Evaluation Tool: MHPs/RCAs Program STANDARD 1: Regulatory Foundation Ordinances November, 2011 Version Evaluation Criteria Comments Rating (0-2) O a. Has the Board passed ordinances referring to statutes and rules, as listed in the SCOPE of the Delegation Agreement? b. Have ordinances been revised as needed to be consistent with current statutes and rules? c. If applicable ordinances were changed since the previous program evaluation, were they were sent to MDH for review prior to their passage? d. Do ordinances define MHP/RCA license categories and inspection frequency according to rule? e. Do ordinances describe enforcement tools and procedures, and grant authority for enforcement? f. Do ordinances reference plan review requirements? g. (MDH only) Has MDH reviewed and responded in writing to its delegated partners regarding proposed ordinances or language changes to existing ordinances, within 30 days of receipt of those changes? Y Y Y Y Y Y Source Materials STANDARD 2: Trained Regulatory Staff Evaluation Criteria ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Comments YELLOW: Required Program Elements required by the Delegation Agreement 1 Rating (0-2) WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program 1. Inspection Staff 2. Agreements with Other Qualified Parties 3. Additional Training 4. Staffing Transition Plan November, 2011 Version O a. Does the Board employ qualified inspection staff as defined in the Delegation Agreement? b. Are any less qualified staff (as described in the Delegation Agreement) limited to performing inspections that are not mandated by the Delegation Agreement? If the Board has entered into agreements with other qualified persons to carry out its regular, delegated duties, did the Board obtain MDH’s written approval before entering into such an agreement? a. Describe the percentage of staff that have taken ICS classes (minimum of ICS 100 & 200.) b. Describe other training that staff have received (e.g., MNTrac courses completed). a. Does the Board have a written plan that is submitted annually to MDH, to assure adequate program coverage and to address staffing transition in the event of unexpected staffing changes? b. Has that written plan has worked effectively during staffing transitions within the evaluation period? c. Has the Board notified MDH within 10 business days of staff departures, when staffing is insufficient to perform the obligations of the Delegation Agreement? Y Y W W Y W Y Source Materials ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement 2 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program STANDARD 3: Risk-Based Inspection Program 1. Inspection Forms 2. Risk Assessment 3. Inspection Frequency 4. Written & Implemented Policies November, 2011 Version Evaluation Criteria Comments Y Do the Board’s inspection documents identify health and safety hazards and interventions? Are MHPs/RCAs are categorized as ‘Category A’ or ‘Category B’ in accordance with MN rules? Is the inspection frequency based on MN Rule 4630.2210 being met? a. Has the Board developed a documented procedure to address corrective action? b. Has the Board developed a documented procedure that requires discussion of options for long-term control of health and safety hazards? c. Has the Board developed a documented procedure that requires follow-up activities on health and safety violations? d. Has the Board developed a documented, implemented procedure on variance requests related to health and safety hazards, and interventions? e. Has the Board submitted to MDH any copies of variances granted, within 30 days of issuance? f. Does the Board’s inspection report indicate number and type of sites at each ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) Y O Y W Y Y Y Y YELLOW: Required Program Elements required by the Delegation Agreement 3 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program November, 2011 Version facility (e.g. – MHP; RCA dependent or independent)? Source Materials STANDARD 4: Uniform Inspection Program 1. Plan Review Evaluation Criteria Comments Y a. Does the Board conduct and adequately document plan review for each new construction, renovation, or conversion of licensed establishments, as required in Chapter 327.16-327.28? b. Does the Board license only those establishments for which plan review is complete and approved? c. Is documentation maintained in the Board’s files for: 1) all new sites added to MHP/RCA; 2) when sites are changed from dependent to independent, indicating zoning approval if needed; 3) when plans for new sites were submitted; 4) when storm shelters are added; 5) when plans were approved, new sites were inspected and approved, and other pertinent information? d. Does the Board maintain adequate documentation throughout the plan review process, in each MHP file, for storm shelter or evacuation plan as required by M.S. 327.20C, subd. 1? e. Is documentation maintained for water and sewer system approval as ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) Y Y W W YELLOW: Required Program Elements required by the Delegation Agreement 4 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program 2. Licensing & Data Management 3. Inspections & Written Reports November, 2011 Version reviewed by the appropriate authority? a. Is the Board required by policy to license establishments on an annual basis? b. Does the Board maintain a current list of establishments (including establishment name, address and risk category)? a. Are inspections conducted by qualified inspection staff, as described in the Delegation Agreement? b. Does the Board incorporate education into the inspection process? c. Are written reports complete and accurate, and do they describe compliance activities? d. Are statutes, rules and ordinances interpreted accurately and consistently? Y Y O Y Y Y Source Materials STANDARD 5: Illness & Injury Investigation & Response 1. Protocol for Investigating Complaints 2. Complaints Evaluation Criteria Comments Y Does the Board utilize a procedure to investigate, respond to, and document MHP/RCA complaints or injury? a. Does the Board maintain a log or database for all complaints alleging injury, or health and safety hazards? b. Does the Board follow-up on all injury, or health and safety hazard complaints within one business day? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) W W YELLOW: Required Program Elements required by the Delegation Agreement 5 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program 3. Program Coverage November, 2011 Version W c. Are investigation reports filed or linked to the records of the establishment? d. (MDH only) Does MDH refer to its delegated partners any complaints that MDH receives concerning matters under their jurisdiction? Does the Board have qualified staff available for emergency coverage on a 24-hour a day basis and have they provided an after-hours contact number to MDH? Y Y Source Materials STANDARD 6: Compliance & Enforcement Compliance & Enforcement Evaluation Criteria Comments Rating (0-2) O a. Does the Board identify and document violations according to statute, rule and ordinance? b. Does the Board address the identified risk factors and health and safety hazards by: (1) following up or using appropriate enforcement tools, including revocation or suspension, and (2) by maintaining adequate documentation throughout the enforcement process? c. Does the Board resolve identified violations within a reasonable time? d. Does the Board maintain records according to its records retention policy? O Y Y Source Materials ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement 6 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program STANDARD 7: Industry & Community Relations 1. Work Groups 2. Educational Outreach November, 2011 Version Evaluation Criteria Comments Rating (0-2) Y Does the Board participate in workgroups, advisory boards, task forces or committees that work to identify, correct, and prevent risk factors and health and safety hazards in licensed establishments? a. Does the Board lead or participate in activities that increase awareness of risk factors, health and safety hazards, and control methods to prevent illness or injury? b. (MDH only) Has MDH been available to advise its delegated partners regarding issues covered under the Delegation Agreement. W Y Source Materials STANDARD 8: Program Resources 1. Inspection Ratio (sufficient staffing) Evaluation Criteria Comments W a. Describe the current ratio of qualified inspection staff to the number of licensed establishments. b. (MDH only) Does MDH evaluate its delegated partners’ compliance with the Delegation Agreement to ensure that their programs are adequate to assure compliance by regulated parties to ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement Rating (0-2) Y YELLOW: Required Program Elements required by the Delegation Agreement 7 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions Evaluation Tool: MHPs/RCAs Program 2. Inspection Equipment 3. Funding 4. Data Sharing 5. Professional Development 6. Staff Safety November, 2011 Version requirements in statutes and rules? Does the Board provide the appropriate inspection equipment to its qualified inspection staff? Describe the source(s) of funding for this program. (Fees, General Fund, etc.) Does the Board maintain all licensing and inspection information in an electronic format and make it available to MDH upon request? Is funding provided for staff training, conference attendance, and other professional development activities? Does the Board provide staff with appropriate safety training and equipment? W Y W W Source Materials ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement 8 WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions