incident investigations should be analyzed to determine trends and recurring
problems, and to determine further control measures, as needed.
b. Incidents should be analyzed by the Safety Committee.

IID. Action Plan & Implementation Schedule

Date
Key Action Person Responsible Due Date
Completed
Develop written procedures for Incident
Investigation, Reporting and Analysis
Implement procedures for Incident Investigation,
Reporting and Analysis
Conduct Periodic Incident Analysis with the
Safety Committee and formulate corrective action
plans accordingly
Other:

STEP 5E

PROCEDURE: EMERGENCY PREPAREDNESS

IE. Background Information

A. Every day care/child care operation has the potential of experiencing an emergency situation —whether it is a
fire, weather-related situation, catastrophic accident, civil strife, or other emergency.

B. All potential emergency or catastrophic exposures must be considered, and effective control procedures
evaluated for each physical location.

C. A written plan must be developed, implemented and periodically revised, as required, to prepare each location
for any emergency that may arise.

D. A good emergency plan should consider the following elements:

Inspection, Maintenance and Readiness of Proper Emergency Equipment


Access to the facility for Ambulances/EMS Units
Public Relations and Employee Welfare
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Shelter, food and medical care


Radio, TV and press communications
Fire Fighting
Evacuation
Facility Protection
First-Aid
Control of Utilities - gas, electric, water
Communications (police, fire, medical, other)
External and Internal: Telephone, 2-way radio, PA system
Transportation
Records
Practice Drills

E. Consult the Reference section of this manual for additional information about establishing a system of
emergency preparedness for your location (Appendix VI)

IIE. Action Plan & Implementation Schedule

Date
Key Action Person Responsible Due Date
Completed
Develop written procedures for Emergency
Response
Develop an Emergency Response Team
Implement procedures for Emergency Response
and audit Response Team as employees turnover
Other:
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STEP 6

INSTITUTE MANAGEMENT FOLLOW-UP AND MONITORING / PROGRAM AUDIT

I. Background Information

A. Management must make sure that the Safety Committee is fulfilling all of its responsibilities and duties.

B. Management should plan to sit in on Safety Committee meetings and review meeting minutes.

C. A Program Audit Form should be utilized. This form should be prepared and updated by the Safety Committee
and given to Management. As the form is updated, management should be sent updated copies.

D. At least twice a year, Management should hold a general meeting of all employees to review the Loss Control
Program and its resulting accomplishments. This is an excellent time to ask employees for their suggestions
and other input.

E. Management should consider some type of safety “Incentive Award.” For instance, general meetings might
include a luncheon and/or dinner to recognize employees deserving recognition for their loss control
accomplishments.

Person
Key Action Due Date Date Completed
Responsible
Safety Committee Meeting #1
Safety Committee Meeting #2
Safety Committee Meeting #3
Safety Committee Meeting #4
Safety Committee Meeting #5
Safety Committee Meeting #6
Safety Committee Meeting #7
Safety Committee Meeting #8
Safety Committee Meeting #9
Safety Committee Meeting #10
Safety Committee Meeting #11
Safety Committee Meeting #12
General Safety Meetings (All Employees)

Incentive Safety Award Presentation

Completed Program Audit Checklist


Other:
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APPENDIX (I – VII)

I. Exposure Inventory Form (Inventorying operations, exposures and controls)

II. Child Abuse Prevention

III. Conducting Medical and Criminal Background Checks on Staff

IV. Medical Emergencies Detailed Procedures

V. Your Child Care Center

VI. Driver Eligibility

VII. Basic Emergency & Disaster Planning

VIII. References
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APPENDIX I

EXPOSURE INVENTORY (OPERATIONS AND CONTROLS)

I. INTRODUCTION

You can’t avoid living in the world of risk.

Even the most modern and well-run day care/child care operations faces hundreds of risks every day — when receiving
children in the morning, feeding them, allowing them to play on the playground, supervised tours or field trips and so on.

While you can’t avoid risk, what you can do is to recognize and evaluate all of the hazards to which your operation is
exposed, and then decide on the most appropriate and cost-effective way to manage them.

This section, entitled “Inventorying Operations, Exposures and Controls,” will touch on many of the points that were
discussed in preceding sections. By expanding on these points, it will help you to identify specific hazards, evaluate their
potential for loss, and then take immediate actions to minimize and control the risk. Topics include:

Building Owned

Balconies/Porches/Stairways

Boiler’s (gas or oil fired)

Bottle Warming (Baby)

Child Care / Nursery

Cooking/Meals

Cribs/Playpens/Child Gates/Sleeping Arrangements

Crime & Security

Disinfectants & Trash Receptacles

Equipment & Furnishings

Electrical Transformers/Panels

Elevators/Escalators

Equipment & Furnishings

Field Trips

Fencing Surrounding Playground

Fireplace, wood stoves or other portable heating

equipment

Flammable/Combustible/Chemical Storage

Gymnastics Equipment/Trampolines
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Handwashing

Heating Ventilation & Air Conditioning (HVAC)

Equipment

Leased Areas

Means of Egress

Medicines

Multi-Story Building

Parking Lot/Drop Off Areas

Playgrounds/Playground Equipment

Property Protection

Self-closing Fire Doors (individual rooms)

Scalding

Toys

Vehicles (vans, buses, passenger cars)

Windows/Blinds

After reading this section, you should have a better idea about how to develop a written loss control plan, inventory your
operations, implement action steps, and analyze the success of your club’s loss control program.

BUILDING OWNED

A thorough evaluation of the property is needed to identify potential exposures and proper controls. There is typically a
large difference in owning a building vs. leasing space or an entire building. This plays a significant role in the
maintenance, preventative maintenance programs, building and grounds upkeep and the use of qualified contractors to
inspect, test and/or certify critical system components.

In most tenant situations, the building owner is responsible for such upkeep and maintenance. Should this be the case, it
is in your best interest to obtain copies of all tests, inspections and certification reports for your records. These should be
maintained on file and updated annually or if any significant building changes occur.

In the case where you are the property owner and have full control over all building components and systems, a formal
property conservation program, routine preventative maintenance programs and established housekeeping programs are
excellent tools to maintain the property in a safe condition.

BALCONIES/PORCHES/STAIRWAYS - RAILINGS

All elevated surfaces present numerous exposures to injury. In particular, when dealing with children, the general
condition and construction (in accordance with accepted standards) is usually not enough to protect these children from
potential injury. If your operation creates and exposure to balconies, porches or stairways for children, your best control
is to eliminate access to these areas. This may be via locks, specialized locking arrangements, moving the operation
which creates the exposure or to simply eliminate the exposure entirely if possible.

Railings present an exposure for child head entrapment. Railings must be spaced no more than 3 inches apart
measuring the inside distance between rails or stiles. CPSC data suggests that horizontal openings between 3” to 9” can
present a space large enough to create a entrapment – the child’s head will fit in the bars – and then will be unable to
retract his/her head. Severe injury or death has resulted from this common, and often, overlooked exposure,
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(Playgrounds present similar head entrapments – survey all areas and make corrections to limit horizontal spacing to 2
3/8” recommended.

Obviously, height is the most significant exposure associated with these building components that ultimately result in falls
to lower levels. However, other significant potential exposures lie with the distances between spindles on railings,
entrapment and hanging exposures. There are stringent national codes and accepted standards for these exposures
that have been developed specifically for child exposure in an attempt to reduce or eliminate these hazards entirely.
Unfortunately, this is not always possible. If the stairs, spindle spaces, or the access to these areas is non-conforming to
current standards, then reducing access or eliminating the exposure all together is the best control.

BOILERS (GAS OR OIL FIRED)

See below HVAC/ Boilers

BABY BOTTLE WARMING

If that is your baby's preference, warm his / her bottle safely by following the instructions below.

Procedure for Warming Baby Formula / Breast Milk


1. Warm the bottle in warm -- not boiling -- water by one of these two methods:

ƒ Put the bottle into a bowl of warm water for a few minutes

ƒ Run warm tap water over the bottle for a few minutes

ƒ Don't let the water touch the lid of the bottle (to avoid contamination)

Children should be a safe distance from the heating device/stove. Boiling & hot water can scald and severe
injuries have occurred where children/infants have come in contact on the stove and where portable electric
bottle warmer devices have been placed close to feeding areas or areas where they can gain access.

2. After warming the bottle, shake it well.

3. Test the temperature of the liquid by dropping a few drops of breast milk or formula onto your wrist. It should feel
comfortably warm.

Precautions for Warming Baby Formula / Breast Milk

Do not use a microwave to warm formula or breast milk. You should never use a microwave to heat a baby's bottle
because:

ƒ Microwaves cause "hot spots" when used to warm breast milk and formula. There is a very serious risk of burning
your baby's mouth, throat and esophagus (the tube that goes to your baby's stomach). This can happen even if you
shake the bottle after you warm it in a microwave.

ƒ Breast milk, if heated too much, can lose some of its benefits for your baby.

ƒ A bottle that has been warmed in a microwave can cause a burn from hot liquid or steam.

CHILD CARE

Review the staff qualifications for anyone who will be working with children. Review the staff to child ratio. To ensure life
safety in fires the NFPA (National Fire Protection Association) provides specific guidelines for staff to child ratio. For
children between birth and 2 years, there should be 1 staff member for each 3 children. For children between 2 and 3
years of age, there should be at least 1 staff member for each 5 children; and for children above 3 years, there should be
at least 1 staff member for every 10 children.
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Review the facility being used for care of children. The facility should be open or visible from many areas from within and
best practices call for cameras or monitors in all rooms. There must be adequate egress from the facility for emergency
use. The equipment in the rooms should be suitable for the ages of the children and in good condition, with no loose
parts or sharp edges. Activities should be suited for the ages of the children, and adequate staff should be available to
supervise the activities. Floor surfaces or ground surfaces should be checked, and the condition and inspection of
playground equipment should be monitored.

There should be strict procedures on signing in and signing out of children. Parental releases for child care should be
provided. Local and state requirements for licensing and permits should be reviewed.

Evaluate the overall record keeping and the confidentiality of records. Adequate enrollment procedures should be
enforced, with all records maintained in a secure place. Required licenses, permits and certificates should be on file and
current.

Complaint procedures should be established. Incident records should be complete and up to date. It is important to
report and review all incidents with parents. Parents should be advised of the specific injury and the circumstances
involved. Discussions with parents should be documented. Incidents should be analyzed to identify problem areas. Claim
reporting procedures should be established. Corrective actions should be taken.

Evaluate security measures. Effective child release controls should be in effect and enforced. Parents should be
identified before the child is released. Signatures should be required. Parents should be notified if someone other than
the parent attempts to pick-up the child. Security controls should be adequate to prevent unauthorized entry. Local police
protection should be adequate for the exposure.

Evaluate general conditions and housekeeping, layout and obstructions. Evaluate the condition of floors and stairways
and protection from fire. There should be adequate lighting, handrails on all stairways and fall protection of elevated
areas. Door locks should be provided on any area where children should not be allowed. Non-toxic paint and
noncombustible waste receptacles should be used. There should be an adequate square foot area per child. State and
local requirements should be referenced. (One state, for example, requires at least 30 sq. ft. of indoor activity space for
each child in the center and at least 80 sq. ft. of outdoor area for each child using the area.) Transparent glass doors
should be marked to prevent children running into them. Sharp corners and hard surfaces should be properly padded or
protected. There should be a continuous fenced enclosure for all outdoor areas. Furniture should be free of sharp edges
and pinch-points. Furniture should be of sturdy, stable construction.

Controls on the health of children and transmission of contagious diseases should be evaluated. Parents should be
required to report any allergies or contagious diseases to the child care providers. If a child becomes ill, parents should
be contacted to take the child home or to a doctor. Parents should be requested, in writing, to keep children home if they
are ill. Medication should not be dispensed other than by qualified, licensed and/or certified personnel with parental
approval only. Any medication to be given will require proper authorization, which consists of written permission by the
parent, the name of the drug, prescribing doctor, and the amount and the time to be given. Parents should be required to
send in the pre-measured amount in a vial or bottle that the child can take him/herself if appropriate.

Evaluate the emergency planning for the childcare operations. Procedures to be taken if a child is inadvertently injured
should be established in advance and communicated to employees. Employees should be trained in their
responsibilities during an emergency. Procedures for transporting children to medical facilities should be established.

All children in first grade or younger should be required to stay or use facilities on the first level only. If your operation
has a basement level or upper level, every attempt should be made to keep the younger children on the first floor for
emergency evacuation procedures.

Toilet facility requirements should be checked to make certain that the center at minimum is complaint with local, state
code. Child to toilet ratios should not be exceeded.
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COOKING/MEALS

A potentially significant exposure exists when preparing and serving meals to children in day care operations. Typically,
there is a breakfast, lunch and snack or two provided daily to the kids. In some cases, dinner may be provided.

