California JPIA Senior Risk Manager Jim Gross Passes

The California JPIA mourns the loss of Senior Risk Manager Jim Gross, who passed away on May 25, 2020, of complications from non-Hodgkin’s lymphoma.

Jim joined the California JPIA staff on September 10, 2002 and served as a senior risk manager for almost 18 years. He managed training, risk management, claims, and finance for members in Southern Los Angeles County and Orange County. He was a subject matter expert on issues relating to contracts, Cal/OSHA, and the Americans with Disabilities Act.

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“As one of the Authority’s first risk managers, Jim touched all of our members,” said California JPIA Chief Executive Officer Jon Shull. “He was not only a trusted voice in making risk management decisions, but also their friend. His values and vision will be missed by the Authority and its member organizations, and by me personally.”

A senior member of the risk management team, he experienced first-hand the growth of the California JPIA membership and the evolution of the risk management program. Jim’s institutional knowledge and industry experience helped establish the Authority as a leader in the self-insurance pooling community. He was a key participant in the development and implementation of the Authority’s Risk Management Evaluation process, the LossCAP Program, and the Lessons Learned in Litigation program.

“Jim was a valued colleague to whom other risk managers went for guidance and questions,” said Assistant Executive Officer Norm Lefmann. “We will miss his extraordinary knowledge and dedication to benefiting all members of the pool.”

Prior to his role with the Authority, Jim was a corporate risk manager at Western National Group. He was an alumnus of Humboldt State University, where he studied business management.

Jim, of Vista, enjoyed gardening, sailing, vintage cars, and spending time with his family and friends. He is survived by his wife, Betty, and son, James.

Plans for a service celebrating his life are pending.

Here to Help

On behalf of the Executive Committee and Authority staff, we hope this message finds you, your families, and the public you serve healthy and safe.

The COVID-19 pandemic has disrupted lives and adversely impacted all our communities in substantial ways and the totality of its impact on local government is far-reaching. Since the beginning, the Authority has placed a strong emphasis on meeting the needs of its members. That commitment remains unchanged, the Authority is here to help.

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As California continues to ease into reopening, many of you are planning for the safe reopening of your communities. The Authority’s risk managers have responded to questions about resuming agency operations, reopening trails, restarting parks and recreation activities, and keeping employees and the public safe. To assist with this effort, the Authority is making available a COVID-19 Exposure Control Plan template which provides a framework for achieving social distancing, regular cleaning and disinfection of facilities, use of face coverings, as well as other important workplace considerations. Members can download the document via the online “Library,” located in the “Resources” section of the Authority’s website.

On May 20, a panel of member agency city managers discussed leading and managing their communities during the current pandemic in “The City Manager Perspective on COVID-19” webinar. The panelists included:

• Dylan Feik, Monrovia
• Chris Freeland, Indian Wells
• Derek Johnson, San Luis Obispo
• Mike Killebrew, Dana Point
• Jim Lewis, Pismo Beach
• Thaddeus McCormack, Lakewood

The panel discussed challenges including revenues, employee wellness/displaced workers, homelessness; and strategies for reopening local government including cleaning facilities/public areas, resuming programs, community services, and cost cutting strategies. The discussion was informative and insightful. The recorded webinar is available here.

The Authority has long supported the League of California Cities in advancing local priorities in the legislature and in city halls throughout the state. The League has been in the forefront of the COVID-19 pandemic and has fought to ensure all cities have the resources they need to protect their communities. As shared elsewhere in this newsletter, the Authority is pleased to be a partner with others from local government, labor, and business in the League’s “Support Local Recovery: Vibrant Cities. Strong Economies” campaign to advocate for funding for cities to address COVID-19 impacts.

The Authority recognizes that members are faced with the reality of reduced revenues, cash flow issues, and long waits for state and federal assistance. We considered how we can assist members while maintaining our own prudent financial practices. In response, the Executive Committee approved a partial deferment of the annual contributions. The deferment will apply to the Liability and Workers’ Compensation programs. Members will have the option to pay their contributions in two equal installments. The first installment is due on July 15, 2020, and the second installment is due on January 1, 2021. If you have any questions, please contact Lam Le, Financial Analyst.

