csrmaacosta, victor ventura regional sanitation di 3/11/2014 bakkedahl, ruth south orange county...

CSRMA California Sanitation Risk Management Authority

c/o ALLIANT INSURANCE SERVICES Insurance License No.: 0C36861 100 Pine Street, 11th Floor, San Francisco, CA 94111 Tel: 415.403.1400 Fax: 415.402.0773

OFFICERS:Paul Bushee, President Russ Baggerly760.753.0155 2010-2014Greg Baatrup, Vice President Robert Reid707.428.9162 2006-2010

Date: Wednesday, February 8, 2017 LOCATION: Alliant OfficesTime: 1:00 PM [Lunch served at Noon] 100 Pine Street, 11th Floor

San Francisco, CA 94111A. CALL TO ORDER A=Action

I=InformationB. PUBLIC AND COMMITTEE MEMBER COMMENTS V=Verbal

S=SeparateH = Handout

C. GENERAL ADMINISTRATION1. Meeting Minutes of October 19, 2016 A p. 52. Reporting and Ratification of Claims Settlements A/V

D. CLOSED SESSION TO DISCUSS PENDING CLAIMSAction may be taken per Government Code Section 54956.95. A

See Reverse for Full Listing of Claims to be Discussed

E. CLAIMS ADMINISTRATION1. Quarterly Claims Report as of December 31, 2016 I p. 122. Workers' Compensation Program Statistical Analysis I p. 133. York Contract I p. 23

F. UNDERWRITING ISSUES1. Actuarial Study A p. 502. Review of Memorandum of Coverage I p. 573. Program Year 28 Renewal Preliminary Expectations V

G. LOSS CONTROL1. Physical Demand Assessment Tool I p. 722. Safety / Loss Control and Wellness Reimbursements I p. 733. FY 17/19 Risk Control Work Plan - Draft I p. 91

H. INFORMATION ITEMS1. "Poem of the Day" I p. 992. CSRMA Who's Who in Claims I p. 1013. Article - Risky Assumptions Managers Make About Accommodations I p. 1024. Article - York - California Perspectives - November 2016 I p. 1035. Article - New Publication From The EEOC Can Help Employers Manage The ADA And Mental Health Conditions I p. 1076. CSRMA 2017 Meeting Calendar I p. 1087. CSRMA Organization Chart I p. 1098. CSRMA Service Team I p. 110

I. ADJOURNMENT

WORKERS' COMPENSATION COMMITTEE AGENDA

The next meeting is scheduled for May 25, 2017

Per Government Code section 54954.2, persons requesting disability-related modifications or accommodations, including auxiliary aids or services in order

to participate in the meeting, are requested to contact Alliant at (415) 403-1400 twenty-four hours in advance of the meeting. Entrance to the meeting

location requires routine provision of identification to building security. However, CSRMA does not require any member of the public to register his or her

name, or to provide other information, as a condition to attendance at any public meeting and will not inquire of building security concerning information so

provided. See Government Code section 54953.3.

PAST PRESIDENTS:

2017 agendas.xls 1 2/1/2017

Claims Excess Page: 1

As Of: 01/31/2017 2/1/2017

Loss Dates: 01/01/1900 -01/31/2017 6:15:11 PM

C.S.R.M.A. W/C - 3507 Incurred Limits >= $100000

Claimant Name Employer Date of Injury

INDEMNITYAcosta, Victor Ventura Regional Sanitation Di 3/11/2014

Bakkedahl, Ruth South Orange County Wastewater 8/11/2014

Bautista, Alejandro Goleta Sanitary District 11/1/2013

Beck, Tim Lake Arrowhead Community Servi 3/19/2015

Bitle, Shawn Central Contra Costa Sanitary 9/15/2006

Brown, Keith West Bay Sanitary District 11/10/2011

Denton, Gregory West County Wastewater Distric 5/8/2013

Eastland, Jerry Delta Diablo 5/15/2015

Eckert, John Ventura Regional Sanitation Di 4/8/2013

Garcia, Francisco Sanitary District No. 1 of Mar 3/4/2014

Godinez, Ignacio Ventura Regional Sanitation Di 9/6/2010

Greenwood, James Delta Diablo 3/27/2015

Heun-davidson, Cornelia Victor Valley Wastewater Distr 7/17/2012

Hooks, Michael Carmel Area Wastewater Distric 9/9/2013

Inman, Erin Ventura Regional Sanitation Di 3/1/2013

Jones, Byron Central Marin Sanitation Agenc 4/18/2012

Jones, Lorine Silicon Valley Clean Water 10/5/2005

Kupel, Nora West Valley Sanitation Distric 10/21/2013

Martinez, David Central Contra Costa Sanitary 10/10/2015

Mayor, Joseph Sanitary District No. 1 of Mar 12/8/2013

Smith, Lance Napa Sanitation District 9/10/2012

Van Horn, James Carmel Area Wastewater Distric 8/4/2011

Webb, Ronnie Fairfield/Suisun Sewer Distric 9/7/2016

Wilkinson, Edward South Tahoe Public Utility Dis 1/24/2014

FUTURE MEDICALArmstrong, Albert West Valley Sanitation Distric 11/10/1998

Ayers, James Vallejo Sanitation & Flood Con 9/11/2002

Baker, Jacob Lake Arrowhead Community Servi 1/6/2005

Bamber, Gary West Valley Sanitation Distric 6/25/2004

Branum, Aaron Lake Arrowhead Community Servi 8/29/2001

Brough, Robert Dublin San Ramon Services Dist 4/1/2014

Comito, Anthony Montecito Sanitary District 11/16/1995

Culbertson, Robert Union Sanitary District 2/24/1999

Diaz, Juan Union Sanitary District 4/17/2007

Dugan, Jodey Santa Margarita Water District 3/28/2007

Dvorak, Josef South Tahoe Public Utility Dis 10/11/2006

Flanders, Dolores Central Contra Costa Sanitary 4/16/2009

Foged, Larry Novato Sanitary District 8/8/2008

Ford Sr., Thomas Central Contra Costa Sanitary 6/22/2009

Gerke, Fred Silicon Valley Clean Water 12/5/2001

Gonzales, Frank Carpinteria Sanitary District 6/19/2001

Grabowski, Mat Union Sanitary District 7/31/2008

Grabowski, Mathew Union Sanitary District 10/10/2006

Grabowski, Mathew Union Sanitary District 3/6/2009

GREGORY, LEONARD Union Sanitary District 9/10/1993

Griffis, Jim Central Contra Costa Sanitary 6/22/2010

Grubka, Steven Central Contra Costa Sanitary 9/18/2007

Hernandez, Ralph Delta Diablo 4/17/1997

Jenkins, David South East Regional Reclamatio 1/29/2001

Jensen, Stanley Ventura Regional Sanitation Di 10/4/2012

Johnson, Larry South Tahoe Public Utility Dis 8/1/1999

Keeton, Bonnie Central Contra Costa Sanitary 5/17/2014

Marin, James Union Sanitary District 11/1/1990

Mendoza, Joey Carpinteria Sanitary District 4/20/2010

Mooney, Stephen Oro Loma Sanitary District 12/14/19983

Claimant Name Employer Date of Injury

Moraida, Christopher South Tahoe Public Utility Dis 4/4/2005

Raphael, Zandra Delta Diablo 2/11/2010

Rigdon, Bud Union Sanitary District 8/3/1998

Roletto, Jeffrey Union Sanitary District 8/24/2011

Rutherdale, Jeremy South Tahoe Public Utility Dis 8/5/2008

Saenz, Edward Carpinteria Sanitary District 5/18/2012

Smith, David Ironhouse SD - Susan Walde P&C 4/9/2012

Strickland, David South Tahoe Public Utility Dis 8/25/1998

Synsteby, Eric Monterey Regional Water Pollut 9/21/2000

Szabo, John Sewer Authority Mid-Coastside 4/16/2007

Thompson, Franklin Union Sanitary District 10/14/2000

Tracy, Jeannette Sewer Authority Mid-Coastside 3/9/2011

Vasut, Victor Union Sanitary District 10/6/2011

Wedemeyer, Patricia Central Contra Costa Sanitary 2/24/2011

Wilhite, Randy Oro Loma Sanitary District 9/16/2002

Wood, Ron Lake Arrowhead Community Servi 5/13/1998

Youry, Timothy West County Wastewater Distric 5/21/2001

4

G:\Share\CLIENT\jpa\CSRMA\Agenda\_Work Comp\Meeting Minutes\WC Meeting Minutes of October 19 2016 - FINAL DRAFT.doc

MINUTES OF THE WORKERS’ COMPENSATION COMMITTEE MEETING

OCTOBER 19, 2016 SAN FRANCISCO, CA

MEMBERS PRESENT

Mr. Craig Murray, Carpinteria Sanitary District, Chair Mr. Roland Williams, Castro Valley Sanitary District Ms. Barbara Buikema, Carmel Area Wastewater District

MEMBERS ABSENT

Ms. Shari Deutsch, Central Contra Costa Sanitary District Mr. Rex Delizo, Stege Sanitary District Mr. Sandeep Karkal, Novato Sanitary District

GUESTS AND CONSULTANTS PRESENT

Mr. Seth Cole, Alliant Insurance Services, Inc. Mr. P. J. Skarlanic, Alliant Insurance Services, Inc. Mr. Myron Leavell, Alliant Insurance Services, Inc. Mr. David Patzer, Risk Management Solutions, Inc. Ms. Melissa Ryan, York Insurance Services, Inc. Ms. Sherri Adams, York Insurance Services, Inc. Ms. Wendy Scheller, York Insurance Services, Inc. Ms. Heather Truro, HT Consulting Mr. Tim Farley, Farley Consulting Services, LLC (via teleconference)

A. CALL TO ORDER

The meeting was called to order by Chair Craig Murray at 10:03 a.m.

B. PUBLIC & COMMITTEE MEMBER COMMENTS

None.

C. CONSENT CALENDAR

C.1. Meeting Minutes – May 26, 2016

The meeting minutes of May 26, 2016 were reviewed.

A motion was made to accept the meeting minutes of May 26, 2016 as presented.

5

C.1


MOTION: Barbara Buikema SECOND: Roland Williams MOTION CARRIED AYES: Buikema, Murray, Williams NAYS: None ABSTAIN: None ABSENT: Delizo, Deutsch, Karkal C.2. Reporting and Ratification of Claims Settlements There were no claims needing ratification by the Committee at this time. C.3. Proposed 2017 Meeting Calendar Seth Cole reviewed the proposed 2017 Meeting Calendar with the Committee. The Committee was asked to review the calendar and to let the Program Administrators know of any scheduling conflicts. It was decided that the current format, with a 10:00 start time, immediately followed by lunch, continues to work well for all Committee members. A motion was made to accept the proposed 2017 meeting calendar as presented. MOTION: Barbara Buikema SECOND: Roland Williams MOTION CARRIED AYES: Buikema, Murray, Williams NAYS: None ABSTAIN: None ABSENT: Delizo, Deutsch, Karkal C.4. Lake Arrrowhead CSD – Notice of Intent to Withdraw Seth Cole reviewed the item with the Committee. The Program Administrators have received notice from Lake Arrowhead Community Services District (LACSD) that they intend to explore alternatives to CSRMA for their insurance coverage needs. LACSD has served notice upon the CSRMA pooled programs on other occasions but has rescinded that notice and continued to remain a member of both the Pooled Liability and Workers’ Compensation Programs. D. CLOSED SESSION TO DISCUSS PENDING CLAIMS The Committee entered Closed Session at 10:39 a.m. pursuant to Government Code Section 54956.95. The Committee left Closed Session at 11:03 a.m., at which time it was announced that the claims administrator was provided with direction concerning the disposition of certain claims; however, no final settlements were approved, nor was any action taken.

6


E. CLAIMS ADMINISTRATION E.1. Quarterly Claims Report as of September 30, 2016 P. J. Skarlanic reviewed the Quarterly Claims Report with the Committee. He reported that frequency continues to trend favorably, with the current report presenting a 14% loss ratio three months into the current program year; while the full prior year had a very favorable 25% loss ratio. E.2. York Staffing Update Seth Cole reviewed the item with the Committee. Melissa Ryan, the senior claims examiner at York assigned to the CSRMA Workers’ Compensation Program will be on maternity leave beginning on November 11, 2016 through April 1, 2017. Mary Minogue is the Senior Examiner that will be covering Melissa’s desk. Mary’s resume was attached to the agenda for the Committee’s review. Her contact information will be the same as Melissa’s and her email will be [email protected]. She will be starting on November 7 and will be able to spend a few days with Melissa before she begins her leave. E.3. Claims Audit P.J. Skarlanic introduced the item to the Committee. In order to ensure that CSRMA members continue to benefit from above average workers’ compensation claims handling services, the third party administrator undergoes a claims handling audit every other year. Farley Consulting Services conducted an audit of York Insurance Services. York has reviewed the claims audit and has prepared a response, attached to this item, addressing each of the recommendations made by the auditor. Tim Farley, of Farley Consulting Services, LLC; stepped through the audit report. Audit areas included: adequacy of reserves, promptness of reporting, employee contact, payments, investigations, litigation, denials, rehabilitation, excess claims and subrogation. The findings of the audit show that York is doing a very good job of managing claims. There were a few areas where improvements can be made as follows: one (1) case needed its’ reserve increased, two (2) claims fell outside of the Utilization Review due to indemnity designation; eight (8) claims were cited for failure to maintain a timely diary updates. York’s response addressed all of these issues and show that steps are being taken to improve performance in those areas going forward. E.4. Settlement Authority P.J. Skarlanic reviewed the item with the Committee. The Executive Board has directed the Program Administrators to draft amendments to the Settlement Authority Policy & Procedure to increase the Workers’ Compensation Committee’s settlement authority to $250,000.

7


The Committee reviewed the draft amendments and provided direction to take to the Executive Board for their recommendation to the Board of Directors for approval of the proposed amendments to the Policy & Procedure as presented. F. UNDERWRITING ISSUES F.1. WC Payroll Audit PY 26 (2015-2016) Seth Cole reviewed the Policy Year 26 payroll audit with the Committee. Based on the audit results, members will either receive a return check or invoice for any additional deposit due. $132,472 will be returned to the membership. G. LOSS CONTROL G.1. Safety/Loss Control and Wellness Reimbursements David Patzer reviewed this item with the Committee. The Committee discussed and reviewed the reimbursement summaries that were attached to the agenda, and felt that the reimbursements requested were legitimate and carried out the purpose of this program. G.2. 2017 (PY 26) WC Excellence Award David Patzer reviewed this item with the Committee. The CSRMA Workers’ Compensation Excellence Award P&P #3-WC indicates the Workers’ Compensation Committee will review the award criteria set forth in the P&P and recommend to the Executive Board that the award criteria remain the same or be updated to target a different type of injury for that program year. In Program Year 25, there were six members meeting the award criteria. Soft tissue injuries remain CSRMA leading type of injury with strain and overexertion remaining the leading cause. Within the category of soft tissue injuries, back injuries have the highest 5-year average cost. As the program is effort based, the Program Administrators recommend leaving the award criteria as is for Program Year 26 and making the recipients of the Program Year 25 award ineligible for the award in Program Year 26. A motion was made to leave the award criteria as is but make the recipients of the Program Year 25 award ineligible for the award in Program Year 26. MOTION: Barbara Buikema SECOND: Roland Williams MOTION CARRIED AYES: Buikema, Murray, Williams NAYS: None ABSTAIN: None ABSENT: Delizo, Deutsch, Karkal

8


G.3. Annual Workers Compensation Loss Analysis Reports David Patzer reviewed the item with the Workers Compensation Committee. Each year, the Risk Control Advisor provides the Workers’ Compensation Committee with an analysis of the prior years’ workers’ compensation claims in order to determine trends and to better focus risk control efforts in areas where the members have the greatest need. David observed that the injured worker demographic has changed slightly in that it is primarily entry level and older workers being injured. ‘Collection’, seeing an uptick this year, had the highest incidence of injuries, with all other types decreasing; with legs, hands and backs the most injured body part, and the injury cause of strain and overexertion being most prevalent. CSRMA’s risk control efforts will continue to focus on back and other soft tissue injuries. Hearing loss has become an emerging injury type of concern. Liebert Cassidy Whitmore is providing guidance on the proper implementation of fitness for duty testing; as it is a very valuable risk control tool. G.4. Fall/Winter 2016 Area Training Update David Patzer reviewed the upcoming area trainings for Fall/Winter 2016. The area trainings are included in the 2016-17 Risk Control training budget. G.5. Physical Demands Assessment Tool David Patzer reviewed the item with the Committee. As a result of discussion at the Long Range Planning Session, the Executive Board directed the Program Administrators and Risk Control Advisor to obtain a proposal from Occumetric for the development of a web-based Physical Demands Assessment Tool for possible inclusion in the 2017/18 Risk Control Work Plan. Don Freeman of Occumetric has been working with several member agencies to perform physical demand assessments at an average cost of $9,000. Occumetric is pursuing software to automate physical demand assessments with the idea that members could perform these quickly in-house using the software and knowledge of a position’s activities. Occumetric is proposing CSRMA invest approximately $55,000 in the development of the software in exchange for an unlimited use license into perpetuity for CSRMA and its members. The Committee had several questions regarding development of the software and CSRMA’s contribution. Occumetric is in the process of addressing the Committee’s questions/concerns and will be preparing a revised proposal for the Committee to review at their February 2017 meeting. G.6. 2-Year Risk Control Work Plan David Patzer reviewed the item with the Committee. The Risk Control Work Plan Sub-Committee will meet to suggest, discuss and review proposed risk control work plan items for FY 2016-17 and 2017-

9


18. The Risk Control Sub-Committee is comprised of the chairs of the Pooled Liability and Workers’ Compensation Program Committees and the Risk Control Advisor. As a result of discussion at the 2016 Long Range Planning Session the Executive Board directed the Program Administrators and Risk Control Advisor to develop a 2-year risk control work plan for the following reasons: 1) Reduce work load for the Committees and Executive Board; 2) Increase CSRMA’s ability to address long term risk trends; and 3) Plan risk control projects over a longer budgeting horizon to allow for more complex risk control activities. The work plan is envisioned to be adjusted annually to reflect new or emerging exposures and risk control activities that will reduce exposures. The proposed two-year Risk Control Work Plan will be agendized for review at the Committee’s February 8, 2017 meeting, and then presented to the Executive Board at the next Long Range Planning session for approval. Seth asked the Committee members to contact the Program Administrators with any suggestions they have for inclusion in the work plan. H. INFORMATION ITEMS H.1. Poem of the Day The Committee reviewed the poem. H.2. Article – Millions Embezzled: Did a Family-Like Atmosphere Lead To Big Time Breach Of

Trust? The Committee reviewed the article. H.3. Article – Will Malware Stop Employers from Providing Smartphones to Employees? The Committee reviewed the article. H.4. Article – Showdown at the OT Corral: States Fight Back Against DOL’s New Rule The Committee reviewed the article. H.5. Article – Yahoo says 500 million accounts stolen The Committee reviewed this item. H.6. CSRMA 2016 Meeting Calendar The Committee reviewed the calendar. H.7. CSRMA Organizational Chart The Committee reviewed the organizational chart.

