Risk-Sharing Pools

Aquatics
Injuries at member-owned swimming pools and aquatic centers can be traumatic and costly. This exposure can be managed in several ways:

• Ensure lifeguards are trained to follow specific operational and emergency procedures and possess current lifeguard and first aid/CPR certifications.
• Regular in-service training can provide lifeguards with simulated experiences of potential real-world incidents (e.g., victim retrieval, unruly patron intervention, etc.).
• Regularly inspect the pool, locker rooms, showers, and other facility areas to identify and correct hazards such as broken glass, bodily fluids, inappropriate behavior, etc.
• Ensure that rescue equipment such as backboards, rescue tubes, and throw ropes is readily accessible and that staff is trained to use these devices effectively. 

First Aid/CPR
Larger crowds, coupled with higher temperatures during the summer months, increase the likelihood of agency staff needing to respond to an ill or injured colleague or member of the public. California JPIA members can improve the odds of a favorable outcome by ensuring that key staff is formally trained in first aid, CPR, and AED use. The Authority offers American Heart Association (AHA) first aid, CPR, and AED training to members at no additional cost. The AHA requires re-training every two years; review your records to determine if employee certifications have expired.

Park Maintenance
While maintaining safe park and playground environments is essential at all times of the year, the months before summer are an apt time to review your agency’s inspection and maintenance program and to conduct audits by Certified Playground Safety Inspectors (CPSIs). You can locate a CPSI in your area through the National Recreation and Park Association (NRPA) website. A Park & Playground Inspection & Maintenance Policy template can be found in the library section of cjpia.org.

Special Events Program
Summertime also increases the number of special events hosted by public agencies. Event organizers or the public wishing to use member-owned facilities may need help to obtain the minimum general liability insurance limits recommended (typically $1 million per occurrence). The Authority’s Special Events Program can help by providing general liability insurance when member-owned premises are used for special events or short-term activities. Examples include weddings, art festivals, parades, yoga classes, and member-sponsored events such as fairs, carnivals, and swap meets. This coverage is not deductible, and members are automatically included as additional insured. For more information, visit the special event program page of the California JPIA website.

Abuse Prevention Resources
It is crucial to address the protection of vulnerable populations during seasonal programming. The California JPIA partners with Praesidium, which offers educational resources to help agencies understand and manage risks related to abuse and molestation. Resources include a helpline, model policies, screening and selection, crisis response toolkits, and multiple online, self-paced trainings. For more information and to access these resources, please visit the Praesidium webpage.

As we gear up for the summer season, it’s imperative to remain vigilant and proactive in managing risk. By implementing the above strategies and utilizing available resources, public agencies can ensure the safety and well-being of all community members.

Training
The Authority provides numerous in-person, virtual instructor-led, and online self-paced training modules ideal for assisting staff in handling the unique risks associated with summer activities.

These training opportunities include:

• Aquatics Center Operation
• Customer Service: A Team Effort
• Code of Quality Service – Virtual
• Customer Service & De-Escalation for Public Agencies: Strategies for Success
• CPR/AED/First Aid Safety
• CPR/AED/Pediatric First Aid
• Dealing Successfully with Customers
• Hearing Conservation
• Heat Illness Prevention
• Library Service, Safety, and Security
• Mandated Reporter Training
• Playground Safety
• Part-Time, Seasonal, and Temporary Employees and Volunteers

To sign up for training, contact your agency’s training registrar. If you have questions or want more information, please contact your regional risk manager.

• Multi-Factor Authentication (MFA)
• Endpoint Detection and Response (EDR)
• Regularly tested, isolated, immutable backups that can be reliably restored
• Documented incident response plans
• Regular vulnerability scanning
• Employee security awareness training

These practices improve insurability and align with NIST’s core focus areas of protecting and recovering from cyber threats.

Additionally, Edge highlighted common gaps identified among California JPIA member agencies, including:

• Inconsistent patch management
• Lack of formal cyber risk management processes
• Missing incident response plans
• Limited threat detection tools (Managed Detection and Response (MDR)/EDR)
• Over-reliance on Managed Service Providers (MSPs) without adequate oversight of MSP security practices

For those Authority members unable to attend, the recording is available using the webinar link.

As a reminder, members have access to fully funded cybersecurity services through the Authority’s partnership with Triden Group, including:

• A cybersecurity maturity assessment based on the NIST CSF
• Internal and external vulnerability scans to help identify and address security gaps

Additionally, the Authority has also secured a Master Services Agreement with Triden, allowing members to engage them directly—at preferred pricing—for services such as:

• Penetration testing
• Incident response tabletop exercises
• Cybersecurity training
• Follow-up assessments

Finally, the Authority also offers the following member resources:

• KnowBe4 for security awareness training and phishing simulations
• Eagle Eye, a cyber risk management platform with checklists, website assessments, and tracking tools
• eRiskHub, an online portal with incident response planning tools, policy templates, and more

If you are interested in any of these services or need help accessing the services, please contact your regional risk manager.

 

This resource also provides specific guidance and helpful checklists to assist members in their loss prevention efforts. These include reducing fuels through effective vegetation management practices, using the right types of plants and hardscape materials, and maintaining the required defensible space around properties. Additional guidance is offered on maintaining heating and ventilation systems to reduce contamination during a fire.

The California JPIA also partners with Fireline Defense, LLC, to provide professional experts with on-site wildfire risk assessments at no direct cost to our members. These assessments have located wildfire exposures and paved the way for targeted mitigation measures. Fireline Defense was established in 2020 by former CAL FIRE firefighters. Within their professional property assessments, they identify specific wildfire hazards and calculate a custom Fireline Defense Index (FDI) score. This score ranges from one to ten, with a lower score indicating high risk and a higher score indicating comparatively lower wildfire risk. Each assessment is accompanied by a specific series of recommendations for risk reduction.

Finally, the Authority offers a series of online, in-person, and tailgate training courses related to emergency preparedness, fire safety, and wildfire smoke, which poses significant health hazards for employees working outdoors or in poorly ventilated environments. Visit myJPIA for more information.

By taking proactive measures and staying informed, California JPIA members can safeguard their communities, protect properties, and ensure the health and safety of their residents and employees.

Additional Resources:

California JPIA’s Wildfire Risk Management White Paper: In-depth analysis of wildfire-related risks

Cal OSHA’s Regulation for Protecting Workers from Wildfire Smoke: CCR Title 8, Section 5141.1

California Office of Emergency Services Wildfire Recovery Resources: State-wide wildfire resources

Cal FIRE’s Defensible Space Guidelines: Detailed information on managing your defensible space

Cal FIRE’s Wildfire Resources: Wildfire resources

OSHA’s Wildfire Resources: Wildfire emergency planning resources

Cal FIRE’s Active Incidents: Up-to-date information on all statewide active incidents

New: Impersonation Fraud Guidance. This resource was developed in response to a rise in impersonation fraud reported in the news. Its purpose is to raise awareness among employees about the tactics used in impersonation fraud, promote vigilance in verifying the authenticity of communications, and establish protocols for reporting suspicious activities. Additionally, the resource outlines services available to members to assist in efforts to prevent impersonation fraud.

Updated: Footwear and Hard Hat Safety Guidelines. The use of personal protective equipment (PPE) is a critical component of any comprehensive injury and illness prevention plan (IIPP). When integrated into an IIPP, PPE helps minimize the likelihood of injuries and illnesses that may arise from workplace hazards. This resource was reviewed for potential updates. Key updates include references and hyperlinks to the applicable standards and regulations.

Resources can be accessed and downloaded via the online library located in the resources section of the Authority’s website. Resources available in Word format are for members to customize to agency-specific policies and procedures.

If you have any questions, please contact your regional risk manager.

Resources

California Department of Industrial Relations Workplace Violence Prevention Policy and Plan Template (scroll down and click on the Workplace Violence Prevention category.)

Training Offerings

Active Shooter & Workplace Violence Response: The New Environment for Public Sector Professionals

Working in the public sector has changed significantly over the past decade. Professionals now face less civility, workplace violence, and active shooter incidents. This course will cover modern workplace changes and strategies for employees to adapt.

The course will also provide strategies to prevent potential workplace violence and respond to active shooter incidents. Employees will learn actions to reduce violence and how to survive active shooter situations. Although rare, preparation can help employees respond appropriately.

Overview of SB 553 and How to Conduct Site Security Assessments

SB 553 requires that California employers take specific steps related to workplace violence prevention plans. This training gives a high-level overview of the requirements for employers and dives deeply into how to conduct site security assessments.

This course aids department heads, managers, supervisors, and employees in assessing their facility’s security. The assessment will produce a report compliant with California workplace violence prevention laws, guiding officials on cost-effective security improvements and policy changes. This process can be done by an individual or a team, based on expertise.

Preventing Workplace Violence: Strategies for Safety and Communication

Improve workplace safety with our virtual training course. Understand the causes of workplace violence, such as stress, poor organizational culture, and inadequate communication. Learn to identify potential precursor signs like verbal abuse, bullying, and harassment. Gain strategies to mitigate risks, enhance communication, foster a healthy work environment, and manage conflicts. This course will help you prevent and respond to workplace violence, ensuring a safer environment for all employees.

Workplace Violence Prevention Plan Administrator Training

This eLearning course is for administrators of workplace violence prevention plans in government agencies. Focused on California law, it covers compliance, identifying workplace violence types, risk reduction strategies, and developing a prevention plan. You will also learn about effective recordkeeping and investigative techniques. By the end, you’ll have the tools to ensure a safe workplace.

Workplace Violence Prevention for All Employees

In this eLearning course, you’ll gain an understanding of workplace violence prevention, with a specific focus on California law. The course covers key aspects such as compliance with legal requirements, identifying different types of workplace violence, and strategies to reduce risks.

Workplace Violence: From Threats to Active Shooters

This two-hour classroom training is designed to lay a critical foundation for providing a safe work environment. The instructor will present factors that lead to violence, perpetrators of workplace violence (including external and internal contacts), acts of workplace violence, organizational factors that promote violence, and response protocols. The last hour of this training is presented in a format specifically designed for managers and supervisors. All general employees will be dismissed before the last hour begins. A virtual option is also available for this session.

Workplace Violence Awareness

This two-hour class offers ways to help manage disruptive and aggressive behavior in the workplace. Workplace violence training will help reduce disruptive incidents, prevent workplace violence, lower the risk of injury, improve workplace relations, and reduce liability exposure. Create a safer work environment and decrease the chance of workplace violence in your organization. A virtual option is also available for this session.

If you would like to attend a training, contact your agency’s training registrar. If you have questions about the Workplace Violence Prevention Policy and Plan template, contact your regional senior risk manager.