There is a big difference in cooking and serving meals versus subcontracting this service out to a vendor who will bring
meals into your operation. Anytime an outside vendor is used, that vendor should be a reputable contractor in the area
and one who is fully insured. There should be significant effort put into choosing a food vendor as well as requirements
for insurance, certificates of insurance and limits of liability.

If your operation cooks and serves its own food, there are a number of issues to consider. First of all is the kitchen and
cooking equipment. Is the facility set up with all stainless steel components? Is the cooking surface provided with an
automatic fire suppression system? Is the kitchen housekeeping above average? Are all utensils, dishes, and cooking
pots/pans thoroughly cleaned and disinfected? Is your food supplier reputable? Do they have good controls and
equipment for maintaining food at proper temperatures? Do they have a history of spoiled foods? Are your refrigeration
and freezer units maintained and serviced by outside contractors? Do you have alarms or do you monitor your
refrigeration equipment for high temperatures or mechanical problems? Are good sanitary practices in order and well
established and enforced?

Additionally, there should be significant effort taken to assure that children with specific allergies to food or specific
restrictions to medical conditions are met. If cooking and servicing meals is a component of your operation, you would
likely best be served by having a qualified nutritionist on staff. This individual can deal directly with parents and/or a
child’s physician to assure that are preparing the proper foods and avoiding those that may have implications. This
information should be disclosed when parents are applying for their child to enter your operations and confirmed during
the orientation. Direct meetings between the parents/guardian and the nutritionist is a must and should be so formally
documented and maintained on file

CRIBS, PLAYPENS/CHILD GATES, SLEEPING ARRANGEMENTS

Over the years, there have been many injuries and fatalities due to these products. Protecting the children is of utmost
importance and keeping these products in check and using the most current products is critical. Most injuries and
fatalities from these products have occurred due to spacing between the rails or vertical support components. (Spacing -
2 3/8” preferred) In recent years there have been several research groups and studies done on proper spacing and
related hardware. The consumer product safety commission (CPSC) has done significant work in this area and has very
good guidelines and recommendations. Obviously newer equipment will be built to these accepted standards and is
much safer than older equipment. In any case, the equipment being used in various areas will vary greatly depending
on application and age of the children it is designed to protect. Be sure the equipment you are using is fitted and applied
to these applications only. In other words, using a piece of safety equipment designed for a 10 year old child in an
application for children in ages from 4-7 years will likely increase the hazard exposure and may result in injury or death.

The second most common injury with this equipment is cuts/lacerations and puncture wounds along with pinches and
possibly handling incidents. This typically involves the hardware with this equipment as in some cases this is made with
metal or steel products with little give or room for reducing the exposure. If a gate or playpen side is designed to be in
the upright or closed position, and is not used in this manner, the chances are greater that you have created an
exposure that will likely result in injury or worse. Routine inspections are critical and warranted and should be a part of
your overall inspection of equipment and facilities on a regular basis.

A child's rest equipment should be labeled with the child's name and used only by the child while enrolled in the program.
Mattresses and sleeping equipment should be covered with non-absorbent, cleanable coverings. Cots, beds, mats and
mattresses should be cleaned and sanitized at least bi-monthly and when soiled or wet. Crib mattresses should be
cleaned and sanitized at least weekly and when soiled or wet. . Rest equipment and bedding should be cleaned and
sanitized prior to being assigned to another child. Sleeping mats should be stored so that there is no contact with the
sleeping surface of another mat or disinfected after each use. Center should ensure that cribs are not stacked while in
use. Cribs and playpens should have slats so placed as to allow gaps of no larger than 2-3/8 inches. Cribs and playpens
should have top rails at least nineteen (l9) inches above the mattress with the mattress set at its lowest position and side
rail locked in its highest position. Any latches on cribs or playpens should be safe and secured. A Center should ensure
that seasonably appropriate top and bottom coverings, such as sheets and blankets, are provided for each child. Sheets
and blankets or other bedding should be cleaned at least weekly and when soiled or wet. Rest equipment should be
placed at least l-l/2 feet apart while in use.
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CRIME & SECURITY

Consider the centers location. Consider whether the location makes it susceptible to criminal activity. Identify specific
areas of the center that may be attractive to criminals, i.e., poorly lit or isolated areas of the center, parking lots and
premises. Entrances that afford criminals easy access to the facility should be protected. Note that a key consideration is
the protection of the children and their overall safety and well being.

Indicate if any burglar alarms have been installed and, if so, describe these alarms.

Review visitor controls. How are visitors identified? Are all entrances covered?

As a best practice, visitors should not be permitted unless it is a parent or approved guardian. Upon arrival, are ID’s
verified if visitation is taking place?

Are all doors locked appropriately against unauthorized entry? Is the burglar alarm tied to all doors? Have you taken an
inventory of all valuables such as EDP equipment and documented your inventory? Are doors alarmed for unauthorized
entry or exit if accidentally or purposely opened during open hours?

DISINFECTANTS & TRASH RECEPTICLES


A Center should ensure that areas and equipment specified in Requirements “A” and “B” below are washed with soap and
water and disinfected as required.
A. The disinfectant solution should either be a self-made solution consisting of 1/4 cup of household bleach to
each gallon of water (one (1) tablespoon per quart), which should be prepared daily, labeled, placed in a bottle
that is sealed with a cap and stored out of the reach of children or a commercially prepared disinfectant which
indicates it kills bacteria, viruses and parasites and should be used in accordance with label instructions.
“A” - Center should wash and disinfect the following equipment items or surfaces after each use:
A. Potty chairs which have first been emptied into a toilet;
B. Sinks and faucets used for handwashing after the sink is used for rinsing a potty chair;
C. Diapering surfaces, as required in Requirement 146.
D. Toys mouthed by infants and toddlers;
E. Mops used for cleaning;
F. Bibs; and
G. Thermometers.
“B” Center should wash and disinfect the following equipment items or surfaces at least daily:
A. Toilet and toilet seats;
B. Sinks and faucets;
C. Diaper pails and lids;
D. Drinking fountains;
E. Water table and water play equipment;
F. Play tables;
G. Mats that are not stored separately as specified in Requirement 123; and
H. Smooth surfaced non-porous floors.

A Center should ensure that garbage and rubbish are stored securely in non-combustible, covered containers in separate
areas inaccessible to children and should be removed on a regular basis but not less than once every week.
A. Outdoor containers, other than dumpsters, should be cleaned after each collection.
B. Indoor trash containers should be emptied daily and kept clean.

Center should ensure that trash collection receptacles are stored in designated areas away from the children's play
areas.
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ELECTRICAL - TRANSFORMERS/PANELS & RECEPTICLES

Mechanical closets (or rooms containing such equipment) is a serious hazard when dealing with children who don’t yet
understand the capability of electrical current. This equipment should be contained in a designated room or area and
locked against any access by children. This equipment poses several exposures to children in addition to the obvious
and heat is one of them. Much of this type of equipment generates significant heat and needs adequate ventilation to
cool the equipment. Assuring the equipment is in good condition and well ventilated is only part of the prevention
measures to be taken. Regular inspections by qualified contractors should be incorporated into the maintenance of your
operation.

Access to this equipment should be closely monitored to assure no children gain access to these areas for obvious
reasons. In the event you have electrical equipment in open or accessible areas, extraordinary measures should be
taken to isolate or prevent access to the equipment such as barricades, grates or possibly moving the equipment to a
lockable room in the event adequate controls can not be established.

GFCI – Ground Fault Circuit Interrupter devices - Provide GFCI protection devices on ALL receptacles below 54” in
height. Also, GFCI is recommended within 6' of all water hazards, regardless of height of receptacle.

ELEVATORS/ESCALATORS

If your operation exposes children to escalators or elevators, extra care should be taken to either avoid the exposure or
to eliminate the chance of injury due to this equipment. Serious injury often results with this equipment and children due
to loose clothing, trips and falls and untied shoe laces. Additionally, the attraction of running or walking up and down
escalators is a significant exposure as well and typically results in falls. Elevators present a totally different and unique
exposure when it comes to children. In either case, strict supervision is needed if children are to use this equipment as
part of the day care/child care day to day operations or in such cases where the exposure is present on a field trip
outside of the center.

At no time should children be permitted on, near or around such devices without an adult present. All staff should
understand the hazards present and simple controls for preventing injuries. These, as listed above, should take priority
before allowing children on such devices. Where feasible, supervision should be present at the top of escalators and
one at the bottom with additional supervision riding with the children. All staff should be aware of the emergency stop
button, its location and function. At no time should strollers or other assisted wheeled devices be permitted on
escalators. Elevators should be controlled only by staff with children getting on last and standing to the rear of the car
away from the doors when in operation. An adult should always be at the controls when children are entering or exiting
the car.

EQUIPMENT AND FURNISHINGS

All appliances, bookcases, cabinets and other shelving systems should be properly attached to the wall. Sharp edges
should be properly protected. Ledge barriers should be provided on the shelving when sharp or heavy items are stored.
Large items such as television sets, fish tanks and similar should be properly secured to prevent tip over and/or
movement. Access to items such as paints, thinners, household chemicals should be locked. Fire extinguishers should
be checked to make certain that they are properly secured to prevent falling. Heavy furnishings that have the potential to
tip should be properly secured.

FIELD/DAY TRIPS

Extra planning is essential when taking children on field trips for recreation or educational purposes. There are
numerous additional exposures that occur when taking the child outside of your controlled environment. First and
foremost, attaining parent or guardian consent is absolutely critical and should never waiver. Legal counsel can assist
you in developing an appropriate and legal form which will act as a waiver in addition to the parent providing consent.

Children stray, they wonder they will aimlessly leave the group. Are you adequately staffed to handle outside ventures
or will you require volunteers, chaperones or parents to assist on the trip? Will you provide the transportation or will a
bus be subcontracted? These are all critical issues. Are there adequate means of safely buckling children into care
seats? Will parents or volunteers drive?
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There should be significant time and effort put into developing strict and comprehensive policies for such events.
Planning is essential, critical and all staff should be well aware of policies for your operation outside of the building.

If volunteers are being used, who are they? Have they been screened? Will they be in the company of qualified staff
members when out in the field? Assuring that children are never left in the presence alone with only non-staff volunteers
or parents is absolutely critical.

Transportation for such events is very important and who is conducting the transportation is even more critical. A policy
of allowing parents or volunteers to drive is something that is highly not recommended. This opens several avenues for
liability losses and issues in the event of an accident and resulting injuries or death to clients. There are several
problems with this approach. Is the driver properly licensed? Are they insured? Is your operation named as an
additional named insured? The best approach is to avoid this exposure entirely.

Hiring a qualified transportation company is the best approach if you are going to venture outside your premises. Not
only will a reputable company be insured, they will have qualified drivers who are appropriately licensed. Typically,
these individuals have also undergone significant background checks as well which alleviates another potential problem
if you are going to take a field trip with the children.

Supervision is the key to a successful outing. Assuring that adequate ratios are maintained and then some is absolutely
necessary to reduce exposure to children wandering off or becoming lost in crowded areas. Because of such factors
discussed above, it is typically too cumbersome to try these trips with large groups. The best approach is to maintain
small groups for outside trips and if possible, avoiding them all together. Whatever you choose to do, be sure that your
policies and procedures are strict, comprehensive, enforced and brought together with thorough planning. It only takes
a matter of seconds to ruin a trip and possibly a life.

FENCING SURROUNDING PLAYGROUNDS

Fencing and perimeter protection is a critical component in child protection for child and day care operations. Fencing
is usually provided around the outside perimeter of exterior playground or recreation areas for the children. The
protection serves many purposes. The two most important controls are from allowing to children to stray away from the
area and to prevent unauthorized persons from gaining access to the area.

Fencing, while protective in nature, can be hazardous as well. There are numerous means of acquiring lacerations and
cuts and puncture wounds. Additionally, some fencing may be too close to playground equipment and can lead to
hanging incidents and falls onto such equipment resulting in serious injury. It is critical to provide perimeter protection
for playground areas in day care operations. Consider installing strong, durable fencing such as a cyclone fence or vinyl
and not wood. Wood tends to deteriorate much quicker and can result in splinters and cuts to children. The fencing
should be high enough to not allow children to climb over and also to keep unauthorized persons out of the area. With
gated sections, the gates or doors leading to and from such areas should be adequately locked but not against allowing
for emergency egress from the area.