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H.8. CSRMA Service Team The Committee reviewed the service team chart. I. ADJOURNMENT The meeting was adjourned at 12:21 p.m.

11

WORKERS' COMPENSATION PROGRAMQuarterly Claims Reportas of December 31, 2016

PY 1-15 PY 16 PY 17 PY 18 PY 19 PY 20 PY 21 PY 22 PY23 PY 24 PY 25 PY 26 PY 27 Program ProgramYears 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 Average Average

Program Year 1990-2005 7/1/05-06 7/1/06-07 7/1/07-08 7/1/08-09 7/1/09-10 7/1/10-11 7/1/11-12 7/1/12-13 7/1/13-14 7/1/14-15 7/1/15-16 7/1/16-17 Over 5 yrs Over 25 yrs

Number of Members N/A 40 42 42 42 43 43 43 43 43 43 43 43 N/A N/A

Total Number of Claims 2,659 142 159 144 169 168 163 145 148 139 130 135 67 124 175

Earned Premiums 30,206,721 3,995,000 2,814,000 2,118,530 2,458,322 2,650,774 2,814,041 2,841,462 3,095,804 2,998,838 3,300,557 3,585,857 1,909,660 2,978,143 2,591,583

Paid Indemnity, Medical, & Rehab 19,186,773 1,395,418 2,253,827 1,646,650 1,704,832 1,067,610 1,673,108 2,118,959 1,695,803 1,443,836 615,574 532,894 112,676 880,157 1,417,918

Paid Expenses 2,722,005 114,590 383,020 131,836 337,498 173,275 330,839 342,706 454,513 266,808 250,480 248,902 28,082 249,757 231,382

Reserved Indemnity, Medical, & Rehab 1,949,482 219,529 525,122 333,738 448,079 268,333 225,052 540,299 556,143 899,312 755,783 550,025 117,782 575,809 295,547

Reserved Expenses 513,150 21,052 81,918 88,305 96,908 41,554 30,645 55,087 44,402 107,099 79,307 109,551 24,516 72,975 51,740

Total Incurred 24,371,410 1,750,589 3,243,886 2,200,530 2,587,317 1,550,773 2,259,645 3,057,050 2,750,860 2,717,055 1,701,144 1,441,372 283,056 1,778,698 1,996,587

Total Incurred Less ALAE 21,136,254 1,614,946 2,778,949 1,980,388 2,152,911 1,335,943 1,898,161 2,659,257 2,251,946 2,343,148 1,371,357 1,082,919 230,459 1,455,966 1,713,466

CSRMA (Loss Ratio) Total Incurred Less ALAE / Earned Premium (%) 70 40 99 93 88 50 67 94 73 78 42 30 12 49 66

0

20

40

60

80

100

120

1990-2005 7/1/05-06 7/1/06-07 7/1/07-08 7/1/08-09 7/1/09-10 7/1/10-11 7/1/11-12 7/1/12-13 7/1/13-14 7/1/14-15 7/1/15-16 7/1/16-17

Percentages

Program Year

Workers' Compensation Loss Ratios

CSRMA (Loss Ratio) Total Incurred Less ALAE / Earned Premium (%) Program Rolling Avg. Over 25 Years Program Rolling Avg. Over 5 Years

G:\Share\CLIENT\jpa\CSRMA\Workers Comp\lossrun\2016 12 31 Loss Reports - WC\wcqtr 2016 12 31 - WIP

12

E.1

G:\Share\CLIENT\jpa\CSRMA\Agenda\_Work Comp\2017\02.08.17\E.2 - WC Statistical Analysis.doc

Agenda Item No. E.2 Workers’ Compensation Committee Meeting

Meeting Date: February 8, 2017

Workers’ Compensation Program Statistical Analysis

ISSUE: York Risk Services will review a summary of managed care savings and claims activity for the Workers’ Compensation Program with the Committee. A copy of York’s reports are attached to this item.

RECOMMENDATION: None.

FISCAL IMPACT: None.

BACKGROUND: None.

ATTACHMENTS: 1. CSRMA Trending Report valued as of June 30, 2016 including a) Bill Review Activity Summaryb) Utilization Review Activity Summary

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CSRMAAnnual Report

July 1, 2011 to June 30, 2016Valued as of June 30, 2016

14

2011-2012 2012-2013 2013-2014 2014-2015 2015-2016Death 1 1First Aid 1 6 4 9 12Indemnity/Time Lost 53 47 54 49 65Medical Only 89 94 79 72 56Record Only 1 1

0

10

20

30

40

50

60

70

80

90

100

Reported Claims by Claim Claim Type7.1.2011 to 6.30.2016Valued as of 6.30.2016

2011-2012 2012-2013 2013-2014 2014-2015 2015-2016Total Reported Claims 144 148 139 130 133

15

Later Years Still Developing

Paid To Date Reserves Total IncurredAll Prior Fiscal Years 34,007,902$ 5,255,875$ 39,263,777$ 2011-2012 $ 2,270,673 $ 1,217,383 $ 3,488,056 2012-2013 $ 1,431,476 $ 1,964,311 $ 3,395,787 2013-2014 $ 1,740,703 $ 983,618 $ 2,724,321 2014-2015 $ 1,046,848 $ 777,902 $ 1,824,751 2015-2016 $ 821,430 $ 647,572 $ 1,469,002 Total All Years 41,319,033$ 10,846,662$ 52,165,694$

$0

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

2011-2012 2012-2013 2013-2014 2014-2015 2015-2016

$2,270,673

$1,431,476$1,740,703

$1,046,848 $821,430

$1,217,383

$1,964,311$983,618

$777,902

$647,572

Total Paid and Total Remaining Reserves7.2011 to 6.2016

Valued as of 6.30.2016

Paid To Date Remaining Reserves

16

Total Reported Claims Litigation Ration 2011– 2016 – 4.3%Total Open Indemnity Litigation Ratio – 35%

Total Open Indemnity and Future Medical Litigation Ratio – 22%19

Bill Review -7.2015 to 6.2016Bill Review Activity Summary

Employer: CSRMA

Activity Period: 07.01.15 – 01.31.16

Data Valued: 01.30.17

Summary Bills Bills (net) 3574 Lines (net) 10,915 Gross Charges $2,875,804.41 Duplicate/Excl. Chgs $781,086.06

Net Charges $2,094,718.35

Recommended Allowances $755,261.49

Savings Detail Bill review (net) $1,320,412.33

PPO Network $38,684.53

Total Savings $1,369,096.86 65%

20

Utilization Review – 7.2015 to 6.2016Utilization Review Activity Summary

Employer: CSRMA

Activity Period: 07.01.15 – 01.31.16

Data Valued: 01.30.17

Summary Claims Indemnity: 50 First Aid: 0 Medical Only: 13 Future Medical: 36 Activity Number of Events 267 Authorized 220

MD Approved 19 90% MD Appeal Reviews 1 MD Delay 0

Denied/Modified 27 10%

Savings Detail Medical Savings: $33,548.11

Indemnity Savings: $1,572.20

Net Savings $35,120.31

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THANK YOU FOR YOUR TIME

Tony ZunigaSenior Account Manager

(916) [email protected]

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G:\Share\CLIENT\jpa\CSRMA\Agenda\_Work Comp\2017\02.08.17\E.3 - York Contract.doc

Agenda Item No. E.3 Pooled Liability Committee Meeting


York Contract

ISSUE: The York claims handling service agreement with CSRMA has its anniversary date as of 7/1/17, and as such, discussion concerning the Authority’s overall satisfaction with York should be discussed such that the Program Administrators can work toward an acceptable continuation of services.

The expiring contract is for a 3 year term, with a scope of work and rates as displayed in an attachment to this item.

RECOMMENDATION: The Program Administrators recommend that the Committee discuss and provide direction on negotiating a renewal of the agreement with York for the Committee’s review at their May meeting.

FISCAL IMPACT: Unknown.

BACKGROUND: York has been Third Party Claims Administrator for the Workers’ Compensation Program since its inception in 1992. A recent independent claims audit of York’s work has revealed no significant problems or issues in the claims handling process, and the membership by and large is pleased with the work performed by the York team.

WellComp Managed Care Services, a subsidiary of York Risk Services, manages the CSRMA Medical Provider Network (MPN). The fees associated with the MPN are included within the York contract.

ATTCHMENTS: 1. Expiring York Contract 2. Client Instructions3. Workers’ Compensation Claims Audit – Summary of Findings3. CSRMA Consultant Selection Policy

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WC

NEW LOSS

CLAIM HANDLING DETAILS

�� Collapse All Show content as of: Go

�� AcknowledgementsACKNOWLEDGEMENT LETTERS: Do NOT send an acknowledgement letter for a First Aid claim. If an acknowledgement letter is needed on a First Aid claim, the examiner will request that one be sent.

�� Carrier Contact

�� Claim ReportingCalifornia Workers Compensation Jurisdiction – Client to report via on line 5020 application:

1. Go to www.yorkrsg.com

2. Click on Claims Connect Access

3. Select California 5020

4. Enter User Name and Password and Log In

5. Click on SUBMIT A NEW 5020

6. You may save the form if you need to research additional information

7. Once claim has been submitted, you may print a copy for your records

8. Send any other forms (DWC1, Supervisor’s Report, etc) to the examiner at 866-548-2637

SERIOUS CLAIM NOTIFICATION:

Serious injury will include death, heart attack, back problems involving surgery, serious burns or disfigurement, paraplegia, quadriplegia, amputation, loss of sight or hearing, brain damage, alleged psychiatric disability, or anyother extreme permanent injury. Upon knowledge of these claims or conditions on an existing case, York shall notify the District immediately.�� EDI/Form Filing

�� Handling Offices

�� States handled by York

�� Denials

�� Indemnity Claims

Close

Page 1 of 5WC

11/14/2014http://yorkintranet4/Portal/Net/AcctInstuctions2/TabGeneral.aspx?client_no=3507&read...

42

CLAIM DOCUMENTATION:

An initial file summary (CMR) will be competed on all indemnity cases within 30 days of receipt of claim. The CMR is sent to the District contact and cc’d to Heather Truro.

Updated case analysis summaries will be completed at least every (90) days after completion of the initial summary and will include any and all information that relates to the direction and value of the case, as well as further work to be done and a target day for completion. The CMR is sent to the District contact and cc’d to Heather Truro.

Specific direction on the investigation and handling of all indemnity cases will be established and clearly evidenced in the file. The extent of the direction will be clearly based upon the seriousness or complexity of the case at hand.

All phone conversations, discussions and meetings held on the case will be clearly documented in each file.

All "medical only" cases, except those automatically closed by the computer, will be reviewed for closing at least every 60 days.

All payments, reserve revisions and file closing will be promptly entered into the computer system.

SETTLEMENT AUTHORITY:

Settlement authority is requested on everything. Even a Stip at 0% with FMC. This is cc’d to Heather Truro. Direction is required from the CSRMA Board for settlements over $50K (new money) and any settlement over $150K (new money) requires direction from the Executive Board.

BENEFIT PAYMENTS:

Payments will be made promptly. Uncontroverted bills will be approved for payment by the examiner within five (5) working days of receipt of same.

�� Litigation

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MANAGED CARE

VENDOR SELECTION

LITIGATION MANAGEMENT:

Legal counsel will be selected on the basis of required expertise and subject to the concurrence of the District. Defense counsel will not do anything that could be accomplished just as effectively, efficiently and economically by the examiner.

Claims Examiner contacts the new DA, by phone, to outline the case status, work to be done, by whom and in what time frame.

Within thirty (30) days after receipt of the case, defense counsel's written opinion as to compensability, value and settlement/defense strategy will be obtained. A copy will be provided for the District.

Supplemental written status reports will be completed and submitted to the District at least every ninety (90) days following the initial report and should include any pertinent information that could reasonably affect the ultimate value of the claim

York will notify the District prior to any deposition, pretrial or Workers' Compensation board hearing, and include the strategy intended to be used by York.

Itemized legal bills will be solicited and reviewed for payment at least quarterly, or more frequently, if appropriate.�� Medical Only

Any claim where there is $3,000 or it is open for 90 days or longer will have a claims supervisor review and provide recommendations & guidance to the claims examiner and York will notify Heather Truro ([email protected]) by email to discuss conversion to Indemnity (or not).

Companion (MO or FM claims) that have open indemnity claims handled by indemnity adjuster, will also be handled by indemnity adjuster.�� Record Only/Incident Only

�� Reporting/CMR

�� Reserving

RESERVING:

All reserves will be evaluated for accuracy, based on information at hand, every time the case is handled and/or reviewed. Establish and maintain the reserve account taking into consideration all potential payments including“allocated expenses” as defined by the District.

�� Bill Review

�� PPO Networks

�� Utilization Review

�� Defense Counsel

�� IME

�� Medicare related services

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MISCELLANEOUS

�� Pharmacy

�� Radiology

�� Subrogation

SUBROGATION:

Subrogation will be promptly recognized and investigated, including (where needed) preservation of needed "evidence" and the use of appropriate experts to provide a basis for recovery. The District reserves the right to recommend appropriate investigative firms.�� Surveillance

INVESTIGATION

Within 24 hours of receipt of the Employer’s First Report of Injury (“5020 Form”), contact will be made with the employer in order to determine if Compensability is to be acknowledged or questioned when not self-evident on the 5020 Form.

On all questionable indemnity cases, informative statements will be obtained from anyone who may have knowledge of the injury, including the claimant, witnesses and supervisor, within ten (10) calendar days of receipt of the 5020 Form, unless the file reflects a reasonable explanation for a delay in obtaining same.

There are circumstances where further information is needed to determine if an injury is in fact compensable. Within 24 hours following notice, the Claims Examiner reviews the Employer’s andDoctor’s first reports of Industrial Injury/Illness and contacts the injured worker to gather all information relative to causation, medical history and outside activities/interest. Based on this information, adetermination is made as to whether to accept, or delay the claim. If a field investigation is necessary, the District is alerted to the need for a contract investigator who is acceptable to the District, and theDistrict is kept informed on the scope and results of investigations.

The Consultant will work with District staff, the Department of Insurance, investigators and District’slegal staff to aggressively pursue and prosecute cases involving fraudulent claims.

Where the length of disability is questioned and upon prior approval by the District, a field activity check/surveillance will be conducted on the injured employee in order to determine if there is any work capability. All investigations will be coordinated with appropriate District personnel on a case-by-case basis.

