The State of Utah mandates that all boiler and pressure vessel equipment are required to be inspected and issued a permit to operate once every two years. Our reinsurer, County Reinsurance Limited, has partnered with Hartford Steam Boiler to conduct these inspections for UCIP members at no cost to the member. Please click here for information on scheduling inspections.
In County of Los Angeles v. Mendez, the U.S. Supreme Court rejected the “provocation rule.” Under the provocation rule, police officers using otherwise reasonable force could still be liable for violating the Fourth Amendment if they committed a separate Fourth Amendment violation that led to the need to use force in the first place (“provoked” the need for force). The U.S. Supreme Court rejected the provocation rule, noting “its fundamental flaw is that it uses another constitutional violation to manufacture an excessive force claim where one would not otherwise exist.”
While conducting a search, Los Angeles County officers entered a shack where Angel Mendez was sleeping, without knocking or announcing the entry. Mendez picked up a BB gun to help him stand up. Officers shot him in the leg when they saw the gun. The Ninth Circuit concluded the use of force was reasonable, but officers were still liable by the provocation rule because they entered the shack without a warrant, in violation of the Fourth Amendment. In rejecting the Ninth Circuit’s decision, the U.S. Supreme Court established important support for law enforcement.
Great news for WCF Insurance policyholders! WCF has recently announced details regarding dividend amounts that will be distributed to their policyholders the fourth week of May. For additional information and to read WCF’s dividend announcement, please click here.
Thank you to all who joined us at our annual Risk Management Workshop in Heber City. For those who would like to revisit any workshop topic or for those who weren’t able to join us, we have included a workshop breakdown with video & PowerPoint from each presentation.
WEDNESDAY, AUGUST 30
Selling Risk—Top Down and Bottom Up: Dean Coughenour
Getting others to understand the importance of risk management is not always an easy task. Mr. Coughenour, a regular speaker for the Public Risk Managers Association will share his strategies to promote risk management to all levels of your agency’s management.
Drones—Privacy and Safety: Professor Randy Dryer
Drones continue to grow in popularity, as new uses for them are implemented every day. For the public agency risk manager, concerns regarding how the agency is using drones are compounded by the need to also address how others are using drones in public arena.
Cyber Risk Responsibilities: Sergeant Jeffrey Plank, Dean Sapp, Elaina Maragakis
In an increasingly technological world, digital threats are becoming more sophisticated and frequent. Managing this risk may be intimidating, yet it is absolutely essential to public safety and continued success. Professionals from the Salt Lake Chamber’s Cybersecurity Leadership Council will be sharing powerful, achievable solutions to help you make your agency cyber secure.
PowerPoint-Sergeant Jeffrey Plank (Available upon request)
Rise in ADA Non-Compliance Claims—How to Be Prepared: Kristin VanOrman
There is clearly a trend of increased claims for non-compliance with the Americans with Disabilities Act. Ms. VanOrman will discuss this trend, and the things your agency can do to be prepared for an ADA claim.
State Nepotism Laws and How to Handle the Exceptions: Susan Black Dunn and Lewis Black
While exceptions exist in the Prohibiting Employment of Relatives Act, special accommodations must be made when an employee is supervised by a relative. Ms. Dunn will review the Act and provide her thoughts on how to utilize the exceptions in the Act.
THURSDAY, AUGUST 31
Active Shooter: Sergeant Wyatt Weber
The Utah Department of Public Safety has been conducting training on preparedness for active shooter incident. Sergeant Weber will discuss the importance of active shooter training, what is involved in planning for an active shooter exercise, and the basics of how to react if you are caught up in an active shooter incident.
Effective Safety Training Techniques for the Trainer: Danielle Denne
Training is a crucial part of any agency’s risk management efforts. Some training must be tailored to your agency’s specific policies and procedures, which require you to occasionally develop your own training presentations. Ms. Denne will provide insight into how to develop and present an effective training session.
Promoting the Portal—Training for Officials and Employees: Tony Green
On-line training provides your agency a great way to train employees on a wide variety of topics, in a very flexible format, with solid documentation of the training completed. Mr. Green will review how to best utilize the on-line training option to supplement your overall training programs.