Over the coming weeks and months, the Authority’s core values of integrity, excellence, innovation, and teamwork will drive our stewardship of the members and their communities through the next phases of this pandemic.

Please call on our staff. We are ready and able to help you.

League of California Cities: Support Local Recovery Coalition

The Authority has long supported the League of California Cities. As a Platinum League Partner, the Authority and other League Partners collaborate with municipal decision-makers and elected officials to invest in advancing local priorities at city halls throughout the state. The League has been in the forefront of the COVID-19 pandemic and has fought to ensure all cities have the resources they need to protect their communities.

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The Authority is honored to announce its participation in the League of California Cities’ “Support Local Recovery: Vibrant Cities. Strong Economies” campaign coalition, joining forces with more than 160 representatives from local government, labor, and business to advocate for funding for cities to address COVID-19 impacts.

The coalition is calling on the state to provide $7 billion in direct and flexible funding to cities to support critical local services, as well as a portion of the state’s CARES Act funding to help cities address COVID-19 related expenditures, according to the League of California Cities. The coalition is also calling on the federal government to provide $500 billion in direct and flexible funding to local governments nationwide to support essential services, including police, fire, public works, permitting, and planning.

“The Authority has a longstanding tradition of supporting local government, and we remain steadfast in that support,” said Chief Executive Officer Jon Shull. “The COVID-19 pandemic has proven the vital role of local governments, and it is essential that appropriate funding is allocated to cities as they continue to address the pandemic and its impact.”

With support from the Authority and others of the campaign coalition, the League will continue to advocate for cities at the state and federal levels. As of a May 14 update from the League, a bipartisan, bicameral effort is being led by Sen. Michael McGuire (D-Healdsburg) and Assembly Member Jim Wood (D-Santa Rosa), urging the Governor to set aside a portion of the state’s CARES Act funding for local governments. At the federal level, a letter to U.S. House and Senate leadership requesting $1 trillion in direct and flexible relief to states and local governments, Governor Gavin Newsom and California legislative leadership said “without federal support, states and cities will be forced to make impossible decisions – like whether to fund critical public healthcare that will help us recover, or prevent layoffs of teachers, police officers, firefighters and other first responders.”

For additional information on the campaign and how to participate, visit the League’s “Support Local Recovery” webpage.

Save the Date: Annual Risk Management Educational Forum Goes Virtual

In last month’s edition of The Authority, we asked you to “save the date” for the 25th annual Risk Management Educational Forum this October. Now, we find that COVID-19 has indelibly altered the landscape of the communities within which we live and work. Amid the uncertainty suffuses this extraordinary time, we want to apprise you of current plans for the Forum.

First and foremost, our priority continues to be the health and safety of our staff and families, our members, and the public we serve. We are proud to support our member agencies as they advance and inspire their communities.

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With that in mind and the need for proactive guidance greater than ever, we remain committed to bringing you the best in risk management education by providing not only instruction from the sharpest minds and experts but also insight from others who share in local and civic duty. That is why we will create the premier virtual Educational Forum, which will transition from an in-person gathering to a fully digital experience. This action fulfills two critical objectives: to educate and empower our member agencies with important information and to mitigate the spread of COVID-19 in our member communities.

So, we ask you again to “save the date” for October 2020, with exact dates being determined soon. As your public agency partner, we are positioned to help you confront the challenges you now face. Over the coming weeks and months, watch for more updates regarding the 2020 Risk Management Educational Forum and our plans to help you and your staff better manage the risks of our day.

