January 2016 - Issue 47

Cal/OSHA Reporting Requirements

2016 Risk Managers Roundtables

2016 Training Academy Schedule

Law Enforcement Must Report Details on Shootings and Uses of Force Under New California Law

No Liability for Death on Bikeway—Court of Appeal

Poms & Associates

News: Worthy

Cal/OSHA Reporting Requirements

By Jim Gross, Senior Risk Manager

Employers must record all work-related injuries and illnesses on Cal/OSHA Form 300 during each calendar year unless exempted. A work-related injury or illness must be recorded if it results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness or a significant illness or injury as diagnosed by a physician or other licensed health professional. Employers must record any new incidents and incidents that aggravate a prior injury. Employers must also record work-related injuries and illnesses that meet any of the specific recording criteria.

Employers with 10 or fewer employees at all times during the year are exempt from complying with the Cal/OSHA injury and illness record keeping requirements unless specifically requested by the California Division of Occupational Safety and Health (DOSH) to do so. Employers in retail, service, finance, insurance and real estate industries (low-hazard Standard Industrial Classification categories) are also exempt from the record keeping requirements.

All employers must file reports of occupational injuries and illnesses with the Director's Office of Policy, Research and Legislation and immediately report to the DOSH any workplace incident that results in serious injury or illness or death.

If employers have a privacy concern case, they may not enter the employee’s name on Form 300. Instead, they should enter “Privacy Case” in the space reserved for the employee’s name. Privacy concern cases are defined as an injury or illness to an intimate body part or the reproductive system; an injury or illness resulting from a sexual assault; mental illnesses; HIV infection, hepatitis or tuberculosis; needle stick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material; and other illnesses.

Employees, former employees, and their representatives have the right to review Form 300. Prior to releasing data, employers must delete all personally identifying information. However, employers may release personal data to a consultant hired to evaluate their safety and health programs, as necessary for processing workers’ compensation benefits or to public health and law enforcement agencies, except where Health Insurance Portability and Accountability Act (HIPAA) privacy regulations are potentially violated.

Additionally, at the end of the year, all employers must complete Cal/OSHA’s Form 300A, the Annual Summary of Work-Related Injuries and Illnesses, even if no work-related injuries or illnesses occurred during the year. California law requires employers to post the Annual Summary from Feb. 1 to April 30 of the year following the year covered by the report. It must be displayed in a conspicuous location where notices to employees are regularly posted. A company executive must certify that he or she has examined the Cal/OSHA Form 300A and reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the Annual Summary is correct and complete.

A copy of the Annual Summary must also be made available to employees who do not report to any fixed establishment on a regular basis. At the end of the three-month posting period, the Annual Summary should be kept on file for five years. If any newly discovered, recordable incidents or changes in classification are noted, the log should be updated.

Last, employers must complete a Cal/OSHA Injury and Illness Incident Report (Form 301), or its equivalent, within seven calendar days after receiving notice that a work-related accident or illness has occurred. Form 301 must be kept on file for five years from the date of the incident. 

News: Worthy

2016 Risk Managers Roundtables     

By Roy Angel, Senior Risk Manager

The Authority presents quarterly roundtables on various topics related to risk management. These roundtables are opportunities for member risk managers to hear on timely and relevant topics, and also provide for open roundtable discussion and dialogue on emergent member issues. In keeping with this stated purpose, the Authority is pleased announce the following Risk Managers Roundtable topics for 2016:

March —“Working With the Media” 
May—“Developing a Safety Culture”
August—“Property Insurance”
November—“Managing Technological Risks”

Risk Managers Roundtables are presented in three locations—at the Authority campus in La Palma, in the Inland Empire, and in the Central Coast.  The format consists of a
45-minute presentation by a subject-matter expert followed by a roundtable discussion facilitated by a Regional Risk Manager from the Authority.  The total time commitment is generally two hours, and lunch is provided by the Authority.  This format provides an excellent opportunity for members to converse about topics relevant to your agencies.  It also allows for networking with your peers and providing additional sources to draw from. 

Risk Manager Roundtables are open to any member agency staff member who feels the topic is relevant to them.  As the roundtable date draws closer, registration will be made available through the Authority website at myJPIA.org.

If you have questions about the Risk Manager Roundtables, please contact your Regional Risk Manager.   

News: Worthy

2016 Training Academy Schedule

By Michelle Aguayo, Training Coordinator

The Authority has long provided training to members as a way to support professional training and development, and believes training plays an important role in supporting risk management and good governance of members.

