13 minute read

Safety is Key at AAC

About 80 percent of

all traffic accidents are caused by driver inattention.

— Sue Lewis

Alvin Black, Montgomery County Judge, talks with Lynn Hart, Saline County safety coordinator after the 2012 AAC Safety Conference in May. Safety is key By Scott Perkins County Lines Editor

Safety is as safety does. About 80 county officials and employees who attended the 2012 Association of Arkansas Counties Safety Conference in May at the AAC experienced a broad base of safety education ing in the state. Terry Bryant with Environmental Associates, Inc. focused his message on hazard recognition in the workplace. He satirically said we’re all “‘Dennis the to take back with them to their respective counties. “We enjoyed a good turnout and the presentations were all very informative and even entertaining,” said Barry Burkett, AAC loss control specialist. “Some of the material was designed to grab your attention and make you think about safety. Any time we can bring safety into the top of the conversation, then that is a good thing.”

Participants heard from four different presenters who talked on subjects ranging from distracted driving to hazard recognition and communication.

“I thought the subjects discussed were timely and provided an umbrella of good safety information for our attendees,” said Debbie Norman, AAC Risk Management Services manager. “Workers and employees benefit when we take the time to recognize what being safe is all about.”

Sue Lewis, a representative from Thompson Defensive Driving, shared an attention-grabbing multi-media presentation where numerous vehicle accidents were shown or reenacted. The silence in the room was proof of the video’s impact on the audience.

Lewis said 80 percent of all traffic accidents are caused by driver inattention, which means most accidents could be avoided. Leading distractions while driving include cell phone use, passengers, eating and drinking and even personal grooming.

Lewis made sure everyone was aware of Paul’s Law, which made it illegal in the state of Arkansas for drivers to text and drive.

Paul’s Law was named after Paul Davidson, a Craighead County businessman, who was killed when a texting driver struck his vehicle on State Highway 1 in 2008. Hilary, Paul’s daughter, drafted the law. It is also illegal for drivers under the age of 18 to use a cell phone for anything while drivMenace’ It is in our nature.” The audience chuckled as he explained how humans have a tendency for hazard-friendly behavior. “Hazards are around us,” he said as he flipped through several photos on the screen. “The trick is catch them before they turn into accidents.” He showed images of poor electrical connections, frenzied forklifts, chemical and water spills and people hanging on ladders in precarious positions. “When you say, ‘If this doesn’t work, we’ll try something else,’ that’s when you need to stop and think about what the results could be if whatever you are doing doesn’t work,” Bryant said. “What you need to do when you see these situations in your workplace is to think about what you can do about it. Don’t leave something that could be a hazard.” Bryant said tunnel vision on the task at hand and being in a hurry are two of the main states of mind that allow distractions to become hazardous. Andy Kelloms, Dassault Falcon Jet safety director, transitioned the message to more of a detailed presentation on hazard recognition and the global harmonization of HAZMAT communications. Kelloms distributed an Occupational Safety and Health Administrations (OSHA) fact sheet titled “Hazard Communication Standard Final Rule” which can be accessed at www.osha.gov. He also referenced the AAC Safety Manual, which was also distributed to the conference-goers.

Andy Kelloms, Dassault Falcon Jet safety director, presents information on hazard recognition and the global harmonization of HAZMAT communications.

Having good policies and following those policies is key.

— Jason Owens

Safety is key at AAC

Hazards are all around us. The trick is to catch them before they turn into accidents.

— Terry Bryant

Above: Attendees enjoy a BBQ lunch at the AAC. Left: Terry Bryant with Environmental Associates, Inc. looks for a volunteer and talks about identifying potential hazards in the workplace. Jason Owens, an attorney with Rainwater Holt and Sexton, outlines case law concerning emergency response. Charles O’Haver (front), Searcy County safety committee member, and Sonny Cox, Arkansas County Judge look on.

“If you teach section 12 in your HAZMAT communication program in the [AAC Safety Manual] then that is the best guidance tool,” Kelloms said. “Take advantage of that in your workplace. Section 12 is certainly a tool to use.”

Compliance to the new Hazard Communication Standard includes a written program, new labels, safety data sheets and information and training.

These new changes to the standard will bring the United States in alignment with the Globally Harmonized System of Classification and Labeling of Chemicals.