Safe Return to the Workplace

As local government agencies across California have temporarily altered operations due to the coronavirus pandemic, employee work lives have changed. Some employees quickly adopted telework postures and working from home environments. Some have continued working at city hall and other administrative offices that are largely closed to the public, while others such as public safety and public works staff have continued to provide essential services in close proximity to the public. And ultimately, the impact of the economic downturn caused by the COVID-19 pandemic has forced layoffs and furloughs of local government employees.

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As California continues to progress through the state’s COVID-19 Resilience Roadmap, members are considering how to return employees to the workplace.

To assist with this effort, the Authority is making available a COVID-19 Exposure Control Plan template which provides a framework for achieving social distancing, regular cleaning and disinfection of facilities, use of face coverings, as well as other important workplace considerations. Members can download the document via the online “Library,” located in the “Resources” section of the Authority’s website.

In addition to these items, other less apparent factors should also be considered. Authority staff recently participated in a webinar entitled Getting People Back to Work, Safely presented by insurance broker, Gallagher Bassett. During the webinar, the following suggestions were made:

• Consider returning management and supervisory staff in advance of line staff for the purpose of orientation to the agency’s Exposure Control Plan and applicable safety programs. For example, new cleaning solutions introduced into the workplace for the purpose of killing coronavirus trigger an obligation to educate employees regarding the hazards of these chemicals.
• Encourage supervisors to closely observe employees upon return and positively reinforce compliance with the agency’s Exposure Control Plan. Likewise, non-compliance and other negative behaviors should be immediately addressed.
• Consider the effect of the pandemic on employee mental health. Reorient supervisors to the agency’s Employee Assistance Program (EAP) and encourage them to share this important resource with their staff.
• Consider a physical and mental “work hardening” approach. Employees may not have the capacity to return to pre-pandemic productivity levels immediately. A gradual ramping up of duties and responsibilities prioritizes employee physical and mental health and reduces the likelihood of workers’ compensation claims. This is particularly important for employees who are returning to perform heavy physical work.
• Consider that policies, programs, and procedures related to COVID-19 may need to be tailored to different employee populations. For example, public safety and public works staff may not be able to practice social distancing in the same manner as administrative staff. Every policy, program, and procedure should include a certain amount of flexibility to account for this.

Members can access a recording of the Gallagher Bassett webinar mentioned above at the following link: https://event.on24.com/wcc/r/2323334/F8608A6BB99EAE85E4E3621ECC81FB95?mode=login&email=amellor@cjpia.org

If you have additional questions, please contact your assigned Risk Manager.

Governor Newsom Announces Workers’ Compensation Presumption for COVID–19

On May 6, 2020, Governor Newsom signed Executive Order N-62-20, which creates a presumption for workers’ compensation benefits for employees who contract COVID-19. While as many as eight other states have recently established rebuttable presumptions that certain workers with COVID-19 have valid workers’ compensation claims unless the employer can prove the employee contracted the virus outside of work, this is the broadest presumption ever enacted in California’s workers’ compensation system and it covers employees regardless of the type of work they perform.

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Under the existing California workers’ compensation system, employees need to present some medical evidence that their illness or injury was related to work in order to qualify for benefits. To meet that important threshold, they need to establish some reasonable factual basis for asserting that the workplace caused their illness or injury.

However, the executive order turns that analysis on its head. Instead, if any “covered worker” contracts COVID-19, it would be automatically “presumed” to be work-related without the employee having to provide any further proof.

The following summarizes the criteria that must be met for an employee to qualify for the presumption:

1. If an employee working at a physical place of work (not working from home) is diagnosed with COVID-19 within 14 days of being at work, this condition is presumptively considered to be industrial in nature.
2. The diagnosis must be made by a physician who holds an active physician and surgeon license from the California Medical Board and the diagnosis must be confirmed by further testing within 30 days of the diagnosis.
3. This order pertains to any employee who was at a physical place of work anytime between March 19, 2020 and July 5, 2020.

This order creates an additional change to the current workers’ compensation system. One of the noteworthy changes is that the claims administrator has 30 days to deny the claim or it is presumed compensable. The claim may later be denied if evidence is discovered that was not available during the initial 30-day period. It is worth noting that discovery, including retrieval of medical records, often takes longer than 30 days.