Outside services will be used only where necessary and on a "limited investigation" basis. The file will include the reason for the outside assignment and there will be direction and control exercised on the outside person retained. The District reserves the right to recommend appropriate investigative firms.

All indemnity injuries will be reported to the Index Bureau as soon as possible upon receipt of the first report.

�� Miscellaneous 1

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MEDICAL & RTW MANAGEMENT:

The medical facility will be contacted prior to making the initial indemnity payment to establish the extent of injury, length of disability, and causal relationship of the injury to the job or alleged work-related incident.

A medical report will be obtained within five (5) working days of the first day of lost time and as often as needed thereafter to justify continuing indemnity payments.

York will coordinate with the District when an employee's permanent disability may render him/her protected under the Americans with Disabilities Act (ADA).

Where medical evaluation is questioned, an independent medical examination will be scheduled with aqualified physician, providing to the physician any relevant medical and job information that will assist the physician in making an objective evaluation. Copies of medical evaluations will be provided to the District in accordance with Civil Code Section 56.31.

ISYS is to be used for NCM services.�� Miscellaneous 2

COMMUNICATION:

Open, general lines of communication shall be maintained with the District on an ongoing basis. This will include notification prior to any deposition, pretrial or Workers' Compensation board hearing, the notice to include the approach intended to be used by York.

Communications made by the District and its employees will be responded to in a timely andcooperative manner (within 1 working day) using methods such as telephone, e-mail, and facsimile.

Claim reviews are conducted at the request of the Districts.

The District requires York to contract with the best providers for ancillary services at the most reasonable fees. The District will consider using providers who are affiliates of York but reserves the right to direct York to contract with other service providers of the District’s choice.

Use of temporary contract workers will be limited to the time it takes to replace full-time employees (generally two weeks to two months).

Examiners must be able to attend:

a) Administrative hearings to provide evidence and make presentations;

b) District Board Meetings when necessary; and,

c) Site visits when necessary.�� Miscellaneous 3



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Workers’ Compensation Claims Audit – 2016 California Sanitation Risk Management Authority 1

F A R L E Y C O N S U L T I N G S E R V I C E S

I. Executive Summary

The audit of 80 workers’ compensation claims for CSRMA reveals that York is providing effective claims administration for CSRMA. Notable deficiencies are evident in the area of diary maintenance.

FCS makes the following observations and recommendations based on the audit:

1. York is adequately staffed to handle CSRMA claims. Two examiners share the CSRMA caseload. Both examiners have caseloads below the recommended maximum of 150 for similar public entities. Exhibit 1 on page 4 displays the personnel assigned to the CSRMA account

2. Case reserves are accurate. Only one claim requires adjustment. That claim is discussed on page 5. The documentation of case reserve establishment and amendment criteria is thorough for all claims reviewed. Clarification of medical reserves on a small number of the claims reviewed is necessary. This is discussed in more detail in the section of the report dealing with documentation.

3. York is conducting thorough investigation on CSRMA claims. One claim exhibits late initial contact of the employee. That claim is discussed on page 6.

Four claims involved subrogation. York is aggressively pursuing the responsible party on all four claims.

4. Claim documentation confirms the consistent use of utilization review and nurse case management services to mitigate treatment and medical expense. Return-to-work efforts are aggressive. Still, two claims generated findings. It is unclear why these claims were designated as “indemnity,” as the only exposure seems to be medical care. Exhibit 2 on page 9 discusses these claims.

5. York fee schedule net savings are 63% of the original amount billed on medical bills received for the 1-year period 7/1/15-6/30/16. Other similar entities FCS has evaluated average 65% net savings.

6. The audit identified no inaccurately calculated disability rates.

7. Eighteen (28%) of the indemnity claims reviewed involve some element of litigation. All litigated claims exhibit timely referrals and status updates from defense counsel.

8. York’s claims management information system (Claims Connect) documentation process is efficient, but Claims Connect consistently documents untimely or vague claims management review (CMR) input. Exhibit 3 on page 10 lists the deficient claims.

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Workers’ Compensation Claims Audit – 2016 California Sanitation Risk Management Authority 2

F A R L E Y C O N S U L T I N G S E R V I C E S

The audit concludes this is a failure to maintain a timely diary. CMRs are due every 90 days on active claims. The claims discussed in Exhibit 3 failed to comply with this requirement. York has experienced some staffing changes in the past year. The transition to new staff is the likely cause of this deficiency.

9. Supervision is consistent and well documented on the claims reviewed. No supervisory deficiencies are identified.

10. Four of the claims reviewed qualified for reporting to excess insurers. All four claims were reported timely. Follow-up reports are also compliant.

These and other elements of this study are discussed in more detail in the remainder of this report.

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CSRMA CONSULTANT SELECTION POLICY

CSRMA, as a service organization, contracts for a variety of professional services from vendors. This includes services such as financial auditing, underwriting, loss control consulting and third party claims administration.

As a joint powers authority, CSRMA is authorized to enter into contracts for services. (See JPA Agreement, sections 6, 7; Cal. Government Code sections 4526, 6502, 6508.) Because the services are professional in nature, rather than public works, they are exempt from notice and bid requirements. (See Public Contracts Code sections 20780-20783.)

Nevertheless, CSRMA as a matter of policy and to ensure transparency and protection of member assets, does follow a request for proposal procedure when appropriate for contract issuance and contract renewals; with an invitation to known potential bidders having expertise in the relevant area. RFP responses are reviewed for content, ability to perform and competitive cost. RFP responses are reviewed by the Program Administrator and appropriate program committee for recommendation to the Executive Committee. On occasions where contracts are renewed for an existing contractor without invitations to bidders, the Program Administrator does review the appropriate market to determine that the cost is competitive.

All contracts are entered into are subject to strict compliance with the California Fair Political Practices Act, Government Code sections 87100 et seq., and CSRMA’s Conflict of Interest Code.

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G:\Share\CLIENT\jpa\CSRMA\Agenda\_Work Comp\2017\02.08.17\F.1 - Actuarial Study 2017.doc

Agenda Item No. F.1 Workers’ Compensation Committee Meeting


Actuarial Study

ISSUE: The actuarial study for the workers’ compensation program will be performed prior to the 7/1/17 renewal of the program. The actuarial report is used to re-evaluate past projections with current loss data and to project future payment patterns to determine rates.

Willis Towers Watson has provided a proposal to perform this year’s actuarial study. Included in the study the actuary will provide an overview of California’s workers’ compensation environment and examine CSRMA’s experience in relation to the industry’s experience as part of their presentation with additional commentary on sanitation-specific industry insured experience and loss costs.

RECOMMENDATION: The Program Administrators are recommending that the Workers’ Compensation Committee engage Willis Towers Watson to perform the 2017 Actuarial Study at a cost of $36,000.

FISCAL IMPACT: The cost of the actuarial study as proposed is $36,000. This represents a 0.08% increase over last year.

BACKGROUND: The actuarial study assists the workers’ compensation program in the following areas:

1. Analyzing whether prior pool deposits are sufficient to cover known and unknownliabilities for expired program years.

2. Setting adequate rates for future years in order to fund for future unknown lossamounts.

3. Calculating retrospective returns/assessments, updating the matrix, completing thefinancial audit and determining potential for dividend declaration.

Major components of workers’ compensation funding for each Program Year is as follows:

1. Ultimate Net Loss Value – Actuarial projection of the amount necessary to fundclaim payments arising out of program years. If prior program years are beinganalyzed, claims paid and reserved are subtracted from Ultimate Net Loss todetermine “Incurred But Not Reported” (IBNR) claims for that year. If it is anupcoming Program Year being analyzed, the entire Ultimate Net Loss is consideredIBNR until such time that claims begin occurring.

2. Administrative Expense – The figure includes costs for the Excess Workers’Compensation policy, the JPA Charge, and the Pool Deposit Fee.

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G:\Share\CLIENT\jpa\CSRMA\Agenda\_Work Comp\2017\02.08.17\F.1 - Actuarial Study 2017.doc

CSRMA attempts to fund the Workers’ Compensation Program to a 70% confidence level, which the actuarial study accounts for. In theory, a program funded to this confidence level will be adequately funded 7 years out of 10 years. Willis Towers Watson conducted the last actuarial study in 2016. ATTACHMENTS: Willis Towers Watson Proposal.

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Agenda Item No. F.2 Workers’ Compensation Committee


Memorandum of Coverage Review

ISSUE: CSRMA General Counsel has conducted a review of the Memorandum of Coverage (MOC) for the Workers’ Compensation Program. Suggested amendments to the MOC are outlined in the attached memo, and incorporated in the attached red-line strike-out version of the MOC for the Committee’s review and consideration.

RECOMMENDATION: The Program Administrators recommend that the Workers’ Compensation Committee review and discuss the suggested amendments.

FISCAL IMPACT: Unknown.

FISCAL IMPACT: Periodically the Program Administrators and General Counsel conduct a review of the MOC for any necessary changes. The amendments identified in the attached documents are to clarify the intent of the MOC, not intended to change the scope of coverage.

ATTACHMENTS: 1) Memo from General Counsel outlining suggested edits. 2) Red-line strike-out version of the MOC.

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MEMO Outline of Suggested Amendments to the Workers’ Compensation Program MOC I went through another pool form that I have worked on most recently, for ideas. The current form is fine and the suggested changes are not strictly necessary, but may help to avoid dispute later, by adding specifying language. 1. Section B, Who is Covered, adds language referencing the Labor Code for the definition of "employee" which in turn incorporates all the extensions and limitations in California law. Volunteers, for example, are included only when a Labor Code section 3363.5 resolution is adopted by the Member. 2. Part One, WC Coverage, Section A, adds "sustained by an employee" and AOE/COE which is already implied elsewhere, since coverage is for WC benefits, but it is made more explicit here. 3. Part One, WC Coverage, Section B, ties is to the California Labor Code, including apportionment. This is important because Part Three offers coverage for out‐of‐state injuries, but no broader than what our State's code requires. Also on a continuous trauma, we don't want another carrier or CIGA to argue that our coverage is broader than the Member agency's liability. 4. Part One, WC Coverage, Section B, drops language re defending serious and willful claims in favor of longer treatment, later in the document. (I cannot fix the page break, maybe your staff can.) 5. Part One, WC Coverage, Section G, references the Labor Code for serious and willful; adds Labor Code section 132a retaliation claims; and provides for a defense but not indemnity of the latter two types of claims, but with a Member agency option to defend them. 6. Part Two, EL Coverage, Section A, part 4, removes the reference to last day of exposure. I think this is too restrictive. Any exposure during the coverage period that results in liability should be covered. If we have a defense that we are not in the last year of exposure for a continuous trauma claim, that is a defense on the merits, rather than a coverage limitation. Also the timing of exposure might be disputed, and we would defend if the claim is made, raising timing arguments or defenses for the Member agency. 7. Part Two, EL Coverage, Section C, Exclusions, has some additions. Failure to promote is added to "demotion." "Invasion of privacy" is added because that should be covered under the EPL coverage in the Liability Program. (Also it is likely not covered because it is an incorporeal right, not "bodily injury.") I added reference to the ADA, FMLA, PDLA, FSLA, EEOC and FEHA because again, those are all EPL exposures. I think these were all excluded by Exclusion 6 already, but I saw them spelled out in another pool's form and thought it a good idea to specify here. 8. Part Three, Coverage Outside of California, has been tightened up a little to confirm that it only applies to employees AOE/COE and benefit amounts are tied to the Labor Code.

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In all of these cases, I believe the changes are simply examples of being more specific in the terms, not a change in the scope of coverage. I thought of adding more specific language re cooperating in subrogation actions at Part Four, Your Duties, section 4; but we already say this in Part One, Section H and Part Two, Section H so I left it out. ‐‐Byrne Conley Gibbons and Conley 925/932‐3600

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G:\Share\CLIENT\jpa\CSRMA\Agenda\_Work Comp\2017\02.08.17\F.2.b - MOC RLSO.doc Page 1 2016-17 Edition

CALIFORNIA SANITATION RISK MANAGEMENT AUTHORITY

WORKERS' COMPENSATION & EMPLOYER'S LIABILITY MEMORANDUM OF COVERAGE

INTRODUCTION

In return for the payment of the premium and subject to all terms and conditions of this Memorandum of Coverage, California Sanitation Risk Management Authority (CSRMA) agrees with you (the Member agency named in the Declarations) as follows: GENERAL SECTION A. The Agreement This Memorandum of Coverage includes the Declarations and all endorsements and schedules attached to it. It is a coverage agreement between you and us. The only agreements relating to this coverage are stated in this Memorandum of Coverage. The terms of this Memorandum of Coverage may not be changed or waived except by endorsement issued by us to be part of this Memorandum of Coverage. You are responsible for telling us at once when the information contained in this Memorandum of Coverage is no longer accurate for your operations. This Memorandum of Coverage, including the Declarations, endorsements and schedules attached to it, constitutes the entire Memorandum of Coverage. No condition., provision, agreement or understanding not stated in this Memorandum of Coverage will affect any rights, duties or privileges in connection with this Memorandum of Coverage. B. Who is Covered The Member agency named in the Declarations is covered for liability to its employees (as defined in Labor Code sections 3350 – 3371), subject to the provisions of this Memorandum of Coverage. C. Workers' Compensation Law Workers' Compensation law means the Workers' Compensation Laws of the State of California (which include injury by both accident and disease). It includes any amendments to that law which are in effect during the coverage period. It does not include the provisions of any law that provide non-occupational disability benefits.

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D. Locations This Memorandum of Coverage covers all of your workplaces in California and in other states if listed unless you have other insurance or are self-insured for such workplaces. E. Who Is Eligible for Benefits Your employees (or in the event of their death, their dependents) are eligible for benefits under this Memorandum of Coverage, except that employees who are excluded under the Workers' Compensation law are not eligible for benefits under this Memorandum of Coverage unless they have been included on the Declarations or by endorsement.

PART ONE - WORKERS' COMPENSATION COVERAGE A. How This Coverage Applies This Workers' Compensation coverage applies to bodily injury by accident or bodily injury by disease, including resulting death, sustained by an employee, and subject to the following conditions: 1. Bodily injury by accident must arise out of the course and scope of employment and

occur during the coverage period. 2. Bodily injury by disease must be caused or aggravated by the conditions of your

employment. Your employee's exposure to those conditions causing or aggravating such bodily injury by disease must occur during the coverage period.

B. We Will Pay We will pay promptly when due to those eligible under this Memorandum of Coverage the benefits required of you by the Workers' Compensation law subject to the limit specified in the Declarations. Coverage is limited to amounts you are legally liable to pay after apportionment to pre-existing, concurrent or subsequent injuries or illnesses as determined under the California Labor Code. C. We Will Defend We have the right and duty to defend, subject to the limit specified in the Declarations, any claim, proceeding or suit against you for benefits payable by this coverage. We have the right to investigate and settle these claims, proceedings or suits. We have no duty to defend a claim, proceeding or suit that is not covered by this Memorandum of Coverage.

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We may, at your request, defend you against charges of serious and willful misconduct.

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D. We Will Also Pay We will also pay these costs, subject to the limit specified in the Declarations, in addition to other amounts payable under this coverage as part of any claim, proceeding or suit we defend: 1. reasonable expenses incurred at our request, but not loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to

twice the amount payable under this coverage; 3. litigation costs taxed against you; 4. interest on an award or judgment as required by law; and 5. expenses we incur. E. Other Insurance We will not pay more than our share of benefits and costs covered by this Memorandum of Coverage and other insurance or self-insurance. All shares will be equal until the loss is paid. F. Limit of Liability Our liability to pay for damages is limited. Our limit of liability is shown in the Declarations. It is the most we will pay for all damages covered by this coverage because of bodily injury to one or more employees in any one accident or occurrence, or series of accidents or occurrences, arising out of any one event. We will not pay any claims for damages after we have paid the limit of our liability under this coverage as explained above. G. Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the Workers' Compensation law including, but not limited to, those required because: 1. of your serious and willful misconduct (Labor Code section 4553); 2. you knowingly employ an employee in violation of law; 3. you fail to comply with a health or safety law or regulation; 4. you discharge, coerce or otherwise discriminate against any employee in violation of the

law; or

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5. of injury to an employee under the minimum age specified in the Workers' Compensation

law and illegally employed at the time of injury.; or 6. discrimination prohibited by Labor Code section 132a. CSRMA will defend claims brought under Labor Code sections 132a or 4553, through

counsel of CSRMA’s selection, but payment of any penalties awarded will be the responsibility of the Member agency. The Member agency may elect to defend itself with counsel of its choosing, at its own expense.

H. Recovery From Others We may enforce your rights, and the rights of persons entitled to the benefits of this coverage, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. I. Statutory Provisions These statements apply where they are required by law: 1. As between an injured worker and us, we have notice of injury when you have notice. 2. We are directly and primarily liable to any person entitled to the benefits payable by this

coverage, subject to the provisions, conditions and limitations of this agreement. 3. Jurisdiction over you is jurisdiction over us for purposes of the Workers' Compensation

law. We are bound by decisions against you under that law, subject to the provisions of this agreement that are not in conflict with that law.