Fencing should be kept in good condition, painted, cleaned and in the case of wooden fences, assuring that all nails and
screws are adequately countersunk to reduce injuries from protruding components. Rusted areas should be cleaned
and repainted. All ties on metal fencing should be tied to the outside and away from the immediate play area. Fencing
should be tight and as close to the ground as possible to discourage climbing under by children. Be sure the color of the
fence is distinguished from the background colors as well to prevent children from running into the fence. Installations
should be completed by a qualified contractor in accordance with all local and other applicable requirements.

FIREPLACES, WOOD STOVES OR OTHER PORTABLE HEATING EQUIPMENT

For obvious reasons, if any of this type of heating equipment is accessible to or is positioned near children; it should be
removed as soon as possible. Due to the potential for burns, the equipment should be moved if at all possible.
Attempting to cover or barricade the equipment may present additional fire hazards and, if done, should be done
appropriately with non combustible materials and well ventilated to reduce the hazards due to heat build-up and fire.

These devices alone are inherently dangerous and should be avoided at all costs. If these devices are used to heat
your facility or operation, consideration should be given to installing a safer, more efficient HVAC system. The cost of a
safe and efficient system can easily be offset by avoiding one serious burn to a child and/or significant property damage
to your facility.
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FLAMMABLE/COMBUSTIBLE/CHEMICAL STORAGE

All such solvents should be properly stored in secured and locked areas and those solvents which are flammable or
combustible in nature should be kept in approved storage cabinets. Cabinets are designed specifically for these
purposes and are ventilated to reduce the chances of vapors and fumes building up by allowing adequate air flow
through the cabinet. Additionally, the room in which these solvents are kept should be well ventilated.

All chemicals and solvents should be kept in a cool, dry, locked area unless manufacturer directions state otherwise. In
the case of child care operations, these solvents should be kept in an area completely inaccessible by the children.
Only authorized staff should have access to such rooms and these rooms should be free from ignition and heat sources.
It is best to develop internal practices where all solvents/chemicals and cleaning products are maintained in the same
general area. Removing all such items from the children’s access is critical and should be part of the general day to day
inspections of the center. Even items such as window cleaners, grease removers, etc can pose significant hazards to
children and should be kept in a locked area away from where the operations take place.

GYMNASTICS EQUIPMENT/ TRAMPOLINES

If such equipment is on your premises and is part of your daycare operations:

Review the instructors’ qualifications and training. Activities should be properly supervised. Adequate space should be
provided to allow for dismounts. Hard surfaces should be padded.

Trampolines should not be installed. Severe, disabling injuries have been suffered on trampolines. The trampoline allows
the user to rise well above the floor. If he or she falls from that height, a serious injury often results.

Warnings and instructions should be posted and communicated. Parental releases and medical clearance from
pediatricians should be on file for all minors involved in any gymnastics activities. Equipment should be in good condition
and well maintained. Lighting, ventilation and housekeeping should be adequate. Floor surfaces should be in good
condition.

Every attempt should be made to eliminate such equipment and activities if they do indeed exist as part of your
operation. These are significant liability exposures to children despite adequate supervision and the qualifications of the
instructors or trainers.

HANDWASHING
A Center should ensure that staff and children wash their hands with soap and running water and use single service
towels for drying hands:
A. Before eating or handling food;
B. After toileting or diapering;
C. After coming into contact with blood, fecal matter, urine, vomit, nasal secretions or other body secretions;
D. After handling animals or their equipment or after coming into contact with an animal's body secretions;
E. After caring for a child who may be sick; and
F. After cleaning.
A Center should ensure that staff use disposable rubber or plastic gloves when cleaning surfaces or equipment
contaminated with blood or vomit.

HVAC/Boilers

The mechanical equipment in any operation can also be a source of claims. The heating, ventilation and air conditioning
system and any boilers or pressure vessels in the building should be maintained and inspected on a regular basis by
qualified personnel.
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There has been numerous health problems related to sealed buildings. Many buildings are designed to allow only a
minimum amount of outside air to enter the building to reduce energy costs. In these buildings, there are fewer air
changes to reduce the release of heated or cooled air to the outside environment. Bacteria in the air and other
contaminants may not be diffused, and can accumulate to levels where problems are caused. In buildings designed for
energy efficiency, the filtration system must be maintained, cleaned and inspected on a regular basis. The location of the
air intake for the system should be investigated. In some cases, the air being brought into the building can be
contaminated by vehicle exhaust or chemicals. The water used for air conditioning must be kept clean and disinfected to
prevent bacteria buildup. If hot water heating coils are used, the hot water returning to the boiler should remain hot (at
over 120 degrees Fahrenheit). A cleaning, inspection and disinfecting program should be established for heating and air
conditioning coils and drip pans. Humidity within the building should be kept below 70%.

The heating system should provide hot water to faucets on showers that does not rise above 120 degrees Fahrenheit to
prevent burns. All heating and hot water systems should be in separate rooms, secured from access from any
unauthorized persons.

LEASED AREAS

As a building owner with tenants leasing or subleasing space, it is your responsibility to assure that the tenant is
adequately insured for liability exposures and that they have adequate limits of insurance. A certificate of insurance
should be obtained from any tenant in the building annually to assure that their coverage is still in place. A critical
component is to require the tenant to name your business as an additional named insured on the certificate of insurance
that they provide to you annually. This, coupled with minimum liability limits established will give your operation
additional protection. It is also critical to have a formal lease contract developed and signed. This contract should be
developed and/or reviewed by legal counsel prior to using the contract to assure you the best protection.

Another problem with leased spaces and tenants with child care operations is access to the area where children are
present. No tenant should be give open or free access to the day care center area for any reason. Should access be
required, these individuals should be formally escorted through the area or to their destination by day care staff. If this is
a common occurrence within your operation, there may be a need for more formalized procedures and/or background
checks if this is a scenario that will continue.

MEANS OF EGRESS

Check all exits to ensure that they are easily accessible, unblocked and open freely. Exits should be clearly marked and
exit corridors adequately illuminated. Exits should be arranged so that a person anywhere in the building will not have to
travel more than 150 feet to reach an exit (200 feet if the building is protected throughout by an approved sprinkler
system). Standard approved emergency lighting should be provided.

Exits should be arranged to allow the passage of stretchers. The exit providing the safest and smoothest movement of a
victim on a stretcher to the ambulance should be identified.

MEDICINES

The legality of administering medicines are different state to state. Some states won’t allow in, but most require written
consent.

The center should properly control the access and dispersement of medicines. Permission slips should be on file and
signed by the parent/legal guardian and maintained on file. Medicine cabinet should be locked.

MULTI-STORY BUILDINGS

As noted earlier in this program, a multi-story building for day care operations is perfectly acceptable provided the
operations are on the lowest floors. The objective is to be able to provide for the immediate egress for children from the
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center/building in the event of an emergency. By keeping children, especially the youngest, on the lowest level, you can
alleviate confusion resulting in loss of time to safely evacuate the building. Upper floors are acceptable for older children
and the older the better. However, in the event you utilize upper level floors for all or part of your operation, the
frequency of staff training and fire drills should increase.

For Multi-story building - Children in 1st grade or lower on first floor only

PARKING LOTS / SIDEWALKS / EXTERIOR WALKING SURFACES

Outside conditions and facilities should be well maintained and clear of tripping hazards. Shrubs should not create
tripping hazards or interfere with sight lines at turns or driveways. Trees should be trimmed above eye level.

Parking lots and sidewalks should be promptly cleared of snow, ice and leaves. Entrances should be promptly cleaned of
water, snow and ice inside and outside. Surfaces must be well maintained to prevent trips into potholes and
accumulation of water in low-lying areas. Lighting should be adequate in the parking lot and along the route to and from
the building. Check traffic signs and pavement markings to be sure they are in good condition and visible. Sight lines
should be adequate to prevent auto accidents both in the parking lot and in the entrance drive. Adequate space for
maneuvering should be provided.

For parents dropping kids off, there should be a safe area for staff awaiting arrival of the children at a safe distance from
moving vehicles. A staff member should always be present if you receive children at the drop off point or curb to the
entrance. Best practices suggest having the parent actually bring the child into the center to avoid such exposure to staff
and child. Consider reducing the exposure to your staff and the children as much as possible when picking up or
dropping off children.

PLAYGROUNDS/PLAYGROUND EQUIPMENT

Review the playground and equipment. Playground equipment is an essential part of day care, child exercise and well
rounded physical development. The intent and purpose of the equipment is to provide enjoyment and physical activity.
However, playground equipment historically has resulted in many serious and fatal injuries over the years. Assuring your
equipment is in good condition and free from hazards is a multi-step process that takes time and energy to adequately
address all of the exposures to injury. The most common injuries for playground equipment are falls to lower levels,
caught on type injuries resulting in hangings and cuts and lacerations from protrusions such as bolts, screws and nails.
Fencing should be in good condition and the ground surface should be soft. Serious injuries can result from falls on
concrete and paved surfaces.

A formal program to ensure the safety of such equipment is a 10 step process. This information is provided by the
National Playground Safety Institute and consists of the following steps:
1. Identify all equipment known historically to cause injuries or have inherent exposures
2. Remove all existing equipment not recommended for use
3. Ensure adequate depths of surfacing materials are below all pieces of equipment
4. Identify all equipment exceeding height requirements for the surface material you have in place
5. Adjust playground borders or relocate equipment to provide for safe perimeters
6. Identify or repair areas or equipment of non-compliance by enhancing inspection and maintenance program
7. Conduct a comprehensive playground safety audit of each site and each piece of equipment
8. Formalize your playground maintenance program
9. Establish long term action plan to upgrade playground equipment and sites
10. Maintain an ongoing commitment to ensure the safety of the play areas and playground equipment

A good reference for this formal approach is in the Handbook for Public Playground Safety which is published by the
Consumer Product Safety Commission. http://www.cpsc.gov/cpscpub/pubs/325.pdf.
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Maintaining this equipment and consistently upgrading or improving the equipment and area are ongoing processes that
take significant time and resources. However, some equipment is not forgiving and in some cases only takes a few
seconds to cause serious injury or death. Identifying critical areas and serious exposures is incumbent upon the daycare
operator to ensure the safety of the children in your care.

SELF-CLOSING FIRE DOORS (INDIVIDUAL ROOMS)

Part of property protection and life safety issues is the segregation of rooms and building sections by fire rated doors and
hardware. Most local and municipal codes are equal to or exceed accepted national building codes relating to life safety
and fire protection. The intent of this equipment is to provide a fire barrier for the property to contain fire, heat and smoke
and to minimize damage or isolate the loss to a certain area. From a life safety perspective, such equipment is used and
designed to provide an area of safe refuge in the event persons can not evacuate that area due to heat or smoke.

One of the most common problems is that fire rated doors are often left in an open position by a door stopper, chair or
other means in order to provide for ventilation. This is an exposure that is controllable and defeats the purpose of this
equipment and its intended purpose. When dealing with children, this is even more critical. There may be times when a
fire, heat or smoke may hamper evacuation from the building and this equipment will be vital in keeping all occupants
safe until rescue attempts can be made.

Par of your regular inspections should include checking that all doors are kept closed to allow designed protection to
work in the event of an emergency. By keeping such doors propped open or taking apart the self-closing device, you
increase the chances of contamination of other areas of the building or day care center which may impact evacuation
overall. Critical components to your means of egress should be conspicuously marked with appropriate signs to maintain
the doors closed at all times. Be sure however, that by maintaining all doors in a closed position will not hamper egress.
All emergency or panic hardware should be inspected as well to assure proper working condition and no means of
egress should ever be locked or secured against emergency egress.

PROPERTY PROTECTION

The next step is to evaluate public fire protection. Indicate the frequency of staff fire drills. Fire drills should be held
quarterly to ensure that employees remain aware of their responsibilities and how to carry them out. Each drill should be
evaluated to correct any problems noted. Indicate whether all areas of the facility are accessible to the fire department.
Determine the distance to the local fire department. Note if the area is protected by a volunteer or paid fire department.
Familiarize the fire department with all aspects of your building.

Evaluate the private fire protection features, including the adequacy, number and type of fire extinguishers. The National
Fire Protection Association (NFPA) recommends the installation of one 2-A fire extinguisher for each 6,000 square feet of
floor area in light hazard occupancies. These extinguishers should be mounted so that a person anywhere in the building
will not have to travel more than 75 feet to reach an extinguisher. These 2-A fire extinguishers are only useful against
fires in ordinary combustibles, i.e., wood and paper. They should be supplemented by Class B and C extinguishers,
where needed. Class B extinguishers are designed for use on flammable liquid fires, while Class C extinguishers are
designed for use on fires involving energized electrical equipment. Multi-purpose (Class ABC) extinguishers are also
available. Consult your local fire extinguisher company for their recommendations on placement of extinguishers for your
center.

