“SOCCCD Road Tour” Risk Management SOCCCD Presentation for “Road Tour” Dr. Debra L. Fitzsimons & Maureen Oliver October 21& 22, 2015 Page 1 of 31
Risk Management Contacts • Maureen Oliver -Acting Risk Manager, moliver@socccd.edu or 949-348-6043 • Megan Carr- Risk Management Project Specialist mcarr@socccd.edu 949-348-6068 • You can also contact the Risk Management Department at riskmanagement@socccd.edu for any questions or concerns. Page 2 of 31
What is Risk Management? • Worker’s Compensation • General Liability • Safety • Ergonomics • Insurance • Forms and Procedures Here are a few case studies to show why and how Risk Management comes into play: Page 3 of 31
Case #1 Negligent Supervision • Plaintiff was a student in the District’s Suspension and Alignment class (auto program) • Co-defendant student improperly installed brakes on his car, and upon backing the car, struck the plaintiff pedestrian • The plaintiff sustained a non displaced fractured tibia to his left leg • The plaintiff alleges: Total Incurred: $103,000 o District and the class instructor were negligent in providing proper supervision and instruction (instructor not near activity) o Classmate driver was negligent in his operation of the car Page 4 of 31
Best Practices -Case #1 Faculty Supervision and Instruction • Instructional Courses should be reviewed for liability/risks to students • They can hold significant sources of liability exposure • Examine courses that may involve high risk activities -both on campus (in classroom or lab) activities, extracurricular, or field trips, excursions • Once risky activities are identified, develop solutions to control risks o Instructor review and approval of finished student work project o Clearly marked auto testing area o Supervision by faculty member during activities o Proper instruction to students on safety measures o Safety measures included in syllabus Page 5 of 31
Case #2 – “Peculiar Risk” Situation Premises Liability / Dangerous Condition • District offers class at one of the colleges to local law enforcement officials • Class involves the use of explosives • An independent contractor conducts the class • No liability forms were filled out by participants • Plaintiff participates in a “door breaching” exercise Total Cost $ 180,345 • Plaintiff sustains permanent injury – loss of eye Page 6 of 31
Peculiar Risk-Case #2 Non-delegable duty when Peculiar Risk • Peculiar Risk is strictly unique to the activity • Use of explosives is a Peculiar Risk • Privette (1993) vicarious liability if Peculiar Risk involved. The • district can be held liable due to peculiar risk activity and must take steps to reduce that risk. Contractor policy excluded use of explosives • The responsible department did not ensure that contract with • the contractor was renewed and executed by district prior to the activity occurring Previous contract with the vendor had expired • Page 7 of 31
Best Practices - Case#2 • Full understanding of curricula, related operation and exercises/activities are needed by instructional administrators and managers • Take steps to protect the college and district (Including our students) • Determine what types of risky activities you truly want to do and not do • Contracts need to be reviewed and executed by appropriate parties prior to activities taking place • Certificate of Insurance (COI) with additionally insured endorsement Page 8 of 31
Best Practices - Case#2 • For unusual risks , obtain contractor’s specimen policy for review by the district insurance carrier • All items with unusual risks need approval by vice chancellor of business services who will work with college presidents and appropriate college personnel • Do not use contractors that do not have coverage for unusual risks Page 9 of 31
Transfer of Risk Case #3 - “Shoddy” Execution of Agreement • College grant project requires property to be moved and stored off site • A college person, not designated to enter into agreements, signs a rental agreement with moving/storage company • Agreement not reviewed by proper parties • College fails to provide value of property and select amount Claim Value = $50,000 of coverage for property • Loss occurs and district/dept. unable to recover any damages Page 10 of 31
Best Practices – Case #3 • Choosing to utilize a third party for moving and storage, excellent risk management technique • Fine print overlooked • Customary language used by this type of firm to minimize exposure • Make sure to follow proper contract procedures for review and approvals Page 11 of 31
Procedure Overview Contracts and Agreements SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT Beware of: STUDY ABROAD PROGRAM TOUR PARTICIPANT AGREEMENT This Study Abroad Program Tour Participant Agreement (“Agreement”) is entered into by (“District”) and and between South Orange County Community College District ___________________________________________ (“Student”), concerning Student’s participation One-sided indemnification language in the International Education program (“Prog r am”), held in conjunction with _______________________________________________ during _______________________. District and Student are individually referred to as “Party” and collectively referred to as the Accepting and indemnifying vendor’s exposure “Parties” for purposes of this agreement. WHEREAS, District has given permission for Student to participate in the Program; and “indemnify for all acts against vendor” WHEREAS, Student acknowledges, warrants, and represents that Student has received, has fully read, and completely understands the information provided by District in the Program packet and the practice information booklet, and that Student has been fully advised as to the cultural, Limits of liability language safety, and health issues and problems presented thereby, and numerous potential problems and dangers of the Program; and Limit of vendor’s liability equals value of the WHEREAS, Student wishes to participate in the Program; and WHEREAS, Student and District intend to be legally bound by the terms of this Agreement work/project including Student’s releases, assumption of the risks, and indemnity of District. in consideration of the permission granted by District to Student to participate in the Program; DISTRICT AND STUDENT AGREE AS FOLLOWS: Missing additionally insured endorsements RELEASE 1. Student hereby releases, discharges, and agrees to hold harmless District, and each of its trustees, agents, employees, representatives and volunteers, from any and all liability arising out of or Expired vendor certificates of insurance policies in connection with Student’s participation in the Program. For purposes of this release, “liability” means all claims, demands, losses, causes of action, suits, or judgments of any kind that Student or Student’s heirs, executors, administrators, and assi gns may have against District, and any of its trustees, agents, employees, representatives, and volunteers, because of failure to pass any course or obtain any particular grades, personal injury, accident, illness, or death, or because of any loss of, or damage to, property that occurs to any person including Student during the Program, and that results from any cause, including but not limited to passive or active negligence or other acts, other than fraud or willful misconduct, or violation of the law, of District or its trustees, agents, employees, representatives, or volunteers. Opportunity to appropriately transfer risk Student Initials 2. Notwithstanding any insurance coverage which may be in effect and in addition to any so department not at risk / liability additional undertakings referred to herein, Student, to the extent allowed by law, shall defend, indemnify and hold District, and each of its trustees, agents, employees, representatives, and volunteers free and harmless from and against any and all liability, claims, losses, expenses, judgments, or demands, including the obligations of District, and each of their trustees, agents, employees, representatives, and volunteers, on account of any similar agreement the District, or its Page 12 of 31
Procedure Overview Contracts and Agreements Make sure valid contract is in place to protect department before event, activity, service being performed Use district drafted contracts rather than vendor drafted Use contract templates on the Contracts SharePoint Work with VC Fitzsimons’ office or Exec Director D’Lena for unique contracts Don’t sign your own contracts please!!! Contracts require board approval and/or ratification Page 13 of 31
Case # 4 - Premises Liability/ Dangerous Condition • On the college campus, a student trips and falls on raised threshold board (considered beyond trivial defect) • The threshold problem was reported by the biology dept. • District (i.e., college maintenance department) aware of condition but failed to repair • A maintenance employee had inspected site prior to incident and did not notice condition • The maintenance dept. failed to document his inspection • Student sustained permanent injury Total Incurred = $256,000 • Review insurance protections offered by contractors to ensure Page 14 of 31 the most beneficial protection is selected.
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