4. Terms of this coverage that conflict with the Workers' Compensation insurance law are

changed by this statement to conform to that law. 5. Your employee has a first lien upon any amount which becomes owing to you by us on

account of this agreement and in the case of your legal incapacity or inability to receive the money and pay it to the claimant, we will pay it directly to the claimant.

Nothing in these paragraphs relieves you of your duties under this Memorandum of Coverage. / /

Formatted: Indent: Hanging: 0.5"

Formatted: Left

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PART TWO - EMPLOYER'S LIABILITY COVERAGE A. How This Coverage Applies This Employer's Liability coverage applies to bodily injury by accident or bodily injury by disease, including resulting death, subject to the following conditions: 1. The bodily injury must arise out of and in the course of the injured employee's

employment by you. 2. The employment must be necessary or incidental to your work in the State of California. 3. Bodily injury by accident must occur during the coverage period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your

employment. The employee's last day of exposure to the conditions causing or aggravating such bodily injury by disease must occur during the coverage period.

5. If you are sued, the suit and any related legal actions for damages for bodily injury by

accident or by disease must be brought under the laws of the State of California. B. We Will Pay We will pay all sums you legally must pay as damages because of bodily injury to your employees eligible for benefits under this Memorandum of Coverage, provided the bodily injury is covered by this employer's liability coverage, and subject to the limit specified in the Declarations. The damages we will pay, where recovery is permitted by law, include damages: 1. for which you are liable to a third party by reason of a claim or suit against you by that

third party to recover the damages claimed against such third party as a result of injury to your employee;

2. for care and loss of services; and 3. for consequential bodily injury to a spouse, child, parent, brother or sister of the injured

employee; provided that these damages are the direct consequence or bodily injury that arises out of and in the course of the injured employee's employment by you, and

4. because of bodily injury to your employee that arises out of and in the course of

employment claimed against you in a capacity other than as employer.

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C. Exclusions This Memorandum of Coverage does not cover: 1. liability assumed under a contract. This exclusion does not apply to a warranty that your

work will be done in a workmanlike manner; 2. punitive or exemplary damages where coverage for such liability is prohibited by law or

contrary to public policy; 3. bodily injury to an employee while employed in violation of law with your actual

knowledge or the actual knowledge of any of your executive officers; 4. any obligation imposed by a Workers' Compensation, occupational disease,

unemployment compensation or disability benefits law, or any similar law; 5. bodily injury intentionally caused or aggravated by you; or 6. damages arising out of the discharge of, coercion, criticism, demotion, failure to promote,

evaluation, reassignment, discipline, defamation, invasion of privacy, harassment, humiliation, discrimination against, or termination of any employee, or any personnel practices, policies, acts or omissions.;

7. punitive or exemplary damages, fines or penalties; 8. claims arising out of the Americans With Disabilities Act, Family Medical Leave Act,

Pregnancy Disability Leave Act, Fair Labor Standards Act, Equal Employment Opportunity Act, Fair Employment and Housing Act, or similar law.

D. We Will Defend We have the right and duty to defend, at our expense, any claim, proceeding or suit against you for damages payable by this coverage. We have the right to investigate and settle these claims, proceedings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this coverage. We have no duty to defend or continue defending after we have paid our limit of liability under this coverage. E. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this coverage, as part of any claim, proceeding or suit we defend;

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1. reasonable expenses incurred at our request, but not loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to

twice the limit of our liability under this coverage; 3. litigation costs taxed against you; 4. interest on a judgement as required by law; and 5. expenses we incur. F. Other Insurance We will not pay more than our share of damages and costs covered by this coverage and any other insurance or self-insurance. Subject to any limits of liability that apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance and self insurance will be equal until the loss is paid. G. Limit of Liability Our liability to pay for damages is limited. Our limit of liability is shown in the Declarations. It is the most we will pay for all damages covered by this coverage because of bodily injury to one or more employees in any one accident or occurrence, or series of accidents or occurrences, arising out of any one event. We will not pay any claims for damages after we have paid the limit of our liability under this coverage as explained above. H. Recovery From Others We may enforce your rights to recover our payment from anyone liable for an injury covered by this coverage. You will do everything necessary to protect those rights for us and to help us enforce them. I. Actions Against Us There will be no right of action against us under this coverage unless; 1. you have complied with all the terms of this agreement; and 2. the amount you owe has been determined with our consent or by actual trial and final

judgement.

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This coverage does not give anyone the right to add us as a defendant in an action against you to determine your liability.

PART THREE - COVERAGE OUTSIDE OF CALIFORNIA This coverage is identical to Part One (Workers' Compensation Coverage) of this Memorandum of Coverage. It applies to your employees who are hired in California and are eligible for benefits under this Memorandum of Coverage arising from bodily injury by accident or bodily injury by disease that occurs while they are working for you anywhere outside of California. Benefits will be paid up to the amounts payable under the workers’ compensation laws of the State of California.

PART FOUR - YOUR DUTIES IF INJURY OCCURS Tell us at once if injury occurs that may be covered by this Memorandum of Coverage. Your other duties are listed here: 1. Provide for immediate medical and other services required by the Workers' Compensation

law. 2. Give us or our representative the names and addresses of the injured persons and of

witnesses, and other information we may need. 3. Promptly give us all notices, demands and legal papers related to the injury, claim,

proceeding or suit. 4. Cooperate with us and assist us, as we may request, in the investigation, settlement or

defense of any claim, proceeding or suit. 5. Do nothing after an injury occurs that would interfere with our right to recover from

others. 6. Do not voluntarily make payments, assume obligations or incur expenses, except at your

own cost.

PART FIVE - PREMIUM A. Premium 1. All premium for this Memorandum of Coverage will be determined by the California

Sanitation Risk Management Authority.

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2. Remuneration is the premium basis. This premium basis includes payroll and all other remuneration paid or payable during the coverage period for the services of:

a. all your employees eligible for benefits under this agreement while engaged in

work covered by this agreement; and b. all other persons engaged in work that could make us liable under Part One

(Worker's Compensation Coverage) of this agreement. If you do not have the payroll records for these persons, the contract price for their services and materials may be used as the premium basis. This paragraph will not apply if you give us proof that the employers of these persons lawfully secured their Workers' Compensation obligations.

B. Premium Payments You will pay all premium when due. C. Final Premium The premium shown on the Declarations and on the schedules and endorsements, if any, is an estimate. The final premium will be determined after this agreement ends by using the actual, not the estimated, premium basis. If the final premium is more than the premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you. The final premium will not be less than the minimum premium established by the California Sanitation Risk Management Authority. D. Records You will keep records of information needed to compute premium. You will provide us with copies of those records when we ask for them. E. Audit You will let us examine and audit all your records that relate to this Memorandum of Coverage. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records and programs for storing and retrieving data. We may conduct the audits during regular business hours during the coverage period and within three years after the coverage period ends. Information developed by audit will be used to determine final premium. F. Rate Changes This Memorandum of Coverage is issued by us and accepted by you with the agreement that you will accept any increase in premium or in the rates of premium which may be promulgated under any rating plan approved by the California Sanitation Risk Management Authority, and that the

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effective date of any such increase shall be the effective date thereof fixed in accordance with the provisions of any such rating plan approved by the California Sanitation Risk Management Authority. Also the rates used to determine the premium are subject to increase during the term of the Memorandum of Coverage if an increase in rates applicable to agreements in force is approved by the California Sanitation Risk Management Authority, and that the effective date of any such increase shall be the date fixed by the California Sanitation Risk Management Authority.

PART SIX - CONDITIONS A. Inspection We have the right, but are not obliged, to inspect your workplaces at any reasonable time. Our inspections relate to the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help to reduce losses, we do not undertake to perform the duty of any person to provide for the health and safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws regulations, codes or standards. B. Long-Term Policy If this policy is written for a period longer than one year, all the provisions of this Memorandum of Coverage shall apply separately to each consecutive twelve month period, or if the first or last period is less than twelve months, in the same manner as if a separate Memorandum of Coverage had been written for each consecutive period. Until your policy terminates, your deposit premium will be transferred to each consecutive coverage period to act as a deposit in the same manner as if a separate Memorandum of Coverage had been written. C. Transfer of Your Rights and Duties Your rights or duties under this Memorandum of Coverage may not be transferred without our written consent. D. Our Notice to You Mailing documents that relate to this Memorandum of Coverage to you at the mailing address shown in the Declarations will be sufficient to prove notice to you of that document. E. Cancellation and Withdrawal You may withdraw as a party to this Memorandum of Coverage and as a participant in the coverage provided you meet the requirements, as specified in the Joint Exercise of Power Agreement, Bylaws and Participation Agreement, and applicable policies and procedures of the California Sanitation Risk Management Authority.

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If cancellation by the California Sanitation Risk Management Authority or you is effective before the end of the coverage year, the California Sanitation Risk Management Authority will return to you the amount of any unearned premium payment from you for the coverage year. Such amount will be computed on a pro-rata basis from the effective date of cancellation.

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Agenda Item: G1 Workers’ Compensation Committee Meeting


Physical Demand Assessment Tool

ISSUE: After discussion, the Risk Control Subcommittee is recommending that CSRMA not pursue Occumetric’s proposal to develop the computer based physical demand assessment tool CSRMA discussed throughout 2016. Rather, the Subcommittee is recommending that CSRMA negotiate a discounted rate with Occumentric to provide in person physical demand assessments for the members and for CSRMA to promote this service as follows:

Remind members they can use either the Wellness or the Safety/Risk ControlReimbursement programs to offset the cost of this service.

Have Occumetric provide a webinar in 2017 and 2018 educating members of the serviceand its value in injury prevention and return to work efforts.

Have Occumetric speak at the January 2018 CASA/CSRMA Risk ManagementWorkshop to educate member management of the service and its value in injuryprevention and return to work efforts.

Run a multi-part series in 2017 and 2018 in the monthly Did You Know e-newsletter toeducate members of the service and its value in injury prevention and return to workefforts.

RECOMMENDATION: None, information only.

FISCAL IMPACT: None

BACKGROUND: Understanding the physical requirements necessary to perform a job is necessary for accurate job descriptions, hiring decisions, injury prevention efforts and return to work efforts. Typically, however, employers lack a quantitative understanding of the physical demands their employees must meet.

Don Freeman of Occumetric has been working with several members to perform physical demand assessments at an average cost of $9,000. Occumetric is pursuing software to automate physical demand assessments with the idea that members could perform these quickly in-house using the software and knowledge of a position’s activities.

Occumetric had proposed CSRMA invest in the development of the software in exchange for an unlimited use license into perpetuity for CSRMA and its members.

ATTACHMENTS: None.

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Safety/Loss Control and Wellness Reimbursements

ISSUE: In order to help expedite processing of reimbursement requests, the CSRMA Executive Board gave staff direction to review and appropriately process reimbursement requests and then present a summary of the reimbursement requests and action taken to the Workers’ Compensation Committee at each meeting.

RECOMMENDATION: Review the attached reimbursement request summary and discuss.

FISCAL IMPACT: Both reimbursement programs have been included in the current fiscal years’ risk control budget.

BACKGROUND: CSRMA has a history of wishing to reward those members who invest in controlling their risk. In the Workers’ Compensation Pool, CSRMA rewards top performers with the Workers’ Compensation Excellence Award.

The 2016/17 Risk Control Budget was approved with funding for two risk control incentive programs similar to what other pools offer their membership. The two incentive programs are described on the following pages.

Only those requests that have been submitted and approved since the last Workers’ Compensation Committee meeting are included on the attachments.

ATTACHMENTS: 1. Current Risk Control Reimbursement Program Summary2. Current Employee Health Promotion Reimbursement Program Summary

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Summary of Approved Wellness Requests 2009-To Date Category Description

Training CPR training session: Based on recent changes in emergency procedures adopted by AHA; certs good for 2yrs; provides staff knowledge/skills to administer first aid.

Service Hearing tests: Tests establish baseline data that will be used to determine any hearing loss induced by excessive industrial noise in the future.

Consulting/ Equipment

Ergo Evaluations: After recent remodel, staff voiced concerns about work environment. Based on CSRMA recommendation, consultant hired for ergo eval. Based on ergo eval, various equipment purchased.

Equipment/ Consulting

HVAC enhancements: After recent remodel, staff voiced concerns about work environment. Based on CSRMA recommendation, consultant hired for ergo eval. Based on ergo eval, modification of new staff space was made.

Prog Mgt District Wellness Program (one monthly fee 12/09): provides an annual health fitness appraisal, health screening, & health education to promote a healthier lifestyle for EEs.

Prog Mgt District Wellness Program (one monthly fee 11/09): provides an annual health fitness appraisal, health screening, & health education to promote a healthier lifestyle for EEs.

Equipment Ergonomic Aids (arms/boards): Ergonomic aids for employees based on ergo evaluation; to minimize exposure employee to ergo hazards.

Equipment Ergonomic Aids (fatigue mat): Ergonomic aids for employees based on ergo evaluation; to minimize exposure employee to ergo hazards.

Equipment Elliptical exercise machine: allows staff to tone and strengthen muscles and improve endurance.

Equipment Waterproof parkas/pants: Previous items were not durable & replaced on regular basis, tearing easily & possibly causing slip/trip hazard. New gear is much more durable, lasts longer.

Equipment Worker Trike: To aid District personnel by providing on-the-job low impact aerobic activity.

Service Fitness Professional Services: Implement customized stretch and fitness program for employees.

Service Fitness Professional Services: Implement customized stretch and fitness program for employees. Service Fitness Professional Services: Implement customized stretch and fitness program for employees.

Equipment Exercise equipment: Improves employee movement, flexibility, reduces impacts on joints, minimizes fatigue, cardio effects.

Service Physical Fitness Program reimbursement: District financially contributes to employee health club membership to encourage physical fitness, addresses contributing factors of injuries.

Consulting/ Prog Mgt

Updating wellness guidelines requirements: Ensuring that wellness requirements are current with current medical recommendations & ensuring cost effectiveness of the plan.

Other Healthy lunch snacks for Wellness Workshops: Shows employees healthy foods can still taste good!

Prog Mgt Walk Fit Campaign: Misc prizes, drinks, food items to support Walk Fit Campaign for district.

Equipment Strengthening Machine and Free Weights: Increases full body strength and flexibility/stamina of employees

Consulting Ergonomic Evaluation: Help reduce work injuries, makes District employees more aware of work environment.

Training/ Service/

Consulting

EAP Program: provides brown bag trainings for employees and phone consultation for health&wellness topics.

Prog Dev Development of Wellness Program: Plan involves Dr. assisting EE with establishing & maintaining a Disease Mgt Program; designed for weight/loss mgt, controlling cholesterol, BP control, preventing/controlling diabetes.

Service/ Training

Ergo training/consulting: Work stations evaluated to make sure everyone was ergonomically correct. Monitors were adjusted and chairs ordered.

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Service/ Training

Injury Prevention Classes: Class on proper lifting, pushing and pulling body mechanics; to prevent common injuries.

Service Employee Assistance Program: helps employees cope with a variety of problems (emotional, work-life stress), provides periodic wellness workshops.

Equipment Treadmill: encourages District's wellness program.

Equipment Bicycles: for "Ride Don't Drive" program; for employee use to provide opportunities for exercise that staff may not have during a typical work day.

Consulting/Prog. Mgt.

Program: Provide wellness program and Health Fair for employees

Equipment Exercise Equipment: improves employee movement, flexibility, cardio, reduces joint impact, minimizes fatigue

Equipment Treadmill

Service Wellness Program consulting services

Consulting Consultant: staff work station ergonomic evaluations to prevent injuries due to posture

Equipment Equipment: items recommended from ergo evaluations, including footrests, risers, doc holders, etc. to improved posture and prevent injuries.

Other Safety incentive pay to employees for accident free time.

Prog Mgt/ Equipment

Equipment/Prog Mgt: Free weights and P90X workout video for employee use; preventive evaluations conducted for employees.

Service Service: Hired Fitness Professional Services to manage and monitor district flexibility and strengthening program that employee’s participate in daily.

Other Reimbursement of gym membership for participating employees.

Other Reimbursement of gym membership for employees.

Equipment Equipment: bicycle rack, canopy for bicycles, pedometers to encourage employees to ride bikes to work and participate in district fitness program.

Equipment Equipment: dumbbell set, exercise mats, resistance bands to enhance district's current workout routine and encourage those who prefer to use flor exercise and lighter workout regimens.

Equipment Equipment: Noise Dosimeter to give district noise exposure date to help protect the hearing health of staff, test new equipment and monitor existing equipment for noise exposure limits to staff.