Kelloms explained how manufacturers would be required to provide new labeling on chemicals and products by Dec. 1, 2015. But he used a can of Coke and Styrofoam cup to prove the importance of labeling secondary containers in the workplace.

“I know this is Coke in this cup because I poured it,” Kelloms said as he poured the cup about half-full, trying not to produce too much fizz. “But if I do that and walk away or if someone else walks up on this container, then how do they know what chemical is in it?”

Kelloms asked the crowd how they label secondary containers.

“We write on it,” someone uttered from the side of the room.

Kelloms agreed that was great first step and most likely works well, but that the new labeling criteria and classification would include a protocol for secondary containers to also be properly labeled.

The new classifications include pictograms for the nine hazards: health hazard, flame, exclamation mark, gas cylinder, corrosion, exploding bomb, flame over circle, environment and skull and crossbones.

Jason Owens, an attorney with Rainwater, Holt and Sexton, took the conversation from hazardous materials to the legalities of emergency response driving.

He cited Terrell v. Larson 2005, and pointed out some key components for emergency response situations.

“An emergency is a situation needing law enforcement officers as rapidly as they can arrive, even if that entails the risks inherent in high-speed driving,” Owens quoted.

He said in Arkansas, emergency vehicles must have both lights and sirens and, when responding to an emergency, an emergency vehicle must have both lights and sirens engaged.

Under federal law, an emergency exists “if the deputies subjectively believe they were responding to a true emergency.”

According to A.C.A. 27-51-204, “emergency drivers are not protected from the consequence of reckless disregard of the safety of others.”

The Arkansas Model Jury Instructions define “reckless disregard” as: “continuing such conduct that one knew or ought to have known, in the light of the surrounding circumstances, would naturally and probably result in injury or damages.”

“Having good policies and following those policies is key,” Owens repeated a couple of times as his main message.

As we come out of this economic downturn, we are going to have to remember the counties. The counties have been strapped every bit as much, if not more, than the state and federal government.

— Attorney General Dustin McDaniel

Arkansas county judges collaborate in Eureka for annual spring meeting

By Scott Perkins County Lines Editor

The County Judges Association of Arkansas (CJAA) conducted its annual spring meeting from June 6-8 in Carroll County at the Best Western Inn of the Ozarks.

Judges and other county employees who participated in the conference listened to various presentations from state officials and agencies, browsed a healthy vendor area and conducted official CJAA business.

Dustin McDaniel, Attorney General of Arkansas, was the keynote speaker during Thursday’s luncheon. He stressed working as a team and the overall importance of county government in Arkansas’ past and future.

“You get a lot of blame, but you don’t get near enough credit,” McDaniel said about county judges and county governments.

“Our businesses are working, our people are getting back to work. Arkansas has increased its employment rate nine months straight and every single person in this room has played a role in it,” McDaniel said. “As we come out of this economic downturn, we are going to have to remember the counties. The counties have been strapped every bit as much if not more than the state and the federal government.”

The audience gave a resounding applause in response to McDaniel’s comments.

“You’ve got bridges that are in dire need of repair. You’ve got miles and miles and miles of roads that need to be restored and there’s simply not enough money to go around.”

McDaniel even mentioned the collective burden that counties endure because of state mandates with no requisite funding sources. He said county government is “where the rubber meets the road.”

“It doesn’t matter which part of Arkansas you are from, you know it has been hard. Some folks have been blessed with a little more economic activity here or there … but we all have had serious, serious challenges,” McDaniel explained. “But I know that Arkansas is better off than most states in the union, as do you, because you hear it over and over again,

Shelby Johnson, Geographic Information Coordinator for the Arkansas Geographic Information Office, describes AGI’s new smartphone application.

Laura Connerly, assistant professor at the U of A Extension Service, talks about health and wealth. David Hudson, Sebastian County Judge, introduces Lt. Gov. Mark Darr.

Benton County Judge Bob Clinard takes the floor during a CJAA legislative committee meeting. Lt. Gov. Mark Darr tells judges that he has a commitment to transparency in state government.

Charles Gangluff, program manager for the Arkansas Association of Resource Conservation, talks about a new SAFER Grant.

Preston Scroggin, CJAA president and Faulkner County Judge, conducts a CJAA business meeting.

