HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 6 – PERSONNEL, EMPLOYMENT AND LABOR CODE

SECTION8 – OCCUPATIONAL SAFETY AND HEALTH

PROGRAM ACT OF 2002

SUBSECTION 1 – GENERAL SAFETY

ENACTED BY LEGISLATURE: MAY 20, 2002

LAST AMENDED AND RESTATED: December 6, 2022

CITE AS: 6 HCC § 8-1

1. Authority. See basic document (Occupational Safety and Health Program Act).

2. Purpose. This subsection of the Occupational Safety and Health Program Act provides basic safety

rules and procedures to be followed by all Nation employees.

3. Policies and Requirements.

a. First Aid Kits.

i.

Facilities that do not have medical personnel, i.e., EMTs and First Responders, on site shall

have first aid kits located in each department. First aid kits and supplies shall be readily available and

their location known by all employees. For construction activities, there shall be a first aid kit on each job

site.

ii.

At those facilities where the eyes or body of any person may be exposed to injurious

corrosive materials, suitable facilities for quick drenching or flushing of eyes and body shall be provided

within the work area for immediate emergency use. Where a plumbed unit is not available, a personal eye

wash kit may be used initially, but the person shall be then taken to a plumbed unit. Personal eyewash

kits do not negate the requirement for plumbed units.

b. Fire extinguishers. All facilities and work sites shall be equipped with fire extinguishers in

accordance with the following requirements.

(1) Fire extinguishers for use on Class A fires shall be placed so that the travel distance to any

extinguisher is 75 feet or less.

(2) Fire extinguishers for use on Class B fires shall be placed so that the travel distance to any

extinguisher is 50 feet or less.

iii.

Fire extinguishers for use on Class C hazards shall be distributed on the basis of the

appropriate pattern for the existing Class or B hazard.

(4) Fire extinguishers for use on Class K fires shall be placed so that the travel distance to any

extinguisher is 30 feet or less.

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c. Drugs and Alcohol. Employees are strictly prohibited from possessing or using drugs and alcohol

in the workplace. See Chapter VII, Drug, Alcohol and Controlled Substance Policy, Ho-Chunk

Nation Employment Relations Act (6 HCC§ 5).

d. Smoke Detectors. All facilities shall be protected with smoke protectors.

e. Fire/Emergency Procedures and Drills. Each facility shall have written fire/emergency procedures.

Fire/emergency procedure drills will be conducted at least semi-annually.

f. Employee Training.

(1) New employees shall be trained on basic safety rules during orientation by a

Personnel/Human Resource employee/Safety Officer and receive job-specific safety training by their

supervisor or designated competent person or qualified person during their department orientation. This

safety training shall be documented. The documentation shall include the name of the trainer and the

contents of the training, and acknowledgement of understanding (test and demonstration affirmation).

(2) See the separate subsections of the Occupational Safety and Health Program Act for specific

hazard training requirements.

g. Personal Hygiene and Sanitation. Employees shall maintain healthy personal hygiene and

cooperate in helping to maintain a clean and orderly workplace.

4. Definitions. See basic document (Occupational Safety and Health Program Act). In addition, the

following definitions apply to this subsection.

a. “ANSI” means American National Standards Institute.

b. “Class A Fire” means fires in ordinary combustible materials such as wood, cloth,

paper, rubber, and many plastics.

c. “Class B Fire” means fires in flammable liquids, combustible liquids, petroleum greases, tars, oils,

oil-based paints, solvents, lacquers, alcohol, and flammable gases.

d. “Class C Fire” means fires that involve energized electrical equipment where the electrical nonconductivity of the extinguishing media is of importance.

e. “Class K Fire” means fire in cooking appliances that involve combustible cooking media

(vegetable or animal oils and fats).

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f. “Competent person” means one who is capable of identifying existing and predictable hazards in

the surroundings or working conditions, which are unsanitary, hazardous, or dangerous to employees, and

who has authorization to take prompt corrective measures to eliminate them.

g. “EMT” means Emergency Medical Technician.

h. “SDS” means Safety Data Sheet.

5. Adoption of Occupational Safety & Health Administration Standards. The following OSHA

Standards are hereby incorporated by reference into the General Safety program subject to those changes,

additions, or omissions specified herein.

a. General Industry Standards (29 C.F.R. § 1910).

b. Construction Standards (29 C.F.R. § 1926).

c. Agricultural Standards (29 C.F.R. § 1928).

