Ohio Admin. Code 4501:5-1-01

Current through all regulations passed and filed through October 28, 2024

Section 4501:5-1-01 - Requirements for the emergency management plan and test

The purpose of this rule is to define the requirements, content, and format of emergency management plan and the emergency management test as required by section 5502.262 of the Revised Code.

(A) Definitions.

(1) "Hazard Identification and Risk Analysis" means the process to identify hazards and assess the vulnerability associated with each.

(2) "Full-Scale Exercise" means exercises that are typically the most complex and resource-intensive type of exercise. They involve multiple agencies, organizations, and jurisdictions and validate many facets of preparedness. Full scale exercises often include many players operating under cooperative systems such as the "Incident Command System" or "Unified Command." Individual school buildings can participate in a district-wide full-scale exercise in order to complete a full-scale exercise but they must submit their own after-action report.

(3) "Incident Command System" (ICS) is a standardized on-scene emergency management construct specifically designed to provide an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. The incident command system is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. ICS is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field-level incident management operations.

(4) "Unified Command" is used in incidents involving multiple jurisdictions, a single jurisdiction with multi agency involvement, or multiple jurisdictions with multi agency involvement. Unified command allows agencies with different legal, geographic, and functional authorities and responsibilities to work together effectively without affecting individual agency authority, responsibility, or accountability.

(5) "Functional Content Area" are the procedures and protocols used to respond to a variety of hazards that can be found in the emergency operations plan.

(6) "Functional Exercise" are those exercises designed to validate and evaluate capabilities, multiple functions and/or sub-functions, or interdependent groups of functions. Functional exercises are typically focused on exercising plans, policies, procedures, and staff members involved in management, direction, command, and control functions. In functional exercises, events are projected through an exercise scenario with event updates that drive activity at the management level. A functional exercise is conducted in a realistic, real- time environment; however, movement of personnel and equipment is usually simulated.

(7) Tabletop Exercise" means an exercise that is typically held in an informal setting intended to generate discussion of various issues regarding a hypothetical, simulated emergency. Tabletop exercises can be used to enhance general awareness, validate plans and procedures, rehearse concepts, and/or assess the types of systems needed to guide the prevention of, protection from, mitigation of, response to, and recovery from a defined incident. Generally, tabletop exercises are aimed at facilitating conceptual understanding, identifying strengths and areas for improvement, and/or achieving changes in attitudes. Tabletop exercises may be conducted virtually.

(8) "School safety and security contact" means the individual responsible for school based concerns related to safety, security and emergency management.

(9) "Mental health provider" means a state licensed school counselor, school psychologist, school social worker and community based mental health provider.

(10) "Trauma" means an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or life threatening and that has lasting adverse effects on the individual's functioning and mental, physical, social, emotional, and/or spiritual well-being.

(11) "Trauma Informed Care" means infusing and sustaining trauma awareness, knowledge, skills and appropriate response into the organization's culture, practices, and policies.

(12) "Community law enforcement and safety officials" means law enforcement, fire, emergency medical personnel, mental health providers, local public health departments, school safety and security contacts, and any local divisions having county wide emergency management.

(B) The emergency management plan and information required pursuant to division (B)(2) of section 5502.262 of the Revised Code shall be submitted on standardized forms developed and made available by the department of public safety. Each comprehensive emergency management plan consists of six parts, including:

(1) The emergency operations plan shall consist of a single document to address all-hazards that may negatively impact the school; including but not limited to active shooter, hostage, bomb threat, act of terrorism, infectious diseases or pandemic, severe weather, bullying, threats of violence or threats to life, and any other natural, technological, or human-caused events that the administrator knew or should have reasonably known about that compromise the health or safety of students, employees, administrators, or property. A hazard identification and risk analysis shall be included.

(a) The plan shall be an all-hazards emergency operations plan organized around five mission areas: prevention, protection, mitigation, response, and recovery. The plan should be consistent with "National Incident Management System" (NIMS) principles pursuant to division (C) of section 5502.28 of the Revised Code;

(b) The plan shall incorporate the access and functional needs of the students, teachers, and staff;

(c) The plan shall incorporate education for students, staff, and administrators to avoid, deter, or stop an imminent crime or safety issue, threatened or actual;

(d) The plan may include use of temporary door locking devices, when approved by the building official and noted on the certificate of occupancy only in school buildings where the requirements of section 1008.1.9.11 of the NIMS are met and as outlined in rule 4101:1-10-01 of the Administrative Code;