Employers must record any new work-related injury or illness if it results in days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, significant injury or illness as diagnosed by a physician or other licensed healthcare professional, or death. Employers must record any incidents that aggravate a prior injury. Employers are also required to log COVID-19-related illnesses on the form. Cal/OSHA has published a Brief Guide to Recordkeeping Requirements.

OSHA has strict requirements for protecting the privacy of injured and ill employees. An employer shall not record the employee’s name on the OSHA 300 log for certain “privacy concern cases.” Instead, “Privacy Case” shall be entered in the space reserved for the employee’s name. OSHA defines a privacy concern case 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 if the employee voluntarily requests that their name not be entered on the log. The Authority recommends that all cases reference “Privacy Case” in the employee’s name fields, not just in privacy concern cases defined by OSHA.

Members participating in the Authority’s Workers’ Compensation Program will receive an email from Athens, including a partially completed Form 300A with instructions for completing and posting the form. Members should follow the instructions and post a copy of the completed form by February 1, 2025. Forms 300 and 300A can also be obtained from the Cal/OSHA website.

For more information, please contact your assigned regional risk manager.

Updated: Office Hazards Inspection Checklist Template. This resource was regularly reviewed for potential updates. Updates included adding purpose and procedure statements and expanding upon items to inspect under each category.

Updated: Fire Prevention Plan. This resource was regularly reviewed for potential updates, including adding tables to assist with the customization of the plan, expanding on the potential hazards section, and adding a section on fire alarm pull station locations.

Updated: Cash Handling Guidelines. This resource was regularly reviewed for potential updates, including adding sections addressing electronic receipts and payments, cybersecurity measures, and reviews and audits.

Resources can be accessed and downloaded via the online library located in the resources section of the Authority’s website. Resources available in Word format are for members to customize to agency-specific policies and procedures.

If you have any questions, please contact your regional risk manager.

The following outlines immediate steps that can be taken to enhance employee safety and minimize property losses from wildfires and related emergencies.

Manage Property Fire Risks and Defensible Space:
California law requires property owners to maintain up to 100 feet around a building as a defensible space buffer. Defensible space is divided into three zones that span from zero to 100 feet, each with measures to reduce landscape fuels and increase ember resistance. Managing plant and hardscape materials in these zones through a site-specific property and vegetation maintenance plan is critical. Use the following steps to help in this process:

• Keep plants watered, trimmed, and pruned. Avoid the accumulation of vegetative debris by removing dead and dying plants that may act as a fuel source.
• Choose hardscapes like gravel, pavers, concrete, and other non-combustible mulch materials.
• Properly label and store flammable liquids, hazardous wastes, and other combustible materials away from the defensible space buffer or inside the facility.
• Control the use of heat-producing equipment, such as gas-powered weed eaters, in high-risk areas and during high-risk times of the day.

To help members manage wildfire threats to personnel and property, the California JPIA partnered with Fireline Defense, LLC, to provide no-cost wildfire risk assessments. These assessments locate and analyze wildfire exposures and offer recommendations to help facilitate targeted mitigation measures.

Protect Ventilation Systems:
Many wildfire-related property losses have involved heating and ventilation system contamination. The following steps can help reduce a wildfire’s impact:

• Install metal screens of 1/8” or finer across vents to block windblown embers from entering.
• Attempt to close attics, crawl spaces, and ventilation ducts in the event of a nearby wildfire to reduce the possibility of fire and smoke traveling throughout the building.
• Conduct regular inspections to ensure they are not damaged or compromised.

Develop an Emergency Plan:
Develop site-specific emergency plans for your agency. Start by discussing wildfire mitigation strategies with local fire authorities, focusing on key variables that impact your agency’s specific exposure. Various resources exist to assist in developing a Wildfire Emergency Plan and are in the resources section below. Specific elements that should be covered in the plan include:

• Conditions that will activate the plan
• Emergency functions and who will perform them
• Evacuation procedures for agency-occupied facilities
• Community evacuation routes
• Provisions for inspecting agency-owned facilities and infrastructure for vulnerabilities
• Provisions for managing property risks, such as maintaining defensible space and hardening infrastructure

Wildfire won’t wait! Act now to prepare, prevent, and minimize the damage of wildfires in your community. Please contact your regional risk manager for more information.

Additional Resources:

California JPIA’s Wildfire Risk Management White Paper: In-depth analysis of wildfire-related risks

On Fire: The Report of the Wildland Fire Mitigation and Management Commission

Cal/OSHA’s Regulation for Protecting Workers from Wildfire Smoke: CCR Title 8, Section 5141.1

California Office of Emergency Services Wildfire Recovery Resources: State-wide wildfire resources

Cal Fire’s Defensible Space Guidelines: Detailed information on managing your defensible space

Ready for Wildfire: Cal Fire’s wildfire resource website

Occupational Safety and Health (OSHA): Wildfire emergency planning resources

Cal/Fire’s Active Incident Archive: Up-to-date information on all statewide active incident

Updated: Construction Agreement Template. The update to the manual referenced above was incorporated into the construction agreement template. This resource was made available to members in May.

Resources can be accessed and downloaded via the online library in the resources section of the Authority’s website. Resources available in Word format allow members to customize to agency-specific policies and procedures.

If you have questions, please contact your regional risk manager.

The Design Immunity & Intersection/Roadway Design Accident Checklist resource combines the design immunity white paper and the intersection/roadway design accident checklist. Both underwent a regular review for potential updates and were combined to provide one comprehensive resource to members. This was made available to members in March.

The library section of the Authority’s website contains resources that can be accessed and downloaded. Resources available in Word format allow members to customize them to agency-specific policies and procedures.

For questions, please contact your regional risk manager.

Aquatics
Injuries at member-owned swimming pools and aquatic centers can be traumatic and costly. This exposure can be managed in several ways:

• Ensure lifeguards are trained to follow specific operational and emergency procedures and possess current lifeguard and first aid/CPR certifications.
• Regular in-service training can provide lifeguards with simulated experiences of potential real-world incidents (victim retrieval, unruly patron intervention, etc.).
• Regularly inspect the pool, locker rooms, showers, and other facility areas to identify and correct hazards such as broken glass, bodily fluids, inappropriate behavior, etc.
• Ensure that rescue equipment such as backboards, rescue tubes, and throw ropes is readily accessible and that staff is trained to use these devices effectively.

First Aid/CPR
Larger crowds, coupled with higher temperatures during the summer months, increase the likelihood of agency staff needing to respond to an ill or injured colleague or member of the public. California JPIA members can improve the odds of a favorable outcome by ensuring that key staff is formally trained in first aid, CPR, and AED use. The Authority offers American Heart Association (AHA) first aid, CPR, and AED training to members at no additional cost. The AHA requires re-training every two years; review your records to determine if employee certifications have expired.

Park Maintenance
While maintaining safe park and playground environments is essential at all times of the year, the months before summer are an apt time to review your agency’s inspection and maintenance program and to conduct audits by Certified Playground Safety Inspectors (CPSIs). You can locate a CPSI in your area through the National Recreation and Park Association (NRPA) website. A Park and Playground Inspection and Maintenance Program template can be found in the resources section of cjpia.org.

Special Events Program
Summertime also increases the number of special events hosted by public agencies. Event organizers or the public wishing to use member-owned facilities may need help to obtain the minimum general liability insurance limits recommended (typically $1 million per occurrence). The Authority’s Special Events Program can help by providing general liability insurance when member-owned premises are used for special events or short-term activities. Examples include weddings, art festivals, parades, yoga classes, and member-sponsored events such as fairs, carnivals, and swap meets. This coverage is not deductible, and members are automatically included as additional insured. For more information, visit the special events page of the California JPIA website.

Abuse Prevention Resources
It is crucial to address the protection of vulnerable populations during seasonal programming. The California JPIA partners with Praesidium, which offers educational resources to help agencies understand and manage risks related to abuse and molestation. Resources include a helpline, model policies, screening and selection, crisis response toolkits, and multiple online, self-paced trainings. For more information and to access these resources, please visit the Praesidium webpage.

As we gear up for the summer season, it’s imperative to remain vigilant and proactive in managing risk. By implementing the above strategies and utilizing available resources, public agencies can ensure the safety and well-being of all community members.

Training
The Authority provides numerous in-person, virtual instructor-led, and online self-paced training modules ideal for assisting staff in handling the unique risks associated with summer activities. These training opportunities include:

• Aquatics Center Operation
• Code of Quality Service
• CPR/AED/First Aid Safety
• CPR/AED/Pediatric First Aid
• Dealing Successfully with Customers
• Hearing Conservation
• Heat Illness Prevention
• Library Service, Safety, and Security
• Mandated Reporter
• Playground Safety
• Part-Time, Seasonal, and Temporary Employees and Volunteers

To sign up for training, contact your agency’s training registrar. If you have questions or want more information, please contact your regional risk manager.

The bonds surety section of the Contractual Risk Transfer Manual was updated to maintain compliance with the Code of Civil Procedure. The updated version is denoted on the cover page: “Edition 8.1 – February 2024.”

The Naloxone Policy and Procedures resource was updated to reference Health and Safety Code 1799.113. The updated resource was made available to members in January.

The Drug- and Alcohol-Free Workplace Policy and Drug and Alcohol Testing by Public Sector Employers resources were updated to address AB 2188, which became effective on January 1, 2024. Consult with your legal counsel for further guidance. Members are also encouraged to meet with their testing facilities and understand the procedures the facility will follow when conducting tests to confirm whether they match your agency’s policy language. These updated resources were made available to members in January.

The Discrimination, Harassment, and Retaliation Policy resource was reviewed for potential updates and made available to members in January.

The Parks and Recreation Background Check Supplemental Questionnaire resource may also be referred to as Public Resources Code 5164. It underwent a regular review for potential updates and was made available to members in January.

Resources can be accessed and downloaded in the library section of the Authority’s website. Resources available in Word format allow members to customize agency-specific policies and procedures.

For questions, please contact your regional risk manager.

Employers must record any new work-related injury or illness if it results in days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, significant injury or illness as diagnosed by a physician or other licensed healthcare professional, or death. Employers must record any incidents that aggravate a prior injury. Cal/OSHA has published a Brief Guide to Recordkeeping Requirements.

OSHA has strict requirements for protecting the privacy of injured and ill employees. An employer shall not record the employee’s name on the OSHA 300 log for certain “privacy concern cases.” Instead, “privacy case” shall be entered in the space reserved for the employee’s name. OSHA defines a privacy concern case 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 if the employee voluntarily requests that their name not be entered on the log. The Authority recommends that all cases reference “privacy case” in the employee’s name fields, not just in privacy concern cases defined by OSHA.

Members participating in the Authority’s workers’ compensation program will receive an email from Athens, including a partially completed Form 300A with instructions for completing and posting the form. Members should follow the instructions and post a copy of the completed form by February 1, 2024. Forms 300 and 300A can also be obtained from the Cal/OSHA website.