The order also states that any paid sick leave benefits afforded as a result of COVID-19 (such as the Families First Coronavirus Response Act) shall be exhausted before temporary disability or Labor Code 4850 benefits shall be paid.

Although this presumption is rebuttable—meaning you can controvert this position with other evidence—presumptions are very difficult to rebut, and it is likely to be a high burden for employers to meet. Since COVID-19 is such a new condition, there is no clearly defined standard as to what evidence is necessary to rebut this presumption.

If you have any questions about Executive Order N-62-20, please contact Jeff Rush, Workers’ Compensation Program Manager.

COVID–19: Parks and Recreation Facilities

COVID-19 has impacted all areas of public sector operations, especially parks and recreation. Members and their communities have been impacted by the cancelation of special events, suspension of public gatherings, cancelation of recreation programs, and closure of playgrounds, community centers, libraries, and senior centers.

As members contemplate reopening playgrounds and resume recreation operations, it is important to understand relevant local and state orders in place for the health and safety of community members and staff. At publication time of this newsletter, the state is in early phases of Stage Two of the Resilience Roadmap. Gradually, more public spaces are being opened and school and childcare facilities will be resuming operations, with significant modifications. Some summer programs may be scheduled to start as guidance is issued. Despite the progress, playgrounds, community centers, libraries, pools, and picnic areas remain closed.

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As the situation evolves and progress is made in resuming operations, members are tasked with following new guidelines to slow the spread of COVID-19. Now is the time to prepare for reopening by carefully reviewing parks and recreation specific guidance for implementation. The following are several resources to help members prepare to resume operations (Note: This list is not exhaustive, and guidance is evolving continuously)

American Camp Association

Camp Operations Guide Summer 2020

Centers for Disease Control and Prevention

Child Care, Schools, and Youth Programs

Cleaning and Disinfecting

Considerations for Public Pools, Hot Tubs, and Water Playgrounds During COVID-19

Considerations for Youth and Summer Camps (updated May 19, 2020)

Guidance for Administrators in Parks and Recreational Facilities

Visiting Parks and Recreational Facilities

Considerations for Youth Sports

Parks and Recreational Facilities

Print Resources

Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes

Other resources include the National Recreation and Park Association Coronavirus Disease 2019 (COVID-19) web page, which includes guidance, infographics, and other resources for park and recreation professionals on slowing the spread of COVID-19. In addition, information is available on devising plans for reopening which focus on public health and safety. The California Park and Recreation Society also has COVID-19 tools available for its members.

In response to COVID-19 risks, the Authority revised its participant waiver template. The revision includes communicable diseases, illnesses, and viruses, and as understood and assumed risks. This language is broad and is meant to address concerns related to the current COVID-19 pandemic and any future communicable diseases, illnesses, and viruses. Members are encouraged to update their agency’s participant waivers prior to resuming parks and recreation operations.

Also available is a new participant waiver template for virtual classes that includes specific references to risks associated with participating in virtual classes and events. The virtual class template also includes communicable diseases, illnesses, and viruses, as understood and assumed risks. All templates are available in the resource library on the Authority’s website.

Consult with your agency’s legal counsel when revising your agency’s participant waivers. If you have any questions, contact your assigned Risk Manager.

The Authority extends its sincere gratitude and appreciation to all member agency staff for your work and contributions to the public sector, especially during the COVID-19 pandemic.

Operating Public Swimming Pools in the COVID–19 Environment

Swimming pools and aquatics-related recreation attractions will likely provide cool relief as communities transition away from shelter-in-place orders. Preventing recreational water illnesses, including the virus that causes COVID-19, presents a multi-faceted issue that requires the participation of agency staff, swimmers, and public health departments. As of this writing, there is no evidence that COVID-19 can spread to people through the water used in pools, hot tubs, or water playgrounds. Proper operation and disinfection of pools, hot tubs, and water playgrounds should kill the virus that causes COVID-19.