Prog Mgt Prog Mgt: Incentive-based wellness program which records total hours/week that each participating employee does recreational activities; awards are monetary prices spent on wellness related gifts.

Equipment Equipment: chairs and office workstation equipment based on ergo assessment; allows employees to properly adjust their workstations based on ergo assessment, reducing potential for MSDs.

Equipment Equip: Pedometers to help incentivize healthy exercises by sponsoring pedometer races, challenges employees to walk a predetermined distance, introduces a safe and economical means of exercise.

Training Training: Onsite workshop/seminar for employees; to bring awareness to employees on nutrition and fitness.

Equipment Equip: misc exercise equipment(jump ropes, yoga accessories, bands, dvds) to help employees improve their overall health (movement, flexibility, cardio, reduce joint impact, minimize fatigue); help in fight against obesity.

Prog Mgt Prog Mgt: Health Screening as an incentive-based program; health screen benchmarks helps employees understand their current health status and set goals to achieve better health; incentives are gift cards from pre-approved vendors.

Prog Mgt Prog Mgt: Reimburse unrepresented employee expense on fitness club fees; club membership encourages employees to be fit and healthy.

Prog Mgt Prog Mgt: On-site employee flu shots; having shots available on-site increase likelihood that employees will get these inoculations that are important to the health.

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Summary of Approved Wellness Requests 2009-To Date Category Description Prog Mgt Prog Mgt: Health Fair; 1/2 day fair sponsored by District, all employees attend, included 1hr mandatory training, 11 outside health vendors,

evaluations and health info distributed. Service/Other Service: Ergonomic evaluations for employees. NOTE: Item received after CSRMA 2011 Audit so reimbursement approved for FY2012.

Equipment Equipment: ergo equipment for employees as recommended by the ergo evaluations. NOTE: Item received after CSRMA 2011 Audit so reimbursement approved for FY2012.

Equipment Equipment: elliptical machine for employee use in fitness training to improve full body strength, flexibility and stamina. NOTE: Item received after CSRMA 2011 Audit so reimbursement approved for FY2012.

Equipment Equipment: ergonomic adjustable desk chair for safety specialist, per ergonomic evaluation

Equipment Equipment: ergonomic chairs for employees to improve health and prevent MSD while sitting and working as desk.

Other Reimbursement for employee gym membership; provides an incentive for the employee to live a healthy lifestyle outside of work.

Equipment Equipment/Training: Pedometers and upper arm blood pressure monitors; encourages employees to walk and monitor their daily steps and blood pressures.

Equipment Equipment: ergonomic adjustable desk chair for safety specialist, per ergonomic evaluation

Prog Mgnt/ Equipment

Prog Mgt/Equipment: John Muir Health provides ongoing education, testing and programs to benefit employees and encourage health/fitness; pedometers encourage employees to participatein a step-walking program.

Prog Mgnt Prog Mgt: Speaker/trainer for District's Health Improvement Program

Equip/ Training Equipment/Training: 32" LED TV and DVD player to replace old TV/VHS equipment to watch CSRMA training dvds.

Equipment Equipment: Commercial elliptical machine provides aerobic and lower body strengthening workout without knee and foot impact vs traditional treadmill; added to District's fitness room.

Equipment Equipment: Anti-fatigue mats; per the lab work station ergonomic evaluations, mats may prevent injuries to legs/back from prolonged static postures.

Prog Mgt Program Mgt: District's quarterly incentive-based wellness program awards, encourages district employees to exercise more than they normally would in their off-time.

Training Training: Provide CPR/AED training helps employees prepare for emergency requiring use of CPR/AED.

Equipment Equipment: free-weights, gloves, chin-up bar to help employees' physical fitness to be able to lift and perform their jobs without strain.

Training/ Other Training/Other: Contracted with EAP to provide 4-brown bag health topics for employees; purchased items for District's Health&Wellness Fair.

Service Service: District contracts out for Fitness Professional Services to provide employees with a monthly exercise program.

Equipment/ Other

Equipment/Other: Pedometers and gift cards as incentives for employees to participate in District's Wellness Program

Equipment/ Prog Dev

Equipment/Prog Dev: Pedometers and prizes to kickoff the Walk Fit Program at District to improve health and develop healthy lifestyle of employees

Equipment Equipment: ergonomic equipment based on full ergonomic evaluation conducted at District

Prog Mgt Program Mgt: Employee fitness club reimbursement per District policy encourages employees to remain fit and healthy and a monthly wellness publication for employees used as a stuffer with employee paychecks provides tips on staying healthy and fit.

Equipment/ Prog Dev

Equipment/Prog Dev: Pedometers and prizes to kickoff the Walk Fit Program at District to improve health and develop healthy lifestyle of employees

Prog Dev Prog Dev: Walk Fit 2012 Program; exercise prizes for participating in the Walk Fit Program, about 30 employees participated.

Prog Dev Prog Dev: employee gym membership reimbursements; provides an incentive for the employee to live a health lifestyle outside of work.

Prog Dev Prog Dev: Wellness Program Reimbursement; program encourages employees to stay fit, therefore reducing injuries; additionally, the program

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promotes and helps maintain employees' health.

Equipment Equipment: Re-usable drinking water bottles w/ carbon filters; to move away from drinking sodas and drink more water, carbon filters limit complaints about drinking water from tap.

Equipment Equipment: FitBit Ultra Wireless Activity tracker, pedometers to encourage staff to ge more active, take more interest in their exercise regimes.

Training/ Consulting

Training/Consulting: Industrial ergonomic assessment/training for employees; evaluated employess performing tasks for ergo risks then developed ergo training/stretches to reduce district's risk of potential injury in the field

Equipment Equpiment: Recumbent Bike and Nautilus Bench; replaced old stationery bike, continue to improve cardio health and display info during workout; bench for exercises to improve strength in back/arms/legs/stomach.

Equipment Equipment: ergonomic chair; needed for supervisor work station to prevent stree and strain on body during work periods.

Service Service: Health screenings - will give District idea of what to focus on for the new Wellness Program, i.e. diabetes, hypertension, etc.

Program/ Equipment

Program/Equip: exercise equipment, weights, gloves and stamina power tower - will help the employees physical fitness to be able to life and perform their jobs without strain; gloves to protect employee hands while performing exercises.

Prog Dev Prog Dev: Employee Wellness Program - developed and administered by Occumetric

Equipment Equipment: exercise equipmet, gloves and monitor - fitness hoop to use during exercising, gloves to protect employee hands whil performing exercises, monitor to watch exercise videos during employee wellness workouts.

Equipment Equipment: TRX Suspension Training Kit - offers employees low impact, high energy movements for all fitness levels, no need for bulky equipment; end result is a stronger/healthier workforce that can take on physical demands of daily work activities.

Equipment Equip: ergonomic chairs - will help body mechanics of Agency staff that would eventually prevent back injuries.

Prog Mgt Prog Mgt: Pilates class reimbursement - WCWD reimburses employees for expenditures related to personal development, including Pilates classes; this encourages employees to remain fit and healthy

Prog Mgt/ Equipment

Prog/Equip: pedometers, scales, health screening, pedometer race and monthly meetings (wellness program) - to incentivize healthy exercise and provide breakfasts to monthly wellness meetings.

Prog Mgt Prog Mgt: setup wellness program for district - purchased scales, bp monitoring device, wellness magazine subscriptions, gift cards to incentive employees to schedule annual checkups with dr/dentist/optometrist.

Prog Mgt Prog Dev: Same as 2013Q1 request - approved this one time, NSD has been informed that expenses must be incurred within same FY. Approval allows NSD expense to get on track with CSRMA FY.

Service

Service: Fitness Professional Services - manages and monitor our flexibility/strengthening program that employees participate in daily; promotes good health.

Equipment Equipment: ice maker machine to allow field workers to keep their water supply cold in the hot summer months. Ensures employees drink more water and stay hydrated in the field.

Program Mgt Program Mgt: one year service plan on employee assistance program - to helpl employees overcome emotional, family, and other personal problems, offer guidance on financial/legal issues.

Service Service: health screenings and gift cards for employees - screenings help identify what areas the district needs to focus on for our Wellness Programs.

Equipment Equipment: Trike Bike - to promote "ride not drive" on district property, riding a bike throughout the day helps promote exercise and healthy living instead of driving a golf cart.

Program Mgt Program Mgt: health and wellness program for district - program is maintained by John Muir Health and provides ongoing education, testing and programs to benefit employees, encourages fitness

Equipment Equipment: pedometers, jump ropes, kettlebells, bands, pull up station, scale, water bottles - for employees to use and improve their oveall fitness and health.

Equipment Equipment: additional weights and storage for employee weight room - weight room is part of wellness program, weight bearing exercise is recommended, along with resistance equipment.

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Service Service: preventative ergonomic reviews - reviews and evaluations help take a preventative approach to employee health, find issues before the cause harm.

Service Service: employee exercise program - fitness consultant manages and monitors staff flexibility & strengthening program that employees participate in daily, promotes good health.

Program Mgt/ Equipment

Program Mgt: blood pressure monitors, baseball caps, health screenings, pedometer races, wellness breakfast meetings - employees monitor their BP, caps for sun protection, screenings help set goals, races/meeting incentivize.

Equipment/ Program Mgt

Equipment/ Program Mgt: balance beam scale for employees to monitor weight gain/loss, reimbursement of employee gym membership; both items provide an incentive for employees to live a healthy lifestyle outside of work.

Program Mgt/ Equipment

Program Mgt/Equipment: pedometers for wellness program participants; allow staff to set fitness goals and participate in wellness challenges thus decreasing WC costs, employee absenteeism, healthcare costs.

Equipment Equipment: FitBit Activity and sleep trackers - FitBit fitness trackers count calories and steps, monitor sleep patterns, encourages employees to be healthier and more active. Makes getting healthy fun for employees

Consulting/ Service

Consulting/Service: maintenance/fitness of equipment is necessary to provide a safey experience for employees using facility; wellness seminars cover a number of health/fitness related subjects for staff.

Equipment Equipment: ergo chairs - provides ergonomic seating for agency staff.

Service/ Equipment

Service/Equipment: one (1) ergo evaluation and ergonomic workstations - evaluation and equipment will assist in prevention of future workplace injuries.

Equipment Equipment: Barbell and weight plates, mat, bench - for low impact exercises for employees, promotes wellness.

Equipment Equipment: Corner gym and leg press for employee fitness center - allows for additional exercise options for employees, promotes wellness.

Program Mgt /Equipment

Program Mgt: gift card incentives to employee for wellness checkups (doctor, dentist, optometrist), reimbursement of fitness event fee, wellness magazine rack - encouraged employees to get wellness checkups, attend a fitness event (walk/run/cycle), purchased rack for new wellness magazine subscriptions.

Equipment

Equipment: Kettlebell training equipment - provides a full-body exercise while developing grip, core muscles and respiratory fitness with a small footprint; end result of using kettlebells is a stronger workforce.

Program Mgt Program Mgt: Wellness Program Reimbursement - encourages employees to stay fit and healthy, thereby reducing injuries; NSD's wellness program promotes and helps maintain employee's good health

Equipment

Equipment: Fit Bit Flex Wireless Wristbands - will enable SAMC staff to keep focus and be aware of their daily movement, exercises and sleep patterns. It will be a constant reminder of each person's health goals.

Program Mgt/ Other

Program Mgt: gym membership reimbursements - providing gym membership reimbursements help incentivise employees to build strength and fitness outside of work that can help prevent injuries on the job.

Program Dev/ Consulting

Program Dev: hired registered dietician to give nutritional presentation to all staff and provide optional individual nutrition assessments, counseling, meal plan development, tips on healthy eating and integration into current diets.

Program Program: Healthy Futures consultation - Dr. Underwood meets with employees once a month for disease management consultation and wellness services.

Equipment Equip: barbell, weights, squat rack, bench - exercise and resistance training has been shown to improve mental and physical aspects of health

Equipment Equip: Bulletproof Vibe exercise tool - vibrates the body and is shown to improve muscle, bone density and brain function.

Prog Dev/ Equipment

Equipment: Fitbit Charge Wrist Bands and Juicer - for employees to use and provide challenges to compete against each other for fitness goals; juicer to encourage employees to eat more fruits and veggies while at work.

Prog Mgt Program: health screenings for employees - help employees identify what health areas to focus on for Agency program; have been able to note areas of improvement using benchmark data from 2012 health screenings.

Service Service: Fitness classes for health and wellness - group participation fitness classes that will enhance and promote personal health and wellness.

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Prog Mgt/ Prog Dev

Program: One year employee assistance program through the Managed Health Network (CA) program - to help employee overcome emotional, family, personal issues; offer guidance, improve health and wellness and more (covers Oro Loma's cost, no cost to employee).

Prog Mgt/ Equipment

Cable attachments and accessories for workout machines, employee gym membership reimbursements - both provide incentives for employees to live a healthy lifestyle.

Prog Dev/ Other Monetary incentives to encourage employees to visit their doctor/dentist/optometrist for their annual checkups/exams to track their wellness; fitness event and gym fee reimbursements to encourage employees to be physically active.

Prog Mgt Local health provider (John Muir Health) provides biometric testing, health risk assessments, nutrition education to employees - promotes wellness and encourages employees to choose a healthier lifestyle..

Training/ Equipment

Ergonomics training and workstation evaluations, outdoor "e-z-up" shade for district maintenance staff to prevent heat illness and provide shade when doing tasks on hot days in areas with no shade.

Prog Dev/ Service

Occumetric Essential Function Analysis allows agency to identify high risk activity and provide ergonomic and/or equipment modifications for a safer workplace.

Prog Dev/ Service

Employee exercise program manages and monitors flexibility and strength; hydration products - Gatorade drinks to help fight heat illness and dehydration when working outside on hot days.

Prog Dev/ Service

Employee fitness class reimbursements - encourages employees to maintain a healthy lifestyle.

Training/ Equipment

Monetary incentives/reimbursements for Gym membership reimbursements, exercise equipment, classes, wellness luncheons - allowed employees to choose what best suited them to enhance their healthier lifestyle.

Service/ Trng/Equip

Maintenance of fitness equipment, new workout DVDs and speaker to promote and enhance exercise programs onsite, periodic wellness seminars to educate employees on health.

Equipment Schwinn stationary bike and treadmill - fitness equipment for employees to help improve fitness and reduce risk of injury.

Equipment Office cubicle modification and sit-stand workstations for employees that sit at computers all day; employees have noticed improvements in physical condition by not sitting all day, allows for more active and physical movements

Training Ergonomic workstation evaluations and equipment - to evaluate and train employees on ergonomic workstations, improve workstations with ergo equipment, assist in injury prevention.

Prog Mgt Wellness Program Reimbursement - encourages employees to stay fit and healthy, thereby reducing injuries; NSD's wellness program promotes and helps maintain employee's good health

Equipment Equipment: Kettlebells and dumbbells - for onsite exercise facility and made available to all district staff to promote exercise, health and wellness.

Equipment Rubber flooring for new onsite gym - provides as safe convenient workout area and lessen joint impact and injury, lessens any future injuries and promote overall whole health and wellness.

Equip/ Service Maintenance of fitness equipment to provide a safe experience for employees using the District's fitness facility; periodic wellness seminars for employees regarding health and fitness.

Service District Health Expo in partnership with John Muir Health - employees have blood pressure, blood sugar, cholesterol checked, complete a comprehensive health evaluation with follow-ups by JMH.

other SKF Wellness program provides monetary incentives to encourage employees to visit their doctor/dentist/optometrist for their annual exams to track their physical wellness; also reimbursement fitness event fees or gym memberships to encourage employee activity outside work.

Equipment Ergonomic items (keyboard tray, sit/stand desks - help prevent musculoskeletal injuries

Equipment Stationery exercise bicycle to enhance the well being of the staff through better overall fitness.

Equipment Dumbbells, bumper plates and other exercise equipment - resistance training has been shown to improve mental and physical aspects of health, results in stronger workforce that can take on physical demands of daily work activities.

Equipment Ergonomic equipment - standing desks and mats have several health benefits such as lower risk of weight gain/obesity/heart disease, lowers blood sugars, reduces back pain, increases mood and energy levels.

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Service Weekly stretching and breathing class - to help our employees manage their stress levels, improve their health/fitness, increase overall sense of well-being as stretching/breathing exercises have been shown to have positive effects.

Service Health Screenings to measure cholesterol, glucose, BMI, BP, lung volume, provide health report and one-on-one counseling - has helped Agency to ID areas to focus on for wellness program, have noted areas of improvement using the benchmark data from 2012, makes employees more aware of the health numbers and areas of improvement.

Equipment Small exercise equipment and stretch cards, sit/stand desk conversion, fitbit for new employee - will encourage office employees to take breaks and move to reduce impact of prolonged sitting; desk conversions will reduce the impact of prolonged sitting (all employees have fitbits).