6. Key Safety Rules. All employees will be familiar with the following rules. These rules will be

included in the new employee’s initial orientation.

a. Report any injury to supervisor immediately, no matter how slight.

b. Report all unsafe conditions to supervisor immediately.

c. Maintain good housekeeping. Keep work areas clean and clear. Put things where they

belong.

d. Be aware of the location of the first aid kit, so that you may reach it in an emergency.

e. Familiarize yourself with all emergency exits and the location of any emergency shutoff

valves or switches.

f. In case of fire, call security desk immediately. Call 911 if you do not have security on-site or

your local fire department if you do not have 911 services. Alert all occupants of the building so

a safe, orderly evacuation may take place.

g. Adequate fire extinguishers are provided throughout the area. Be aware of their locations and

proper operation.

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h. Always be alert and observe all safety signs.

i. Never make any changes on equipment to bypass safety devices.

j. Do not tamper with controls or switches on heating, air condition, or other equipment unless

authorized to do so.

k. When mixing chemicals, always wear protective equipment that is approved by the

supervisor.

l. When spraying any chemicals, always wear safety glasses, masks, and gloves.

m. Make sure that electrical tools are properly grounded and that no electrical hazard exists from

standing power.

n. Lift with leg muscles, not the back. Be certain to have a firm grasp and firm footing before

lifting anything.

o. Do not attempt to lift or move anything too heavy. Maximum weight is 85 lbs. Use available

equipment (dollies, wheelbarrows, etc.) for assistance or get help.

p. Horseplay is strictly prohibited.

q. Use only approved ladders to climb.

r. Use the proper welding masks and gloves when welding or using any form of cutting torch.

s. Do not use compressed air to attempt to clean off clothing. Use of compressed air can cause

debris to become imbedded in skin and eyes.

t. Hearing protection must be used when required.

u. Comply with all posted personal protective equipment (PPE) notices.

v. Be mindful that stress can impair employee thinking and actions. Additional care to be alert

and to act safely must be taken during these periods.

7. General First Aid Practices. All employees shall be familiar with the following first aid practices.

a. Eye Irritations and Injuries.

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i.

For eye irritation caused by abrasives, flash burns, or chemical fumes, flush with fresh water

or an equally effective solution. If eye irritation persists, contact a physician or transport the injured

worker to a medical center for treatment.

ii.

For particles on eye surface or under eyelid, remove particle if possible and wash with

eyewash solution. If eye irritation persists, contact a physician or transport the injured worker to a

medical center for treatment.

iii.

For paint materials or cleaning solvents in eye, wash continuously with clean, fresh water. If

problems persist, contact a physician or transport the injured worker to a medical center for treatment.

b. Skin Abrasions and Injuries.

(1) For paint on skin, remove with soap and water. Do not use paint thinners or strong solvents.

Use rubber gloves to mix epoxy putty. If skin irritation develops, consult a dermatologist.

c. Nausea and Loss of Consciousness.

iv. Nausea or hallucinations from solvents or paint fumes,

(a) Transfer worker away from painting area.

(b) Provide clean air, ventilation, and rest before intake of fluids.

(c) Consult physician if the condition recurs or circumstances indicate.

v. Loss of breathing.

(a) Apply rescue breathing immediately.

(b) Call for emergency medical services.

vi. Loss of blood.

(a) Check for possible bleeding and immediately apply first aid treatment plus

cardiopulmonary resuscitation if trained to do so.

(b) Call for emergency medical services.

8. Contents of First Aid Kit. At a minimum, each first aid kit required by this Program shall contain

the following items.

a.

b.

c.

d.

Eyewash solution.

Bandage gauze.

Adhesive tape.

Band-Aids.

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e. Antibacterial salve.

9. Blood borne Pathogens. Also see Subsection 2 (Exposure Control) to basic document (Occupational

Safety and Health Program Act).

a. With any potential exposure to blood borne pathogens, i.e., attempting to give first aid to a

bleeding co-worker, employees must follow these basic rules:

(1) Wear gloves.

(2) Do not re-use gloves.

(3) Wash your hands with soap and water after removing gloves.

vii. Wear safety goggles if there is a potential for contaminants to splash into the

eyes.

viii. Wear a mask if there is a potential for contaminants to splash into the mouth or

nose.

ix. Wear additional protective clothing if skin is not covered.

(7) If you become exposed to blood borne pathogens, wash the area immediately and report the

incident to your supervisor. Professional medical attention will then be provided, including any required

Hepatitis B vaccine.

