Code of Massachusetts Regulations
115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES
Title 115 CMR 7.00 - Standards For All Services And Supports
Section 7.06 - Standards for Safety
Universal Citation: 115 MA Code of Regs 115.7
Current through Register 1531, September 27, 2024
(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; and
2. 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); and
3.
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.
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