Review the condition and maintenance of sprinkler systems, standpipes, detectors, alarms, and spot protection systems,
such as automatic protection systems for kitchen cooking equipment. Employees should be trained in the use of the
equipment.

If the building is sprinkled, the following information should be noted:


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Whether or not the sprinkler system was designed for your occupancy. If it was designed for another type of
business, contact your sprinkler maintenance company for their recommendations on the need to adapt the
system to your new needs.
Determine whether the system is a wet-pipe or dry-pipe system. If it is a wet-pipe system, heat must be
maintained during cold weather to prevent freezing.
Note the source of water — whether from the public water supply or from a private system, such as a tank
within the building or a water tower.
Note the type of water flow alarm on the sprinkler system. If the system is connected to a fire station or
central station, the proper authorities will be alerted even when the building is not occupied.
Check the control valves on the system and ensure that all valves are open. Valves should be locked open
or connected to the alarm system. If any valve is closed, the alarm should sound. Check the fire department
connection on the outside walls. The connection should be accessible and caps secured. There should be no
debris in the pipes leading to the system.
Note the age of the sprinkler system and review the sprinkler inspection and maintenance program. Spare
sprinkler heads and a sprinkler head wrench should be available and accessible. If a sprinkler system does
discharge, the sprinkler head(s) that opened will need to be replaced before the system is charged with
water.
Note any areas that are not protected by the sprinkler system. If a fire begins in an area that is not protected,
it may become too large to control by the time it spreads to a sprinkled area. Note any obstructions to
sprinkler heads that will block the water flow. Interior partitions or ducts may have been erected after the
system was installed, blocking water flow.
Note who is responsible for maintaining and testing the sprinkler system, and who in the building is familiar
with the system. Note when the last flow test was made, and whether any problems were noted and
corrected.

Metal trash cans should be used rather than plastic cans. Smoking should be controlled. Flammable liquids should be
stored in UL listed flammable liquid storage cabinets. Flammable liquid safety cans should be used. Plumbing and
sprinkler systems should be in good condition and well maintained to prevent water damage.

Check the laundry area. Equipment should be properly ventilated. Lint build-ups should be controlled.
Vents and ducting should be non combustible. Metal foil or plastic venting material, usually found in residential building
improvement stores is not recommended, Rigid and semi rigid non combustible metal ducting is recommended, Also,
clean out all ducts and lint traps regularly to reduce the likelihood for a dryer vent fire.
Vent fires are common in the US with over 13,000 reports annually.

Co-Tenants / Sub-Tenants

Note other occupants using the facility. Indicate whether any portion is sublet. Identify subcontractors used — including
snow removal, building maintenance, exterminators, landscapers, etc. Current certificates of liability and workers’
compensation insurance should be on file for all tenants and subcontractors. If a subcontractor’s employee is injured
while working on the premises and the subcontractor does not have workers’ compensation insurance, the club may be
held responsible for the damages. If a member is injured by the contractor and the contractor does not have liability
coverage, the club may be held liable. Consider any other operations on the premises, and the resultant exposures to the
facility.
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SCALDING

Young children are especially vulnerable to burn-related injury and death. They do not perceive danger, have less control
of their environment and have a limited ability to react promptly and properly to a burn situation. A child in hot water will
scream, but may not withdraw from the water. Additionally, children's skin is thinner than that of adults and therefore burns
at lower temperatures and more deeply. For example, a child exposed to hot tap water at 140 ° for three seconds, or 156 °
for one second, will sustain a third degree burn, an injury requiring hospitalization and skin grafts.

Controls:

Never leave a child alone, especially in the bathroom or in the kitchen. If you must
leave the room, take the child with you.
Set your water heater thermostat to 120°F or less. The lower temperature, the
lower the risk of sustaining scald-burn related injuries.
Install anti-scald devices in bathtub faucets and shower heads.
Always test the water temperature before putting a child or an adult with disabilities
in the bathtub or in a shower

Provide training for staff. Never depend solely on any one water temperature control
procedure or product. Products malfunction and can never replace physically checking the water.

TOYS

Evaluate the adequacy and condition of toys. Do toys meet the standards of JPMA, the Juvenile Products Manufacturers
Association labeling? Toys should be appropriate for the age group using them. They should be made from non-toxic
materials with no small parts that can create a choking hazard. Toys

Dangers to Consider:
1. Sharp edges: Toys made of brittle plastic or glass can break easily, exposing sharp points and edges. Wooden,
metal, and plastic toys sometimes have sharp edges due to poor construction.

2. Small parts: Tiny toys and toys with small, removable parts can be swallowed or become lodged in a child's
windpipe, ears, or nose. The squeakers in some squeeze toys can be removed and possibly swallowed. The
seams of poorly constructed stuffed dolls or animals can break open and release small pellets that also can be
swallowed or inhaled.

3. Loud noises: Toy caps and some noise-making guns and other toys can reach noise levels that can damage
hearing. The law requires the following label on boxes of caps producing noise above a certain level: "WARNING
- Do not fire closer than 1 foot to the ear. Do not use indoors."

4. Sharp points: Broken toys can expose dangerous prongs and knife-sharp points. Pins and staples on dolls'
clothes, hair, and accessories can easily puncture an unsuspecting child. Even a teddy bear or stuffed toy can be
assembled with wires that can cut or stab.

5. Propelled objects: Projectiles - guided missiles and other flying toys - can be turned into weapons and can injure
eyes in particular. Children should never be permitted to play with adult lawn darts or other hobby or sporting
equipment with sharp points. Arrows or darts used by children should have soft cork tips, rubber suction cups or
other protective tips to prevent injury.

6. Electric toys: Electric toys that are improperly constructed, wired, or misused can shock or burn. Electric toys
must meet mandatory requirements for maximum surface temperatures, electrical construction, and prominent
warning labels. Electric toys with heating elements are recommended only for children over age 8. Children
should be taught to use electric toys cautiously and under adult supervision.

7. Wrong toy for the wrong age: Toys that may be safe for older children can be extremely dangerous in the hands
of little ones.
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EXTRA CARE FOR TODDLERS' TOYS


Choose toys for very young children with extra care. Playthings that are safe for older children can be hazardous to little
ones. Keep in mind that toddlers trip and fall easily, and that, with infants, "everything goes into the mouth."

When choosing a toy for a toddler or infant, make sure it:

Is too large to be swallowed.

Does not have detachable pieces that can lodge in the windpipe, ears, or nostrils.

Will not break easily, leaving jagged edges.

Have no sharp edges or points.

Has not been put together with easily exposed pins, wires, staples, or nails.

Is labeled "non-toxic."

Can't pinch fingers or catch hair.

VEHICLES (CARS, VANS, BUSES)

List the number and type of vehicles being operated by the center. Consider whether vehicles are owned, leased or
hired. Consider whether any vehicles will be rented for special occasions. Determine what the vehicles are used for and
who drives the vehicles. Review the licensing, inspection and maintenance of the vehicles. The vehicles should be on a
planned, preventive maintenance program. A secure storage area should be provided so that the vehicles will be
protected and not subject to vandalism and deterioration. Review the qualifications of all staff members who may drive
the vehicles. Motor vehicle registration (MVR) checks should be made on all drivers. Criteria should be established for
determining an acceptable motor vehicle record. Drivers with excessive violations or accidents should not be allowed to
operate company vehicles. Determine whether any non-employees will use the vehicles. If so, are they required to
provide their own insurance, and are their driving qualifications checked? Personal use of the vehicles and use of
employees’ vehicles should be controlled. All vehicles should be well maintained and operated by responsible, qualified
drivers. Refer to PIIC Driver Eligibility guidelines Appendix VII.
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WINDOWS & BLINDS

Large panes of glass should be safety-glazed. Where there is exposure to hurricanes, impact-resistance doors and
windows should be in place or storm shutters constructed of plywood or metal available to cover doors and large window
areas.

CPSC estimates that about 12 children 10 years old and younger die each year, and more than 4,000 are treated in
hospital emergency rooms for window fall-related injuries. CPSC knows of 120 window-fall related deaths to children
since 1990. Most of the deaths and injuries are to children under the age of 5. Modern window screens, although easily
removable to allow for escape during residential fires, are designed to keep insects out of the house and do not provide a
barrier to falls. "Child safety" window screens made of steel are available and are used in new construction in some areas.
These screens can withstand 67.5 kg (150 lb) of pressure, similar to the standard for window guards. Window screens
are not designed to prevent a child from falling out of a window. If you must leave a window open, you should install
window guards. CPSC guidelines for preventing window falls are:

Install window guards to prevent children from falling out of windows. (For windows on the 6th floor and below,
install window guards that adults and older children can open easily in case of fire. For windows on the 7th floor
and above, permanent window guards can be installed)
Guards should be installed where young children spend time
Or, install window stops that permit windows to open no more than 4 inches.
Whenever possible, open windows from the top - not the bottom.
Keep furniture away from windows, to discourage children from climbing near windows.

Consumers should look for guards that have bars no more than 4 inches apart. They can call the following companies for
more information about purchasing window guards:

WINDOW BLIND AND CURTAIN CORDS: Be sure miniblinds and venetian blinds do not have looped cords. Check that
vertical blinds, continuous looped blinds, and drapery cords have tension or tie-down devices to hold the cords tight.
Page 36 of 61

APPENDIX II

CHILD ABUSE

Background

Even though we may take numerous precautions to protect our children, we must recognize that the threat of abuse and
molestation may also exist in daycares. This Loss Control Technical Bulletin addresses the topic of child abuse in the
following child-care facilities: day care facilities, health/mental health care facilities, foster care facilities, out-of-home care
facilities, schools, shelters (homeless or domestic violence), youth development organizations (Boy Scouts, Girls Scouts,
Big Brothers Big Sisters, etc.), and volunteer programs for persons with disabilities.

Each week, child protective services (CPS) agencies throughout the United States receive more than 50,000 reports of
suspected child abuse or neglect. In 2002, 2.6 million reports concerning the welfare of approximately 4.5 million children
were made.

In approximately two-thirds (67 percent) of these cases, the information provided in the report was sufficient to prompt an
assessment or investigation. As a result of these investigations, approximately 896,000 children were found to have been
victims of abuse or neglect—an average of more than 2,450 children per day.

More than half (60 percent) of victims experienced neglect, meaning a caretaker failed to provide for the child's basic
needs. Fewer victims experienced physical abuse (nearly 20 percent) or sexual abuse (10 percent), though these cases
are typically more likely to be publicized.

Philadelphia Indemnity Insurance Company (PIIC) has developed this Background Screening
Guide for organizations to use in an effort to educate and inform organizations we insure to be proactive and
to develop and implement site specific policies. PIIC wants you to be aware of the real life threat to our children
– the abuse and molestation of youth.

CRIMINAL BACKGROUND CHECKS (CBC)


Who should be screened?
All employees and volunteers who have direct contact with children during normal organized events must be screened
and have a thorough CBC performed (Recommended screening requirements are shown in Table #1). This includes but
is not limited to: board member, professional staff members, etc. To simplify and manage many variables, we
recommend that you divide your workers into the following three categories:
PAID
Paid Workers – employees of the organization. This category includes interns. For most small organizations, “other
duties as assigned” is common in the job description. A paid worker may be called upon to perform almost any duty and
is in a position of great trust. Paid workers with youth contact should be screened most diligently.

PRIMARY
Primary Volunteers – have regular contact with youth or participants. This category also includes volunteers active in
higher risk activities: largely unsupervised activities, off site activities, overnight activities, drivers, etc. Primary volunteers
should also be diligently screened.
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SECONDARY
Secondary Volunteers – have occasional contact with youth or participants, but never in a one-to-one setting. This
category also includes volunteers less than 18 years of age working with participants. Your organization may review the
risks and decide to require less diligent screening.
TABLE #1
Recommended Screening Requirements for Paid, Primary, and Secondary Workers
PAID PRIMARY SECONDARY

Employee / Volunteer Application Form Yes Yes Yes


Employee / Volunteer Release and Consent
Yes Yes Yes
Waiver Form
Interview In Depth In Depth Brief
References 3 3 2 or more
Employment History Yes (Last 5 Yrs) Yes (Last 5 Yrs) Optional
Criminal/Court Records Check
Yes Yes Optional
(fingerprint-Federal and State Levels)
Child Abuse Registry Records Yes Yes Optional
Driving Record
Yes* Yes* Yes*
*unless no driving duties
Drug Screen Test (Note 1) Yes* Yes* Optional

*WARNING: Table #1’s sample screening requirements are suggestions only. Job descriptions and positions vary from
place to place, so it is impossible for the authors to accurately categorize workers at your organization. Each user of this
product is responsible for developing appropriate screening and safety policies. Please carefully customize this list to
reflect the responsibilities and situations of workers in your organization. Consult legal counsel before implementation.
(Note 1: Federal DOT regulations make drug screening mandatory for some vehicle operators)
How often should background screening checks be completed? During the initial screening process and annually for
all the above persons who have contact with children in the organization or its programs. There are no exceptions
permitted.
What is the cost of screening? The cost of screening and selecting workers is a necessary expense.