(8) Regulated waste must be properly bagged, labeled, and disposed of according to the

procedures in the written Exposure Control Plan.

b. All employees who may possibly be affected must also be trained and tested on the detailed

procedures contained in the written Exposure Control Plan.

10. Rules for Toxic Vapors and Liquids.

a. To avoid the explosive hazards of flammable vapors and liquids, take the following precautions.

(1) Provide adequate ventilation.

(2) Use solvents with high temperature flash points.

(3) Use paint thinners to clean paint surfaces. Avoid use of naphtha, benzene, or carbon

tetrachloride and solvents.

(4) Use non-sparking and intrinsically safe equipment and proper grounding of equipment.

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b. All employees who may possibly be affected must also familiarize themselves with the SDS

training outline, Hazard Communication Plan, and other SDS materials.

11. Materials Handling.

a. Materials handling and equipment positioning involves lifting, carrying, dragging, pushing, pulling,

and conveying of materials. Always follow these basic principles:

(1) Become familiar with safe handling of abrasives, paints, materials, and equipment.

(2) Be careful to avoid tripping over objects when hand-carrying materials and equipment.

(3) Maintain all walkways and stairways clear of obstructions and hazards.

(4) Keep materials storage and equipment area clear of debris.

(5) Practice good housekeeping to provide easy access to materials and equipment.

(6) Maintain all equipment in proper working condition.

(7) Use appropriate labor saving devices whenever possible.

12. Lock-Out/Tag-Out Procedures (LOTO). Also see Subsection 5 (Lock-Out/Tag-Out) to basic

document (Occupational Safety and Health Program Act).

a. LOTO is a procedure to control the activation of machinery by controlling the machine’s power

source. These sources include electricity, steam, or any other source of power. Controlling a machine’s

power source prevents accidents caused by sudden activation of machinery. Failure to properly control

power sources can have very serious consequences.

b. The following are some of the key points concerning LOTO procedures:

(1) Know where all energy source feeders and shut-off locations are for the machine being

operated.

(2) If machine is unsafe or being worked on, shut off the power and lock the switch.

(3) Tag the lock. (List why the machine is out and the date of installation of the lock.)

(4) Only the person who installs the lock and tag should remove it.

(5) After all energy sources are shut off, proceed with caution (stored energy may still be in the

machine and cause injury); follow the manufacturer’s recommendations; and test for movement by trying

controls.

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(6) Remember, many machines have multiple power sources. Make sure that all power sources

are locked when working on your machine.

(7) When the machine is safe to operate, remove the lock and tag.

c. All employees who may possibly be affected must also be trained and tested on the detailed

procedures contained in their department’s written LOTO Plan.

13. Forklift Safety Rules. Also see Subsection 6 (Powered Industrial Truck Safety) to basic document

(Occupational Safety and Health Program Act).

a. General Rules.

(1) Only authorized and certified personnel may operate forklift equipment.

(2) When operating a forklift, refer to manufacturer’s manual.

(3) Never exceed the rated capacity.

(4) Watch for pedestrians at crosswalks, doors, and main working areas.

(5) Maximum speed limit is five miles per hour.

(6) Always turn off engine and remove the key if moving 25 feet or more from truck.

(7) Never park with forks in “up” position.

(8) Blow horn at all blind intersections and corners.

(9) Always center forks under the load.

(10) Always keep the load against the backrest for better support.

(11) Never allow riders on truck.

(12) Arms and legs are prohibited from being placed outside the running lines of the truck.

(13) Never turn sideways on a ramp or sloped surface.

(14) Always sound horn and look carefully before backing up.

(15) On extra-wide loads, spread forks as wide as possible.

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(16) Wear seatbelt at all times when operating a forklift.

b. All employees who may possibly be affected must also be trained and tested.

14. Back Injury Prevention. The back is a common location of employee injuries. Back injuries are

reduced when employees:

a. Minimize any materials handling and use mechanical devices and equipment for assistance

whenever possible.

b. Practice the following proper lifting techniques.

(1) Lift with the legs.

(2) Keep head high, chin tucked in, and back arched.

(3) Keep weight close to body and stand straight.

(4) Create a balanced base of support by placing one foot ahead and one foot behind to get

the weight in close.

(5) Pivot with the load.

(6) Put one foot up and change positions often when standing for long periods of time.

(7) Keep work at a comfortable height.

(8) Stand, if possible, on a cushioned mat.