The Authority’s academies are training seminars that primarily focus on a specific public sector discipline. Each are a multi-day training that presents essential theories and techniques in order to provide pragmatic solutions to solving every-day problems. Academies are designed to expand the abilities of managers, supervisors, and leaders in areas including delegating, motivating, organizing, and working under pressure. Attendees will learn how to apply these skills which will enable them to meet the daily demands of their agency while exhibiting ethical standards among employees and citizens.  Following is a 2016 schedule of the Authority’s academies:

Parks and Recreation Academy
February 9 – 11, 2016, Huntington Beach
The Parks and Recreation Academy is designed to address the challenges and responsibilities of managers and supervisors and provide them with knowledge, techniques and solutions. With best practices in mind, the Academy proposes strategies for developing new programs, evaluating existing programs, writing grants, considering ADA requirements, staffing, and providing safe environments in parks and aquatic centers.  Additional topics include guidelines for writing and signing contracts, joint use agreements, and overseeing special events. In an interactive environment, participants discuss the risks and hazards unique to parks and recreation, and explore innovative, effective and creative answers to their questions. In an interactive environment, participants discuss the risks and hazards unique to parks and recreation, and explore innovative, effective, and creative answers to their questions.

The cost to attend the Academy is $375 for members ($175 without hotel accommodations). This fee also includes breakfast, lunch, and all training materials.

Management Academy
April 25 – 28, 2016, Westlake Village
September 26 – 29, 2016, Indian Wells
Designed for the entry-level manager and supervisors, the Management Academy presents participants with unique approaches to help improve the performance, motivation, and commitment of employees in an ever more complex and regulated employment environment. Attendees explore their role as a manager or supervisor; understand how values and ethics impact decisions; are shown a decision-making process appropriate for public-sector managers; discuss techniques to provide orientation, training and delegation; learn the four elements of effective performance appraisals; and engage in role-play reinforcement. Using the Job/Person/Environment Assessment, attendees are presented with the opportunity to explore their perceptions about the behavioral requirements of their jobs, their preferred behavior patterns, and their perceptions about their work environment. Forrest Story, principal consultant for Public Sector Excellence, and John Perry, President of Human Productivity Systems, will facilitate both three-and-a-half-day academies.

There are two options in which to attend the Management Academy.  The first opportunity is April 25 – 28, 2016 in Westlake Village and the other is September 26 – 29, 2016 in Indian Wells.  Registration is limited to 40 participants. The cost to attend the Academy is $375 for members/$775 for nonmembers and includes three hotel nights, breakfast and lunch, and materials.

Public Works Academy
June 7 – 9, 2016, Huntington Beach
Geared for experienced public works supervisors and managers, the Public Works Academy emphasizes best practices needed to effectively manage public works risk exposures.  Public works has some of the largest exposures to the agency.  Due to that fact, the Authority has created an all-new approach to this Academy by offering three full days of training that that helps the seasoned supervisor and manager with the tools necessary to mitigate losses within their division. The topics covered in the Academy include: Risk Management for Public Works, Workers Compensation, Intro to Cal-OSHA, Investigating Claims and Preserving Evidence, Conducting Risk Reviews, Contractual Risk Transfer, Traffic Control for Construction Zones, Design Immunity, Dangerous Conditions, Unwarranted Traffic Control Devices, and Public Works Exposures and Lessons Learned.

Registration is free of charge for members, and includes three nights at the hotel, breakfast, lunch, and all training materials.  For the hotel stay, check-in is June 6, 2016.

For more information or to register for an Academy, please visit the Authority’s website and go to the myJPIA login page.  You may also contact Michelle Aguayo, Training Coordinator.  All hotel reservations are made through the Authority’s Training Coordinator.

Legislative Update

Law Enforcement Must Report Details on Shootings and Uses of Force Under New California Law