For more information, please contact your regional risk manager.

Through this business partnership, the Authority and DAC work closely with members to develop a current and complete ADA transition plan. To incentivize members in this effort, the Authority provides each participating member an allowance to help offset the cost of developing a current and complete ADA transition plan. The funding breaks down as follows:

• Initial compliance diagnostic assessment: $2,800 (fully covered by the Authority; no out-of-pocket expenses to the member)
• Inspections of facilities and public rights of way: $16,500 (Authority covers first $16,500; member covers remaining amount)
• Evaluation of policies, procedures, and programs: $5,000 (fully covered by the Authority; no out-of-pocket expenses to the member)
• Software (first year of DACTrak software): $2,000 (Authority covers the first year of annual software cost; members cover annual software cost beginning in year two)

The total value of the ADA Assistance Program allowance is $26,300 and is for one-time use (i.e., members who have already taken advantage of the ADA Assistance Program are not eligible to participate again in the program)

Members who are interested in the program are strongly encouraged to contact their regional risk manager. This will allow Authority staff to coordinate a scoping call between the member and DAC to determine a workable compliance roadmap unique to each member agency.

If you are interested in participating in the ADA Assistance Program or have questions about the program, please contact your regional risk manager or Management Analyst Abraham Han.

In the 2013 ruling of Purton v. Marriott International, Inc., the California Fourth District Court of Appeal held the employer liable for a death caused by an employee who became intoxicated at a workplace party. The employee arrived home safely following the party but then left to drive a co-worker home. The employee then hit another car, killing its driver. The trial court granted summary judgment in favor of the employer because liability under the doctrine of respondeat superior ended when the employee arrived home. However, the appellate court reversed the decision and sent the case back for trial. The appellate court found that because the party benefited the employer by improving employee morale, the employer should be liable for the accident because the proximate cause of the injury (alcohol consumption at the party) occurred within the scope of employment.

The only way to avoid liability arising from serving alcohol at a workplace party is not to serve alcohol. However, if your agency does decide to serve alcohol, the following steps are recommended to minimize liability:

• Ensure that harassment prevention training has recently been provided and training records are up to date. Review your agency’s discrimination, harassment, retaliation, and substance abuse prevention policies before the event. Consider policies making clear that excessive consumption of alcohol at agency functions will not be tolerated. Policies may include specific examples of conduct that will not be permitted. If your agency’s policies do not address workplace social events, consider updating them accordingly. Also, remind employees about the dangers and consequences of drinking and driving. Policies should be communicated using various methods: email, paycheck stub memos, bulletin boards, meetings, etc. Signed acknowledgments of receipt and understanding of policies by employees should be obtained.

• Make clear to employees that attendance at agency social events is strictly voluntary and not a requirement of employment. This suggestion applies whether or not alcohol is served.

• Limit the amount and types of alcohol to be served. For example, consider having a cash bar or providing a limited number of drink tickets per person. Sweet alcoholic drinks or punches make it difficult for an individual to know how much they have consumed. In addition, serve plenty of non-alcoholic beverages such as water, sodas, and juices.

• Close the bar one or two hours before the event is over and continue to serve food.

• Hold the event off agency premises at an establishment with professional bartenders and a valid liquor license. Professional bartenders know how to deal with guests consuming alcohol in excess. When hiring professional bartenders or caterers, ensure they carry appropriate general liability and liquor liability insurance. Do not allow employees to serve drinks to co-workers.

• Since workplace parties are typically social, limit the discussion of business and hold the event outside of business hours.

• Consider allowing family and significant others to attend. Inviting guests implies the event is social rather than business-related. In addition, employees are likely to be more reserved and less inclined to participate in offensive behavior. However, if customers or business partners are invited, the function is apt to be viewed as a business event.

• If inviting minor guests, do not serve alcohol.

• Do not allow employees to bring alcohol to an agency event.

• Provide alternative transportation (such as rideshare services) for employees leaving workplace parties where alcohol is served. Encourage employees to have a designated driver.

• Consider scheduling the party earlier in the day so employees are less inclined to drink excessively.

• Do not require non-exempt employees to perform functions at agency social events. This can help to avoid wage and hour claims.

Opinions vary about the wisdom of serving alcohol at workplace parties. Consult legal counsel for advice on your specific situation.

If you have questions, please contact your regional risk manager.

The California JPIA currently holds pool-wide coverage for first- and third-party cyber losses through Great American Insurance Company, offering members two critical resources. The Eagle Eye cyber risk management platform includes a checklist to help avoid common security errors, an external website assessment tool, and a cybersecurity progress tracker. The E-Risk Hub, which members can access through cjpia.org, offers a repository of trainings, articles, and cybersecurity news.

Building on these resources—and rooted in a rise of member interest—the California JPIA has partnered with KnowBe4, a cybersecurity awareness and simulated phishing service provider.

KnowBe4 strengthens cybersecurity culture and reduces human risk through a simulated phishing platform that helps organizations raise awareness about ransomware, fraud, and other social engineering tactics.

“KnowBe4 helps members stress-test their human firewall through custom, simulated phishing emails,” said Mellor. “This allows them to identify susceptible employees and provide immediate training.”

The Authority has negotiated preferred pricing with KnowBe4 for members new to the program. Learn more about the KnowBe4 service and sign up here.

The Authority has also partnered with Triden Group, a cybersecurity solutions and services company, to provide cyber assessments to members. These services are currently being piloted with a small group of agencies and, assuming the pilot is successful, will be offered to the broader membership sometime in 2024. The Authority will fully fund cyber assessments.

The scope of work for each assessment includes the following elements:

1. The National Institute of Standards and Technology (NIST) Questionnaire is an interview-style survey that evaluates whether or not cyber security controls are implemented correctly, operating as intended, and producing the desired outcome concerning meeting the security and privacy requirements for the system and the organization.
2. An External Vulnerability Assessment identifies and evaluates security vulnerabilities in an organization’s external-facing systems and networks. This includes systems and networks that are accessible to the public, such as web servers and email servers.
3. An Internal Vulnerability Assessment identifies and evaluates security vulnerabilities in an organization’s internal systems and networks. This includes systems and networks that are not accessible to the public, such as servers, workstations, and databases.

After completing the assessment, members will receive a findings report and a roadmap for improvement. The Authority has also executed a master services agreement with Triden Group, which allows members to take advantage of preferred pricing should they decide to engage Triden to remediate deficiencies identified during the assessment.

“Members are strongly encouraged to take advantage of these tools to improve cybersecurity practices,” said Mellor. “Doing so will reduce the likelihood that the member will be victimized by cyber criminals and strengthen the Authority’s ability to continue to obtain pool-wide cyber liability coverage in the future.”

Members wishing to learn more about the above resources should contact their regional risk manager.

Safehub employs a combination of sensors, analytics, and third-party data to provide structural damage information within minutes following an earthquake. The easy-to-install sensors measure earthquake ground motion, building response, and changes in building natural frequencies, which can indicate damage. Sensors are about the size of a mobile phone and have a battery backup. For most buildings, the unit is installed on the ground floor next to an outlet and generally out of the way. Sensors are simple to install and plug in and come with an easy-to-follow installation manual. They use very little power and do not require connection to your agency’s network or Wi-Fi as they are connected to the cloud through a cellular network. The sensors have a three-to-five-year life expectancy and are monitored by Safehub 24/7 to ensure they work correctly.

Safehub’s platform analyzes the data and deploys actionable information through a web-based dashboard, text messages, and email alerts. For example, following a 4.5 earthquake, the text may read, “No damage expected.” The information generated is used to estimate damage to individual buildings and portfolios. The results are fewer false positives and negatives, allowing communities to continue providing services when needed most.

Alerts and information presented on Safehub’s dashboard can help prioritize emergency response, assist building inspectors and engineers, help with claim filing, and assist with activating business continuity plans and resilience efforts. In addition, the Safehub technology features a simulation mode for training and drill purposes.

Never before have communities had this level of information at their fingertips, allowing them to assess damage resulting from catastrophic events quickly. This cost-effective solution is easy to install across an entire portfolio of buildings and dramatically reduces the risk from seismic events.

To learn more about Safehub, visit www.safehub.io.

 

Drop, Cover, and Hold On

When an earthquake strikes, the following procedures are recommended to reduce your chance of injury:

DROP where you are onto your hands and knees.

COVER your head and neck.

If a sturdy table or desk is nearby, crawl underneath it for shelter.

If a furniture item is unavailable, crawl next to an interior wall away from windows, stay on your knees, and cover your head and neck.

HOLD ON until the shaking stops.

If you are under a table or desk, hold on to a furniture leg with one hand and use your other arm to cover your head and neck.

If you are next to an interior wall, stay on your knees and use both arms and hands to protect your head and neck.

This is also the time to review and evaluate work areas to confirm that bookcases and cabinets are secured to walls, items stored on top of cabinets are removed and stored correctly, and chemicals are stored in secured cabinets. Additionally, check your earthquake supplies. Discard expired items, replace them accordingly, and confirm that staff knows the location(s) of the earthquake supplies.

After the drill, update your emergency preparedness plan and procedures based on lessons learned from the ShakeOut exercise. Review the updated plans and procedures with all staff.

Practice, practice, practice!  Practicing reinforces the behavior. You will be more likely to react quickly when the shaking begins if you regularly practice protecting yourself. Although California holds an annual Great ShakeOut event, practicing drills throughout the year is beneficial to reinforce responsive and safe behavior in an emergency.

 

Resources:

CaliforniaJPIA Library

Safehub

CaliforniaJPIA Emergency Preparedness & Fire Extinguisher Safety Training

Earthquake Protective Action Postcard.pdf

Earthquake Country Alliance

OSHA’s Earthquake Preparedness and Response

Dept. of Homeland Security Ready-Earthquakes

American Red Cross

By taking advantage of available resources, including those offered by the California JPIA, members can prepare in the following ways:

1. Training: Emergency Preparedness, Earthquake Preparedness, Fire Prevention, CPR, and First Aid Training can mean the difference between life and death in an emergency. In-person and online training information is available by visiting myJPIA. Members should be aware that in the event of a disaster, completion of specific training may be required to qualify for FEMA funds. The Emergency Management Institute (EMI) offers self-paced courses designed for those with emergency management responsibilities and the public in general. All are provided free of charge to those who qualify for enrollment. For a complete listing of courses, visit the FEMA training page.
2. Inspect for Safety: Inspect agency-owned facilities for emergency-related exposures, including clear evacuation routes, storage practices, securing furniture or other large objects from falling, proper lighting, and emergency supplies. Visit the California JPIA’s online resource library for various inspection checklists.
3. Develop Emergency Action and Fire Prevention Plans: Cal/OSHA-compliant programs should be in writing and cover the actions employers and employees must take to ensure employee safety in all emergencies. Elements of the plan include the following:
   1. Emergency escape procedures and emergency escape route assignments;
   2. Procedures to be followed by employees who remain in their positions to operate critical operations before they evacuate;
   3. Procedures to account for all employees after evacuation has been completed;
   4. Rescue and medical duties for those employees who can perform them;
   5. The preferred means of reporting fires and other emergencies;
   6. Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan;
   7. An employee alarm system that complies with Article 165 of Cal/OSHA’s Fire Protection Regulations;
   8. The types of evacuations to be used in emergency circumstances; and
   9. Training.