(e) The plan shall be updated and revised at least every three years from the previous date of compliance to reflect lessons learned and best practices to continually improve the plan. The areas of improvement identified in the emergency management test and actual emergencies at the school buildings will be a source for lessons learned;

(f) The plan shall include procedures for notifying law enforcement, fire, EMS, emergency management, mental health, public health officials, and other outside experts who could assist in responding to and recovering from an emergency;

(g) In addition to the notification requirements of division (B)(3) section 5502.262 of the Revised Code, any student and their parent or legal guardian enrolled in the school after the annual notification, shall be notified upon enrollment; and

(h) Section 5502.263 of the Revised Code requires a threat assessment plan that may be used in a building's emergency management plan developed under section 5502.262 of the Revised Code.

(2) A floor plan that is unique to each floor of the building as outlined in rule 1301:7-7-04 of the Administrative Code;

(3) A site-plan that includes all building property and surrounding property;

(4) An emergency contact information sheet;

(5) Stakeholder signatures as defined in paragraph (C) of this rule; and

(6) Section 3313.669 of the Revised Code requires proof of completion of an approved threat assessment training program to be submitted for each team member in the building's emergency management plan.

(C) Stakeholder community engagement.

(1) In developing the emergency management plan for each building, the administrator shall involve stakeholders pursuant to division (B)(1) of section 5502.262 of the Revised Code. Stakeholders are defined as:

(a) Community law enforcement and safety officials as defined in paragraph (A)(12) of this rule;

(b) Parents or legal guardians of students who are assigned to the building;

(c) Teachers who are assigned to the building; and

(d) Non-teaching employees who are assigned to the building.

(2) The emergency management plan shall contain the name, title (if applicable), contact information, and signature of each stakeholder as identified in paragraph (C)(1) of this rule.

(3) The signature ensures the stakeholder was offered an opportunity to provide feedback; it does not mean or require the stakeholder to approve the school's plan.

(D) Annual review of emergency management plan.

(1) Each administrator must certify that the plan, emergency contact information sheet, floor plan, and site plan are current and accurate pursuant to division (D)(1) of section 5502.262 of the Revised Code.

(2) This certification is to be done in the school safety plan portal between January first and September first of each year.

(E) Emergency management tests.

(1) The information on the emergency management test pursuant to division (E)(1) of section 5502.262 of the Revised Code shall be submitted on standardized forms developed and made available by the department of public safety.

(2) In addition to the required emergency evacuation drills outlined in rule 1301:7-7-04 of the Administrative Code, administrators shall prepare and conduct at least one emergency management test each year during the three year annual review cycle as defined in division (A)(2) of section 5502.262 of the Revised Code. Emergency management tests must meet the following requirements:

(a) Be a scheduled event at least two of the years; one actual emergency may be used during the three year plan cycle if an after action report is produced with the involvement of stakeholders pursuant to paragraph (E)(2)(e) of this rule;

(b) The type of test shall be a tabletop, functional, or full-scale, each type being used once every three years;

(c) The test shall include at least one hazard from the hazard analysis identified in the emergency operations plan, as required in paragraph (B)(1) of this rule;

(d) The test shall include at least one functional content area; and

(e) The test should include at least one representative from law enforcement, fire, EMA, EMS, and a mental health provider and public health official.

(3) Student participation in the emergency management test is not mandatory. Emergency management tests with student inclusion are at the discretion of the building administrator. Administrators should consider what benefit student inclusion in the emergency management test may have on the student population in preparation for an emergency and to enhance the safety of students in the building. Schools should obtain parental consent if students are to be included in the emergency management test. Schools should also consider age appropriate participation, guidance, trauma informed best practice, and training in preparation for participation in the test.

(4) Administrators shall submit an after action report to the Ohio department of public safety no later than thirty days after the exercise documenting the following:

(a) Date/time/weather/length/ of exercise;

(b) Identify discussion/operations based exercise;

(c) Scenario utilized;

(d) Hazard(s) utilized; safety data sheets, as appropriate, shall be provided;

(e) Functional content area(s) utilized; and

(f) Identify at least three strengths and at least three improvement areas of the Plan discovered as a result of the emergency management test.

Ohio Admin. Code 4501:5-1-01

Effective: 9/1/2024
Five Year Review (FYR) Dates: 7/1/2027
Promulgated Under: 119.03
Statutory Authority: 5502.262
Rule Amplifies: 5502.262, 5502.263, 3313.669
Prior Effective Dates: 12/25/2014, 11/17/2017, 08/05/2022