The average cash cost of screening a volunteer applicant is often estimated at $60, depending upon the state and the
level of screening performed. PIIC has partnered with IntelliCorp to help your organization meet your strict screening
requirements at a specially reduced cost.

Policyholder Links
For more information on background checks you can review our E-Brochure INTELLICORP - CRIMINAL
BACKGROUND CHECKS.

Click link for BENEFITS OF THE PROGRAM for Philadelphia Insurance Companies policyholders.

Click link for PREFERRED PRICING for Philadelphia Insurance Companies policyholders.

Please follow below instructions for registration:

1. Go to the link on your site or directly to www.intellicorp.net (Promotion Code: PHLY)


2. Click on “continue to registration”
3. Fill out Company info and either Authorization Form or Credit Card information. (If they choose to pay by CC
they will still need to fill out the Credit Authorization Form that I attached)
4. Fill out and send in the MVR Compliance forms
5. Fax in a copy of a Business License or a Formal document with their EIN or Tax ID number on it.
Once all the information is received the account will be activated within 24-48 hours.
Page 38 of 61

The cost of failing to screen, and having an incident occur, could:


cause life-long harm or even death to a participant;
cost you personally as the result of a lawsuit; or destroy your organization through financial ruin and a
shattered reputation.

DISQUALIFIER GUIDELINES
What results are reasons to be disqualified for a position as employee, volunteer, leader, etc?

A person shall be disqualified and prohibited from serving as an official, volunteer, and/or member of the organization if
the person:
¾ Refuses to consent to a personal criminal background search.

¾ Convicted of a crime of child abuse, sexual assault, child neglect, murder, voluntary manslaughter, felony assault,
arson, robbery, burglary, indecent exposure, public lewdness, terrorist threat, and offenses against a minor,
kidnapping, or felony of the Controlled Substance Act (including crimes whereby a flea of “No Contest” was
entered).

¾ Has been convicted, in any combination, of the following offences: misdemeanor assault and battery,
Misdemeanor Theft.

¾ Has been twice convicted, in any combination during the past seven years, of the following offenses: Driving
While Intoxicated (DWI) or Driving Under Influence (DUI), or any violation of the Controlled Substance Act.

¾ Judged liable for civil penalties or damages involving sexual or physical abuse of children; or subject to any court
order involving any sexual abuse or physical abuse of a minor, including but not limited to domestic order for
protection.

¾ Convicted of any lesser crime in which sexual relations is an element, including “victimless” crimes or a sexual
nature (including pornography).

¾ Convicted of any lesser crime involving cruelty to animals.

A DAYCARE QUICK GUIDE

9 Refrain from one-on-one only contact such as training -Two adults are recommended to be present
at all times.

9 Avoid private conversations with youth participants – Conduct all conversations and private
counseling in a classroom or open area instead of a private office.

9 Touching policy – Touching is acceptable provided it is appropriate and respectful.

9 Name Distribution Policy – Limit roster handouts to persons on a “need to know” basis.

9 Conduct Policy – Refrain from name calling, ridicule or put-downs (verbal child abuse) Refrain from
hurting, touching or excessive exercise used as punishment (physical abuse) - Refrain from threats to
perform unreasonable tasks (emotional abuse) - Refrain from unwanted sexual contact or attempt at
sexual contact that occurs between the responsible adult and a child for the purpose of the adult’s sexual
gratification or financial benefit (sexual abuse).

9 Buddy System: We recommend that every activity sponsored by your organization put a buddy system
in space. Each participant should be assigned a buddy during sponsored activities. No child should go
anywhere – to the bathrooms. Locker rooms, or other locations – without his or her buddy.

9 To protect youth participants, as well as volunteers, we strongly advise that no adult person allow
him/herself to be alone with a child or group or children during a sponsored event.
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9 Prompt response to accusations: The organization must act quickly regarding all accusations of sexual
or physical abuse. A person accused may be asked to resign voluntarily or may be suspended until the
matter is resolved. A person who is accused but later cleared or charges, may apply to be reinstated.
Reinstatement is not a right, and there should be no guarantee made that he or she will be reinstated to
their former position.

Communication: All information will be communicated to the authorities for investigation and will be
reviewed by the organization’s directors. The alleged offenders will be notified of any allegations
immediately.

9 Training / Awareness Program: One of the most important features of a screening program is the
establishment and implementation of a formalized procedure for reporting abuse or suspected abuse. A
very specific awareness program must be established that highlights the key guidelines and steps
required when identifying and reporting suspected abuse. These steps must be documented and
communicated to all participants in the organization. Initial training and continued-education training
should also be an integral part of the Training / Awareness Program. Suggested areas of the program
would include:

1. Incident report documentation


2. Reporting information to authorities
3. Reporting procedures and communication procedures internally

Definitions

Child abuse / abused or neglected child: A child whose physical or mental health is threatened with harm by the acts or
omissions of the person responsible for the child’s welfare.

Child maltreatment: Harm to a child through acts of commission (assault) or acts of omission (failure to protect) by
caretakers.

Child maltreatment encompasses a fairly broad spectrum of abuse and neglect scenarios. For the purposes of this
analysis, maltreatment included seven subtypes: physical abuse, sexual abuse, physical neglect, lack of supervision,
emotional maltreatment, educational maltreatment, and moral-legal maltreatment. Table 1 contains definitions of
maltreatment subtypes and examples from the severity rating scales of the least and most serious types of cases.

TABLE #1 (Defining Child Maltreatment and Rating Its Severity)


Subtype of maltreatment Brief definition Examples of least & most severe cases
Least – Spanking resulting in minor bruises on
A caregiver inflicts a physical injury
arm.
Physical Abuse upon a child by other than
Most – Injuries requiring hospitalization, cause
accidental means
of permanent disfigurement, or lead to a fatality.
Any sexual contact or attempt at
sexual contact that occurs between Least – A child is exposed to pornographic
a caretaker or responsible adult and materials.
Sexual Abuse
a child for the purpose of a Most – A caretaker uses force to make a child
caretaker’s sexual gratification or engage in sexual relations.
financial benefit.
Least – Food is not available for regular meals,
A caretaker fails to exercise a clothing is too small, child is not kept clean.
Physical Neglect minimum degree of care in meeting Most – A child suffers from malnutrition or
a child’s physical needs. severe dehydration due to gross inattention to
his/her medical needs.
A caretaker does not take adequate Least – An 8-year-old is left at home for short
precautions (given a child’s periods of time with no immediate source of
Lack of Supervision particular emotional developmental danger in the environment.
needs) to ensure his or her safety in Most – A child is placed in a life-threatening
and out of the residence. situation without adequate supervision.
Persistent or extreme thwarting of a Least – A caretaker often belittles or ridicules a
Emotional Maltreatment
child’s basic emotional needs (such child.
Page 40 of 61

as the need to feel safe and Most – A caretaker uses extremely restrictive
accepted) methods to bind a child or places them in closed
confinement such as a trunk or closet.
Least – A caretaker allows a child to miss
A caretaker fails to ensure that a school up to 15% of time.
Educational Maltreatment
child receives adequate education. Most – A caretaker does not enroll a child in a
school to provide educational instruction.
A caretaker exposes or involves a Least – A child is permitted to be present for
child in illegal or other activities that adult activities.
Moral-Legal Maltreatment
may foster delinquency or antisocial Most – A caretaker causes a child to participate
behavior. in felonies.

Legal Challenges

Organizations can be held liable for child abuse that occurs on their watch, though understanding the legal obligations can
sometimes be very difficult. Legal standards involve completing policies and procedures and each state has slight
variations. The law is constantly evolving both through legislative and judicial opinions.

Resources are available to help you find out what the legal requirements are for a particular state (National Child
Prevention Act of 1993). A lawyer experienced in child abuse issues can help assure that all state and local requirements
are properly documented in the organization’s governing policies and procedures.
Statutory

Each State is responsible for providing definitions of child abuse and neglect within the civil and criminal context. Civil
laws, or statutes, describe the circumstances and conditions that obligate mandated reporters to report known or
suspected cases of abuse, and they provide definitions necessary for juvenile/family courts to take custody of a child
alleged to have been maltreated. Criminal statutes specify the forms of maltreatment that are criminally punishable. (The
“State Statutes Series” from the National Clearinghouse on Child Abuse and Neglect Information summarizes over 30 civil
and criminal State statutes pertaining to child maltreatment.)

Federal
The key Federal legislation addressing child abuse and neglect is the Child Abuse Prevention and Treatment Act
(CAPTA), originally enacted in 1974 (P.L. 93-247). This Act was amended several times and was most recently amended
and reauthorized on June 25, 2003, by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36).

CAPTA provides Federal funding to States in support of prevention, assessment, investigation, prosecution, and
treatment activities and also provides grants to public agencies and nonprofit organizations for demonstration programs
and projects. Additionally, CAPTA identifies the Federal role in supporting research, evaluation, technical assistance, and
data collection activities; establishes the Office on Child Abuse and Neglect; and mandates the National Clearinghouse on
Child Abuse and Neglect Information. CAPTA also sets forth a minimum definition of child abuse and neglect.

The complete text of the law (U.S. Code title 42, chapter 67) can be downloaded from the Cornell University Legal
Information Institute website at www4.law.cornell.edu/uscode/42/ch67.html. A booklet presenting CAPTA as amended by
the Keeping Children and Families Safe Act of 2003, including the Adoption Opportunities program and Abandoned
Infants Assistance Act, as amended, is available on the Children's Bureau website at
www.acf.hhs.gov/programs/cb/laws/capta03/index.htm. Print copies of this booklet may be ordered from the National
Clearinghouse on Child Abuse and Neglect Information.

Fact Sheet Link: CAPTA Fact Sheet


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Items of a Child Abuse Risk Management Program

These steps should include, but not be limited to the following:

1) Meet all statutory requirements and regulations pertaining to preventing and reporting child abuse and neglect.
When reporting a child abuse or neglect incident be sure the policyholder understandings the following:
The definition of “abuse” and “neglect” varies from state to state.
Some, but not all states impose mandatory reporting requirements on caretaker professionals.
Most states require reporting when there is a “reason to believe” a child has been abused or neglected.
Most states require the report be filed within 48 hours of the incident.
All states provide some type of immunity for filing a report that means if the perpetrator abuse or neglect
allocation can’t be proven, he/she has the right to sue the reporter.

2) Develop and implement formal recorded written policies and procedures addressing the issue of child abuse.
Include the following as standard practices and procedures:
Adopt policies of staff selection (regardless of whether paid or volunteer) that include the following screening
elements:

a. Position description
b. Application
c. Orientation overview
d. In-depth interview
e. Personal reference checks
f. MVR check
g. Criminal history record checks (local, state, FBI)//background checks
h. State central child abuse registry check / State sex offender registry check
i. Confirmation of education
j. Written application
k. Psychological tests
l. Medical tests
m. Home visit (if warranted)
n. Alcohol/drug testing
Adopt clear written policies prohibiting unauthorized conduct.
Adopt supervision guidelines.
a. Parents are free to come and go without calling
b. No areas are off limits to parents
c. Bathrooms do not contain areas where children can be isolated (two thirds of all daycare sexual abuse
takes place during visits to the bathroom)
d. There is adequate supervision during naps.
e. Safety measures are taken to prohibit the release of your child to anyone without your written authorization.
Create confidentiality policies to prevent disclosure of hiring or disciplinary practices.
Develop specific job descriptions and review each description annually.
Notify parents of activities, behavior, and practices that an organization deems to be unacceptable.
With respect to staff departures, voluntary or otherwise, establish procedures concerning when and how to
notify the parents that an individual is no longer affiliated with the organization.

3) Develop and initiate a child abuse prevention training program for all staff members

4) Develop and enforce accountability guidelines for re-employment of accused abusers.