   Download an Emergency Action Plan template from the California JPIA’s online resource library.

4. Evaluate Applicable Insurance Coverages: Evaluate your agency’s coverage for emergency-related perils. The California JPIA’s property program includes all-risk coverage for real and personal property, with the option of adding earthquake and flood coverage for damages or loss of use due to these perils. Additional information can be found on the Authority’s insured programs page.

In addition to what is offered by the California JPIA, various resources are available from the Ready Campaign and the California Office of Emergency Services.

If you have any questions or need additional information or resources, please contact your regional risk manager.

The Body Armor Policy and Procedures resource includes a policy template and procedures addressing the possession and use of body armor for designated classifications, such as code enforcement officers and other non-peace officer employees with similar duties. This resource was made available to members in May.

Updated Resources
The Pepper Spray Policy and Procedures resource was reviewed for potential updates and made available to members in May.

The Heat Illness Prevention Plan resource formatting was revised to align with Cal/OSHA’s template with a checkbox feature and was made available to members in June.

These resources can be accessed and downloaded in the library section of the Authority’s website. Resources available in Word format allow members to customize for agency-specific policies and procedures.

If you have any questions, please contact your regional risk manager.

To assist members with legally vetted policies, procedures, and policy-and-procedure-related training for their fire departments, the Authority has partnered with Lexipol to fully fund and provide state-specific fire policy and procedure updates and training at no cost.

Lexipol’s Fire Policies, Procedures, and Training solution provides the following benefits:

• State-specific policies vetted by fire service professionals and public safety attorneys
• Updates in response to legislation, case law, and evolving best practices
• Scenario-based training to bring policies to life
• 24/7 access to policies and procedures via a web-based platform and mobile app

In addition to the above-listed benefits, Lexipol’s Fire Services include enhanced department accountability and tracking. Lexipol Fire’s reporting features let department administrators track policy and procedure acknowledgment and completed training based on the department’s rules and regulations.

Lexipol Fire covers more than 165 different policies and procedures in potential high-risk areas. These areas include apparatus driving safety, vehicle operations, personal protective equipment, fireground accountability and operations, incident command, personnel complaints, discipline, administrative investigations, and civil unrest.

If your agency has a fire department interested in implementing Lexipol Fire, please contact Management Analyst Abraham Han or your regional risk manager.

Workers must be closely observed for any signs of heat illness when working in these hotter conditions for the first time. Supervisors and workers must be trained on the signs and symptoms of heat illness to know when to take steps to prevent a coworker from getting sick. Employers must also evaluate each worksite and ensure their workers know their procedures for contacting emergency medical services, including directing them to the worksite if needed.

To prevent heat illness, employers are required to provide outdoor workers with fresh and suitably cool water, access to shade, and when needed, cool-down rest breaks in addition to regular breaks. Employers must also maintain a written prevention plan with practical training for supervisors to recognize the common signs and symptoms of heat illness and what to do in an emergency.

Members with outdoor workers must take the following steps to prevent heat illness:

• Plan: Implement an effective written heat illness prevention plan.
• Training: Train all employees and supervisors on preventing heat illness, including common signs and symptoms.
• Water: Provide drinking water that is fresh, pure, suitably cool, and free of charge so that each worker can drink at least 1 quart per hour and encourage workers to do so.
• Rest: Encourage workers to take a cool-down rest in the shade for at least five minutes when they feel the need to do so to protect themselves from overheating. Workers should not wait until they feel sick to cool down.
• Shade: Provide shade when workers request it or when temperatures exceed 80 degrees.

Members are encouraged to take advantage of the Authority’s training, including Cal/OSHA-compliant refresher training for employees and supervisors. Additionally, the Authority has developed a template Heat Illness Prevention Plan, available in the MyJPIA library on the California JPIA’s website.

Cal/OSHA offers the following resources:

• Heat Illness Prevention Website
• Heat Illness Prevention E-Tool
• Cal/OSHA Webinar on Heat Illness Prevention

For more information, please contact your regional risk manager.

Aquatics
Injuries at member-owned swimming pools and aquatic centers can be traumatic and costly. Members can manage this exposure in several ways:

• Ensure lifeguards are trained to follow specific operational and emergency procedures and possess current lifeguard and first aid/CPR certifications. In addition, regular in-service training provides lifeguards with simulated experiences of potential real-world incidents (victim retrieval, unruly patron intervention, etc.)
• Regularly inspect the pool, locker rooms, showers, and other facility areas to identify and correct hazards such as broken glass, bodily fluids, inappropriate behavior, etc.
• Ensure that rescue equipment such as backboards, rescue tubes, and throw ropes are readily accessible and that staff has been trained to use these devices effectively.

First Aid/CPR
Larger crowds coupled with increased temperatures during the summer months make it more likely that agency staff will have to respond to an ill or injured resident. Members can improve the odds of a favorable outcome by ensuring that key staff members are formally trained in first aid, CPR, and AED use. The California JPIA offers American Heart Association (AHA) first aid, CPR, and AED training to members at no additional cost. The AHA requires re-training every two years, so if it has been a while since your employees received this training, it would be good to review your records and determine if certifications have expired.

Special Events Program
Summertime also increases the number of special events hosted by public agencies. Event organizers or the public wishing to use member-owned facilities may need help to obtain minimum liability insurance limits recommended by the California JPIA (typically $1 million per occurrence). The Authority’s Special Events Program can help with this issue since the program provides general liability insurance when member-owned premises are used for special events or short-term activities. Examples include weddings, art festivals, parades, yoga classes, and member-sponsored events such as fairs, carnivals, and swap meets. There is no deductible for this coverage, and members are automatically added as additional insured. For more information, visit the Special Events page of the California JPIA website.

Training
The Authority provides numerous training programs ideal for assisting staff in handling the unique risk associated with summer activities. These training opportunities include:

• Aquatics Center Operations
• Code of Quality Service
• CPR/AED/First Aid Safety
• CPR/AED/Pediatric First Aid
• Dealing Successfully with Customers
• Hearing Conservation
• Heat Illness Prevention
• Library Service, Safety and Security
• Mandated Reporter
• Playground Safety
• Part-Time, Seasonal, and Temporary Employees and Volunteers

To sign up for training, contact your agency’s training registrar.

If you have questions or want more information, please contact your regional risk manager.

To assist members with police and fire services, the Authority has partnered with Lexipol’s wellness technology solutions, CordicoShield and CordicoFire. Cordico’s mental health and wellness app leverages smartphone technology to provide personalized and anonymous mental health and wellness services specifically for law enforcement and fire personnel and their families. Cordico is a part of Lexipol, which offers first-responding agencies essential policy insights, training programs, and timely content to enable them to serve their communities best.

The wellness app provides a confidential and anonymous way for police and fire staff to access support on various topics such as emotional health, depression, and stress management. The app also provides access to peer support and therapists vetted to understand the needs of those serving in a police or fire department. The app can also be uniquely designed for each police or fire department, which includes the ability to brand the app with the department seal. The app is also customizable, so department-specific content and forms can be added.

The Authority’s implementation of the wellness app program represents a partnership with its members as much as it is a partnership with Cordico. Moving forward, the Authority will reimburse up to 25% of the program’s annual cost (up to $10,000) through reimbursement.

The CordicoShield/CordicoFire wellness and mental health app is downloadable through your smartphone. It aims to enable police and fire staff and their families to seek services without fear of tracking or oversight. The app is intended to anonymously provide individuals with the help they need while looking to address and reduce the number of each department’s workers’ compensation claims.

A handful of the Authority’s members have already utilized Cordico and obtained partial reimbursement from the Authority. If your agency has a police or fire department interested in implementing CordicoShield or CordicoFire, please contact your regional risk manager.

The Temporary Modified or Light Duty Assignments and Return to Work Program includes a template policy, return to work program, and offer memorandum. The resource also contains procedures that address an employee’s industrial or non-industrial temporary assignment to modified or light duty and was made available to members in April.

The Workers’ Compensation Guidelines and Forms were updated and made available to members in April. These guidelines and various forms address workers’ compensation claims, including recordkeeping, first aid claims, three-point contact, salary continuation, physician pre-designation, off-duty recreational activities, and other common questions.

These resources can be accessed and downloaded in the library section of the Authority’s website, cjpia.org. Resources available in Word format allow members to customize them to reflect agency-specific policies and procedures.

If you have any questions, please contact your regional risk manager.

The liability programs have experienced 1,457 claims (243 per year on average) for accidents involving a member driver.

• This represents 19 percent of pool-wide liability claim frequency.
• The total severity for these claims is $14.8 million ($2.5 million per year), representing 8 percent of pool-wide liability claim severity.
• The average cost of these claims is $10,158.

In the workers’ compensation program, 224 injuries (37 per year on average) involving a member driver have occurred.

• This represents 1.4 percent of pool-wide workers’ compensation claim frequency.
• The total severity for these claims is $11.2 million ($1.9 million per year on average), representing 7.5 percent of total severity.
• The average cost of these claims is $50,000.

The property program has experienced 548 auto-physical damage losses during this period.

• 91 per year on average, with a total severity of $4.2 million.
• With an average cost of $7,664 per claim.

Members are advised to review their vehicle use policies to ensure they are up-to-date, effective, and being followed. Preventable, reoccurring accidents occur at an agency if the vehicle use policy is not enforced. Risk management and human resources personnel should review all accidents to determine whether an accident was preventable or non-preventable and should be involved when making disciplinary recommendations. Managers and supervisors should also look at behaviors that cause near events, evaluate what happened, and use the information during safety tailgate meetings and coaching of employees. Furthermore, supervisors should routinely monitor employees’ driving while performing their job-related driving responsibilities. Reviewing accident and near-event history as part of employee performance evaluations is also suggested. Managers and supervisors should report all accidents to risk management and human resources.

Many member agencies also evaluate the driving record of prospective employees and volunteers by requiring them to provide a current Driving Record/Motor Vehicle Report. This allows the member to determine whether prospective employees and volunteers have good driving histories before extending an offer to those individuals where driving would be a job or volunteer function. Many members also enroll employees and volunteers who drive on agency business in the Department of Motor Vehicles (DMV) Pull Notice Program, which allows members to monitor driver’s license records of employees driving on the organization’s behalf. The monitoring helps improve public safety, determines whether a driver has a valid driver’s license, identifies problem drivers or driving behavior, and helps minimize an agency’s liability.

To assist in this area, the California JPIA recently launched Embark Safety as a new member resource for motor vehicle report monitoring. The Embark monitoring platform features include 24/7/365 web-based access to DMV driver record information, real-time motor vehicle record (MVR) notifications, driver color-coding to reduce the time spent evaluating driving records, violation decoding, driver management, and pre-employment MVR checks. The program is funded as a pooled cost, with no direct, out-of-pocket expenses.

Some members have also moved toward installing GPS tracking and speed control systems in agency-owned vehicles. Some private companies include cameras in company vehicles and have observed self-correcting of driver behavior in many instances. Any measures or policies being considered for implementation at a member agency should be discussed with risk management, human resources, and legal counsel.

The California JPIA offers an instructor-led Driver Safety course and a Safe Driving and Safe Driving of Commercial Vehicles – eLearning refresher training. For more information, contact the training division. Other resources available in the resource library include a vehicle use policy template, vehicle use documents, and vehicle inspection checklists. In addition, the policy template provides procedures for using agency-owned and privately-owned vehicles operated during agency business. Vehicle use documents include witness and information exchange cards, driver’s reports of accidents/incidents, and vehicle cards that establish proof of liability coverage for agency-owned vehicles.

A way to effect change is to set a personal example. This includes executives, managers, and supervisors. Member agencies should have a culture of safety, not fear, to have an effective vehicle use and agency-wide safety program. Safe driving is possible with proper awareness, training, and action. If you have any questions, contact your regional risk manager.

Many of our agencies have dealt with the effects of climate change, including drought, hillside collapse, wildfires, and, most recently, flooding from the onslaught of rain this winter. These events can cause significant property damage, infrastructure damage, economic losses, and insurance increases. Overall, climate change is a substantial threat to our way of life. Taking action to reduce greenhouse gas emissions and mitigate the effects of climate change benefits our members, their residents and businesses, and the earth.

One action members can take is planting trees. When our members take the time to plant trees and reduce the effects of soil erosion, they are enhancing their city’s resilience to severe weather events.

As a reminder, the California JPIA offers a tree inspection and maintenance policy template. This template contains guidelines to reduce public agency exposure to liability associated with trees, protect trees, and maintain trees’ public benefits, including improved air quality, reduced stormwater flow, habitat for wildlife, and reduced heat island effect. The template, available electronically in the library at cjpia.org, is accessible in Microsoft Word format so that members can make agency-specific modifications. For more information, members can contact their regional risk manager.

Thank you to all the agencies participating in Earth Month and Arbor Day activities.

• 24/7/365 web-based access to DMV driver record information.
  • The system is accessible via computer, tablet, or smartphone.
• Real-time motor vehicle record (MVR) notifications.
  • Notifications of accidents, violations, suspensions, and other record changes reported to the DMV are available daily.
• Drivers are color-coded to reduce the amount of time spent on evaluating driving records.
  • Green – no violations; the individual can drive on agency business.
  • Yellow – violations exist; review to determine if the individual violates the agency’s acceptable driving record.
  • Red – serious violations exist; this individual’s driving privileges should be immediately revoked.
• Violation decoding.
  • Violations referencing the CA Vehicle Code are automatically decoded and presented in plain English.
• Driver management.
  • Monitored drivers can be easily added or removed as needed.
• Pre-employment MVR checks.

The Authority fully funds this program as a pooled cost, so members have no direct, out-of-pocket expenses. Members are strongly encouraged to consult with their labor attorney to determine if this program triggers an obligation to meet and confer with any affected bargaining units.

“Embark has been great in monitoring the employees’ driving records and sending alerts for upcoming expiration issues. It is also very user-friendly and efficient,” said Aileen Vasquez, senior administrative assistant in the Human Resources Department at the City of Palm Desert. “Overall, using this service has been a great experience, and I would recommend Embark to other agencies.”

To help Authority members learn more about Embark Safety and how they can effectively implement the program within their agencies, the California JPIA and Embark Safety will host two educational webinars to review Embark Connect, the motor vehicle records monitoring software. The webinars will be held Tuesday, April 18, 2023, at 9:00 a.m. and Wednesday, April 26, 2023, at 1:00 p.m. Those interested in the April 18 webinar can register here. Those interested in the April 26 webinar can register here.

If you have questions or want to learn more about the webinars and the program, please email Senior Risk Manager Lucy Gonzalez.

Failure to comply with CANRA reporting requirements subjects a mandated reporter to criminal and civil penalties.

California Penal Code, Section 11165.7(a) provides a complete list of positions defined as mandated reporters. Thoroughly reviewing the list of positions and identifying your agency’s mandated reporters is advised. Employers must provide mandated reporters with a statement informing them of their obligations under the law (Penal Code §§ 11165.7, subdivision (c)(1); 11166.5, subdivision (a)).

Based on the face of the statute, the language may be perceived as ambiguous, and thus, interpretations may vary. Therefore, as a best risk management practice and to ensure that employees understand their responsibilities under the law, the California JPIA recommends that all designated mandated reporters receive child abuse and neglect identification and reporting training.

According to AB 1963, employers with five or more employees that employ minors must include training in child abuse and neglect identification and child abuse and neglect reporting.

Free mandated reporter training for general, childcare, law enforcement, and volunteers is available through the Child Abuse Mandated Reporter Training Project, funded by the California Department of Social Services and Office of Child Abuse Prevention. The California JPIA also offers instructor-led mandated reporter training. See below for details.

Classroom and Virtual Classroom Training

Mandated Reporter Training

This course provides participants with information and training related to the legal obligation of specific individuals to report the suspected abuse and neglect of children, seniors, and dependent adults. Training participants will learn about the types of abuse, signs of abuse, reporting obligations and procedures, protections afforded to mandated reporters, and ramifications of failing to report. A virtual option is also available for this session.

Mandated Reporter Training for Children’s Programs

This course provides participants with information and training related to the legal obligation of specific individuals to report the suspected abuse and neglect of children. Participants will learn about the types of abuse, signs of abuse, reporting obligations and procedures, protections afforded to mandated reporters, and ramifications of failing to report.

Resources

Mandated reporting policy templates are available in the resource library and are currently under review for updates. A separate notice will be released when the updated documents are available.

The California JPIA is committed to assisting member agencies and employees in following the requirements and understanding responsibilities under the law. The policy templates are intended to identify employees who are required to report child, elder, or dependent adult abuse under the law, set forth the timeline and procedures for making reports, identify safeguards for reporting parties, determine penalties for failing to comply with reporting obligations and establish additional obligations of the member and its employees and volunteers.

If you have questions, please contact your regional senior risk manager.

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at the workplace. It is essential for employers to have policies and procedures in place to prevent workplace violence, including training employees on how to recognize and report potential threats. To that end, the Authority has several active shooter training offerings and a Workplace Violence Prevention Policy and Plan template for members to use.

Resources

Workplace Violence Prevention Policy and Plan Template

Classroom and Virtual Classroom Training

Workplace Violence: From Threats to Active Shooters with Dr. Steve Albrecht

This 2-hour classroom training is designed to lay a critical foundation for providing a safe work environment. Factors that lead to violence, perpetrators of workplace violence (including external and internal contacts), acts of workplace violence, organizational factors that promote violence, and response protocols will be presented. The last hour of this training is presented in a format specifically designed for managers and supervisors. All general employees will be dismissed before the last hour begins. A virtual option is also available for this session.

Workplace Violence Awareness with Delwin Lampkin

This 2-hour class offers ways to help manage disruptive and aggressive behavior in the workplace. Workplace violence training will help reduce disruptive incidents, prevent workplace violence, lower the risk of injury, improve workplace relations, and reduce liability exposure. Create a safer work environment and decrease the chance of workplace violence in your organization. A virtual option is also available for this session.

Online Training (E-Learning)

Active Shooter, How to Survive

Acts of extreme violence have become all too common in today’s workplace. This online video training course demonstrates how to survive an active shooter situation and the best options to improve survival. Viewers see examples of ways to increase their chance of survival in the case of an active shooter in the workplace. This course shows learners how to evacuate, hide, and work with law enforcement during an active shooter incident. Use this training to educate employees about the best ways to protect themselves in the event of an active shooter.

If you would like to attend a training, contact your agency’s training registrar. If you have questions about the Workplace Violence Prevention Policy and Plan template, contact your regional senior risk manager.

“The STOPit Solutions program is designed to empower staff members at our agencies to report concerning behaviors or actions anonymously,” said Management Analyst Abraham Han. “It also allows administrators within an agency to be aware of difficult situations and proactively think through solutions before those situations become bigger or more problematic.”

Han notes that in addition to its many benefits, STOPit will offer immense support to administrators. Participating member agencies will be responsible for designating multiple in-house administrators to monitor reported incidents. In addition, STOPit will also provide certified response agents to monitor incidents and answer telephone hotline calls. The certified response agents will allow administrators to escalate issues quickly and effectively. Additionally, STOPit will provide members with a means for documenting steps taken when (and after) an incident is submitted.

To help Authority members learn more about STOPit solutions and how they can effectively implement the program within their agencies, the Authority will host a webinar on March 1 at 1:00 p.m. If you want to learn more about the webinars and the program, please email STOPit’s Director of Partner Relations Richelle Stanz or email Abraham Han.

Employers must record any new work-related injury or illness if it results in days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, significant injury or illness as diagnosed by a physician or other licensed healthcare professional, or death. Employers must record any incidents that aggravate a prior injury. Employers are also required to log COVID-19-related illnesses on the form. Cal/OSHA has published a Brief Guide to Recordkeeping Requirements.

OSHA has strict requirements for protecting the privacy of injured and ill employees. An employer shall not record the employee’s name on the OSHA 300 log for certain “privacy concern cases.” Instead, “Privacy Case” shall be entered in the space reserved for the employee’s name. OSHA defines a privacy concern case 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 if the employee voluntarily requests that their name not be entered on the log. The Authority recommends that all cases reference “Privacy Case” in the employee’s name fields, not just in privacy concern cases defined by OSHA.

Members participating in the Authority’s workers’ compensation program will receive an email from Athens, including a partially completed Form 300A with instructions for completing and posting the form. Members should follow the instructions and post a copy of the completed form by February 1, 2023. Forms 300 and 300A can also be obtained from the Cal/OSHA website.

For more information, please contact your regional risk manager

 

To date, 35 members have removed 96,964 trip hazards since the Authority established the sidewalk program in 2015. This averages to roughly 12,120 trip hazards removed across the membership annually. Over the same period, the Authority’s members have invested approximately $7.4 million into sidewalk inspection and maintenance efforts, lowering sidewalk-related risk exposures by reducing trip hazards. Members continue to be interested and participate in these efforts.

With the rising costs of services, the Authority anticipates a pricing increase in the master services agreement effective February 1, 2023. Members considering sidewalk inspection and maintenance services but want to utilize them at the current pricing are encouraged to immediately coordinate a timeline and strategy with their regional risk manager.

In addition to the current program, Authority staff is researching potential avenues to expand the sidewalk program effectively. As various elements are analyzed and determined to be viable, staff will present those ideas to the appropriate advisory committees for further review and discussion.

Any questions about the sidewalk program and its master services agreement can be directed to your regional risk manager or Management Analyst, Abraham Han.

Updated

Ergonomics Program
This program provides guidance for minimizing the risk of work-related musculoskeletal disorders and injuries. An ergonomics program is a collaborative effort that includes employees at all levels throughout the organization and is a part of the Injury and Illness Prevention Program (IIPP).

Policy Prohibiting Workplace Violence and Workplace Violence Prevention Plan
These templates set forth a sample policy prohibiting workplace violence with a separate plan addressing workplace violence prevention. Cal/OSHA requires the workplace violence prevention plan to be in writing and always available to employees and authorized employee representatives. The written plan may be incorporated into an agency’s written IIPP or maintained as a separate document. Members should confirm that the policy is consistent with the plan.

Drug and Alcohol-Free Workplace Policy
The purpose of this policy template is to promote and maintain safe and efficient working conditions free of drugs and alcohol and to discourage substance abuse by employees. A supplemental resource discussing legal concerns surrounding drug and alcohol testing in the public sector is Drug and Alcohol Testing by Public Sector Employers.

Vehicle Use Policy and Documents
The Vehicle Use Policy establishes procedures for using agency-owned and privately-owned vehicles while on agency business. Vehicle Use Documents include files that should be kept within agency vehicles and used as needed.

Earthquake Preparation
The purpose of this resource is to outline earthquake preparation and procedures to be followed in the event of an earthquake.

Dog Park Guidelines
This resource provides guidelines associated with the design, construction, and operation of dog parks, including a maintenance checklist in a fillable format.

Resources can be accessed and downloaded via the online “library” in the “resources” section of the Authority’s website. Resources are available in Microsoft Word for members to customize for agency-specific purposes.

If you have questions, please contact your regional risk manager.

All members have access to GAIC’s Eagle Eye cyber risk management platform. This platform includes the following three resources:

• Employee Insights. A shareable checklist to help employees remember and avoid the most common security errors.
• Security Scorecard. An instant scan of how hackers, vendors, and the public see your website from the outside. Note: Security Scorecard is a third-party service that requires members to create an account to access it.
• Security Roadmap. A multi-session questionnaire that compares member cybersecurity practices to the National Institute of Standards and Technology (NIST) Cybersecurity Framework. Upon completing the questionnaire, Security Roadmap provides recommendations for improvement and allows members to track progress.

To access these resources, complete the following steps:

1. Open a web browser and navigate to the Eagle Eye website.
2. Click “Create An Account” in the top right corner.
3. Complete the policyholder registration form. (Note: You will need to request the policy number and zip code from your regional risk manager.)
4. Click “Register” and follow the instructions to access Eagle Eye.

Members are strongly encouraged to take advantage of these resources as tools to improve cybersecurity practices and to increase the likelihood that the Authority will be able to obtain pool-wide cyber liability coverage in the future.

If your agency does experience a cyber incident, you should immediately call the GAIC crisis hotline at (877) 209-2009 or send them an email. GAIC will assign an incident coach – at no cost to members – to guide you through responding to the cyber incident. If additional services (i.e., forensic, restoration services) are necessary to respond to the incident, those are the responsibility of each member up to the applicable deductible.

Please contact your regional risk manager if you have any questions or would like additional information.

Employers (including local government agencies) may be liable for incidents arising out of workplace parties where alcohol is served. Courts evaluate different factors when deciding whether an employer is liable for an employee involved in an accident due to consuming alcohol at an employer’s function. Factors may include whether employees were required to attend, where the event was held, if guests were invited, whether employer business was discussed, and if the event was sponsored or planned by the employer or organized independently by employees.

In the 2013 ruling of Purton v. Marriott International, Inc., the California Fourth District Court of Appeal held the employer liable for a death caused by an employee who became intoxicated at a workplace party. The employee arrived home safely but left to drive a co-worker home. The employee then hit another car, killing its driver. The trial court granted summary judgment in favor of the employer because liability under the doctrine of respondeat superior ended when the employee arrived home. However, the appellate court reversed the decision and sent the case back for trial. The appellate court found that because the party benefited the employer by improving employee morale, the employer should be liable for the accident because the proximate cause of the injury (alcohol consumption at the party) occurred within the scope of employment.

The only way to avoid liability arising from serving alcohol at a workplace party is not to serve alcohol. However, if your agency does decide to serve alcohol, the following steps are recommended to minimize liability:

• Ensure that harassment prevention training has recently been provided and training records are up to date. Review your agency’s discrimination, harassment, retaliation prevention, and substance abuse policies before the event. Consider policies making clear that excessive consumption of alcohol at agency functions will not be tolerated. Policies may include specific examples of conduct that will not be permitted. If your agency’s policies do not address workplace social events, consider updating them accordingly. Also, remind employees about the dangers and consequences of drinking and driving. Policies should be communicated using various methods: email, paycheck stub memos, bulletin boards, meetings, etc. Signed acknowledgments of receipt and understanding of policies by employees should be obtained.
• Make clear to employees that attendance at agency social events is strictly voluntary and not a requirement of employment. This suggestion applies to whether or not alcohol is served.
• Limit the amount and types of alcohol to be served. For example, consider having a cash bar or providing a limited number of drink tickets per person. Sweet alcoholic drinks or punches make it difficult for an individual to know how much they have consumed. In addition, serve plenty of non-alcoholic beverages such as water, sodas, and juices.
• Close the bar one or two hours before the event is over and continue to serve food.
• Hold the event off agency premises at an establishment with professional bartenders and a valid liquor license. Professional bartenders know how to deal with guests consuming alcohol in excess. When hiring professional bartenders or caterers, ensure they carry appropriate general liability and liquor liability insurance. Do not allow employees to serve drinks to co-workers.
• Since workplace parties are typically social, limit the discussion of business and hold the event outside of business hours.
• Consider allowing family and significant others to attend. Inviting guests implies the event is social rather than business-related. In addition, employees are likely to be more reserved and less inclined to participate in offensive behavior. However, if customers or business partners are invited, the function is apt to be viewed as a business event.
• If inviting minor guests, do not serve alcohol.
• Do not allow employees to bring alcohol to an agency event.
• Provide alternative transportation (such as rideshare services) for employees leaving workplace parties where alcohol is served. Encourage employees to have a designated driver.
• Consider scheduling the party earlier in the day so employees are less inclined to drink excessively.
• Do not require non-exempt employees to perform functions at agency social events. This can help to avoid wage and hour claims.

Opinions vary about the wisdom of serving alcohol at workplace parties. Consult legal counsel for advice on your specific situation.

If you have questions, please contact your regional risk manager.

• Pre-employment review of applicant driver records
• Implementation of a Vehicle Use Policy
• Regular driver awareness training for employees and volunteers
• Enrollment in the CA DMV Employer Pull Notice (EPN) Program
• Accident investigation, debriefing, and retraining

The Authority has updated its Vehicle Use Policy template and Driver’s Report of Accident. Both are available in the resources section on the Authority’s website. Members are encouraged to update their internal documents consistent with these revised resources.

While the DMV has a mechanism to notify employers about violations by individuals enrolled in the EPN program, the system has limited functionality that makes it cumbersome and prevents members from obtaining timely and actionable driver record information.

The ability to effectively manage driving privileges – and to remove those privileges when necessary – is a critical element of every member’s driver risk management program. Authority staff researched various third-party vendor options to assist members in this regard. The main criteria for assessing potential business partners included the ability to continuously monitor driving records, experience working with public agencies, and ease of use. Ultimately, the Authority identified Embark Safety as its preferred business partner.

Features of Embark’s driver record monitoring platform include:

• 24/7/365 web-based access to DMV driver record information.
  The system is accessible via computer, tablet, or smartphone.
• Real-time motor vehicle record (MVR) notifications.
  Notifications of accidents, violations, suspensions, and other record changes reported to the DMV are available daily. Color-coded notification system.
• Green – no violations; the individual can drive on agency business.
• Yellow – violations exist; review to determine if the individual violates the agency’s acceptable driving record.
• Red – serious violations exist; the individual’s driving privileges should be immediately revoked.
• Violation decoding.
  Violations referencing the CA Vehicle Code are automatically decoded and presented in plain English.
• Driver management.
  Monitored drivers can easily be added or removed as needed.
• Pre-employment MVR checks.

Members should complete this short survey to sign up for the Embark driver monitoring service. An Embark Customer Success Manager will then assist with completing the sign-up process.

This program will be 100% funded by the Authority as a pooled cost. There are no direct, out-of-pocket expenses for members. Members are strongly encouraged to consult with their labor attorney to determine if the use of this program triggers an obligation to meet and confer with any affected bargaining units.

Please contact your regional risk manager if you have questions or want more information.

Application Process & Timeline

• DHS issued a Notice of Funding Opportunity (NOFO) this month. All funding requirements and details can be found at that link. The first deadline is Nov. 15, 2022.
• Estimated total funding of $1 billion budget in 2022: $185,024,069
• Minimum award size: $500,000
• A total of 56 grants are anticipated — one for each state and territory.
• Only states and territories are eligible to apply for grant awards under the SLCGP. (The tribal grant NOFO has yet to announced.)
• Local entities receive sub-awards through their states. At least 80% of funds awarded to states must go to local governments, with a minimum of 25% of the allocated funds distributed to rural areas.
• Eligible entities can submit an application via Grants.gov. Applications appear to have two minimum requirements: creation of a state Cybersecurity Planning Committee and a completed state Cybersecurity Plan.

Key Requirements: Cybersecurity Planning Committee & Plan
The minimum requirements as stated in the State and Local Cybersecurity Improvement Act are a state-level Cybersecurity Planning Committee and a Cybersecurity Plan.

The Planning Committee will identify and prioritize statewide efforts, including identifying opportunities to consolidate projects to increase efficiencies through partnership with at least one representative from relevant stakeholders, including:

• The eligible entity;
• If the eligible entity is a state, then representatives from counties, cities and towns within the jurisdiction of the eligible entity;
• Public education within the jurisdiction of the eligible entity;
• Public health; and
• Rural, suburban and high-population jurisdictions.

