2.2.3 Liability and Risk Management Program

2.2.3

(M M M) ~~Agency~~ Liability and Risk Management Program~~, Report Required~~

~~A written report is submitted whenever an employee is involved with an incident where there may be question as to agency liability.~~

A written directive establishes the agency’s liability and risk management program to include procedures for:

a.submission of a written report whenever an employee is involved in a work-related incident resulting or alleged to have resulted in property damage, injury or death;

b.notification of the agency CEO and other appropriate personnel of any work-related incident resulting or alleged to have resulted in serious injury or death;

c.notification of the agency CEO, or designee, of incidents where there may be a question as to the agency's liability or those which may result in heightened community interest;

d.an administrative review of each submitted employee work-related incident report;

e.an annual analysis of all work-related incidents, to be reviewed by the agency CEO, which must, at a minimum, include: date and time of incidents; types of incidents; trends and patterns relating to property damage or injury to any person including employees; trends and patterns relating to causal factors; review of risk reduction related policies, reporting procedures, and training programs; impact on policies, practices, equipment and training;

f.retention schedule for all work-related incident reports and related documents ; and,

g.a listing of initial risk reduction training to be provided to employees, and defines any in-service training requirements.

Commentary

An agency should carefully examine all incidents wherein its employees have allegedly performed in any manner that created an increased likeliness of death or injury to persons or significant loss of property. The intent of this standard is to ensure that each event is properly ~~documented~~ and proper action taken. Written procedures should state who was involved, what occurred, who was notified and when, and what has occurred since. These should include but not limited to failure to enter a call for response (Failure of Policy), entry of an incorrect address (Training Deficiency), Failure to dispatch (Inattention to Detail), equipment failure (Other), or inappropriate call handling.

The intent of this standard is to ensure incidents involving work-related liability, risk or loss are properly documented and reviewed to identify remediation measures reducing the risk of future injuries or liability.

A written report should be completed by involved employees as soon as possible following a work-related incident resulting in property damage, injury or death. Examples include, but are not limited to, motor vehicle crashes, accidents on agency property or while operating equipment, or incidents alleged to involve a failure of agency policy, equipment failure or inappropriate employee action.

The report should document all relevant data regarding the incident including, at a minimum, date and time of occurrence, location, type of incident or accident, identification of people involved, identification of known witnesses, description of injuries, medical aid or treatment provided, and work time lost. Photographs, recordings, related documents or subsequent investigation reports should also be collected and retained.

Procedures should be established to provide timely notification to the CEO and any other personnel of incidents involving serious injury or death, including the person or entity responsible for managing the agency’s liability protection program and/or legal counsel. All work-related incident reports and related documentation should be retained until expiration of the applicable statute of limitations as they may be necessary for future litigation.

An administrative review of work-related may reveal patterns or trends that indicate training needs, modifications, and/or the addition or deletion of applicable equipment. An annual analysis should provide the agency CEO with identified patterns or trends that could indicate training needs, equipment upgrades, and/or policy modifications.

Work-related safety and risk reduction training programs should be provided to employees as soon as possible upon hiring. Training topics may include general workplace safety training (evacuation procedures, ergonomics, proper lifting techniques, etc.) and specific topical training depending on employee classification (hazardous materials awareness, wellness programs, etc.). Time Sensitive Standard. (M M M)