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While the potential for ongoing community spread of COVID-19 remains, it is important for owners and operators of aquatics facilities to take steps to ensure health and safety:

• Everyone should follow local and state guidance that may determine when and how recreational water facilities may operate.
• Individuals should continue to protect themselves and others at recreational water venues both in and out of the water. For example, practice social distancing and good hand hygiene should remain in practice. For more information on this, including resources from the CDC, click here.
• The agency should require recreation waivers be signed by participants and parents/guardians prior to them participating in any recreational activity. Sample waivers have been revised and are available in the Resources and Library Section of the Authority’s website.

Open swim activities can be present challenges for implementing effective waiver requirements. If your agency has an open swim program, consider implementing an annual membership format whereby participants agree to pool rules and acknowledge the risk of participating in these activities through a waiver system at the beginning of the season.

• Keep swimming pools properly cleaned and disinfected.
  • Maintain proper disinfectant levels.
  • Take important steps prior to reopening pools and aquatics centers. Stagnant or standing water can cause conditions that increase risk for Legionella and other bacteria. The CDC provides specific guidance for reopening buildings after a shutdown.
  • The CDC’s Model Aquatic Health Code has more recommendations to prevent illness and injuries at public pools in parks. The Model Aquatic Health Code is a voluntary guidance document based on science and best practices that can help local and state authorities and the aquatics sector make swimming and other water activities healthier and safer.
• In addition to ensuring water safety and quality, owners, operators of community pools, hot tubs, spas, and water play areas should follow the interim guidance for businesses and employers for cleaning and disinfecting their community facilities.

The following links provide additional resources regarding COVID-19 and water safety:

Water and COVID-19 FAQ’s

Considerations for Public Pools, Hot Tubs, and Water Playgrounds During COVID-19

CDC Guidance about Healthy Swimming and Operating Public Swimming Pools

California JPIA’s COVID-19 Resources

If you have any questions, please contact your agency’s assigned Risk Manager.

Families First Coronavirus Response Act: Quick Reference

With the adoption of the Families First Coronavirus Response Act, employers have even more obligations to balance the various leave and disability laws, including the new Emergency Family Medical Leave Act (EFMLA) and the Emergency Paid Sick Leave (EPSL). In addition, employers must continue to be mindful of obligations under existing laws, including the Healthy Workplaces, Healthy Families Act (HWHF), Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and employer-provided accrued paid leave and unpaid leave. Finally, employers may have related disability obligations under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA).

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This chart summarizes potential considerations that arise from various COVID-19-related situations. Employees are not necessarily entitled to each of these leaves/benefits, but employers should consider them according to the terms of their policies on a case-by-case basis.

State of the 2020 Academies

In March, we informed you of initial steps the Authority was taking regarding canceling training in response to the coronavirus pandemic. With the ongoing state and local COVID-19 teleworking and social distancing protocols, the Authority is further suspending all academies that are carried out at offsite venues.

The following academies have been affected:

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• Leadership Academy, March 24-26, 2020
• Executive Academy, April 6-8, 2020
• Human Resources Academy, April 21-23, 2020
• Newly Elected Officials Academy, May 31-June 2, 2020
• Public Works Academy, June 16-18, 2020
• Management Academy, September 28-October 1, 2020

The Authority’s training team has yet to determine when these academies may be rescheduled, but will do so when appropriate and possible in accordance with state and local guidelines.

Members are encouraged to take advantage of the Authority’s E-Learning Training. These trainings provide members access to learning on-demand, anytime or anywhere. The E-Learning catalog offers numerous topics on wide-ranging subjects and the Authority is continuing to develop online training courses as a resource to members.

For additional information about the Authority’s training content or how we can help your agency with training during this challenging time, please contact Ryan Thomas, Training and Loss Control Specialist or Michelle Aguayo, Training Coordinator.