Service/ Program

Employee Assistance Program - through Managed Health Network, help employees overcome emotional, family and other personal issues, offers guidance on financial/legal issues, improve health and wellness (and much more) of employees

Equipment Variable Height Desk - for sitting and standing, reduces chronic pain in upper body by allowing employees to stand when using computer in a more ergonomic fashion.

Program Mgnt Reimburse employee gym memberships - encourages employees to find/use an outside gym for health and fitness.

Equipment Adjustable keyboard and mouse platform, adjustable stationary monitor arm, adjustable sit/stand workstation - items prevent musculoskeletal disorders or exacerbate existing injuries, allows employees to properly adjust workstation components to appropriate ergonomic standards.

Equipment Ergonomic chairs fitted to employees - by proactively custom fitting employees to ergonomically fitted chairs, district goal is to reduce pain and discomfort and reduce potential risk of injury; employees sit in a balance position that supports their lower and upper backs.

Service Exercise equipment - equipment to be used in District's exercise room, provides a place for staff to utilize on-site equipment and facilities to promote a culture of health and wellness.

Program Reimbursement of health club membership and fitness class fees - District policy to reimburse employees for expenditures realted to personal development, including fitness classes and gym memberships; encourages employees to remain fit and healthy.

Program Dev Wellness Services - Dr. Underwood meets with employees each month for disease management consultation and wellness services

Equipment FitBit Fitness Watches - provides weekly and daily work challenges for employees to compete against each other encouraging fitness; Ninja Blender - provides employees a variety of ways to eat nutritious organic foods such as smoothies, juicing and protein shakes; encourages motivation and moral amongst employees.

Program Mgnt Daily exercise program for employees manages and monitors flexibility and strength; hydration products for employees to drink during these daily exercise programs.

Prog Dev/ Equip Sun hats and cooling headwear for employees in efforts to stay hydrated and combat excessive heat exposure; Walking path signage - CMSA designated walking paths around the plant as part of the Wellness Program with mile/ft markers to promote physical activity during breaks and lunches.

Prog Dev/ Equip Physical activity incentives to employees for gym memberships, athletic equipment; Ergonomic chairs for employees based on recent ergonomic evaluations.

Consulting/ Equip

Registered Dietician provided Cooking Demonstration educated staff on preparing healthier tasty meals and snack using superfood; FitBits for staff to encourage and be mindful of exercise goals.

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Wellness Reimbursement Requests Since October 2016 Workers’ Compensation Committee Meeting

AGENCY/ ATTN:

PY Form Submittal

Date

Amount Approve/ Reject -

Date

Approved Total $$

Category Description

Castro Valley Sanitary District ATTN: Naomi Lue

2017 Q1

7/15/16 $1,200.00 Approved 8/22/16

$1,200.00 Consulting/ Equip

Registered Dietician provided Cooking Demonstration educated staff on preparing healthier tasty meals and snack using superfood; FitBits for staff to encourage and be mindful of exercise goals.

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Summary of Approved Safety/Loss Control Requests 2009-To Date Category Description Software LOTO Software Training Program: Improve the LOTO procedures, providing a safer working environment for employees.

Other Cards/material for support of Safety Incentive Program: Safety incentive program encourages safety awareness with employees using point-system cards and scratch-offs for prizes .

Equipment Evaluation & installation of electrically operated air supply damper and relay: For safety prevention, will shut damper and shut off exhaust fan if chlorine gas is detected.

Training Front-End Loader Operator Certification for all Ops Staff: Training on safe & hands-on operation of equipment to demonstrate employee familiarization of its functions/devices.

Training Fire Prevention/Extinguisher Use safety training kit: Comprehensive video covering fire science, prevention, evac and extinguisher use; for all staff

Equipment First Aid Station Kits: Upgraded and replaced old first aid kits with new fresh products to OSHA standards.

Training CPR/AED/First Aid Workbooks & Cards: Workbooks to compliment refresher training in AED/CPR/First Aid. 66 employees certified.

Training 8-hr haz material technician training: Employee attending this training are first to respond to incident/accident at facility, training refreshes their skills. Software Brady Lockout Pro 3.1: Make our LOTO Program comply with CalOSHA guidelines

Equipment Ansi certified safety vests: Previous vests not ansi-certified; new vests will improve visibility day and night.

Prog Dev&Mgt/

Consulting/ Training/ Service

My Safety Officer: To effectively & efficiently manage our safety program; helps save time & resources with hands-on person-based safety mgt system, customized web-based safety training, training tools for in-person training, regulatory compliance, and a training/program maintenance calendar.

Equipment Worker trike: To aid EE in transporting small payloads around district facilities, reduce exposure to soft tissue injury.

Training *Quote Only* Traffic control & flagger safety training: Provide standards and guidelines and effective methods of creating a safe and workable traffic control zone. Training is scheduled for 6/23/10.

Equipment MiraCool cooling scarves/hard hat cooling pads: For field employees to reduce the potential for heat illness; to address heat prevention standards.

Equipment Stretcher & helmets w/ lights: Equipment for the confined space rescue van.

Training Safety training/consulting: Provides safety training to field employees in water/wastewater & solid waste, helps employees perform their jobs safely & caution for the hazards they may encounter.

Training Fitness Training: Fitness training program for employees provided by outside fitness trainer

Prog Mgt/ Dev

Safety Incentive Program: rewards employees with monetary incentives to achieve one month without a lost time or recordable accident.

Equipment Noise Dosimeter: personal noise dosimetry for employees

Training Fitness Training: Fitness training program for employees provided by outside fitness trainer

Prog Mgt/ Dev

Safety Incentive Program: rewards employees with monetary incentives to achieve one month without a lost time or recordable accident.

Equipment Noise Dosimeter: personal noise dosimetry for employees

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Summary of Approved Safety/Loss Control Requests 2009-To Date Category Description

Training/Dev Training Equipment: Improvements required to build a confined space training room

Equipment Equipment: ergonomic assessment, workplace modifications and equipment

Service Analysis: Professional job analysis/evaluation to better evaluate readiness to return to work and modify the physical requirements of job classification to better reflect actual conditions.

Equipment Equipment: safety lights to improve flagger and worker safety on roadways

Equipment Equipment: traffic control signs for blind corner at warehouse; improve safety of pedestrian employees.

Training Training Video: for new employee safety orientation and non-safety sensitive refresher.

Prog Dev Safety Program: Consultant assistance with LOTO program and Equipment SOPs for pump stations.

Equipment Arc Flash PPE

Training Conflict Resolution training

Equipment Equipment: multi-media projector enables use of CSRMA RCO online training resources.

Equipment Equipment: manhole cover removal system reduces potential for injuries while removing manhole covers for industrial compliance sampling.

Equipment Equipment: hats and cooling scarves - offers sun protection/cooling effects to mitigate sun and heat exposure.

Equipment Equipment: Confined space rescue and recover system; improves fall protection for entry into alternate confined space.

Equipment Material for support of safety incentive program.

Equipment Equipment: TV and DVD player to enhance safety program and safety trainings, plant process trainings, equipment training.

Prog Mgt Safety Program Mgt: subscription to My Safety Officer is an excellent services for agencies who don't have the resources to hire a safety professional to plan, schedule, and track safety training for staff.

Equipment Equipment: Noise Dosimeter to give district noise exposure date to help protect the hearing health of staff, test new equipment and monitor existing equipment for noise exposure limits to staff.

Equipment Equipment: Emergency Response Trailer will allow district personnel to have all the pumps, hoses and other items in one place to respond to an overflow or emergency bypass, allowing for a faster response time.

Equipment Equipment: hatch nets to provide additional fall protection during inspections or non-entry to space.

Equipment Equipment: Grab-n-Go Emergency Kits for employees to be prepared for an emergency; accessible at all times at work, home or car.

Equip/Trng Equip: Additional respirators for confined space rescue van; Training: monthly safety newsletters for employees.

Prog Mgt/Software

Software: Lockout Pro Software allows District to easily update and standardize its LOTO Program and be compliant with current OSHA regs; software improves in-house written procedures, enhance staff safety and training.

Equipment Equipment: icemaker for employees, encourage employees sto use their district-owned coolers and keep potable water at cool temperatures while employees are working in the field. NOTE: Item received after CSRMA 2011 Audit so reimbursement approved for FY2012.

Equipment Equipment: additional equipment (air supply masks, rescue stokes basket) to enhance and facilitate confined space rescue and training; dosimeter for more accurate noise exposure determination throughout facility.

Equipment Equipment: vehicle hitch mounted davit base provides greater visibility for confined space entry and rescue retrieval in remote locations.

Software Software: IIPP Customized computer-based training module; helps District give employees a comprehensive and consistent initial and refresher training on our IIPP program.

Equipment Equipment: digital sound level meter kit; District is developing a Hearing Conservation Program, the sound meter kit will help determine the sound level generated in our facility.

Prog Mgt/ Service

Program Mgt/Service/Training: Subscription for safety training program management, My Safety Officer, which assists District with planning, scheduling, training, and tracking of safety training for staff; it is an indispensible tool for Districts of our size who do not have resources to hire a safety

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professional.

Equipment Equipment: portable guardrail system; prevents staff/public from inadvertently stepping/entering hazardous environment.

Service Service: Setup fee for My Safety Officer; My Safety Officer (MSO) assists our senior operator to easily schedule and perform all required safety training for our employees as required by OSHA.

Prog Mgt/ Service

Program Mgt/Service/Training: Subscription for safety training program management, My Safety Officer, which assists District with planning, scheduling, training, and tracking of safety training for staff; it is an indispensible tool for Districts of our size who do not have resources to hire a safety professional.

Equipment Equipment: UV head gear so employees won't get heat exhaustion, new monitor and wall mount to show safety videos in a group setting

Prog Mgt Prog Mgt: expenses related to Peavey Performance Systems in support of the District's Safety Incentive Program.

Equipment Equipment: vehicle hitch mount will make confined space entries easier for remote locations.

Equipment Equipment: supplies for "Grab and Go" bags for emergency preparedness

Equipment Equipment: CPR mask to allow CPR w/o directl mouth-to-mouth contact; Tripod Worklight and AC Power Inverter where emergency lighting is needed in blackouts; Hard Hats/Flashlights/Flares misc safety items for employee use during emergencies and construction projects.

Prog Dev/ Mgt

Program Mgt: Subscription to My Safety Officer helps WCWD manage safety program and remain in compliance with CalOSHA safety regulations.

Prog Mgt/ Training/

Consulting

Prog Mgt/Consulting: development and implementation of District PS Emergency Response Plans and field training; will improve District's ability to respond and reduce the possibility of SSO; undertaken with City of Sausalito to improve response coordination, includes field training exercise and online training module.

Equipment Equipment: hand sanitizers and dispensers; to reduce infectious diseases entering admin building

Equipment SEE COMMENT. Equipment: CPR mask to allow CPR w/o directl mouth-to-mouth contact; Tripod Worklight and AC Power Inverter where emergency lighting is needed in blackouts; Hard Hats/Flashlights/Flares misc safety items for employee use during emergencies and construction projects.

Training/ Service/

Consulting

Service/Consulting/Training: Subscription to My Safety Officer (MSO); will help manage District safety programs and guide in complying with applicable regulatory requirements i.e. training requirements, tracking of employee training, periodic safety program reviews, regulatory updates, recommendations on programs.

Equipment Equipment: specialty flashlights with intrinsically safe feature ensure that the user of device will be safe in atmospheric conditions that may cause a regular flashlight to spark/ignite.

Management Management: subscription to My Safety Officer assists agency to 1) help with our record keeping, 2) help us keep track of training, 3) hep develop new training policies and programs

Management Management: subscriptin to My Safety Officer helps the District stay on top of our safety program by providing monthly to do lists, sign-in sheets and reminders.

Other /Equipment

Equipment/Other: emergency meals and cots to be used by LWD staff during extended emergency operations; due to county-wide electrical failure in 2011, employees worked extended hours w/ limited food/water; these supplies provide a 3day allowance for field service employees, cots for off-duty crew to obtain required rest while remaining on-site during catastrophic emergencies.

Training/ Equipment

Training/Equipment: rescue lifelines and webbing, Yates "Spec Pak" - to enhance our confined space rescue team's response to victims for search and rescue, improve rescue readiness.

Training Training: CSRMA Training "Electrical Safety for Wastewater" - for two Operator II employees to attend training and improve their knowlede and ability to work with electricity

Equipment Equipment: Ergo safety hatch, ergo computer mouse - hatch will make access to roof at Dewatering bldg safer and easier; due to increase in computer use, mouse is needed for omfort and to reduce strain.

Equipment Equipment: Class I Div I portable emergency lighting - needed at pump stations for night/emergency work, must be Class I Div I for safety.

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Summary of Approved Safety/Loss Control Requests 2009-To Date Category Description Equipment Equipment: Disaster Trauma Kit - to provide first responder items above and beyond first aid, in a ready-to-grab bag during an evacuation or SIP

situation, pursuant to the district's EAP. Equipment Equipment: Ergonomic supplies - for employees who spend hours at their computer workstations and are at risk for repetitive stress injuries; District

had outside consultant work with staff to determine the optimal setup and necessary supplies. Equipment Equipment: Portable UHF radios with FCC licensing and gang changer - to be used by Treatment Plant Operators for routine and emergency

communications within the plant. Consulting Consulting: Confined Space Training - outside safety consultant to training employees on confined space

Equipment Equipment: Supplied Air Respirators with accessories - additional equipment allows for all qualified rescue staff to perform their duties while maintaining sewer system manholes; allows for two entrants (rescue personnel) into the manhole.

Equipment Equipment: Climbers helmets (hardhats with chinstraps and no visor) - for use in confined space entry areas where regular hardhats would fall off and hat brims would obstruct worker visibility.

Training Training: Fall Protection Competent Person Training - enrolled employee in this class to provided fall protection training.

Equip/ Prog Development

Equipment/Program: Forms Holders to organize HazMat Operations documentation, radios specific for HazMat emergencies, parapet wall anchor to assist with entry into clarifiers, fall protection training

Equipment Equipment: Cap-mounted ear muff - will replace the need for foam ear plugs which can become contaminated when user working with raw sewage rolls plug with fingers and inserts into ear, cap-mounted will ensure safe hearing protection, are instantly available which translate to higher use rate by employee.

Equipment Equipment: headlight lamps, personal size water bottles - allows for hands free illumination and additional visibility for crew; water bottles will help prevent heat exhaustion and dehydration in street crews.

Equipment Equipment: hand sanitizers and dispensers to reduce infectious diseases; Grab-n-Go bags for emergency preparedness; ice-maker for employees to fill coolers to prevent heat exhaustion in field.

Program Dev Program Dev: PPE JHA program development and training - to increase employee knowledge or proper PPE selection during job assignments, creates a safer work environment for staff.

Program Dev Prog Dev: training management system My Safety Officer enhances district safety program and keeps our employees informed and appropriately trained by receiving direction in what trainings are due and what programs we need implemented.

Equipment Equip: Hats - caps will be used to provide sun protection to crews while they're working in the streets when hard hats are not required.

Equipment Equip: safety nets - will prevent inadvertent falls when Agency staff are working around treatment plant facility wetwells and sumps

Equipment Equip: Six Shooter manhole cutter - enables the removal of a manhole frame from the road in minutes with no manual labor, reduces risk of injuries associated with the hours of jackhammering which was previously required for this job.

Equipment Equip: commercial hand dryer, safety glasses and goggles, hands free soap/sanitizer dispenser, sunscreen - dryer provides a more hygienic/green environment; eye protection; minimize cross contamination; UVB/UVB protection

Software/ Program Mgt

Software/Mgt: update agency's customized computer-based-training software on Confined Space training

Program Dev Materials for safety incentive program including award lunches, evaluation of electrical safety training issues; electrical safety training - incentive program encourages safety awareness, evaluation of electrical by outside professionals provides a safer work environment.

Training Fall protection training for employees - district tasks require working above or below ground level, Competent Person level understanding by

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supervisors is necessary as it allows supervisors to recognize fall hazards and to mitigate them within the context of regulations and best practices.

Program Mgt My Safety Officer subscription - MSO will help manage district safety programs and guides District in complying with applicable regulatory requirements.

Training Fall protection training class - training for supervisors to use knowledge gained to train and properly supervise subordinates.

Equipment Utility cart - to assist in transportation of large sample jugs from lab sampling station, employees will no longer have to life and carry the jugs.

Equipment Davit base replacement - replaces old davit base from a company no longer in business with different diameter that doesn't work with current davits; no longer need temporary davit base, saves time.

Training SSO Volume Estimation Training to estimate SSO's properly, demonstrated multiple methods for CAWD crew to estimate volume SSO.

Service Rewired front gate to remain closed during normal business hours and open when vehicle approaches; closed gate forces all vehicles to come to complete stop, helps control vehicles speed on site.

