Newsletter

Risk Management Educational Forum: Risk Management Confidential

Ladies and gentlemen, prepare to be transported back to an era of fedoras, detectives, and foggy alleyways. It’s time to dust off your trench coats and sharpen your wit because the California JPIA’s 29^th Annual Risk Management Educational Forum is coming to town—October 9–11, 2024, at the Hyatt Indian Wells.

The Forum theme is Risk Management Confidential, a noir-esque foray into uncertainty and intrigue. Much like Sam Spade, you’ll be required to use your grit and gumption to navigate the world of risk management, where every step could lead to unforeseen dangers.

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This year’s Forum promises twists and turns that would make even the most hardened gumshoe break a sweat. Fear not, however, as you can find solace in the California JPIA’s seasoned sleuths. With the Authority at your side, members can confront any challenge with steely resolve. From the insightful keynote speaker to industry experts, attendees will explore the realms of legal liability, workers’ compensation, employment law, public safety, organizational dynamics, governance, and legislative minefields.

Be sure to extend the invitation to your pals. Registration comes at no cost for Authority members.

Stay tuned for additional information about registration, sessions, and speakers over the coming months. Visit our Risk Management Educational Forum website page for more details.

Save the date – it promises to be a pulse-pounding escapade!

Responding to Catastrophic Injuries in the Workplace: A Guide

In the unpredictable world of workplace incidents, the California JPIA recognizes the critical importance of preparation and swift response when faced with catastrophic injuries. Workers’ Compensation Program Manager Jeff Rush is the Authority’s expert on navigating these challenging situations. At the 2023 California JPIA Risk Management Educational Forum, the City of Azusa’s City Manager, Sergio Gonzalez, Police Captain Robert Landeros, Director of Administrative Services, Talika M. Johnson, and Rush outlined their recommended catastrophe response strategy.

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“The key to an effective response is doing what you can to plan in advance,” said Rush. “Knowing who you’re going to call and who your resources are is the first step to ensure that your employees are cared for when the unexpected happens.” Read on to learn about Rush’s checklist to guide employers through the process of catastrophic injury response.

Plan:

You should know who to contact if an employee sustains a potentially catastrophic injury. After confirming that the employee has been referred for the appropriate medical treatment, you should contact Jeff Rush and your designated claims examiner at Athens Administrators. Jeff will implement the Authority’s Catastrophic Claim Response Plan on your employee’s behalf.

Immediate Actions:

The primary benefit of the Catastrophic Claim Response Plan is the immediate assignment to a nurse case manager. The nurse will lead the communication between the employee and their family, coordinate the employee’s medical treatment, and communicate pertinent information to the employer, Athens, and Authority staff.

Jeff Rush will work to coordinate a meeting with the employee and/or their family as soon as practicable. This meeting aims to educate the employee and their family about the next steps regarding their medical care, indemnity benefits, and the additional support available during their recovery.

The assigned Athens examiner will also notify the Authority’s reinsurer, Safety National, following our policy reporting requirements.

Ongoing Actions:

Depending on the severity of the employee’s injury and the complexity of their medical treatment, follow-up meetings may include their nurse, Athens examiner, Authority staff, and the employer.

Another important consideration is the potential involvement of an attorney. If the employee retains an attorney, this will preclude their Athens examiner from contacting them, and their attorney may request the nurse cease communication with the employee. This does not prevent the nurse from continuing to monitor the employee’s medical treatment even if communication with the employee is not possible. The nurse will often continue to monitor the employee’s recovery until their condition stabilizes and they reach maximum medical improvement (MMI). In some cases, this can take a year or longer.

The employer should also consider FEHA requirements and initiate an interactive process with the employee. The employer should monitor updates from Athens and the nurse case manager so the most current work restrictions can address the employee’s ability to perform their usual and customary work or modified duty.

Catastrophic claims require additional attention, and the Authority has the resources to assist members and help their employees get the best result possible.

Rush also led a presentation titled “Is Your Pool Ready for a Workers’ Comp Catastrophe?” at the Association of Governmental Risk Pools (AGRiP) Governance Conference in early March. Rush is available to all California JPIA members via email if you want to learn more about this topic.

The California JPIA Reflects on 3 Years of Partnership with Fireline Defense

To mitigate wildfire threats, the California JPIA has partnered with Fireline Defense, LLC, to conduct wildfire risk assessments for member agencies. These assessments have located wildfire exposures and paved the way for targeted mitigation measures.

“We started analyzing wildfire risk more holistically after the Thomas Fire hit Ventura County in 2017,” said Senior Risk Manager Tim Karcz. “Once wildfires began encroaching upon our members’ properties, we realized this is an issue we needed to wrap our heads around.”

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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; once these recommendations are implemented, the Fireline Defense team reevaluates the property and its FDI rating.

The California JPIA began working with Fireline Defense in 2021, selecting 19 members with properties deemed to have a high level of wildfire risk (quantified by a CoreLogic risk rating of 80 and above). After completing this initial round of assessments, the Authority has expanded the program to include evaluations of properties with a CoreLogic risk rating of 60 and above.

In fiscal year 2022–23, the Fireline Defense team visited 23 California JPIA members, assessing wildfire risks at 114 structures. These evaluations produced a wealth of information, including 781 specific recommendations aimed at mitigating wildfire hazards.

The most common recommendations were issued in defensible space, structure defense, and significant risk. Defensible space recommendations took the lead, composing more than 50 percent of the recommendations. The most common category notes included the removal of dead vegetation, the use of non-combustible landscape materials, and the reduction of heavy fuel loads around structures. The Fireline Defense team noted the importance of consistently monitoring defensible space: “After all, even after initial mitigation efforts are completed, vegetation grows back,” observed Karcz.

Fireline Defense also produced 295 recommendations related to structure defense. The most issued included the use of non-combustible building materials, double-pane window glass, and fire-resistive siding.

The third most common category, significant risk, encapsulated geography-related conditions not limited to a specific property. Unfortunately, considerable risk mitigation is difficult to achieve; however, improving defensible space, structure resiliency, and community education are still essential measures that should be taken considering considerable risk factors.

“One thing that surprised me was the sheer number of member properties that should be assessed for fire risk,” said Karcz. “The Authority’s partnership with Fireline Defense has exceeded our expectations.”

Following members’ consideration of the recommendations, Fireline Defense stands ready to conduct follow-up risk assessments, providing updated scores and descriptions to share with property insurers. As the recommendations are implemented, the Authority will pursue improved insurance coverage terms and conditions for its members.

“Getting the information and the action items for managing wildfire risk into the hands of our members is critical, and we’re proud to provide our members with this high level of insight and expertise,” said Karcz.

Vigilant monitoring of defensible space recommendations will play a pivotal role in fortifying California communities against the escalating threat of wildfires. For further details or inquiries, members are encouraged to contact California JPIA program experts Tony Leite and Tim Karcz.

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

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 incidents

New Training Course—Online Ethics Training for Local Agency Officials

California state law, known as AB 1234, requires training in public service ethics law for certain elected and appointed local officials. Training is required within one year of assuming office and every two years while in service. Training must be two hours long and cover specific content outlined by the state Attorney General’s office.

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The California JPIA is happy to announce that we have developed and made available a self-paced training for local agency officials in the Authority’s learning management system, myJPIA.

This course is designed to meet the AB 1234 mandate. Topics include laws relating to personal financial gain by public servants, perquisites of office, government transparency laws, and laws about fair processes.

For further information about scheduling this or other trainings offered by the California JPIA, please contact our training division.