The Cybersecurity Plan is a statewide planning document that must be approved by the Cybersecurity Planning Committee and the CIO/CISO equivalent, be updated in fiscal 2024 and 2025, and contain the following components:

• Incorporate, to the extent practicable, any existing plans to protect against cybersecurity risks and cybersecurity threats to state, local or territorial owner or operated information systems
• Demonstrate input from local governments and associations of local governments, and outline individual responsibilities of the state and local governments in implementing the Plan [sic]
• Include all required elements outlined in Appendix C of the NOFO
• Outline the necessary resources and a timeline for implementing the plan and summary of associated projects
• Outline metrics to measure progress

Next Steps
Local governments should contact their governor’s office to determine the status of the state’s application process and how their community’s needs are being factored into the state’s plan.

Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.

Established in 2020 by professional California Firefighters, Fireline Defense offers assessment and consulting services to property owners regarding wildfire risks, prevention, and loss mitigation. As part of their service, professional firefighters perform in-field assessments to identify specific wildfire hazards and assign numeric risk scores to the assessed property using their Fireline Defense Index (FDI). The FDI gives points based on the severity of wildfire risk on a scale of one (poor) to 10 (excellent). After assessing a property, firefighters will recommend specific risk mitigation measures to help reduce the property’s risk of devastation by wildfires. Once these recommendations are implemented, Fireline Defense will reevaluate the property and provide a new FDI rating. A higher FDI score demonstrates reduced wildfire risk.

For the program’s first year, the California JPIA selected 19 member agencies with properties that scored above an 80 in the CoreLogic wildfire risk rating, presented significant value, and had occupant exposure. Unlike the FDI, a higher CoreLogic risk rating demonstrates an increased wildfire risk. The Authority partnered with the City of Big Bear Lake to test the program’s effectiveness.

“The Fire Line Defense program provided the City of Big Bear Lake with a detailed and beneficial report on areas in which the city could improve its defensible space to protect our city hall, which is typically a gathering point in the community during an emergency,” said Administrative Analyst Rachel Bowman. “As we are all familiar, California is especially at risk for wildfires, so the need for fire defense planning and protection services is critical for municipalities in California.”

Bowman notes that understanding and establishing defensible spaces within the city is crucial to mitigating risks from wildfires due to Big Bear Lake’s remote location, which can often limit access to resources during an emergency.

Following the program’s first year, the Authority will look at facilities rated 70 and above in the CoreLogic wildfire risk rating.

“As wildfire risks persist throughout California, we hope to continue providing wildfire prevention and risk mitigation services to ensure our members remain prepared to handle the effects of wildfires and other disasters,” said Leite.

To learn more about the new program, contact your regional risk manager.

The purpose of the manual is to guide the user in writing proper insurance specifications for contracts and obtaining insurance compliance. The manual also assists members in answering insurance specifications and indemnity questions and helps with processes and techniques for allocating risk using risk transfer principles.

Membership staff interested in learning more about reviewing a certificate of insurance and endorsements, what a waiver of subrogation is, recommended insurance requirements and provisions such as primary/noncontributory, etc., should reference the manual. For additional support on using the manual, contact your regional risk manager.

Why rescuers and experts recommend Drop, Cover, and Hold On:

• Moving during an earthquake puts you at risk: Immediately dropping to the ground allows you a chance to protect yourself. Otherwise, the quake may forcibly drop you, which may disorient you from taking the following steps to protect yourself further.
• Falling and flying objects pose a significant danger during an earthquake: If you cannot seek cover under furniture and hold on, lower yourself next to an interior wall and cover your head and neck with your arms.

When an earthquake strikes, the following procedures are recommended to reduce your chance of injury:

DROP where you are onto your hands and knees.

COVER your head and neck.

If a sturdy table or desk is nearby, crawl underneath it for shelter.

If a furniture item is unavailable, crawl next to an interior wall away from windows, stay on your knees and cover your head and neck.

HOLD ON until the shaking stops.

If you are under a table or desk, hold on to a furniture leg with one hand and use your other arm to cover your head and neck.

If you are next to an interior wall, stay on your knees and use both arms and hands to protect your head and neck.

This is also the time to review and evaluate work areas to confirm bookcases and cabinets are secured to walls, items stored on top of cabinets are removed and stored correctly, and chemicals are stored in secured cabinets. Additionally, check your earthquake supplies. Discard expired items, replace them accordingly, and confirm that staff knows the location(s) of the earthquake supplies.

After the drill, update your emergency preparedness plan and procedures based on lessons learned from the ShakeOut exercise.  Review the updated plans and procedures with all staff.

Practice, practice, practice!  Practicing reinforces the behavior. You will be more likely to react quickly when the shaking begins if you have regularly practiced how to protect yourself. Although California holds an annual Great ShakeOut event, it is beneficial to practice drills throughout the year to reinforce responsive and safe behavior in an emergency.

Resources:

CaliforniaJPIA Library

CaliforniaJPIA Emergency Preparedness & Fire Extinguisher Safety Training

Earthquake Country Alliance

OSHA’s Earthquake Preparedness and Response

Dept. of Homeland Security Ready-Earthquakes

American Red Cross

By taking advantage of available resources, including those offered by the California JPIA, members can prepare in the following ways:

1. Training: Emergency Preparedness, Earthquake Preparedness, Fire Prevention, CPR, and First Aid Training can mean the difference between life and death in an emergency. In-person and online training information is available by visiting the California JPIA website’s training page.

Members should be aware of specific trainings that are required to be completed to qualify for FEMA funds in the event of a disaster. The Emergency Management Institute (EMI) offers self-paced courses designed for those with emergency management responsibilities and the public in general. All are provided free of charge to those who qualify for enrollment. For a complete listing of courses, visit the FEMA training page.

2. Inspect for Safety: Inspect agency-owned facilities for emergency-related exposures, including clear evacuation routes, storage practices, securing furniture or other large objects from falling, proper lighting, and emergency supplies. Visit the California JPIA’s online resource library for various inspection checklists.
3. Develop Emergency Action and Fire Prevention Plans: Cal/OSHA-compliant programs should be in writing and cover the actions employers and employees must take to ensure employee safety in all emergencies. Elements of the plan include the following:
   1. Emergency escape procedures and emergency escape route assignments;
   2. Procedures to be followed by employees who remain in their positions to operate critical operations before they evacuate;
   3. Procedures to account for all employees after evacuation has been completed;
   4. Rescue and medical duties for those employees who can perform them;
   5. The preferred means of reporting fires and other emergencies;
   6. Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan;
   7. An employee alarm system that complies with Article 165 of Cal/OSHA’s Fire Protection Regulations;
   8. The types of evacuations to be used in emergency circumstances; and
   9. Training

Download an Emergency Action Plan template from the California JPIA’s online resource library.

4. Evaluate Applicable Insurance Coverages: Evaluate your agency’s coverage for emergency-related perils. The California JPIA’s property program includes all-risk coverage for real and personal property, with the option of adding earthquake and flood coverage for damages or loss of use due to these perils. Additional information can be found on the Authority’s insured programs page.

In addition to what is offered by the California JPIA, various resources are available from the Ready Campaign and the California Office of Emergency Services.

If you have any questions or need additional information or resources, please contact your regional risk manager.

Resource Update
The Wildfire White Paper provides recommendations and resources to aid in understanding and managing wildfire and post-wildfire-related risks, including coordinating resources, communicating with the community, and establishing and enforcing sound loss prevention and defensible space practices. The white paper was made available to members in March.

The Independent Contractor Agreement and Flowchart were revised to reflect the impact of Assembly Bill 5. The independent contractor agreement template was formerly known as the instructor/coach agreement but was changed to reflect its use for various types of independent contractors. The agreement and flowchart were made available to members in April.

The Vendor, Construction, and Professional Service agreement templates were reviewed, resulting in no significant changes, and were made available to members in May and June. As a best risk management practice, agreements should be assessed regularly.

These resources can be accessed and downloaded in the Library section of the Authority’s website, cjpia.org. Resources available in Word format allow members to customize for agency-specific policies and procedures.

If you have any questions, please contact your regional risk manager.

Valley fever can be managed and prevented through a formal respiratory protection program, in conjunction with taking the following steps to reduce worker exposure in areas with high incidence rates:

1. Minimize the area of soil disturbed.
2. Use water, appropriate soil stabilizers, or re-vegetation to minimize airborne dust.
3. Stabilize all spoils piles by tarping or other methods.
4. Clean tools, equipment, and vehicles before transporting offsite.
5. Provide air-conditioned cabs for vehicles that generate heavy dust and ensure workers keep windows and vents closed.
6. Suspend work during heavy winds.
7. If workers’ clothing is likely to be heavily contaminated with dust, provide coveralls, changing rooms, and showers where possible.

Encourage workers to report valley fever symptoms promptly to a supervisor and to follow agency procedures for reporting a work-related injury.

The California JPIA’s Respiratory Protection Training program offers information on valley fever, available at https://www.cjpia.org/risk-management/training. Additional resources can be found from the Centers for Disease Control and Prevention (CDC): https://www.cdc.gov/fungal/diseases/coccidioidomycosis/.

For more information, contact your regional risk manager.

• Provide training in child abuse and neglect, identification, and reporting to all agency administrators, employees, and regular volunteers.
• Perform background checks pursuant to Section 11105.3 of the CA Penal Code on all agency administrators, employees, and regular volunteers, and exclude any persons with a history of child abuse.
• Develop and implement child abuse prevention policies and procedures, including, but not limited to:
  • Policies to ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the CA Penal Code.
  • Policies requiring, to the extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with or supervising children.

While many members with youth-serving programs already meet these requirements, those who do not are strongly encouraged to take steps toward compliance. The California JPIA has resources to assist, including a Mandated Child Abuse and Neglect Reporting Policy template (available in the resource library) and Mandated Reporter Training in both classroom and virtual settings. Web-based training is also available through the Office of Child Abuse Prevention, California Department of Social Services.

Grooming is a process by which offenders gradually draw victims into a predatory relationship while maintaining that relationship in secrecy. Members are strongly encouraged to conduct training for employees and volunteers so they may recognize the grooming process and common grooming behaviors. While background checks are recognized as an effective method to screen out convicted abusers, many others have not been detected by the criminal justice system. Therefore, additional screening procedures are needed to exclude potential abusers from employment or volunteer opportunities.

Finally, members should also have a robust recordkeeping system designed to retain important records related to the agency’s child abuse prevention efforts.

If you have questions, please contact your regional risk manager.

To prevent playground injuries, it is essential for member agencies to routinely inspect the condition of their playgrounds, perform maintenance on equipment and surfacing, and investigate all reported hazards and incidents.