Equipment Equipment: wide safety grating steps with adjustable legs; safety enhancement to provide safer access to headworks, barscreen grinder mezzanine, especially during wet weather.

Program Mgt Program Mgt: My Safety Officer subscription - helps district identify training requirements and manages trainings of staff, provides training material and resources for policy development as needed.

Program Mgt Program Mgt: IT vulnerability assessment - to ensure the district's IT systems remain secure, assessment evaluated the security of IT network and identified potential threats that were addressed.

Training/ Equipment

Training/Equipment: rescue mannequin; provides additional resource to effectively conduct confined space rescue drills.

Equipment Equipment: emergency flashlights to employees as a safety appreciation gift for winning CWEA Safety Plant of the Year 2013

Equipment Equipment: new concept lightweight hardhats for Ops and Maint personnel; new concept hats are lighter and have better fit, vented for cooler wear, new logo for better identification.

Equipment Equipment: lone worker device - used for our remote operators and maint. Staff when they are working solo in our pump stations; EWA can respond immediately to an injury or illness upon notification by device.

Training/ Software

Training/Software: update site specific contractor's computer based training - allows for site specific safety training for our contractors, allows for continuity among contractors.

Safety Prog/ Training

Safety Program: materials for Safety Incentive Program, award lunches, electrical training, CalOSHA subscription

Equipment Equipment: security camera - the presence of a security camera helps deter crimes and theft

Equipment Equipment: UV head gear so employees won't get heat exhaustion

Equipment Equipment: natural disaster supplies, makeshift toilets, am/fm radios, blankets, sleeping bags and cots; items to be used in case of a natural disaster.

Equipment Equipment: sunscreen for employees working out in the field; to prevent skin cancer.


Safety Program/Training: My Safety Officer subscription - MSO is a professionally managed safety program designed to help WCWD remain in compliance with CalOSHA safety regulations.


Safety Program/Training: My Safety Officer subscription - use of outside consultant greatly enhances district's ability to maintain and execute a safety program that is current to standards and meets staff needs.

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Summary of Approved Safety/Loss Control Requests 2009-To Date Category Description Equipment Equipment: pneumatic torque multiplier - new tool allows employee to get closer to cylinder head and eliminates the awkward posturing, the reach, the

pulling and avoids potential injury. Equipment Equipment: projector for powerpoint trainings; SKED rescue system to enhance confined space rescues; umbrellas provide shade for employees when

working outdoors (not for breaks). Safety Prog/

Training Safety Program/Training: My Safety Officer subscription - MSO helps small district to stay current with all required safety trainings.

Equipment Equipment: individual full face respirators and hearing protection for confined space team - each team member having their own PPE will expedite rescues.

Program Mgt Program Mgt: My Safety Officer Subscription; helps agency stay compliant with CalOSHA training and program requirements, provides tools for training with end result being a reduction in compliance risks.

Equipment Equipment: Vehicle Hitch Davit system - will make it easier for MRWPCA's Confined Space Rescue Certified employees to rescue if need be.

Program Program: My Safety Officer subscription - helps manage district safety programs and guide district in complying with applicable regulatory requirements

Training/ Consulting

Training: Driver Safety training and ride alongs for individual evaluations - hired Safety Center to provide Defensive Driver Course and do individual evaluation ride-alongs with employees, ID unsafe driving practices.

Training Training: travel expenses to attend Sewer Summit 2014 in NorCal - conference focused on sewer system maintenance, spill prevention, risk management and force main integrity; wealth of information for District.

Training Training: travel expenses to attend Sewer Summit 2014 in NorCal - conference focused on sewer system maintenance, spill prevention, risk management and force main integrity; wealth of information for District.

Equipment Equip: self-retracting life line device - this fall protection equipment upgrade which include self-retracting life line devices will improve safety when working at elevated locations or around open vaults

Equipment Equip: safety harnesses and retracting lifelines - improve safety when working around open vaults and manholes by upgrading all harnesses to include permanently attached self-retracting lifelines.

Prog Mgt Prog Mgt: My Safey Officer subscription - helps our agency stay compliant with CalOSHA training and program requirements. Also provides tools for training materials and individual training records mgt.

Software Software: BRADY Label maker for safety signage and labeling - in house labeling and signage software will enhance compliance by being fast, visually consistent, easy to provide, standardized.

Program Program: My Safety Officer subscription - allows a small district like SD5 to stay on top of required safety trainings, requirement; great asset in maintaining a safe working environment, keeps SD5 in compliance.

Program Program: My Safety Officer subscription - MSO service is a key partnership with assisting in our goal of no lost time due to accidents. Helps with safety training every 10 days, each employee is safety trained monthly. New employees undergo a structured safety training process and at least monthly going forward.

Equipment Equipment: quick deployment air hose reels and air hoses for confined space rescue trailer - safety enhancements to reduce need to carry hoses in bundles to entry site, reduce possible back injuries.

Equipment Equipment: traffic rated vault cover - an employee suggestion to improve safety for travelling over an area that caused a tripped hazard due to forklift traffic and other industrial equipment; to eliminate tripping hazard.

Program Program: storage container for natural disaster supply storage - will be used to store all emergency prepared-ness supplies; container is safer place than office building or garage due to high risk of structural collapse.

Equipment Equipment: items needed to install alarms on eye wash stations in remote areas so that if used, someone else will know there's a problem (6 alarms installed to date).

Program Program: My Safety Officer subscription - keeping track of our safety programs and monthly mandatory training.

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Summary of Approved Safety/Loss Control Requests 2009-To Date Category Description Equipment Emergency self-contained meals for disaster preparedness; LED work lighting to replace halogen lights for brighter, cooler, efficient lighting; ergonomic

kneeling pads per ergo assessment, prevent injury Equipment Adjustable desk to improve ergonomics of workstation; replace outdated heavy blower for better ventilation, less injury risk; helmets with head-lamps

for confined space entry; emergency food for disaster preparedness and sheltering. Prog Dev Safety awards and lunches, lunches for safety trainings - both encourage safety awareness, provide incentives and sends message to employees that

safety is important to the District Service/

Consulting My Safety Officer subscription - program management assists District to remain in compliance with CalOSHA safety regulations.

Program My Safety Officer subscription - assists District with developing or updating safety plans, provide on-line training, assist with on-site training; dashboard cameras provide digital evidence of injury/accident to protect against third-party caused claims.

Equipment Security camera helps deter crime and theft on and around district property.

Training Hazard Communication in computer-based-training format - allows for individual training on computers and also updated program to the new requirements.

Prog Dev/ Training

Ergonomics training for both office and industrial - has heightened ergonomic awareness and encouraged staff/mgnt to get involved in designing sit-stand workstations, employees remind each other to take breaks, stretch, user proper ergo posture, identify hazards.

Equipment Icemaker - employees use to keep water cold while out working in the field, this safety practice coincides with Heat Illness Prevention.

Equipment Davit Bases - will make confined space entry easier and safer using davit systems instead of tri-pod units.

Program My Safety Officer subscription - helps manage district safety programs and guide district in complying with applicable regulatory requirements

Equipment Umbrellas and extraction device - umbrellas are for shade protection at remote jobsites; extraction device will help recover personnel injured in a lift station confined space

Equipment Ergonomic mouse and keyboards - purchased after receiving the CSRMA sponsored training on ergonomics, will reduce the chance of CTI's.

Consulting/ Prog Mgt

IT Vulnerability Assessment - defines, identifies and classifies security holes in computers, network or communication infrastructure; can forecase the effectiveness of proposed countermeasures and evaluate actual effectiveness.

Equipment Emergency Escape Breathing Apparatus - unused SCBA need to be surplused; district policy forbids staff to enter conditions where SCBA is necessary, staff want the opportunity to have a viable option that falls within their policy.

Equipment Backup cameras for District trucks - provide complete visual access of what's behind trucks when mirrors do not provide enough of a visual; ensure vehicle and personnel safety, prevent accidents.

Equipment Safety gate - prevents accidental falls or injuries as Agency staff is entering process control basins to perform preventive maintenance.

Program My Safety Officer subscription - provides much needed assistance in ensuring required training is provided on a timely basis, and that District Safety Plans and required SOPs are developed, reviewed and updated.

Equipment Material to fabricate covered cart charging station - protects employees and equipment during raining weather, protects electrical battery charging station, keeps employees and equipment dry and protected from weather.

Equipment My Safety Officer subscription - helps agency stay compliant with CalOSHA training and program requirements, provides tools for training materials and individual training records management; end result is a reduction in compliance regulations risks.

Equipment AED Device - used for confined space trailer as part of District's Safety Program; Rubber mats - used in employee exercise room as safety non-slip precaution.

Equip/ Training

Confined space Class3 rescue harnesses to facilitate entry for multiple entrants and field guides to supplement training and assist rescue personnel with a portable reference tool.

Service/ Software

Online service for SDS management - service converted entire MSDS hardcopy system to an online cloud based SDS system with remote access via our mobile devices, provides updates to keep information current, easy access for employee use.

Training Training videos on Confined Space Entry and Bloodborne Pathogens - updated training videos with updated information on topics critical to the safety of the wastewater worker.

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Training Electrical training for non-electricians - improves risk control by training key personnel about electrical safety and troubleshooting.

Equipment AEDs - in the event of a medical emergency in the field District staff will be prepared for response; Emergency stop stations - in the event of emergency, operator/passerby can shut down equipment.

Program My Safety Officer subscription - helps identify training requirements, keeps our training and events calendar, identify trainees for each training, manage training records, and provides District with training materials and resources for policy development.

Program Mgnt

AED supplies/pads/batteries and emergency preparedness grab-n-go supplies - in case of a natural disaster or large emergency.

Equipment LED monitor and accessories - for use in new Safety Resource Room for District safety trainings and collaborative safety project meetings, to continue to develop a safety culture of teamwork and collaboration.

Equipment Ice machine - will assist District to encourage field workers to stay hydrated during high heat days; helps to provide cool and refreshing water.

Program Mgnt

My Safety Officer subscription - MSO is a great asset in maintaining a safe work environment, keeping SD5 in compliance; allows us to stay on top of our required safety trainings.

Program Mgnt

My Safety Officer subscription - designed to help keep WCWD employees safe while assisting the District to remain in compliance with CalOSHA safety regulations.

Equip/ Program

Safety Meeting Lunches - encourages safety awareness and sends message to employees that safety is important to District; AED - for employee safety

Equip/ Program

Security Setup (NVR, Computer, hard drives, monitors, cables) - upgrades system for the HD security cameras to provide better monitoring of the plant.

Equipment Safety Survival Kits - provided kits to CVSan staff as a reward for 10 years no lost time due to accidents on the job.

Equipment Equipment: Davit Bases - will make confined space entry easier and safer using davit systems instead of tri-pod units.

Program Program: My Safety Officer subscription - helps manage district safety programs and guide district in complying with applicable regulatory requirements

Equipment Equipment: umbrellas and extraction device - umbrellas are for shade protection at remote jobsites; extraction device will help recover personnel injured in a lift station confined space

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Safety and Risk Control Reimbursement Requests Since October 2016 Workers’ Compensation Committee Meeting AGENCY/ ATTN:

PY Form Submittal

Date

Amount Approve/ Reject -

Date

Approved Total $$

Category Description

NONE

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CSRMA Risk Control Work Plan for 2017/18 and 18/19

ISSUE: The Chairs of the Workers’ Compensation and Liability Committees form the Risk Control Work Plan Sub-Committee and develop proposed risk control work plan items for the upcoming program year. The recommendations of the Risk Control Work Plan Sub-Committee are then presented to each Committee and their comments incorporated into the draft Risk Control Work Plan which is then presented to the Executive Board for discussion at the annual Long Range Planning meeting in March.

The Executive Board decided in 2016 to formulate the Risk Control Work Plan for two fiscal years each year to better plan for activities that span more than one fiscal year. The attached Risk Control Work Plan is for FY’s 17/18 and 18/19.

RECOMMENDATION: Review the attached Risk Control work plan and discuss.

FISCAL IMPACT: None at this time.

BACKGROUND: Each March, CSRMA Risk Control prepares an outline of the initiatives to be undertaken in the coming year to address ongoing and new exposures.

ATTACHMENTS: FY’s 17/18 and 18/19 CSRMA Risk Control Work Plan

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2

California Sanitation Risk Management Authority

~ Risk Control Work Plan 2017/18-18/19~ Draft 1/23/17

# Existing Task Proposed

New Task Core,

Continuing, or New

Projected Cost Services Provided

By

Notes

1 Visit 15 members/year and: 1. Update the members’ risk control survey

results 2. Provide one training on a topic relevant to

CSRMA’s or the member’s loss history Note 1: 10 site visits will be selected based on CSRMA Risk Control Survey results with those scoring lowest receiving priority. 5 site visits will be made to members selected by the Executive Board at their August meeting based on consideration of loss history and Risk Control Survey results. These 5 site visits will also include a physical site audit. Note 2: The CSRMA Risk Control Survey will be administered electronically via RCO to the entire Pool every 2 years beginning FY 2017/18.

No change Core Included in Alliant contract for JPA Admin

Alliant This is more in line with actual practice since implementation of the new risk control survey format and reflects the increase in member requests for on site training.

2 Write and distribute 12 monthly editions of the Did You Know e-newsletter.


Alliant These are used to convey risk control and compliance information and to highlight different features/updates available on Risk Control Online

3 Update & distribute the CSRMA Member Contact Directory


Alliant This is used internally for targeted member communications and is also provided to other 4members for networking and problem-solving purposes.

4 Provide member hotline service via phone & email


Alliant Approximately 3hours/day is spent responding to member emails/phone calls and researching issues assistance is requested.

5 Advertise and implement the CSRMA Risk Control and Wellness Reimbursement Programs


Alliant See usage rates next page.

6 Provide annual workers' compensation and pooled liability loss analysis reports to each Committee and Executive Board


Alliant This reflects actual practice

7 Recommend expenditures from the CSRMA Safety Other budget to the Program


Alliant

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3

# Existing Task Proposed New Task

Core, Continuing,

or New


By

Notes

Administrators that will benefit CSRMA's risk control efforts

8 Oversee the annual purchasing & ongoing maintenance of the CSRMA Video Library


Alliant

9 Implement the CSRMA Workers’ Compensation Excellence award program


Alliant

10 Implement the CSRMA Pooled Liability Program Excellence Award program


Alliant

11 Schedule, arrange & provide the following training seminars: a. CASA /CSRMA Risk Management

Seminars 1. Summer 2. Winter b. 3 EPL topic trainings/year, each topic at

a minimum of 2 locations c. 3 Area training/year, each at a minimum

of 2 locations d. A minimum of 6 webinars


Alliant The addition of the EPL training reflects the EB’s decision FY 15/16 to codify 3 EPL training topics per year going forward.

12 Provide up to 6 training workshops at member locations on risk control topics, excluding CalOSHA & CalEPA regulatory compliance, affecting CSRMA


Alliant These workshops are provided to individual members, regionally and by request at CWEA training events. Typically, more than 6 requests are made per year and are provided, based on availability.

13 Oversee the periodic update of the various CSRMA Risk Control manuals & training programs


Alliant

14 Prepare agenda items for the various CSRMA meetings, as needed


Alliant

15 Oversee the distribution of the CSRMA Well Workplace monthly newsletter


Alliant This is a popular monthly mailing encouraging workplace and personal wellness issues. This supports CSRMA’s risk control efforts targeting soft tissue injuries and health risk factors that can contribute to workplace injuries. CSRMA currently distributes ~800 copies per month.

16 Assist CSRMA with the development of risk control programs, initiatives & trainings to address ongoing and new loss exposures as needed or directed. Specific topics, at a minimum to be addressed this FY, include: -Cyber security issues for employees and IT staff


Alliant Topics to be discussed with the Risk Control Subcommittee. Based on the results of the CSRMA Risk Control Survey , the following are recommended for consideration: Cyber security outreach Job descriptions

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4

# Existing Task Proposed New Task

Core, Continuing,

or New


By

Notes

Business continuity NFPE 70E Supervisory Skills

17 Oversee the implementation of the CSRMA Workers' Compensation Claims Management Program


Alliant

18 Coordinate with the efforts of the CSRMA Return to Work Consultant


Alliant

19 Provide CSRMA with research/analysis of various risk control topics affecting CSRMA as needed/directed


Alliant

20 Maintain a library of sample risk control materials for distribution to CSRMA as requested


Alliant Members routinely request sample CalOSHA, SWRCB and employment policies to use as the basis for developing their own. Members utilizing this service for the time period Sep-Dec: DSRSD STPUD WVSD RVSD CVSD SKFCSD CAWD LACSD Napa SD

21 Communicate with the CSRMA Program Administrator’s to facilitate the delivery of risk control services


Alliant

22 Prepare an annual 2-year Risk Control Work Plan for presentation to the CSRMA Executive Board at their annual Long Range Planning meeting


Alliant

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5

Proposed Continuing Risk Control Programs for FY17/18-18/19 # Task Justification Core,

Continuing or New Task

FY16/17 Costs

Projected Costs

Services Provided By

Notes

23 Update and refresh 10 online training modules.

CSRMA’s goal is to update and refresh the look and feel of 10 out ~110 CSRMA online training modules each year in order to keep them current and maintain interest of the members and subscribers.