References

1) Child Abuse Prevention Primer for Your Organization (Nonprofit Risk Management Center)
2) Guidelines for the Screening of Persons Working With Children, the Elderly, and Individuals With
Disabilities in
Need of Support (The National Criminal Justice Service Center – Office of Juvenile Justice and
Delinquency Prevention - OJJDP)
3) National Committee to Prevent Child Abuse (NCPCA)
4) National Clearinghouse on Child Abuse and Neglect Information (http://www.calib.com/nccanch/)

5) Department of Health & Human Services “Children’s Bureau” (http://www.acf.dhhs.gov/)


Page 42 of 61

RESOURCES

FEDERAL AGENCIES

Recognizing the link between maltreatment and subsequent juvenile delinquency, OJJDP recently initiated demonstration
projects to reduce child abuse and neglect in several communities (Safe Kids/Safe Streets). Other activities include
training and technical assistance to States, discretionary grants to organizations to support delinquency prevention, and
support for professionals working with juvenile victims and offenders.
For more information on available resources, contact:

National Clearinghouse on Child Abuse and Neglect Information


330 C Street, SW
Washington, DC 20447
(800) FYI-3366
(703) 385-7565
Fax: (703) 385-3206
E-mail: nccanch@calib.com

Department of Health and Human Services


http://www.dhhs.gov
The Department of Health and Human Services has several agencies that provide support for child abuse and neglect
prevention activities:
Children's Bureau
Head Start Bureau
Administration on Developmental Disabilities
Public Health Service.

Children's Bureau
P.O. Box 1182
Washington, DC 20013
http://www.acf.dhhs.gov/programs/cb
The Children's Bureau/NCCAN is the lead source of funding for child abuse and neglect activities within the Federal
Government. This agency allocates funds to States for prevention activities as well as to community-based prevention
organizations. The Community-based Family Resource and Support Program is a formula grant program for States to
establish and coordinate a comprehensive network of family resource and support services. Discretionary grants can be
obtained by community-based programs to establish, maintain, and evaluate child abuse and neglect prevention activities.

Head Start Bureau


P.O. Box 1182
Washington, DC 20013
http://www.acf.dhhs.gov/programs/hsb
This agency administers a national program for preschool children and their families. Activities related to child
maltreatment include staff training on child abuse and neglect identification and reporting, public awareness and
education, and parental involvement.

Administration on Developmental Disabilities


Hubert H. Humphrey Building
200 Independence Avenue, SW
Washington, DC 20201
http://www.acf.dhhs.gov/programs/add/

The Administration on Developmental Disabilities provides support to enable people with developmental disabilities to
achieve their maximum potential. Formula and discretionary grants are available through this agency. Discretionary grants
may support child abuse and neglect prevention activities through early intervention services, program models, and
protection of legal and human rights.
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Public Health Service


Parklawn Building
5600 Fishers Lane
Rockville, MD 20857

The Public Health Service is involved in activities related to child abuse and neglect through several agencies:
Centers for Disease Control and Prevention, National Center for Injury Prevention and Control
(http://www.cdc.gov/ncipc/dvp/dvp.htm)
Indian Health Service
(http://www.tucson.ihs.gov)
Office of Disease Prevention and Health Promotion.

Department of Education
600 Maryland Avenue, SW
Washington, DC 20202
http://www.ed.gov
Within the Department of Education, the Office of Elementary and Secondary Education and the Office of Special
Education and Rehabilitation Services engage in activities related to child maltreatment.

Office of Elementary and Secondary Education


400 Maryland Avenue, SW
Washington, DC 20202-6100
http://ww.ed.gov/offices/OESE
This office carries out child abuse and neglect prevention, public awareness/education, and demonstration project
activities.

Office of Special Education and Rehabilitation Services


Mary Switzer Building
330 C Street, SW
Washington, DC 20202-2500
http://www.ed.gov/offices/OSERS
This office provides formula grants to States and other organizations to improve educational outcomes for children and
adults with disabilities, including abused and neglected children. Emphasis is on special education programs, early
intervention, resource development, and service delivery improvement.

Department of Justice
http://www.usdoj.gov
The Department of Justice supports activities related child maltreatment prevention by collecting crime statistics (Bureau
of Justice Statistics), supporting training in the prosecution of child abuse cases (Bureau of Justice Assistance), and
training law enforcement personnel (Federal Bureau of Investigation). The Office of Juvenile Justice and Delinquency
Prevention supports prevention activities.

Office of Juvenile Justice and Delinquency Prevention (OJJDP)


633 Indiana Avenue, NW
Washington, DC 20531
http://ojjdp.ncjrs.org/
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APPENDIX III

THE PROPER METHOD OF CONDUCTING MEDICAL AND BACKGROUND CHECKS ON STAFF

The question of which employees require a medical background check is dependent on several factors, some of which
may be determined by the particular activities of each facility, and a careful review with legal counsel at each site.
However, any staff working with children should have minimum checks, most of which are required alone just for staff
members who may be working with children. Under all circumstances, you should consult your legal counsel to assist
you in these matters. There are significant legal issues concerning checking employees and prospective hires from both
a medical and background or criminal perspective. Strict guidelines should be sought from legal counsel and adhered
to. This will help avoid legal ramifications and liability issues with your operation down the road.

There are several issues to consider when hiring staff to work with children in your daycare operation. The simplest of
these issues involves conducting routine interviews, reference checks and using applications as pre-hire tools when
looking for employees. Assuring or requiring specific educational or certification criteria is the first step and helps to filter
out those not qualified based on local, state or federal guidelines. Prior experience also plays a part in this and can
even further assist you in filtering out unwanted or unqualified individuals. Interviews obviously help you to personally
evaluate the individual and should be done by at least one person within your operation and preferably more.

The next step is whether or not to require physical exams, drug tests or alcohol tests. Additionally, do you have a drug
and alcohol policy in place for your operation? These can be critical because you should be sure your staff or
prospective hire is free from contagions. Are they physically fit to handle the job and daily duties? In this matter, do you
have job descriptions developed? Is this something that will benefit this process or your operation? Will it assist a
physician in evaluating this individual? Can this individual perform their duties without limitations?

It should be noted that the employee’s medical history and particular medical ailments are a matter of confidentiality
between the employee and their physician. Any effort to obtain medical information about an employee without their
written permission to do so is illegal.

By avoiding requesting any medical details (as to ailments or diagnoses), allegations of breach of medical confidentiality,
or allegations of discrimination on the basis of a particular disease entity can be avoided.

The responsibility for medical clearance evaluation should rest solely in the hands of the employee’s physician, where it
naturally belongs, with the resulting transfer of liability away from your operation.

The physician should be asked on the form to perform the necessary evaluation by history, physical examination and
laboratory tests as may be required to certify that there is no medical contradiction to the performance of these
functions, and that they can be performed safely without limitations from a medical standpoint. A request to certify that
the employee does not have any contagious diseases that might be spread during these activities is appropriate for
childcare workers and others having direct physical contact with children and staff.

The physician should be asked to provide (if indicated) any special restriction on the activities of the employee if they
feel that such restrictions are appropriate. The physician should be instructed that no specific diagnoses are requested,
nor the results of any particular test or examination required.

Permission to release this information to authorized staff from the doctor should be obtained in writing from the
employee and a copy kept on file. A standard form regarding this matter may be formulated during consultation with
legal counsel.

The medical release form would normally include a signed written authorization by the employee naming a specific
physician to release medical information to your facility, and should be dated. This medical release form should be kept
on file in a secure location.
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For personnel directly involved in childcare, a psychiatric and criminal background check should be conducted, to the
extent of the law, in addition to the medical clearance and certification of lack of contagion. Legal counsel is important
regarding the particular procedures that must be followed in each state. It is also suggested that any staff member
driving vehicles or transporting children have the proper physical examination (if a CDL is required), eye exam, copy of
valid and current operators license and including them in a drug and alcohol testing program typically done on a random
basis.

Background and criminal history checks should be done as thoroughly as possible due to abuse and molestation
potential. Again, legal counsel should be sought so that you can assure your checks are as comprehensive as possible
and not stepping across legal boundaries.

Medical clearances should be kept on file in a secure location. They should be updated periodically, as appropriate. It
should be noted that although every effort should be made to ensure employee confidentiality pertaining to medical
matters, employees should not be discouraged from voluntarily revealing details of their medical history which they feel it
would be vital for those who they work with to know in case of an emergency. Such information might include severe
allergies, susceptibility to insulin shock, and the name and telephone number of their physician in case of an emergency.
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APPENDIX IV

DETAILED RESPONSE PROCEDURES FOR MEDICAL EMERGENCIES

Staff members should be instructed to immediately notify supervisory personnel in case of a serious medical emergency.

Once such a medical emergency has been recognized, the local Emergency Medical Service or ambulance service
should be notified immediately. The telephone number of the local EMS or ambulance service should be posted in
prominent locations, and should be known by all staff members. This number is often “911,” although it may vary in
different locations throughout the country; facilities should be aware of the number in their particular location.

When calling the ambulance or Emergency Medical Service, it is important to describe clearly to the operator what the
emergency is, as best as can be determined. An attempt to answer all questions from the operator should be made.

It is important when describing the location of the medical emergency that, not only the number and street be provided,
but also the floor and room number, if relevant. Any other pertinent information that will facilitate prompt location of the
facility should be given (e.g., the nearest cross street).

The care and transportation of the sick or injured is best left to trained individuals ‘(paramedics, doctors and nurses) and,
therefore, as a general rule no treatment should be attempted by day care personnel on the seriously ill or gravely injured.
The victim should not be moved unless they are in a location which in itself presents a danger (e.g., submerged in a pool,
near exposed electrical wires, etc.). Unnecessary movement may make matters worse from a medical standpoint,
especially in the case of a fracture of the neck. An ambulance will normally arrive at the scene within 10 to 15 minutes. If
possible, a responsible individual should stay with the victim while help is summoned.

Two circumstances, however, will require legitimate intervention before the arrival of medical personnel:

1. If profuse bleeding is present, an attempt should be made to slow or halt the blood loss by applying firm pressure
directly over the bleeding site with the use of cotton gauze (or a clean towel, if nothing else is available). Do not apply
a tourniquet.

2. In the case of an unconscious victim, any staff who have been certified (Red Cross, American Heart Association,
Regional Emergency Medical Service, or similar) to perform CPR or Cardio-Pulmonary Resuscitation should perform
the appropriate evaluation of the victim, institute the necessary CPR assessment, and perform its maneuvers. This
will provide potentially lifesaving action pending the arrival of additional medical and paramedical personnel by
ambulance. It is therefore recommended that a list of all personnel trained in CPR be made available, and that staff
members be informed who these individuals are, so that they can be summoned promptly in an emergency. Staff
members who properly identify themselves as being certified to perform CPR may be allowed to perform this
potentially lifesaving maneuver.

If possible, a staff member should secure entry to the facility by standing by the appropriate opened entranceway to
quickly and safely guide medical and paramedical personnel to the victim. If available, another staff member should
position themselves outside the facility to direct the ambulance to the area permitting the quickest and safest entry of the
personnel and their equipment, which may include a stretcher.

Advice regarding transportation of, further care, or emergency procedures on the victim should be left to the discretion of
the trained paramedical or medical team, and no interference should be made by the staff regarding these matters. Under
all circumstances, even if a child refuses, transport to a medical facility or hospital should be carried out to be on the safe
side. Consider that you are acting guardian of the child when the parent is not present. Allow trained medical personnel
at the hospital to determine their physical condition and whether or not they should be released. Obviously, the parents
should be notified immediately and told what has occurred, who is treating the child and where they are being transported.

The staff should follow all orders given by the medical or paramedical personnel to help in their function.
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A complete report of the emergency should be made in writing by a supervisory staff member who was in attendance
during the incident. There should be careful documentation of the call for emergency medical assistance (including the
exact time, if possible), arrival of the ambulance, and any other details regarding the transportation of the victim from the
facility. Staff members attending the ill or injured victim should be interviewed, and any additional data concerning the
incident should be recorded (including action taken by additional staff members).

Legal counsel should be consulted at each facility to determine the necessity of having personnel trained in CPR at each
site. The availability of such personnel may be appropriate in your setting. If such a provision is deemed necessary, it is
important to be sure that more than one staff member be trained in CPR to ensure adequate coverage.
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APPENDIX V

YOUR CHILD CARE CENTER

According to the Insurance Information Institute, over a recent five-year period, total claim settlements reported for day
care operations increased five-fold. The average claim settlement doubled.

The ever-increasing size of court awards in liability cases in general, along with a particularly large increase in awards in
cases involving children’s injuries, were the key contributing factors to this increase.

Depending on the state and city in which your childcare facility is located, it may be subject to legal requirements for
licensing as a Child Day Care Facility. For example, in one state, a child care facility which regularly supervises four or
more children for more than 10 hours a week, or more than one day per week, is subject to licensing requirements. These
requirements can include minimum standards for staffing, qualifications, physical facilities, sanitary facilities and
administrative record keeping procedures.