Becky Comet, AAC member benefits manager, hands Yell County Judge Mark Thone a door prize.

that we remain one of only four states in the country that has paid our bills, balanced our budgets, every single time.”

McDaniel compared Arkansas’ situation to other states and said, “I’m proud of the reports in Arkansas, but … the system we have now is simply not sufficient and is not sustainable forever. We have to get in the weeds together and figure out how we are going to do better going forward. There’s nobody better than you [county government] to be our partners in working that out and I look forward to working with you on it.”

Shelby Johnson, Geographic Information Coordinator for the Arkansas Geographic Information Office, showed off one of his office’s newest accomplishments which put the power of GIS mapping in the palm of a user’s hand via smartphones.

“We’re good at what we do because of you,” Johnson said. “We try to create it once and share it a bunch.”

Johnson explained how communicating with county judges and staffers helps his office create needed databases and applications. Johnson shared the new technology on the presentation screen before conducting a smartphone field exercise outside. He showed how address points, roads, tax parcels and even low water crossings have been included in the mobile platform.

Jon Swanson, MEMS executive director, provided an update about MEMS operations and the Arkansas Trauma Call Center in the state of Arkansas. He said hospital classifica-

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Legislative Commentary A ballot item to watch: Issue No. 1

Director’s Take

Not that any of you need to be reminded, but the voters of Arkansas return to the polls in November to make choices across our state that will impact us all. Each county has races in federal This amendment will provide counties with more than $350 million in new turnback revenue, Issue No. 1 will finance a $1.3 billion bond issue or state offices; some have county races and a few will face the wet/dry issue. Chris Villines

While the state constitutional offices may be in their mid-term AAC and not subject to review, there are, as is usually the case, some Executive Director referred constitutional amendments or petition-driven measurers that will find their way to the ballots.

Most of the petition-driven measures acts appear at this time to have been kept from the ballot. The signature gathering process for these petitions failed to accumulate the needed numbers in order for them to move ahead. There is very little time for issues such as the “Regnat Populus” ethics drive or severance tax increase drive to garner the needed signatures to be included in the November election. Other signature drives for casinos in Arkansas and medical marijuana have also not passed petition muster.

There are, however, two referred constitutional amendments that we will see on the ballot. Issue No. 2 deals with the creation of development districts in cities or counties that would allow bond issues and dedicated sales taxes used to retire unfunded liabilities of closed local police and fire pension plans. Because these local plans are largely municipal, this issue appears to impact municipalities more than it would counties.

However, Issue No. 1 could have a profound effect on county road budgets, and as a result, both the County Judges Association of Arkansas and the Association of Arkansas Counties Board of Directors have voted to endorse Issue No. 1. If passed, it would result in an injection of millions of dollars into each county’s road fund through a temporary ½ cent sales tax. This amendment is formally titled: “an amendment to provide additional funding for state highways, county roads, city streets, bridges, and other surface transportation.” with a temporary, 10-year ½ cent sales tax, without raising taxes on groceries, medicine or gasoline. The bond issue will fund the further construction of the four-lane highway system in Arkansas thus helping connect all parts of the state. When the bonds are retired in 10 years, the temporary tax will be abolished. The proponents of Issue No. 1 state the following: “It will support more than 40,000 jobs throughout Arkansas. It will im“Issue No. 1 could have a profound effect on county road prove economic development by adding more four-lane highways designed to help attract new business and industry, while making budgets, and as a result, both the it more economical for existing business and industry in the state County Judges Association of Arkan- to expand. In addition, with a new $1.3 billion, 10-year bond issue, sas and the Association of Arkansas existing highway revenue can be re-directed to the state’s secondCounties Board of Directors have ary roads for maintenance and voted to endorse Issue No. 1.” improvements, as the bond issue revenue takes care of construction costs for four-lane expansion. More than $700 million in new state turnback will come from Issue No. 1, providing $350 million to cities and $350 million to counties, per our state’s traditional highway revenue allocation — 70 percent to the state; 15 percent to cities; and 15 percent to counties. And counties can use the $350 million for transportation-related projects as they see fit.” The bond issue and the new county turnback revenue provided by Issue No. 1 will all be funded for 10 years without raising taxes on groceries, medicine or gasoline. For more information on Issue No. 1 and on turnback revenue by county, go to www.MoveArkansasForward.com.

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