(9) Interrupt or change stressful positions frequently.

(10) Keep heavy loads close to body.

c. Avoid the following practices while lifting.

(1) Twisting the back while moving material. Always keep shoulders in line with the hips.

(2) Wearing high-heeled, hard-heeled, or platform shoes when standing for long periods of

time.

(3) Standing in one position too long.

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(4) Standing with knees locked, stomach muscles relaxed, and back swayed.

(5) Bending forward at the waist with work material in a low position.

(6) Remaining in the same position for a long period.

(7) Reaching with a heavy load.

(8) Lifting with the back flexed.

15. Personal Protective Equipment (PPE). Also see Subsection 7 (Personal Protective Equipment) to

basic document (Occupational Safety and Health Program Act).

a. The Nation will first use engineering and administrative controls to eliminate or reduce (if

elimination is not possible) any hazards. Whenever necessary, the Nation will also use PPE to provide

additional protection.

b. Foot Protection. Safety-toed footwear must be worn whenever foot injury could result from

accidental contact with heavy objects. Footwear must meet all requirements of American Society for

Testing and Materials International (ASTM) F2412/ASTM F2413. Employees are responsible for

providing their own safety-toed footwear.

c. Head Protection. Employees must wear helmets whenever there is a danger of injury from falling

objects. Protective helmets must meet all the requirements of ANSI Z89.1-2014. In using helmets,

employees must also consider electrical shock and burn hazards.

d. Eye and Face Protection. Eye and face protection must be meet all requirements in ANSI/ISEA

Z87.1-2020. Eye and face protection must be worn during grinding, chipping, buffing, chemical

handling, cutting, and other operations where steel, wood, or dust particles are likely to be

present.

e. Hand Protection. Gloves will be used as needed.

f. Clothing. Personal clothing must match working conditions and weather. Each person must wear

full-length trousers and a shirt that covers the shoulders while in work areas. Employees are encouraged

to wear clothing made of cotton or wool as opposed to synthetic fabrics because of the greater resistance

of natural fibers to fire, chemicals, etc.

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g. Hearing Protection. All employees in areas designated as having high noise levels must use

hearing protection.

h. Other Personal Protective Equipment. Employees must wear additional PPE whenever other

potential hazards exist.

16. Office Safety Rules. Office hazards include dangers from falls, floor surfaces, stairs, chairs, filing

cabinets, office equipment, sharp objects, and fires. Injury from these hazards may be prevented by

practicing the following safety measures.

a. Falls.

(1) Walk, never run.

(2) Don’t change direction suddenly or stop quickly.

(3) Use fitted footwear with slip-resistant heels and soles.

(4) Keep footwear in good repair.

(5) Carry loads of reasonable size so that your vision is not blocked.

(6) If a slipping or tripping hazard is observed, correct it immediately or mark it and notify

someone who can fix the problem.

(7) Keep aisles and walkways clear.

(8) Maintain good housekeeping. Good housekeeping is everyone’s job.

b. Stairs. The number one cause of stair accidents is distraction.

(1) Always use handrails.

(2) Take one step at a time.

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(3) When carrying materials, use an elevator if possible. If stairs must be used, have at

least one hand on the handrail.

(4) Try not to load both arms with materials.

(5) Never carry so much as to limit your vision.

(6) Do not congregate on stairs or landings or stand near doors at the head or foot of

stairways.

(7) Stay alert. Remain alert when using stairs. The risk of falling increases if employees

are talking, laughing, or turning to others while going up or down stairs.

c. Chairs. The proper technique is to look at the chair, grasp the chair arms or the seat with your

hand, and then lower self into the chair.

d. Filing Cabinets.

(1) Use the handle to close the file drawer and make sure fingers are not curled over the ledge.

(2) Keep all heavy materials in the bottom drawer and only open only one drawer at a time to

prevent the cabinet from toppling over.

(3) Wear rubber finger guards to avoid cut fingers from metal fasteners or paper edges.

(4) Supervisors should file rough metal edges or corners; cover the edges and corners with heavy

tape; and arrange the furniture so that corners are out of the traffic pattern.

(5) Always close file drawers before walking away from the cabinet.

e. Office Equipment.

(1) Avoid placing hands, loose clothing, or dangling objects near office equipment that can grab a

finger or a long strand of hair.

(2) Be alert for frayed wiring, especially near the flex point of the plug. Exposed wiring can

cause shock or start a fire. To reduce fraying and bending of wires:

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(a) Always grasp end plug to pull it out (never jerk the cord).

