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12.01.03- Notification of Risk Mgr-Loss Reporting of Injuries CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 12 Risk Management Policy No. 12.01.03 SECTION: 01 Risk Management Policy Manual Page: 1 of 6 SUBJECT: 03 Notification of Risk Management/Loss Reporting of Injuries, Accidents, and Incidents PURPOSE OF REPORTING: Reporting is a basic and essential part of an effective risk management and loss control program. Since every incident and accident includes a sequence of contributing causes, it is possible to avoid a repeat performance of the first event by recognizing and reducing or eliminating these causes. The removal of a single cause can prevent recurrence. Timely and complete reporting facilitates incident investigation and may also preserve and protect the health and safety of injured persons and the resources of the City. DEFINITIONS: Industrial Injury is defined as a personal injury arising out of, and in the course of, employment with the City of Boynton Beach. Occupational Illness is defined as a disease caused by certain hazardous conditions or materials when there is a direct causal connection between the conditions under which the work is performed and the occupational illness. Accident is defined as an unintentional event that results in loss, injury, damage or harm to persons or property. Incident is defined as an event, intentional or unintentional, that resulted in or contributed to or could have resulted in or contributed to loss, injury, damage or harm to persons or property from fire, theft, vandalism, weather, etc. REPORTING POLICIES – INDUSTRIAL ACCIDENT/INJURY: 1. All industrial injuries and illnesses, no matter how minor, shall be reported promptly to the immediate supervisor as soon as physically able and no later than the end of the immediate shift. 1 2. All industrial injuries and illnesses which require treatment by a physician shall be reported as soon as possible by telephone to Risk Management. Injuries and illnesses requiring hospitalization shall be reported to Risk Management. After hours notification will be made through the OOPS Line (742-6677). 3. The immediate supervisor shall record all appropriate information that will facilitate a thorough investigation of the accident. 4. The injured employee and immediate supervisor shall complete all required reports in a timely manner. 5. Employees shall cooperate and assist in the reporting and gathering of accident and injury data. 6. All injured persons shall receive medical attention as described in Industrial Injuries and Illnesses Policy (APM Policy No. 12.01.02). 7. The Risk Manager is to be notified immediately in the case of a fatality or multiple injuries requiring hospitalization. 8. In the event of a fatality, notification of next of kin, or those persons so designated by the employee in the event of an emergency, shall be coordinated through and approved by the City Manager’s Office. 9. The Risk Manager shall be the prime contact between the City and the State for industrial injury claims. 10. All injuries are to be considered “alleged injuries” if they are suspicious in nature, not witnessed, reported late or of a non-visible nature. 11. The Incident Review Board shall review all industrial accidents and injuries and determine preventability or non-preventability on the part of the employee. The Incident Review Board shall not recommend disciplinary action but will forward the result of the review to the employee and the department manager. The department manager shall determine whether disciplinary action is necessary. REPORTING POLICIES – VEHICULAR COLLISIONS: 1. All vehicular collisions involving City vehicles or personal vehicles used on City Business, no matter how minor, shall be reported promptly to the Communications Center for notification of the department involved and Risk Management. 2. Any time an accident causes injury which requires treatment by a physician, the injury shall be considered an industrial injury and the same procedures for medical treatment and reporting shall be followed (See APM Policy No. 12.01.02). 2 3. All collisions involving City vehicles or personal vehicles on official business will be reported to and investigated by a police agency. If occurring outside the City of Boynton Beach, the collision will be investigated by the police agency having jurisdiction. If inside the City limits of Boynton Beach, the collision will be investigated by the Boynton Beach Police Department. Investigation of Police Department accidents will be assigned by the Chief of Police and investigation shall be supervised by someone of a higher rank than the person involved in the accident. 4. Photographs of the damage to property, both City-owned and non-City owned, shall be taken by the Police Department at the accident scene when possible. 5. The Incident Review Board shall review all vehicle accidents and determine preventability or non-preventability on the part of the employee. The Incident Review Board shall not recommend disciplinary action but will forward results of their review to the employee and the department manager. The department manager shall determine whether disciplinary action is necessary. 6. The involved employee, if physically able, shall call for a police officer, as provided in the reporting policies. The employee shall also request that all parties, witnesses and properties concerned remain at the scene of the accident, if physically able, until a law enforcement representative has released them. 7. Each employee shall refrain from making statements regarding the accident with anyone other than the investigating officer, employer’s officials and employers or personal insurance company representatives. Statements shall be confined to factual observations. 