By Alex Mellor, Risk Manager

(Reprinted from the Los Angeles Times, December 31, 2015)
As of New Year's Day, California law enforcement agencies must collect and report information on all police shootings and other serious uses of force.
A new law launches the first statewide collection of such data, providing the state Department of Justice information on all cases in which people are killed or seriously injured by law enforcement officers.
The requirements come amid a national debate over use of force by police following the high-profile slayings of unarmed black men and children in Ferguson, Mo., Cleveland and other cities.
The measure, AB 71, introduced by Assemblyman Freddie Rodriguez (D-Pomona), also requires agencies to report incidents in which civilians seriously injure or kill police officers.
"Collecting data and gathering the context behind the numbers will allow us to determine the extent of the problem, what is contributing to it and how we can solve it," Rodriguez said.
The document agencies will use to report the data, designed in cooperation with advocacy groups, law enforcement agencies and their associations, includes detailed information about the suspect and the incident, including age, race, whether the person was armed and the reason for the stop, among other information.
The required information on the officer involved in the incident includes age, gender, race, whether the officer was on duty or not, and what type of uniform he or she was wearing at the time.
The data will be made available to the public at the Open Justice Initiative's website. It will include data on people who die in police custody, on arrests and bookings, and about police officers killed or injured on duty.
The additional data can help build trust and improve relations between the public and police, California Atty. Gen. Kamala Harris said in a statement.
"The public and law enforcement need each other to keep our communities safe," the statement says. "California is leading the nation in promoting accountability through open data, which will strengthen trust between law enforcement and the communities that we are sworn to protect."
Mark-Anthony Johnson, an activist with the group Dignity and Power Now, said that while transparency is important, the collection of data does little good if efforts are not made to make sure there are consequences for officers who use excessive force.
"I don't think the information alone is what will create more trust," Johnson said. "I think actually changing practices — like stopping excessive and lethal force, particularly on black and brown communities — is the real issue."
"I don't trust them to report on themselves accurately" because law enforcement agencies have an interest in not accurately documenting the circumstances of these incidents, Johnson said.
Chula Vista Police Chief David Bejarano, president of the California Police Chiefs Assn said the organization strongly supported the bill and that the information gathered will improve trust and safety within communities.
"With that goal in mind, and for the benefit of every community, each department will be ready to start collecting this information beginning in January," he said.
Agencies will be required to submit an annual report to the California Department of Justice beginning Jan 1, 2017. The department will also work with certain agencies to develop a Web-based data collection system that will eventually allow departments to track and report data electronically, the attorney general's office said.
California JPIA members with police departments are aware of the strategic business partnership formed with Lexipol in January 2009, whereby the California JPIA funds the cost of a member’s participation in the Law Enforcement Policy Manual Update and Daily Training Bulletin subscriptions. Lexipol recently revised the use of force section of their policy manual to incorporate the data collection and reporting requirements of AB 71. It is recommended that member agencies with police departments review and adopt this revised policy, and implement a system for systematic collection of the required data.

For questions regarding the Lexipol program, please contact your assigned Regional Risk Manager.

The Court Report

No Liability for Death on Bikeway—Court of Appeal

(Reprinted from the Metropolitan News Enterprise, January 14, 2016)
Justices Say Sovereign Immunity Applies to ‘Recreational Trail’

A bikeway connecting the UC Santa Cruz campus to the city’s downtown is a recreational trail for purposes of sovereign immunity, the Sixth District Court of Appeal has ruled.

The justices certified for publication yesterday their December 15 opinion in favor of the university, holding that it could not be held liable for the 2011 death of a student who was killed on the downhill portion of the bikeway while returning from an evening class.

Adrian Burgueno, 21, was described as an avid cyclist. According to the Santa Cruz Sentinel, he was found unconscious by another cyclist after crashing and died the next day. 

Dangerous Bikeway
In an amended complaint, Burgueno’s mother and sister alleged that the Great Meadow Bikeway was in a dangerous condition, for which the university was liable. They claimed UC had actual knowledge that the bikeway was unsafe, particularly at night, and that barriers should have been installed to prevent nighttime use and the public warned of the dangers of using the path.

Attempting to plead around the absolute recreational trail immunity of Government Code §831.4, they claimed that the trail was used for transportation, not recreation.

The UC moved for summary judgment. It offered evidence that the trail was used for recreational purposes, such as to access mountain bike paths in the redwood forests above the campus, as well as for basic transportation between town and campus.

Santa Cruz Superior Court Judge Paul M. Marigonda granted the motion for summary judgment, and Justice Patricia Bamattre-Manoukian, writing for the Court of Appeal, agreed that the immunity applied as a matter of law.

The justice rejected the argument that even if some users accessed the bikeway for recreational purposes, the immunity should not apply because the primary use was not recreational.

“We are not persuaded that the use of a trail for both recreational and non-recreational purposes precludes trail immunity under section 831.4,” the jurist wrote.

Case Cited

She cited Hartt v. County of Los Angeles (2011) 197 Cal.App.4th 1391, holding that the statute immunized the county from liability for a wrongful death claim that arose from a bicycle accident on a park trail that was used for both recreation and access for service vehicles.

In this case, Bamattre-Manoukian said, it was undisputed that the trail was used for recreational purposes.

