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What is NYC RCNY § 43.07?

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(a) Safety plan required. Every program subject to this Article must develop a written safety plan, which must be reviewed annually and updated in accordance with changed circumstances, conditions or activities.

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Effective: 7/12/2018Last amended: 1/25/2020

§ 43.07 Written Safety Plan.

RCNY § 43.07

(a)Safety plan required. Every program subject to this Article must develop a written safety plan, which must be reviewed annually and updated in accordance with changed circumstances, conditions or activities. The safety plan must be implemented by the person in charge of the program's associated school, used to train staff and volunteers, provided to parents on request, and kept in an accessible location at the school where it may be used by staff for reference and available for review by Department inspectors.

(b)Scope and content. The written safety plan shall establish policies and procedures for safe operation, including teaching and other staff duties, facility operation and maintenance, fire safety, general and activity-specific safety, emergency management, staff and child health and medical requirements, staff training and parent / child orientation. The written safety plan shall consist of, at a minimum, a table of contents and the following components: (1) Staff: organization chart, job descriptions, responsibilities and supervisory responsibilities.

(2)Program operation and maintenance: including, but not limited to: (A) schedules and designated staff for facility inspection, (B) cleaning and maintenance, (C) schedule for boiler/furnace and HVAC system maintenance, (D) maintenance of adequate water pressure, (E) protection of the potable water supply from submerged inlets and cross-connections in the plumbing system, (F) schedule for the annual lead paint survey, (G) inspection of window guards, (H) indoor and outdoor equipment inspection and replacement schedule, (I) evaluation of injury prevention procedures, (J) equipment and structures, (K) identification of procedures for transportation vehicle maintenance, (L) food protection procedures during receipt, (M) storage and preparation, (N) identity of individuals certified in food protection, and (O) schedule for sanitization procedures of food prep areas and identification of approved food sources.

(3)Fire safety: (A) evacuation of buildings and property, assembly, supervision, and accounting for children and staff; (B) fire prevention; (C) coordination with local fire officials; (D) fire alarm and detection systems and their operation, maintenance, and routine testing; (E) type, location and maintenance of fire extinguishers; (F) inspection and maintenance of exits; (G) required fire drills and log; and (H) electrical safety and (I) reporting to the Department within 24 hours any fire of which the Fire Department or other appropriate state or federal government entity is notified, or that damages any facilities, or is threatening to life or health.

(4)Health care plan: statement of policies and procedures to show how the health and medical requirements of this Code shall be implemented for maintaining children's medical histories; addressing individual children's restrictions on activities, policies for medication administration and special needs, if any; initial health screening for children and staff; daily health surveillance of children; procedures for providing basic first aid, handling and reporting medical emergencies and outbreaks; procedures for response to allegations of child abuse; identification of and provisions for medical, nursing and emergency medical services addressing special individual needs; names, qualifications and duties of staff certified in first aid and CPR; description of separation facilities, supervision and other procedures for ill children to be provided by the school until a parent arrives; storage of medications; location and use of first aid and CPR supplies; maintenance of a medical log; description of universal precautions for blood borne pathogens; reporting of child and staff illness and injuries; and sanitary practices.

(5)Corrective action plans: actions to be taken to protect children on receipt of reports of alleged and confirmed teaching and other staff criminal justice or child abuse histories, or where a failure to maintain adequate supervision results in a lost child incident.

(6)General and activity specific safety: description of child supervision, including arrangements for general supervision; supervision during and between on-site activities; recreational and trip supervision for specific outdoor and off-site activities; supervision during sleeping and rest hours; transportation; and in emergencies.

(7)Staff training: new employee orientation; training curricula; procedures for child supervision and discipline; child abuse and neglect recognition and reporting; provision of pediatric first aid and pediatric cardiopulmonary resuscitation, and other emergency medical assistance; emergency preparedness and response planning for emergencies resulting from natural disasters or a human-caused events, including procedures for evacuation, relocation, shelter-in-place and lockdown, staff and volunteer emergency preparedness training and practice drills, communication and reunification with families, continuity of operations, and accommodation of infants, toddlers, and children with disabilities or chronic medical conditions; prevention of and response to emergencies due to food and allergic reactions; prevention and control of infectious diseases (including immunization); reporting of child injury and illness; fire safety and fire drills; child and staff evacuation procedures; activity specific training for assigned activities; administration of medication, consistent with standards for parental consent; building and physical premises safety, including protection from hazards, bodies of water, and vehicular traffic; handling and storage of hazardous materials and appropriate disposal of biocontaminants; safe transportation of children if applicable; use of safe sleep practices and prevention of sudden infant death syndrome ("SIDS"); prevention of abusive head trauma ("shaken baby syndrome") and child maltreatment; and process to document attendance at staff training. The written safety plan must minimally provide for staff trainings in child abuse, infection and hazard control and emergency procedures as required by 24 RCNY Health Code § 43.14.

(8)Emergency evacuation: age-specific plans for removal of children from the premises for each shift and program where care is provided. Primary emphasis shall be placed on the immediate evacuation of children in premises which are not fireproof. Emergency evacuation procedures, implementing Fire Department recommendations, shall be posted in conspicuous places throughout the facility. The emergency evacuation plan shall include the following: (A) how children and staff will be made aware of the emergency; (B) primary and secondary routes of egress; (C) methods of evacuation, including where children and staff will meet after evacuating the building, and how attendance will be taken; (D) roles of the staff and chain of command; (E) notification of authorities and the children's parents.

(9)Parent / child orientation: orientation curriculum outline; tour of premises; reporting and management of illnesses, injuries and other incidents; evacuation plan; lost child plan; lightning plan; fire safety and fire drills; evacuation procedures; activity specific training for assigned activities; trips (if provided). (Amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 12/26/2019, eff. 1/25/2020)

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