8. A copy of all police reports and any statements attached thereto will be forwarded to Risk Management within 48 hours. Risk Management will proceed with any and all claim filing. 9. The involved department shall complete accident investigation forms and submit to Risk Management within 48 hours. 10. Damage to the vehicle shall be reported to Risk Management, who will transmit copy of the damage cost request to the Public Works Department and authorize final repair. REPORTING POLICIES AND PROCEDURES – PROPERTY DAMAGE OR LOSS: 1. All damage to, or loss of City property due to fire, theft, loss, vandalism, weather, etc., shall be reported to the immediate supervisor and Risk Management within 48 hours, using an Incident Report Form. This includes damage to buildings, grounds, infrastructure, signs, equipment, tools and supplies, etc. 3 2. In case of fire, severe weather, or excess damage to property, the Risk Manager shall be notified immediately. If after hours, notification will be made through the Communications Center. 3. The immediate supervisor shall record all appropriate information that will facilitate a thorough investigation of the loss. Where appropriate, the Fire or Police Department shall be notified. 4. Employees shall cooperate and assist in the reporting and gathering of loss data. 5. If the loss is insured, Risk Management shall file with the insurance carrier and cooperate in any rights the carrier may have to subrogation. 6. If the loss in uninsured and liability may rest with the person(s) causing the loss, Risk Management shall file a claim for damages with the appropriate party and monitor said claim until such resolution is made. 7. Vehicle collisions shall be reported as provided in the vehicle collision section. INCIDENT/LOSS INVESTIGATION: INDUSTRIAL INJURY, VEHICULAR COLLISION DAMAGE AND CLAIMS PURPOSE OF INVESTIGATION: The purpose of incident investigation is to prevent repeat incidents by learning causes so that corrective actions can be taken to implement needed physical changes, improve operating procedures, improve safety and supervision, upgrade training and reduce the probability of a repeated event and the resulting loss of human and economic resources. INVESTIGATION POLICIES: 1. Upon the request of the attorney, Risk Management shall investigate all incidents as soon as possible after the incident has occurred. The depth of the investigation shall be commensurate with the potential severity of the incident. 2. All employees shall fully cooperate and assist in the investigation as needed. 3. It is the policy of the City of Boynton Beach not to discuss the details of an investigation with anyone other than Risk Management, the attorney, the Police Department or persons(s) authorized by the Risk Manager. 4. It is the policy of the City of Boynton Beach not to admit liability or state the City will take care of damages, etc. while making an investigation. 4 5. It is the policy of the City of Boynton Beach to be fully upright and honest in all incident investigations. REPORTING PROCEDURES: LIABILITY, INCIDENTS, CLAIMS, RECOVERIES: 1. All incidents and accidents, no matter how minor, which result or may result in a liability claim against the City of Boynton Beach, or give the City a liability claim against others, shall be reported promptly to Risk Management. 2. The Risk Manager will be notified immediately of the following incidents: Utilities – major water main breaks, major sewer backup and severe flooding conditions that affect life or property. Fire – “Major” house fires and all commercial/industrial-building fires. Police – Killings, manslaughter, barricaded gunman or shootouts which involve any of the City’s police officers; or any incident which should be investigated at the time of the incident and/or which could result in a civil claim against the Police Department. 3. The immediate supervisor shall record all appropriate information that will facilitate a thorough investigation of the claim or potential claim. 4. Employees shall cooperate and assist in reporting and gathering pertinent information. 5. Risk Management shall maintain a file of all reports, forms, correspondence, etc. regarding all claims for damages filed with the City. 6. Any employee who is involved in, or sees, an incident or accident, no matter how minor, which may result in a liability claim against the City, or give the City a liability claim against others, shall promptly report the incident to his/her immediate supervisor and Risk Management. 7. The supervisor shall prepare an incident report and submit it to Risk Management within 48 hours. The depth of the report shall be commensurate with the severity of the claim or potential claim. 8. Risk Management shall file the incident report and send a copy to the insurance carrier or appropriate body. If the Risk Manager determines an immediate investigation is merited, he/she shall begin immediately as outlined in the Incident and Loss Investigation policies and procedures. 5 6 9. If a lawsuit involving the City of Boynton Beach is served, the following procedures shall be followed: a. Service shall be accepted by Risk Management or the in-house City Attorney. b. The lawsuit shall be immediately forwarded to Risk Management for coordination with legal counsel in defense and/or settlement of suit. DEVELOPED BY: Department of Risk Management EFFECTIVE DATE: March 14, 1990 REVISED: December 19, 2006 REVISED: June 1, 2008 Kurt Bressner Kurt Bressner City Manager