Email Access-Lewis Black Handout
Cybersecurity Trends & Priorities-Phil Bates
Fraud and Scams-David Damschen and John Dougall
Using Vendors-Ron Boyer
IT Policies-Don Wood
Data Storage-Darcy Goddard
Land Use-Wilf Sommerkorn 2017 Legislative Update-Wilf Sommerkorn
Legislation 2017-Darcy Goddard
Contracts-Dale Eyre and Bart Kunz Handout
Civil Claim Strategies-Blake Hamilton
Creating Entities-Johnnie Miller
Additional Insured Statues-Johnnie Miller
Generational Shifts and the Impact-Chris Redgrave (PowerPoint presentation not available)
Reviewing Performance-Rick Hughes Handout
Retention Strategies-Deb Alexander
Free Speech and Public Employees-Lucia Maloy
Due Process in Terminations-Kristin VanOrman
Coordinating Policies-Joe McKea and Kristin VanOrman (PowerPoint presentation not available)
Thank you to all who have played such an important role in the ongoing success of the Utah Counties Indemnity Pool.
New OSHA Anti-Discrimination Rule, can I still do post-accident drug testing?
Many counties have expressed concern with the impact of the new OSHA anti-discrimination rule, with some believing the rule makes post-accident drug screening and safety incentive programs illegal. While the rule does not prohibit these practices, it does limit the way they are done.
The rule clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries must be reasonable and not deter or discourage employees from reporting, and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries.
UCIP recommends to prepare for the new rule by amending your post-accident drug testing policy to require testing after an accident where the influence of drugs or alcohol could have been a cause, or contributed to, the accident. An employee who was rear-ended at a stop sign for instance, would not be subject to a post-accident drug test. We believe that post-accident testing where the influence of drugs or alcohol could have been a cause or contributing factor to an accident will still be an acceptable practice under the new rule. Of course, any post-accident drug testing required by other state or federal rules, such as DOT standards, is still required, and should not be affected by the new rule.
With regard to safety incentive programs, counties should review the basis for incentives to determine if the program will pass the new anti-discrimination rule. Programs that are based on the number of injuries reported will likely be found in violation of the new rule, as such a program may tend to keep employees from reporting legitimate work injuries. Programs that are based on performance standards such as employees attending training or audit results that show employees are following safety rules and standards should still be acceptable under the new rule.
The new recordkeeping rule went into effect August 10, 2016, but OSHA has postponed any enforcement of the rule to November 1, 2016 to allow OSHA time to provide additional guidance on the impact of the rule, specifically on post-accident drug testing and safety incentive programs. Counties will also need to ensure they are prepared to comply with new electronic submission of OSHA 300 logs beginning in 2017. More information on how the electronic submission process will work is expected from OSHA in the coming months.
For those with more questions you can find more information online at OSHA’s recordkeeping page: https://www.osha.gov/recordkeeping/.
UCIP members can also get more information by attending the WCF Customer Safety seminar, OSHA 300 Log: Understanding the Requirements, which will be offered on December 8, 2016. Register online at www.wcf.com.
Statistics show that October, November & December are the peak months for deer related auto accidents. In 2015, Utah Counties Indemnity Pool Members experienced 29 Animal vs. Vehicle accidents resulting in nearly $120,000 in Property Damage, Deductibles Paid & Medical Expenses. Please take a moment to review some basic tips on how to prevent & minimize the risk of hitting deer on the roadways as well as helpful steps to take if you’re involved in a deer/auto accident.
Thank you to all who joined us at our annual Risk Management Workshop in Bryce Canyon. For those who would like to revisit any workshop topic or for those who weren’t able to join us, we have included a workshop breakdown with video & power point slideshows from each presentation. We have also included a link to email the presenter with any questions regarding material they covered.
Doug Handy-Promoting a Risk Management Mindset
Johnnie Miller–Third Party Considerations
Joe McKea-Impact of New State and Federal Regulations
Korby Siggard-Lessons Learned from Loss
Johnnie Miller-Understanding the Risks of Different Employee Types
Tom Chism-The Chemistry of Stress and Success in the Workplace
Jeremiah Riley-Use and Regulation of Drones by Local Government Entities
There are many posters that are required by state or federal law to be posted at your place of business. The Utah Labor Commission requires that employers post two notices: 1) Workers Compensation and 2) Occupational Safety and Health.
Visit: Utah Labor Commission, to download and print the required posters.