“Moreover, plaintiffs do not dispute the evidence showing that recreational bicyclists used the Great Meadow Bikeway as part of their route to access the mountain biking paths in the redwood forests above the UCSC campus,” the justice wrote. “Section 831.4 has been construed to apply to bike paths that, like the Great Meadow Bikeway, provide access to recreational activities.”

The case is Burgueno v. Regents of the University of California, 16 S.O.S. 219.

Pro: Files

Poms & Associates

Poms & Associates has served as a strategic partner for the California JPIA for overTim Karcz seven years. Established in 1991 by David Poms, the company offers a wide range of services to both public and private entities.  For the Authority’s members, Poms carries out risk management evaluations, training instruction, and risk technician services.

Meet the Poms staff:

Tim Karcz, Director
Tim joined Poms in 2006, and is responsible for providing organizational leadership and operational management for the company’s California risk consulting staff. With experience in the United States Air Force and as a Regional Safety Manager for a Fortune 500 company, Tim brings a thorough knowledge of regulatory compliance, occupational safety, and exposure control techniques to his team and clients.

Tim holds the Certified Safety Professional, Certified Playground Safety Inspector, Associate in Risk Management for Public Entities, and the Certified Ergonomic Assessment Specialist designations. As a professional member of the American Society of Safety Engineers, he served in several leadership capacities, including President of the Valley Coastal Chapter. Tim received his Bachelor of Science from Embry-Riddle University in Florida.

Tony Leite, Manager
Tony Leite joined Poms & Associates in 2013 and has over 15 years’ experience in the Environmental Health and Safety profession. Tony has held numerous roles as a consultant and safety professional in both the public and private sector including; Environmental Health & Safety Engineer for Lockheed Martin, Emergency Response Manager for Countrywide Financial Corporation, and Vice President of Safety for Bank of America.  As a former fire fighter, Tony has a strong background in fire prevention and protection. Tony is a credentialed teacher with the Antelope Valley Union High School District where he currently teaches Fire Technology, First Aid and CPR.

Tony is a trained Black Belt in Lean Six Sigma Operating Excellence and Certified Safety Professional.  Tony received his Bachelor of Science in Environmental Science from California State University, San Bernardino.

Amy Dolson, Manager
Amy is responsible for providing loss control strategies and solutions for various public entity and private clients. Amy has worked for Poms & Associates since 2008, and has over 12 years of experience in program development, training, and implementing safety, health, and emergency management programs. 

Amy holds the Associate in Risk Management for Public Entities, Certified Playground Safety Inspector, Registered Environmental Health Specialist, and Associate Business Continuity Professional designations.  Amy is a professional member and past President of the American Society of Safety Engineers, Valley Coastal Chapter.  Amy received her Bachelor of Science in Environmental and Occupational Health from California State University, Northridge.

Ignacio Barrios, Senior Risk Consultant
Ignacio Barrios joined Poms in 2005 as a Risk Services Consultant, and currently holds the position of Senior Risk Consultant. Ignacio came to Poms from the United States Marine Corps, where he spent 10 years as the Plant and Safety Manager for petroleum refinement operations.  His current job duties with Poms include providing clients with technical guidance, training, auditing, and hazard analysis as it relates to occupational health and safety exposures. Ignacio is an experienced bi-lingual trainer, with expertise in developing and delivering site specific safety training in Spanish.  

In addition to the Occupational Health and Safety Technologist and Certified Playground Safety Inspector professional certifications, Ignacio holds military certifications in Life Safety, Ergonomics, Mishap Investigations, and Industrial Safety

Lisa Harvey, Senior Risk Consultant
Lisa has worked with Poms & Associates since 2009 and has 20 years of experience in the risk management and safety profession.  Lisa provides risk management and loss control services for various industries including policy development, workplace inspections, and risk management, and occupational safety trainings.

Lisa received her Bachelor of Arts from California State University, Fullerton. She holds the Associate Risk Management for Public Entities designation and is a Certified Playground Safety Inspector.

Michelle Kelly, Senior Risk Consultant
Michelle joined Poms in 2002 and has over 20 years of experience in safety and risk management.  As a Senior Risk Consultant, she currently assists clients in with specialized policy development, safety training, and recommendations aimed at controlling losses and preventing injuries.

For over 15 years, she has been involved at the both chapter and region levels of the American Society of Safety Engineers.  Michelle holds an Associate in Risk Management and she is a Certified Playground Safety Inspector. Michelle received her Bachelor of Arts from Scripps College, Claremont.