(b) Do not bend the cord sharply around an obstruction or put it in a travel path.

(3) Use three-prong plugs. A three-wire grounding system is a must to eliminate shock hazards.

Never use a “cheater” to put a three-prong plug into a two-prong receptacle.

(4) Be alert to potential electrical problems. If a tingling sensation is felt when touching a

machine or smoking or sparking is seen:

(a) Unplug the machine and report the problem to a supervisor; and

(b) Put a sign on the machine to indicate that it is out of order and dangerous.

(5) Turn off equipment when:

(a) Not in use.

(b) Making adjustments.

(c) Applying flammable materials.

(d) Left unattended (even for a little while).

f. Paper Cuts.

(1) Use finger guards to handle stacks of paper.

(2) Pick up a sheet of paper by the corner, not the sides.

(3) Use a letter opener to open envelopes or packages sealed with paper tape.

(4) Pull a file out of the drawer to use it. Don’t flip through the contents in the file cabinet.

g. Desk Drawers.

(1) Keep drawers tidy to avoid punctures from scissors or other hazards hidden under a pile of

papers.

(2) Keep razor blades, thumbtacks, and other sharp objects in a closed drawer.

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(3) Close drawers, doors, and safes with the handle – not with your hand over the top or over

around the edge. Using the handle is just as easy and saves a crushed hand.

(4) Watch out when reaching in a drawer for pencils, pens, or other items, to avoid punctures.

h. Pencil Storage. Keep pencils stored flat – not standing point up in a pocket or a pencil holder.

i.

Staple Removal. Remove staples with a staple remover, not your fingernail. Never test a

jammed stapler with your thumb.

j.

Broken Glass.

(1) Use a broom to pick up broken glass.

(2) Dispose of broken glass by wrapping it, marking it legibly, and putting it where a cleanup crew will see it (not in a wastebasket).

k. Light Bulbs. Hot light bulbs can reach temperatures over 400 degrees F. Wait for them to cool

before touching.

17. Eye Protection. Employees should take precautions and use PPE whenever there is a risk of eye

injury. Injury from hazards to the eyes may be prevented by practicing the following safety measures.

a. Pour fluids safely. Keep fluids from splashing and entering the eye by always pouring fluids

slowly and keeping them in tight containers.

b. Check hands. Do not rub eyes if any chemical is on hands. Irritation can result.

c. Be careful with pencils.

1. When reaching for an object, watch for pencils or edges of cabinets.

2. Do not carry pencils behind the ear.

3. When carrying pencils, keep the points down.

d. Have vision tested. Poor vision causes accidents. Have eyes examined for any of the following

symptoms:

(1) Material can be read only very close or at arm’s length.

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(2) Eyes hurt or are inflamed.

(3) Eyes tire quickly.

(4) Headaches frequently occur.

18. Fire Safety. Also see Subsection 8 (Fire Safety) to basic document (Occupational Safety and Health

Program Act).

a. Maintain a neat, orderly, and clean work area. Prevent rubbish and other combustible materials

from accumulating.

b. Eliminate electrical hazards. Replace damaged electrical cords and avoid overloaded circuits.

Do not use extension cords on a permanent basis.

c. Make sure all smoke detectors are operational.

d. Observe the “No Smoking” rules in all areas where it exists.

e. Keep combustible materials at least 18 inches away from appliances such as coffee makers, hot

plates, and space heaters.

f. Report any fire hazards that you cannot immediately correct.

g. Be familiar with emergency procedures in case of fire. Remember these rules:

(1) Know office/building exits to get out quickly if necessary.

(2) Turn on the fire alarm immediately upon discovering a fire.

(3) Know where the fire extinguishers and other fire-fighting equipment are located.

(4) Know how to operate the fire-fighting equipment.

(5) Know the kind of fire that each extinguisher is designed to combat.

h. All employees must also be trained and tested on the use of a portable fire extinguisher.

19. Administration and Enforcement. See Section 12 of the Occupational Safety and Health Program

Act.

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Legislative History:

12/06/01

01/09/02

05/20/02

09/29/22

12/06/22

Reviewed by Administration Committee.

Legislature posts for 45-day Public Review.

Enacted as General Safety (6 HCC § 8-1) by Legislative Resolution 5/20/02E.

Legislature posts for 45-Day Public Review.

Amended and Restated by Legislature Resolution 12-06-22E.

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