Current through Register 1533, October 25, 2024
Section 7.06 - Standards for Safety(1)Search Plan.(a) All providers shall prepare, file with the area office update as often as necessary, and have available at each location where supports and services are provided, a plan for searching for each individual served by the provider when the individual is missing and:1. remains unaccounted for after informal attempts to locate him or her have been ineffective; and2. is deemed to be in a position of unreasonable risk if alone for an extended period of time.(b) All providers shall maintain a completed and updated "Emergency Fact Sheet" for each individual which shall be immediately accessible to staff, filed with the area office, and shall include the information required by 115 CMR 4.03(4): Emergency Information.(c) The provider shall immediately notify the individual's family, guardian, service coordinator, and area office director of the initiation of search procedures for an individual.(d) The provider shall notify local and state police and local hospitals as appropriate.(2)Individual Safety Assessment. (a) All providers shall assure that individual safety assessments are conducted and that strategies are developed for meeting the specific and unique safety needs of each individual. Individual safety assessments shall be conducted as part of the individual's ISP.(b) The ISP and safety strategies shall be revised when the individual's health, mobility or other capabilities affecting safety and evacuation change.(c) Safety strategies may include modification to the location where services are provided, other environmental modifications and use of assistive technology, staff supports, staff training focused on the individual's needs, and education of the individual to assure optimal understanding and independence regarding safety precautions and procedures.(3)Safety Plan.(a) All providers, except for providers of individualized home supports of less than 15 hours per week and providers of individualized home supports or respite in a family home, shall prepare and file with the area office a written safety plan assuring the safety of individuals in the event of a disaster, such as fire, explosion, loss of heat or electricity, interior flooding, or any other circumstances requiring emergency evacuation. Safety plans must be specific to and must be on hand at each site where supports and services are provided and must be easily accessible to all staff and others who provide supports and services to the individual.(b) The safety plan shall include at least the following: 1. Safety strategies for each individual as outlined by the individual safety assessment required in 115 CMR 7.06(2).2. An assessment of how group interaction may affect the needs of the individuals during a fire or other emergency.3. Evidence of compliance with environmental standards pursuant to 115 CMR 7.07.4. Use of assistive technology, if appropriate.5. Sufficient numbers of trained staff to effectively implement the procedures in the safety plan.6. Procedures for the safe evacuation of individuals:a. For sites where residential supports and 24 hour site based respite supports are provided, safe evacuation is defined as assuring that all individuals can get out of the home in 21/2 minutes, with or without assistance, without reliance on staff who have evacuated to return to provide assistance, and in accordance with professionally accepted fire safety evacuation procedures. For sites where employment supports or day supports are provided, safe evacuation is defined as assuring that individuals can evacuate in a safe, orderly and timely manner, with staff assigned to individuals needing assistance.b. For any individual who needs assistance to evacuate, an evacuation plan specific to the individual is required.7.Fire Drills.a. Providers of residential supports except placement services shall conduct quarterly fire drills and maintain records of evacuation times, types of assistance, if needed, and assessments of individual and staff performance. At least two drills per year shall be conducted in the nighttime when individuals are in bed and asleep.b. Providers of employment supports or day supports shall conduct two fire drills annually, with records of evacuation times and type of assistance needed, if any, and assessments of individual and staff performance.c. A provider shall not deviate in any respect from the foregoing minimum requirements for fire drills unless it has provided alternative assurances in the provider safety plan submitted to and approved by the area director.d. Records documenting the results of the required fire drills shall be submitted to the area office at the time safety plans are re-filed pursuant to 115 CMR 7.06(3)(e).8. Methods to notify fire, police, and hospital facilities for assistance; on-call administrative staff; and families/guardians. The area director shall be notified as soon as possible, and in any event, within 12 hours.9. Provision for transportation and immediate temporary resettlement of individuals and staff in another specified location.10. Provision for the continuity of appropriate supports and services within the first 24 through 48 hours of an emergency pending arrangements with the Department for return to the original site or occupancy in other locations.(c)Assurances. The safety plan shall include assurances signed by the head of the provider that the plan:1. will be implemented as written and approved;2. is designed to assure the safety of individuals in the event of a fire or other emergency as defined in 115 CMR 7.06(3); and3. will be periodically evaluated for effectiveness.(d)Initial Filing. For new supports and services, an initial safety plan is required prior to occupancy of a site and must be modified as the needs of individuals and group interactions are better known, but within 60 days of initial filing.(e)Refiling. The safety plan shall be updated and refiled with the area office no less than every two years if no changes have occurred that warrant refiling during the two year period. A revised safety plan shall be refiled within 60 days after a change in any of the following:1. the provider of services at a particular site;2. the types of supports and services provided at the site;3. the location where supports and services are provided;4. the individuals' ability to evacuate;5. the individuals living in the home;6. the individuals served where employment supports or day supports are provided, such that the change necessitates revision to the safety plan;7. the effectiveness of the plan, as determined by the Department.(f)Approval. The safety plan shall be reviewed and approved by the area director or designee within ten working days for all sites where the services and supports are funded or provided by the Department. For licensed sites where the services and supports are not funded by the Department, safety plans shall be filed with the area office, but need not be approved by the area director.Amended by Mass Register Issue 1317, eff. 7/15/2016.