It is the responsibility of agency staff to facilitate a commitment to safe playgrounds by ensuring that defined inspection protocols are implemented. These protocols should include a documented Certified Playground Safety Inspector (CPSI) inspection of all playgrounds. The CPSI inspection is a requirement in California. It verifies that playgrounds are compliant using the American Society of Testing and Materials specifications and playground-related recommendations from the Consumer Product Safety Commission. Inspections are critical to ensure hazards are found by staff before injuries occur.

The most common hazard and threat of noncompliance on a playground is the surfacing, as more than 80% of playground injuries occur from falls. Playground surfacing, such as engineered wood fiber, poured-in-place unitary surfacing, and rubber tiles, can deteriorate and therefore need constant maintenance to ensure safety. Older playgrounds often have tall structures towering over a non-compliant surface of grass, sand, or pea gravel, which does not afford adequate impact attenuation for the fall heights of the equipment. Further, neither sand nor pea gravel meet Americans with Disabilities (ADA) requirements for accessibility. Note that all surfacing must comply with the Standard Consumer Safety Performance Specification for Playground Equipment for Public Use and ASTM F1292: Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment.

Playground structures can present protrusion, entanglement, and entrapment hazards. Slides, swings, bridges, and climbing walls can show obvious signs of wear and can present an injury risk. An effective inspection program should identify these hazards, but in some cases, a community member notifies the agency of an existing hazard. All notifications regarding the condition, accessibility, or safety of agency-owned playgrounds should be taken seriously and addressed as soon as possible. Records should be generated and maintained for all complaints, subsequent inspections, and corrective actions.

If an incident resulting in injury or property damage occurs, the agency’s risk manager should be notified immediately, and an investigation into the alleged incident should be conducted. The investigator should take photos of the incident location, and any equipment alleged to be defective should be obtained. It is important to obtain contact information for any injured party and witnesses. Also, their statements of events that resulted in the incident should be documented. If equipment failure is a causal factor, the equipment should be retained in a safe place and clearly labeled. Defective equipment involved in an incident should never be disposed of under any circumstance until any resulting claims/lawsuits have been resolved.

Creating a safe environment for children while they enjoy community playgrounds is of paramount importance, and spring is an excellent time of the year to review parks and playground program information, ensure that regular documented inspections are occurring, and attend playground safety courses. Parks and playground checklists, templates, and safety training can be found on the California JPIA’s website, cjpia.org.

For questions about playground safety, Authority members can contact their regional risk manager.

The law requires employers to provide outdoor workers with fresh water, access to shade at 80 degrees, and cool-down rest breaks when requested by a worker (in addition to regular breaks). Additionally, employers must maintain a written prevention plan with training on the signs of heat illness and what to do in case of an emergency.

Employers must develop, put in writing, and implement effective procedures for complying with the requirements of T8 CCR Section 3395. The Heat Illness Prevention Plan must include the following:

• Procedures for providing sufficient water
• Procedures for providing access to shade
• High-heat procedures
• Emergency response procedures
• Acclimatization methods and procedures

The Heat Illness Prevention Plan must be written both in English and in the language understood by the majority of employees. It must be available to employees at the worksite, as well as to representatives of Cal/OSHA upon request.

Members with outdoor workers must follow heat illness prevention requirements:

• Plan: Develop and implement an effective written heat illness prevention plan that includes emergency response procedures.
• Training: Train all employees and supervisors on heat illness prevention.
• Water: Provide drinking water that is fresh, pure, suitably cool, and free of charge so that each worker can drink at least one quart per hour and encourage workers to do so.
• Rest: Encourage workers to take a cool-down rest in the shade for at least five minutes when they feel the need to do so to protect themselves from overheating. Workers should not wait until they feel sick to cool down.
• Shade: Provide shade when workers request it or when temperatures exceed 80 degrees. Workers have the right to request and be provided shade to cool off at any time.

Cal/OSHA’s Heat Illness Prevention special emphasis program includes enforcement of heat regulations as well as multilingual outreach and training programs for California’s employers and workers. Details on heat illness prevention requirements and training materials are available online on Cal/OSHA’s Heat Illness Prevention web page and the 99calor.org informational website. A Heat Illness Prevention online tool is also available on Cal/OSHA’s website.

Members are encouraged to take advantage of the Authority’s E-Learning Training. The Authority has developed several e-learning safety courses that comply with Cal/OSHA safety requirements, including Heat Illness – Refresher Training. Additionally, the Authority has a Heat Illness Prevention Plan available in the Resource Library. Heat safety tips and resources are also available on the National Weather Service website.

For more information, please contact your regional risk manager.

• Ensure lifeguards are trained to follow specific operational and emergency procedures and possess current lifeguard and first aid/CPR certifications. In addition, regular in-service trainings provide lifeguards with simulated experiences of potential real-world incidents (victim retrieval, unruly patron intervention, etc.)
• Regularly inspect the pool, locker rooms, showers, and other areas of the facility to identify and correct hazards such as broken glass, bodily fluids, inappropriate behavior, etc.
• Ensure that rescue equipment such as backboards, rescue tubes, and throw ropes are readily accessible and that staff has been trained to use these devices effectively.

First Aid/CPR
Larger crowds coupled with an increase in temperatures during the summer months make it more likely that agency staff will have to respond to an ill or injured member of the public. Members can improve the odds of a favorable outcome by ensuring that key staff members are formally trained in first aid, CPR, and AED use. The California JPIA offers American Heart Association (AHA) first aid, CPR, and AED training to members at no additional cost. The AHA requires re-training every two years, so if it has been a while since your employees received this training, it would be good to review your records and determine if certifications have expired.

Special Events Program
Summertime also brings with it an increase in the number of special events hosted by public agencies. Event organizers or members of the public wishing to use member-owned facilities may have difficulty obtaining minimum liability insurance limits recommended by the California JPIA (typically $1 million per occurrence). The Authority’s Special Events Program can help with this issue since the program provides general liability insurance when member-owned premises are used for special events or short-term activities. Examples include weddings, art festivals, parades, yoga classes, and member-sponsored events such as fairs, carnivals, and swap meets. There is no deductible for this coverage, and members are automatically added as additional insured. For more information, visit the Special Events page of the California JPIA website.

If you have questions or would like more information, please contact your regional risk manager.

Establishing a human firewall is impossible without educating employees on the common types of cyber threats and how to avoid falling prey to malicious actors.

To assist members with this effort, the California JPIA recently provided virtual cyber security training. The training was divided into two segments: the first segment was intended for all agency staff, while the second was intended for members of cyber incident response teams and management responsible for information technology.

A recording of the training is available to view online. Slides are also available for both sessions:

• All Staff
• Incident Response Teams/IT Management

Members who were unable to attend the live training are strongly encouraged to view the recording along with the slide presentations.

The California JPIA has also developed a Cyber Security Self-Assessment Tool to help members evaluate the strength of their current cyber security posture. Taking steps to remediate any deficiencies identified in the self-assessment will better protect members against cyber security incidents.

If members have questions regarding the training or cyber security in general, they should contact their regional risk manager.

Updates to the manual include new content and revisions to existing content. New content consists of a limitation of liability discussion; sample design professional indemnity language; builder’s risk and installation floater explanations and transportation pollution and pollution liability insurance to the construction agreement; risk transfer topics of controlled insurance programs, livestock and equestrian liability, railroads, unmanned aerial systems, dial-a-ride, AB 5, and AB 2257 – independent contractors; and Live Scan under frequently asked questions.

Revisions include updates under other provisions and requirements to proof of insurance, duration of coverage, notice of cancellation, additional insured status, pass-through clause, and self-insured retention; umbrella or excess liability insurance; waivers of subrogation; separation of permits and facility use agreements; instructor agreement changed to independent contractor with additional requirements; public agencies agreements; cyber liability; environmental issues; bonds; participant waiver and release discussion and participant waiver; exemption from workers’ compensation form; and modifications to the coverage analysis matrix.

New Resource
The Agreement for Tree Maintenance Services template for agencies that contract with a third-party service provider for tree maintenance services is a new resource available to members. The template sets forth terms and conditions and an extensive scope of services exhibit to assist the member with determining the types of services to be provided.

Resource Update
Tree Inspection Guidelines are available to assist with mitigating liability exposure associated with trees and to provide for the care and protection of trees to maximize their benefits. The guidelines were established to assist with maintaining and inspecting public trees and supporting tree preservation efforts in construction and development areas.

These resources can be accessed and downloaded in the Library section of the Authority’s website, cjpia.org. Resources available in Word format are for members to customize to agency-specific policies and procedures.

If you have any questions, please contact your regional risk manager.

Third-party liability claims concern employment liability and bodily injury, personal injury, or property damage to a third party resulting from a member activity — including automobile liability and liability due to contractors or vendors hired by the member. Property claims concern first-party property, earthquake, mechanical breakdown of machinery, and first-party vehicle physical damage, meaning property owned by or in the member’s care, custody, or control. Other claims concern first- and third-party claims from the following programs: pollution, crime, cyber, special event, vendors/contractors, and foreign travel.

When successfully submitted, the forms are emailed to the Authority’s third-party administrators to begin the claim administration process, and an acknowledgment email is sent to the submitting member employee. Carl Warren and Sedgwick are the Authority’s third-party claims administrators for liability and property and other claims, respectively. All property and other claim submittals are also sent to the Authority’s liability and insured programs managers for review to ensure claims are appropriately matched to the corresponding coverage.

Workers’ compensation claims are supported through a button on our website that links the user directly to the Sedgwick intake system. Sedgwick is the Authority’s third-party administrator of workers’ compensation claims.

Contact your regional risk manager for questions about reporting claims or for more information on the new Report a Claim system.

Employers must record any new work-related injury or illness if it results in days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, significant injury or illness as diagnosed by a physician or other licensed healthcare professional, or death. Employers must record any incidents that aggravate a prior injury. Employers are also required to log COVID-19 related illnesses on the form. Cal/OSHA has published a Brief Guide to Recordkeeping Requirements.

OSHA has strict requirements for protecting the privacy of injured and ill employees. An employer shall not record the employee’s name on the OSHA 300 log for certain “privacy concern cases”. Instead, “Privacy Case” shall be entered in the space reserved for the employee’s name. OSHA defines a privacy concern case 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 if the employee voluntarily requests that his or her name not be entered on the log. The Authority is recommending that all cases reference “Privacy Case” in the employee name fields, not just in privacy concern cases as defined by OSHA.

Members who participate in the Authority’s Workers’ Compensation Program will receive an email from Sedgwick with a partially completed Form 300A with instructions for completing and posting the form. Members should follow the instructions and post a copy of the completed form by February 1, 2022. Forms 300 and 300A can also be obtained from the Cal/OSHA website.

For more information, please contact your assigned Risk Manager.