YOUR CHILDCARE CENTER: A PRIORITY FOR RISK MANAGEMENT

Here are some key guidelines for evaluating your child care operation. If you are subject to specific legal requirements for
day care operations, they should be referenced and complied with as primary standards. However, you will find that many
state or local regulatory programs do not address requirements for all the key liability exposures that should be
considered for sound risk management.

Licensing

Determine if you are subject to licensing requirements as a child care facility. Your state or local social services
department will be able to advise you on this. If you are subject, you will need to proceed initially in accordance with the
application and licensing requirements. Once you have the license, set up a system to keep it current.

Staffing

Staff/Child Ratios at Child Care Centers


The National Association for the Education of Young Children provides the following guidelines for staff/child ratios at child
care centers. To the extent possible, your facility should follow these guidelines.

For infants (birth-15 months), a group of six infants should be supervised by one teacher for every three infants (1:3).
Eight infants is the maximum number of infants recommended and should be cared for by one caregiver for every four
children (1:4). A group of six toddlers (12-28 months) should have one instructor for every three toddlers (1:3); for a group
of eight, one instructor for every four children (1:4); for a group of 10, one instructor for every five children (1:4); and for a
group of 12, one instructor for every four children (1:4).

A group of eight children (24-36 months) should be supervised by one teacher for every four children (1:4); for a group of
10 children, one teacher for every five children (1:5); and for a group of 12 children, one teacher for every six children
(1:6). A group of 14- 2.5 year olds-3 year olds (30-48 months) should have one instructor for every seven children (1:7);
for a group of 16, one instructor for every eight children (1:8); for a group of 18, one instructor for every nine children (1:9)
and for a group of 20, one instructor for every ten children (1:10).

For four-year- olds, a group of 16 children should be supervised by one instructor for every eight children (1:8); a group of
18 children by one instructor for every nine children (1:9); and a group of 20 children by one instructor for every ten
children (1:10).

A group of 16 five-year olds should be supervised by one teacher for every eight children (1:8); a group of 18 children by
one teacher for every nine children (1:9); and a group of 20 children by one teacher for every ten children (1:10). For
kindergartners, a group of 20 children should be supervised by one teacher for every ten children (1:10); a group of 22 by
one teacher for every eleven children (1:11); and a group of 24 children by one instructor for every twelve children (1:12).
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Recommended Staff/Child Ratios Within Group Size.*


Group Size
Age of Children 6 8 10 12 14 16 18 20 22 24 30
Infants (birth to 15 mos.) 1:3 1:4
Toddlers (12 to 28 mos.) 1:3 1:4 1:4 1:4
21 to 36 mos. 1:4 1:5 1:6
2 1/2- 3 year olds (30-48 mos.) 1:7 1:8 1:9 1:10
4-year olds 1:8 1:9 1:10
5-year olds 1:8 1:9 1:10
Kindergartners 1:10 1:11 1:12
(7-year olds and higher) 1:15 1:20 1:20 1:20

* Smaller group sizes and lower staff-child ratios have been found to be strong predictors of
compliance with indicators of quality such as positive interactions among staff and children and
developmentally appropriate curriculum. Variations in group sizes and ratios are acceptable in cases
where the program demonstrates a very high level of compliance with criteria for interactions,
curriculum, staff qualifications, health and safety, and physical environment.

An adequate staff-to-child ratio with close supervision must be maintained for classes, swimming pool use, (if any),
playground activities, and all other activities.

State and local requirements for staff ratios should also be adhered to. The more conservative values should be applied.
One state, for example, requires less stringent overall staff ratios, but requires one staff member for each child less than
one year old, and requires a 1:1 staff ratio for swimming classes for children less than two years old.

The American Red Cross Swimming and Aquatic Safety Textbook recommend that there be one aide for each preschool
child in the pool. An aide may be a parent or other responsible qualified adult. The American Red Cross also recommends
that a person trained in cardio-pulmonary resuscitation (CPR) be present whenever swimming pools are used.

Your staff members should be properly qualified by experience and training. Background and references should be
thoroughly checked. Supervision of the staff should be adequate and employee turnover controlled.

If your facility is subject to licensing requirements, specific staff qualifications may be prescribed in these regulations. This
could include required education, experience, and reference checks.

With the increasing costs of claims due to child abuse allegations, a thorough hiring procedure for child care personnel is
essential. However, this hiring process must also be consistent with applicable restrictions on background checks due to
privacy laws. Legal counsel should be consulted to develop the most thorough feasible hiring procedures.

Security

Evaluate your security measures. Effective child release controls should be in effect and enforced. Parents should be
identified before the child is released. Signatures should be required. Parents should be notified if someone other than the
parent attempts to pick up the child. Security controls should be adequate to prevent an unauthorized entry. Consult your
local police for advice on this exposure.

Evaluate the adequacy and condition of toys, furniture and equipment. Toys should be appropriate for the age group using
them. They should be made from non-toxic materials with no small parts that may create a choking hazard. Toys and
furniture should be free of sharp edges and pinch points. Furniture should be of sturdy, stable construction meeting JPMA
standards and labeled as such.

Swimming facilities need to be evaluated for depth, type of pool, availability and condition of life saving equipment,
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fencing, water treatment and procedures, chemical storage, filtration machinery condition/guarding, walking surfaces,
depth markings/ropes, electrical safety and drain protection. Play or diving equipment should not be present. Access by
the children must be restricted to supervised periods only. Parental releases should be obtained.

Evaluate the electrical system and over current protection. Electrical receptacles should be equipped with child safety
covers. Heaters should be properly installed, enclosed and vented to prevent child contact with hot surfaces, fires and
suffocation from air contamination.

Qualification of Staff

Life Safety considerations, including alarm systems, emergency lighting, number/capacity of exits, travel distance, lighting,
smoke detectors, etc., need to be reviewed for NFPA 101 Life Safety Code and local code compliance.

Any operations not on the level of exit discharge (usually the ground level) should receive special attention. Sidewalks
and parking areas should also be checked for condition and layout. Children must be protected and separated from traffic
if allowed to play outdoors.

Door locks and child safety latches should be properly used to restrict access to hazardous areas but must not impede
access to and egress through required exits.

The water temperatures should be controlled to prevent burns to children from hot tap water (maximum 130 F).

Evaluate the frequency of fire drills, and whether or not the facility is accessible to the fire department.

Regularly evaluate your private on-site fire protection features, including the adequacy, number and type of fire
extinguishers, and the condition and maintenance of sprinkler systems, standpipes, detectors, alarms, and spot protection
such as extinguishing systems for cooking equipment.

Emergency Preparedness

Your normal emergency procedures need to be reviewed and enhanced if you maintain a child care facility. Keep in mind
that parents will tend to want to retrieve their children in case of emergency evacuation rather than use the nearest exit.
The stringent staff ratios set forth by the NFPA 101 Life Safety Code are based on the need to be able to evacuate the
children in case of emergency. Your overall emergency plan needs to be reviewed with this in mind.

A first aid kit should be maintained. Personnel qualified in first aid should be present. Emergency phone numbers for
parents and emergency services should be readily available and kept up-to-date. Transportation to medical facilities
should be planned in advance. Emergency evacuation plans should be established and posted and periodic drills held.

Administrative Aspects

An effective program is needed to control the disciplining of children. Parental releases should be obtained and filed.
Parents should be made aware of the disciplinary measures that will be used. Staff training can include instructions to
summon the parent to handle these situations. State and other legal restrictions on discipline should be referenced.

Evaluate the overall record keeping and the confidentiality of records. Parental releases should be obtained. Adequate
enrollment procedures should be in force and records maintained. Required medical checks, licenses, permits and
certificates should be on file and current.

Complaint procedures should be established. Incident records should be complete and up-to-date. Incidents should be
analyzed to identify problem areas. Claim reporting procedures should be established and corrective actions taken, where
necessary.
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Be alert to unusual exposure factors that may arise, such as requests to supervise children with handicapped or special
medical needs.

Summary

You should implement a program to check the child care operation on a regular basis. A weekly check on physical
conditions and a monthly check on administrative aspects and records is recommended. Prepare a checklist and diary
system tailored to your operation and use it conscientiously.

A sound risk management program with formal procedures and policies has many benefits and can help you to build a
reputable and safe business.
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APPENDIX VI

DISASTER PREPAREDNESS/EMERGENCY RESPONSE

In recent years, floods, hurricanes, ice storms and toxic spills from overturned trucks and railroad cars have required
temporary closure, evacuation and relocation of children from child care facilities. In such emergencies children may or
may not understand what is happening and may be physically of developmentally unable to rescue or protect
themselves. Programs that have followed the steps toward preparedness and planning are better able to protect lives
and return to normal operation in a shorter time period.

Emergency Response Plan (ERP)

Newsletters, e-mail and parent meetings are all effective methods for communicating changes or updates to your ERP.

Identify a local radio or television station to be your source of broadcast communications. When parents enroll in your
program inform them to tune into this station to receive emergency information.

Keep emergency contact information for each child easily accessible. Include both home and work numbers, e-mail
addresses, and cell phone numbers for parents and others who are authorized to be responsible for each child. Have an
out-of-town contact number for each child and employee, so that if phone lines are down in a parents' work area,
someone within the family's network can be contacted with notification that the child or employee is safe. Inform families
to call this out-of-town contact for updated information if needed. Be sure what your back up communications plan will be
if phone service is interrupted.

Recommend to parents of children who are medically fragile or have special needs that they provide medical information
to emergency responders (i.e. EMT, Fire Departments, etc).

When you have a change in staff, orient them to your ERP and their responsibilities within the plan.

BASIC EMERGENCY PLANNING

Every location of every business can be subject to emergencies. Careful planning can minimize losses, employee errors
and patron panic.

The basic emergency planning process includes:


Management Commitment
Exposure Analysis
Loss Control Analysis
Program Development
Program Maintenance

The purpose of this article is to present guidelines for the development and implementation of basic programs for handling
emergencies. A guide to specific control measures related to different types of emergencies is also included (Exhibit #1).

Management Commitment

Top management's commitment is crucial in developing an effective emergency program. An emergency coordinator can
be assigned to oversee the ongoing program where management finds it practical to do so. However, management must
retain its responsibility to see that the program is complete and ready to be set into motion at all times. Potential
emergencies must be considered and evaluated for each facility. Specific plans should be developed, practiced and
revised as necessary.

Exposure Analysis

The first step in developing an emergency program is to identify the types of emergencies that can be anticipated. Among
the exposures to be considered are:
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1. Bioterrorism
2. Winter storm
3. Earthquake
4. Volcano
5. Violence
6. Fire
7. Hazardous Materials
8. Flood & Tsunami
9. Tornado & Hurricanes
10. Missing Children
11. Power Outage
12. Terrorism

A SAMPLE DISASTER PROCEDURES TEMPLATE IS PROVIDED AT THE END OF THIS APPENDIX


ADDRESSING EACH OF THESE PREVIOUSLY NOTED AREAS

The probability of occurrence of each emergency and the extent of damage likely should be evaluated. The hazards of
chemicals used in the workplace need to be evaluated. Material Safety Data Sheets should be obtained and evaluated for
all chemicals used.

Once the exposures have been identified, the existing controls can be evaluated. These controls include specific
management programs, protection devices, procedures and equipment. The adequacy and completeness of
preventative maintenance, facility inspection and security procedures should be reviewed. The type, adequacy,
maintenance and condition of emergency equipment and protection devices should be evaluated. First Aid supplies, fire
detection and protection devices, emergency lighting systems, and personal protection equipment are among the items
to be considered.

Program Development

After the exposures and existing controls have been evaluated, specific guidelines can be developed. Emergency plans
should be developed with these basic considerations in mind:

1) Assign first priority to human life in all emergencies.


2) Identify as many potential emergencies as possible.
3) Devise alternate personnel.
4) Include alternate personnel.
5) Identify all logical sources of help.
6) Inform existing employees, new employees, fire departments, police departments and medical facilities of the
emergency procedures established.
7) Review, update and revise all plans periodically.

The emergency guidelines should include the responsibilities of specific individuals, sources of emergency assistance
and specific procedures. The following functions should be included:

A specific employee should be appointed to be responsible for program planning and implementation. Specific duties of
designated employees and alternates should be established. Designated employees and backups need to be trained in
their duties and responsibilities. Employees must inform their backups if they will not be available. When appointing
employees and alternates, it is important to remember that all shifts must be adequately staffed. Backups should be
chosen so that it is unlikely that both the designated employee and the alternate will be unavailable in an emergency.

Communications

Efficient, reliable communications are an essential element of an emergency program, both before and during an
emergency. Local fire departments, police departments and medical services should be provided with information in
advance. This should include a copy of the emergency program and names, addresses and telephone numbers of
management contacts. A description of the operations, hazardous materials used and premises diagrams should be
included.
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Emergency services should be invited into the facility to become familiar with the premises and potential hazards.
Emergency phone numbers should be posted. A sample form for posting emergency numbers is illustrated in Exhibit #3.

Employees should be trained to contact the manager or a designated employee in an emergency. Information on
shutting down the premises and starting evacuation should be channeled through the emergency coordinator. Facilities
should be available to keep posted on impending problems. As an example, a radio with frequent current weather
broadcasts should be on hand when a major storm warning is anticipated.

Employee Training

Basic emergency training for all employees is a vital part of emergency planning. Training should be provided for all new
employees, periodically as needed and if any changes are made in the equipment or activities. All employees should be
trained in:

1) Evacuation plan, routes and signals.


2) Alarm systems and emergency reporting.
3) Types of potential emergencies and specific actions.
4) Proper use and care of emergency equipment.

Emergencies may require evacuation of a part or all of the facility. Evacuation must be rapid and controlled. All exits
must be unblocked and readily accessible. Fire exits must be adequately marked, well lighted and must open freely. An
evacuation plan should be defined including the direction and path of exit travel. Employees should be trained in
evacuation procedures and drills held and evaluated. Areas where employees should gather after evacuation should be
designated, so all employees can be accounted for. Detailed procedures must be developed to protect clients and
employees.

Emergency Equipment
Adequate emergency equipment must be provided, inspected and maintained. The inspection, maintenance and testing
of all emergency equipment is essential and should be reviewed by the emergency coordinator. Equipment should be
tested and inspected on a scheduled basis. A system of logging or posting should be developed for maintenance and
inspection activities. Employees should be trained in the proper use of all emergency equipment.

Transportation
Transportation to and from the center should be addressed. Transportation may be needed to carry injured employees
or clients to medical facilities and bring medical supplies and personnel to the facility. Local ambulance, police and taxi
services should be identified and evaluated.

Transportation in and around the facility should also be considered. Adequate aisles must be maintained. Emergency
personnel may have to be directed to the entrance nearest the emergency or may have to be accompanied through the
work areas with their equipment. Consideration may have to be given to parking areas for emergency vehicles, with
sufficient space to maneuver, load and unload.

Recovery and Salvage


Procedures are also needed for minimizing the damage after the emergency, repairing the damage and resuming
normal operations. Specific duties and responsibilities need to be outlined. Employees, customers, suppliers, and in
some cases, the media have to be contacted by designated representatives. Contractors may have to be hired to repair
any damage. Security services may have to be hired to prevent theft or unauthorized access. Materials and equipment
may have to be moved or protected to prevent further damage.

Program Maintenance

The emergency program must be tailored to the individual operation. It should be revised to keep pace with activity,
equipment and personnel changes. Emergency drills should be held periodically, preferably with the assistance of local
fire and police departments. The emergency plan should be evaluated after each drill and revised, as necessary. A
periodic audit by an independent consultant can be a valuable tool to management in evaluation of program readiness.
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SAMPLE DISASTER PROCEDURES TEMPLATE

EMERGENCY COMMUNICATION

Emergency: 911

Out of State Contact Number: _________________________________________

Child Care Phone Number: ___________________________________________

Staff Cell Phone Numbers: ____________________________________________

1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________
4. ________________________________________________________________

Licensor Phone Number: _______________________________________________

Insurance Agent Phone Number: _________________________________________


____________________________________________________________________

Public Health Nurse Phone Number: ______________________________________


____________________________________________________________________

BIOTERRORISM

™ Do not touch, smell or taste unknown substances.

™ Cover with paper, trash bin, clothes.

™ Evacuate and close off the room.

™ Mark the room as “dangerous”.

™ Wash hands thoroughly.

™ Call 911.

™ Make a list of all staff and children present in the room to provide the local health
authorities and police.

Notes:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
___________________________

WINTER STORM

Tune Radio to: _________________ for weather updates.


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Winter Storm Watch: Conditions present that could cause weather emergency.

Winter Strom Warning: Severe weather expected and precautions should be taken.

™ Close center early, if possible.

™ Make sure all children and staff has several layers of warm and dry clothing.

™ Access your reliable and safe alternate heating and light source.

Lightening: Stay indoors, avoid electrical appliances and plumbing.

If outdoors: crouch in small group under tree growth away from water, hilltops, beaches, small isolated structures.

EARTHQUAKE

™ Drop, Cover and Hold under heavy furniture or near load bearing wall.

™ When the shaking stops, evacuate to predetermined area. Bring emergency kits with you.

™ Account for all children.

™ Assess injuries.

™ Call 911, if needed.

™ Treat injuries within your guidelines.

™ Assess damage to building and rooms. Determine if need to turn gas and water heater off.

™ Phone out-of-state contact with status and on-going plan.

FINANCIAL RIGHTS

Insurance Company Name and Number:


_______________________________________________________________________________________
_________________________________________________

Financial disaster assistance is available through the Federal Emergency Management Agency.

Begin Disaster Log:


_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
___

VOLCANO

™ Tune Radio to _______________ for updates.

™ Follow all evacuation instructions.


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™ Bring emergency kits when you evacuate.

™ Access masks and goggles. Assure that children and staff with lung conditions apply them.

™ Stay inside. Seal window and doors

™ Keep roof clear of more than 4” ash. Change outside clothes and shoes before coming into the
building.

™ Limit travel.

VIOLENCE

™ Assess life/safety issues immediately.

™ Implement “Evacuate” or “Lock-Down” procedures with crisis communication system.

™ Phone 911.

™ Provide immediate emergency medical care.

™ Account for all children.

FIRE

™ Drop, Crawl, head down and small breaths, if needed.

™ Phone 911. Give address and cross streets.

™ Evacuate building to pre-designated place. Bring Emergency Kits with you.

™ Account for all children.

™ Begin phoning emergency contacts, if needed.

HAZARDOUS MATERIALS

Evacuate:
When emergency broadcast system or “reverse 911” announces evacuation, follow route and destination
information.

Shelter-in-Place:

™ Shut down ventilation system.

™ Confine all children and staff to a room with fewest doors and windows. Bring emergency kits with you.

™ Account for all children.


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™ Tape off and seal doors and windows.

™ Tune Radio to ___________________ for updates of situation.

™ Phone emergency contact so parents can access information.

™ Use telephone as a little as possible.

TSUNAMI & FLOODS

Tune Radio to ________________ for updates. Follow all evacuation instructions.

Tsunami:

™ Know evacuation route.

™ Evacuate to 50 feet above sea level.


If no time, go to highest level of building you are in.
If on the beach, go inland as far as possible.

™ Bring emergency kits with you.

Flood:

Flood Watch: Flooding is possible and be on alert.

Flood Warning: Flooding is imminent and necessary precautions should begin.

™ Evacuate to predetermined site.

™ Bring disaster kits.

™ Evacuate children and staff from immediate area.

TORNADO/HURRICANES

Tune radio to ___________________ for updates.

Tornado Watch: Tornado is likely.

Tornado Warning: Tornado has been sighted.

™ Follow evacuation instructions.

™ Evacuate to underground area or interior area on the lowest floor away from windows.

™ Bring radio, telephone and emergency kit with you.

™ If outdoors, shelter in low lying area, like a ditch.


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MISSING CHILD

Search the facility: look in places child may hide, look in bodies of water that are nearby.

Attempt confirmation that child is with family.

Prompt 911: Give description of clothing, last time seen and location.

POWER OUTAGES

Tune radio to __________________.

™ Access safe and reliable secondary source of lighting.

™ Account for all children.

™ Unplug all appliances, stereos and computers, and turn off all lights.

™ Leave one light “on” to signal when power returns.

™ Keep refrigerator and freezer doors closed.

™ Access your emergency kits for food and water.

™ Access hard-wired phone.

™ Phone emergency contacts with plan.

TERRORISM

Bomb Threat

™ Stay on the phone as long as possible.

™ Signal another staff person to call 911.

™ Begin evacuation.

Get as much information about bomber as possible:

Who are they?

Where are they?

Where is the bomb?

When is it going to go off?

What does it look like?

Why did they plant the bomb?

™ Listen for background noises and voice traits.

™ Leave when caller hangs up or you feel immediate danger.


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APPENDIX VII

DRIVER ELIGIBILITY
Car crashes are the number one cause of workplace injury and death, according to the U.S. Department of
Transportation. Accidents cost America's employers some $50 billion a year. Establishing a meaningful, effective and
realistic driver selection & qualification program is a vital component to the operation of any motor vehicle fleet, whether it
is a coast to coast interstate operation or a small incidental fleet of sales vehicles. By placing sufficient emphasis on
selecting the best available driver, a company helps to avoid future financial losses resulting from accidents and abuse of
vehicles.

The driver evaluation & eligibility process should include several steps such as:

Driver’s application form

Interview

Drivers license verification

Reference check

Motor vehicle record (MVR) review

Physical examination

Road test

Written test (optional)


DRIVERS LICENSES VERIFICATION
Personally check and review the applicant’s driver’s license to determine if he/she is qualified and license to
operate the type of vehicle(s) in your fleet.

Check the classes listed on the license as well as any restrictions and the expiration date.

MOTOR VEHICLE RECORD CHECKS

Some states do not require insurance carriers to pay for punitive damages which could be awarded to victims caused by a
company driver. If the driver has a poor driver history, suspended license, or evidence of driving under the influence, etc.,
these are tools the prosecuting attorney can use against the defense.

Studies show that 70% to 75% of all drivers on the road, including truck drivers, have zero or one moving violation or
accidents in any given 36 month period. Having two or more violations and/or at fault accidents is not “normal” and
indicates increased exposure to accidents. These drivers present a significantly greater risk to your company because
they are more likely to be involved in a vehicular accident than those with no traffic violations.

PIIC recommends that as a minimum, companies should develop a formal policy regarding Motor Vehicle Report (MVR)
evaluation criteria. Please be certain that you adhere to the Fair Credit Report Act and have potential employees sign the
Disclosure Agreement Form. MVR’s that fall into the borderline category in the chart below should be reviewed more
frequently. The policy should make it mandatory for all drivers to inform management of any license suspensions
immediately. MVR’s should be pulled as part of the new hire selection process and rechecked for all employees on at
least an annual basis. This covers those employees who would be classified as occasional drivers and those operating
personal vehicles on company business. The following is an example of a Grading System:

Sample Grading Criteria

Number of Minor Number of at Fault Accidents (Last 3 Years)


Violations (Last 3
years)

0 1 2 3
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Acceptable Borderline Poor


0 Clear

Acceptable Borderline Poor


1 Acceptable

Borderline Poor Poor


2 Acceptable

Poor Poor Poor


3 Borderline

Poor Poor Poor


4 Poor

Poor Poor Poor


Major Violation Poor

Minor Violations – This category includes any moving violation other than a major except: motor vehicle equipment, load
or size requirement; improper failure to display license plates; failure to sign or display registration; and failure to have a
driver’s license in possession.

Major Violations – This category includes driving under the influence of alcohol and/or drugs; failure to stop and report
an accident; reckless driving; racing or speeding contests; driving while impaired; making a false accident report;
homicide, manslaughter or assault arising out of the use of a vehicle; driving while license is suspended or revoked;
railroad crossing violations, and attempting to elude a police officer. Of particular importance is that convictions for major
violations that drivers are convicted of in personal or non-commercial vehicles now are counted the same as those while
operating commercial motor vehicles (CMV’s).

PIC has created a MVR Analysis Form that when completed with the appropriate MVR information, will tell you “Yes” or
“No” as to whether or not the driver is eligible to drive: (MVA Analysis)

MVR Analysis

Policyholders can obtain MVR’s from any of a number of pre-employment screening companies and state
agencies. Drivers with poor evaluations should be subject to loss of driving privileges. Road observation
programs that supplement the MVR reviews with 1-800 phone call in programs that generate timely management
reports are also available.

For more information on Driver Eligibility, Driver Selection, Driver Safety, Driver Road Testing Procedures, or any
additional safety information, please log on to our loss control website and register at www.losscontrol.com

APPENDIX VIII

REFERENCES

1) O.S.H.A. Handbook for Small Business, U.S. Department of Labor - Occupational Safety and Health
Administration, O.S.H.A. 2209.

2) Emergency Response in the Workplace, U.S. Department of Labor -Occupational Safety and Health
Administration, O.S.H.A. 3088.

3) Loss Prevention and Control - B.N.A. Policy and Practice Series. The Bureau of National Affairs.

4) Playground Safety, Division of Professional Services, National Recreation & Park Association

5) Office of Personnel Management: Work/Life “Child Resources Handbook)


ƒ http://www.opm.gov/wrkfam/html/cchb502.asp

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