Continuing

$23,000

$25,000/ year = $50,000

Proposed: Online Risk Solutions, SIPE and KBF Services

The increase is due to shifting the the following costs from the Training Budget to this specific line item: Technical

writing/editing of the raw content

Design, stock photo purchases and programming of each module

24 Risk Control Reimbursement Continuation of the incentive program created by the Workers’ Compensation Committee in 2009.

Continuing $44,000

$44,000/ year = $88,000

NA 25 reimbursement requests were processed in FY14/15.

25 Employee Health Promotion Reimbursement

Continuation of the incentive program created by the Workers’ Compensation Committee in 2009.

Continuing $30,000

$30,000/ year = $60,000

NA 23 reimbursement requests were processed in FY14/15.

26 CSRMA’s subscription to SIPE’s web platform and additional programming for CSRMA-developed content in 2015/16.

The subscription fee is an annual fee for CSRMA members to have access to the CSRMA Risk Control web site, which is hosted by SIPE. The additional programming fees are necessary to account for minor programming issues that arise during the year (i.e. programming new reports suggested by members).

Continuing

$40,000

$40,000/ year = $80,000

Paid to: SIPE: subscription Arclight: Programming KBF Services: Design and programming Barrit Group: Database design for the CSRMA Risk Control Survey interface to be housed on RCO

27 Update, manage and provide support for the CSRMA Risk Control Online, including instructional webinars.

This service requires update, member training and oversight to remain useful to the membership.

Continuing

$13,000 $14,000/ year = $28,000

Proposed: Online Risk Solutions

Fee increase due to additional articles addressing regulatory changes, of best practices/risk control items

Total Projected Cost for Continuing Items: $150,000 $306,000 (153,000/

year)

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6

Proposed New Initiatives for FY17/18-18/19

# Task Justification Core, Continuing

or New Task

Projected Cost

Services Provided

By

Notes

28 Develop 10 web based training modules/year designed for group delivery. Topics envisioned target areas of CSRMA’s highest loss frequency and/or greatest risk.

CSRMA has several members and RCO subscribers (i.e. Non members who pay CSRMA to access RCO) who use the online training modules to train groups and then anyone who missed the group training takes the module individually. This is a great idea, but, as members and subscribers have pointed out, the modules aren’t set up for that type of delivery and is awkward for the supervisors who try and use the modules in this manner. CSRMA can develop interactive online modules that are designed to be delivered to groups. This would address the wishes of some members and would increase the value of RCO to subscribers…an interesting side note – online training vendors are having a difficult time keeping municipal clients because their public works and utilities staff don’t have ready access to computers. We have an opportunity to fill that niche and increase subscription to RCO and increase the value/flexibility of the training resources provided to members.

New $38,000/ year = $76,000

DKF Solutions Group

The intent is to convert over several years CSRMA training modules to this format in order to allow for greater flexibility in the member’s and subscriber’s use of the online training modules.

29 Develop new online training modules to support the Collections Worker Job Competencies Builder. These will address fundamentals such as: Vacuuming Jet Rodding Mechanical Rodding CCTV Underground Utility

Locating Spot Repairs Lateral Maintenance Backhoe Operation Skid Steer Operation Bypass Pumping Plugging USA

Develop new online training modules to support the Collections Worker Job Competencies Builder CSRMA does not yet have training materials and are not readily available elsewhere.

New $72,000 (FY 17/18)

DKF Solutions Group

Subject matter experts for the content of each module will be drawn primarily from retired CSRMA member employees (i.e. Andy Morrison (USD), Dante Marchetti (CCCSD), Paul Louis (CCCSD), Steve Laren (DDSD), Zoeanne Tafolla (VSFCD), etc)

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7

Proposed New Initiatives for FY17/18-18/19

# Task Justification Core, Continuing

or New Task

Projected Cost

Services Provided

By

Notes

30 Risk Control Surveys – Development of a Risk Control Score Card to ID systems and practices at the top of CSRMA’s list of best recommended risk control practices

CSRMA currently has over 600 questions on the Risk Control Survey (~75% are regulatory compliance questions). CSRMA doesn’t have an “official” way of prioritizing them for members. The Score Card approach is something a few other Pools use to help dial in on those items that are considered basic risk control systems the Pool considers critical. It’s purpose is to help prioritize recommendations to the member from the Pool’s perspective. These become the items CSRMA tracks and regularly follows up on with the member and reports back to the Committees

New $8,000 DKF Solutions Group

Expected to be a one time expense in FY 17/18.

31 Savvy Health Solutions Savvy Health Solutions offers 3 divisions of service: Return to Work/Rehab: Presentation to

be made to WC Committee Back Safety/Injury Prevention: Educate

members on the service and the availability of the 2 reimbursement programs to offset costs

Wellness Programs: Educate members on the service and the availability of the 2 reimbursement programs to offset costs

New None at this time

Savvy Health Solutions

The Risk Control Sub Committee suggests negotiating a discount with Savvy for members who opt to engage their services.

32 Cyber Security Consulting Services

Develop internal cyber security self-audit materials for management to provide their IT staff to complete. The results of the internal audits will be reviewed in an anonymous fashion (i.e. the reviewer will not know the identity of the agency) and a plain English report provided to each member to discuss with their IT services.

New $44,000/ year = $88,000 (for 44 members)

Unknown at this time – possibly Progent

TENTATIVE – Item to be discussed by both committees and a recommendation made to the Executive Board. As an alternative, a self audit tool could be developed for the members and but not necessarily be reviewed at CSRMA’s expense. Rather, each member could contract directly with the tool’s developer at a discount.

Total Projected Cost for Continuing Items: $244,000 Includes item #32Total Projected Cost for Continuing Items: $156,000 Excludes item #32

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Total Proposed FY 2017/18-18/19: $550,000 (includes item #32) $462,000 (excludes item #32) Total Proposed for Year 17/18 $315,000 $271,000

PERCENT CHANGE FROM 2016/17 to 2017/18: +22.1% +5.0% Total Proposed for Year 18/19 $235,000 $191,000

PERCENT CHANGE FROM 2016/17 to 2018/19: -8.9% -26.0% TOTAL FOR 2016/17: $258,000 $258,000

Fiscal history: -FY 08/09 Outside Safety Consultant Budget: $225,000 -FY 09/10 Outside Safety Consultant Budget: $222,000 -FY 10/11 Outside Safety Consultant Budget: $205,000 -FY 11/12 Outside Safety Consultant Budget: $174,000 -FY 12/13 Outside Safety Consultant Budget: $188,600 -FY 13/14 Outside Safety Consultant Budget: $203,000 -FY 14/15 Outside Safety Consultant Budget: $177,500 -FY 15/16 Outside Safety Consultant Budget: $196,5000 -FY 16/17 Outside Safety Consultant Budget: $258,000 Note: CSRMA typically realizes ~$20-$25k/year in revenue from non-member subscriptions to Risk Control Online.

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2/1/2017 I Am the President of Regulation by Jerome Rothenberg | Poetry Foundation

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Home > Poems & Poets > Browse Poems > I Am the President of Regulation by Jerome Rothenberg

I Am the President of Regulation

I am the Giant Goliath, I digest goat cheese. I am a mammoth's calf. (H. Ball) I know your pinnacles by name. My fingers close around your fingers. I grow pale. I become your executioner. I come forth fat & bloody. I propose a toast to peace. I am the president of regulation. None are savvier than I. I forge a pact with murderers. I claw my way to freedom. Mark my words. I have no time to be your humble servant. I make a rope from women's hair. I bite into the mighty pippin. I turn & then return by turning. I turn a vessel over with my hands. I turn a pretty penny. I am called the lord of dimes. I turn my thoughts to daily deeds. I turn my eyes to heaven. I turn a screw no one has turned before me. I predicate & postposition freely. In me the numbers come to naught. I find a secret world in mirrors. My fingernails are pale, my steps are perpendicular.

BY JEROME ROTHENBERG

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I parachute & strut. I seek acceleration day by day. I am a man who swims among the drifters. Istanbul is not my home. I turn a page & listen. I am as hard as nails. My body swells from all the sounds inside it. I show myself in dreams.

"I Am the President of Regulation" By Jerome Rothenberg, from A Book of Witness: Spells and GrisGris, copyright © 1999,2000, 2001, 2002, 2003 by Jerome Rothenberg. Used by permission of New Directions Publishing Corp.

Source: A Book of Witness: Spells and GrisGris (New Directions Publishing Corporation, 2003)

RELATED CONTENTDiscover this poem's context and related poetry, articles, and media.

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York Risk Services Group, Inc. CSRMA

Who’s Who in Claims

Contacts

Melissa Ryan Senior Claims Examiner Indemnity (916) 960-0939 [email protected]

Meridee Turcotte Senior Claims Examiner Future Medical/Medical Only (909) 942-5493 [email protected]

Wendy Scheller Unit Manager (916) 746-6317

[email protected]

Resources Jeff Ponta Vice President Workers’ Compensation (916) 960-0965

[email protected]

Chris Shaffer Managing Vice President Client Services (916) 960-0960 [email protected]

Bettina Hooper Vice President Public Entity (916) 580-2450 [email protected]

Jody Moses President Public Entity (714) 620-1336 [email protected]

Tony Zuniga Senior Account Executive

Public Entity (916) 746-8828

[email protected]

York Risk Services Group, Inc. P. O. Box 619079

Roseville, CA 95661 Voice (916) 783-0100 · Fax (866) 548-2637

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Risky Assumptions Managers Make About AccommodationsBy Kirstin Heffner, The McCalmon Group, Inc.

January 11, 2017

In a recent Equal Employment Opportunity Commission (EEOC) lawsuit, a restaurant giant was sued for failing to provide an effective accommodationfor a newly hired employee who was deaf.

According to the EEOC, the parttime dishwasher made repeated requests for orientation training using closedcaptioned video or American SignLanguage (ASL). However, instead of providing the requested accommodation, the employer unilaterally decided that written notes passed back andforth to communicate with the worker was an adequate accommodation.

The employee was fired because of attendance issues. However, the EEOC found that, because passing notes was not an effective accommodation,the man never received adequate training for the employer's online scheduling and timekeeping system. The failure to accommodate his disability lefthim at a disadvantage because of constantly changing work hours. "Cheesecake Factory Sued by EEOC for Disability Discrimination," www.eeoc.gov(Dec. 20, 2016).

The Americans with Disabilities Act (ADA) requires reasonable accommodation for employees with disabilities unless doing so would cause significantdifficulty or expense. The employer must enter into an interactive process with the employee to come up with an accommodation that is appropriate forthe employee's disability and job duties. Often this involves input from health care professionals.

Managers and supervisors should understand that a formal request for accommodation is not necessary to afford protection under the ADA. Therequest does need to be in writing or be for a specific accommodation. A suggestion or complaint might be enough.

Next, employers can create liability if the person with the disability goes along with a current system of communication or accommodation, and theemployer just assumes that it is "reasonable." Just because it looks like everything is going smoothly from the employer's perspective doesn't meanthe employee with the disability feels the same way. And, even if the employee is making it work, the EEOC may challenge the effectiveness of theaccommodation.

Last, employers should never make an adverse employment decision, especially termination, without consulting human resources or the personresponsible for ADA compliance in the organization.

©20062017 Travelers, Inc., All Rights Reserved. ©20062017 The McCalmon Group, Inc., All Rights Reserved. Designated trademarks and brandsare the property of their respective owners. Use of this web site constitutes acceptance of The McCalmon Group's User Agreement and PrivacyPolicy. Legal Notices

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PERSPECTIVES

THE CONFLICT BETWEEN STATE AND FEDERAL LAWS In addition to state laws, employers must be aware of and determine how to comply with Federal laws regarding the use of marijuana. The Controlled Substances Act (CSA) of 1970 classified Marijuana as a Schedule I drug which remains in effect today. That means that use of marijuana, for any purpose, is still against Federal Law. States that allow marijuana for medical or recreational use are in conflict with Federal law. The ramifications are not yet known, but could mean loss of federal funds or disqualification from federal bids.

Marijuana’s Schedule I status also affects

WHAT DOES PROPOSITION 64 MEAN FOR EMPLOYERS? NOVEMBER 2016

SEVERAL other Federal laws and the public agencies to whom those laws apply.

US Department of Transportation Omnibus Employee Testing Act of 1991 requires drug and alcohol testing of drivers, pilots and other “safety-sensitive” jobs that are under the domain of the Department of Transportation (DOT). In addition, the DOT has guidelines that prohibit the use of medical (or recreational) marijuana by transportation workers including pilots, school bus drivers, truck drivers, subway operators, and transit security workers who carry firearms. The DOT also requires random testing, so drivers will periodically receive notices that they have ‘x’ amount of days to complete testing at a stated

On November 8 of this year, California voters approved Proposition 64 and California joined the ranks of 8 states plus the District of Columbia where recreational use of marijuana is legal. California employers were already grappling with the impact of legalized medicinal marijuana on their workplace policies and workers’ compensation claims. Proposition 64 adds another layer of complications and questions that public agencies need to consider.

YORK RISK SERVICES GROUP | KEEPING YOU INFORMED

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location. State law also requires testing within one day of any driving accident for these employees. Results of both sets of tests are provided to the DOT and any employee who fails the drug test will lose their license and be unable to perform their job. The Drug-Free Workplace Act of 1988 prohibits anyone from possessing or using marijuana (and other drugs) in the workplace if the employer has a federal contract of over $100,000 or is a federal grantee of any kind. Many California public agencies, especially schools, receive federal grant monies, for example in the form of student financial aid (grants, loans, and work-study programs) and federal research grants. This also applies to agencies or businesses that bid on federal contracts. Allowing Schedule I drugs on the agency’s premises can result in the loss of a bid or of funding. The Occupational Safety and Health Administration (OSHA) mandates that employers maintain workplaces that are free from hazards likely to cause death or serious physical harm to employees. Impairment caused by marijuana (or other drugs) could be considered a hazard and a possible violation of OSHA and result in fines. ALIGNING AGENCY POLICIES AND PRACTICES WITH STATE AND FEDERAL LAWS The challenge for agencies is to find a way to shape their own employment and workplace policies to accommodate conflicting laws. The agency’s Employment Law attorney is an important resource and should be consulted as decisions are made and policies created or modified. Below are some issues that agencies should consider in their discussions. Marijuana and Workplace Safety and Workers’ Compensation Claims Many employers adopt “zero tolerance” policies that forbid employees to use illegal substances on the job and/or to report for work with those substances or their metabolites in their system. The goals of such a policy are workplace safety and compliance with Federal law. To date, state

courts – including those in California – have been siding with employers, giving them the right to terminate employment if an employee violates the company’s drug policy. It is worth noting, however, that it can cost, on average, $300,000 to defend a wrongful termination lawsuit. In terms of workers’ compensation claims, most state laws allow an employer to dispute claims for workplace injuries if the employee is intoxicated or otherwise impaired on the job due to alcohol, drugs or medication. After all, just because a drug comes with a prescription does not make it acceptable to consume at work or to work under its influence. Any policy adopted by employers should make it clear that working while under the influence of alcohol or drugs that impair an employee’s ability to do their work is not permitted. However, some jurisdictions require proof the impairment was the sole cause of the injury in order to deny the claim, and this can be very difficult to prove. One reason it is hard to conclusively prove impairment from marijuana is the length of time the drug can stay in a person’s system. When marijuana is consumed, THC levels rise in the body and can be detected by blood tests up to a day after a single use. The higher or more frequent the usage, the longer the window for detection by blood or urine tests. Other tests, especially a hair test, can detect marijuana in the body up to 90 days after use. So immediately after an accident, an employee may test positive but not be impaired. DRUG TESTING POLICIES Any policy the employer creates should be reviewed by their employment law attorney. The policy should clearly define when and under what circumstances they will perform marijuana drug testing, including testing for marijuana as well as for other drugs such as amphetamines, opioids, sleeping pills, and pain killers. The policy should also consider language in union contracts that may affect under what conditions drug tests are acceptable and for what for what specific drugs can tests be conducted or test results used in employment decisions. Any drug testing done by a California employer must comply with the California Fair Employment and Housing Act (FEHA) and Compassionate Use Act (CUA). The California Supreme Court has


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ruled that the Compassionate Use Act addresses criminal law, but not employment law and so did not prohibit an employer from terminating an employee who tested positive for marijuana and who had a prescription for the drug. The Court also ruled that the Fair Employment and Housing Act does not require California employers to accommodate the use of illegal drugs. Specifically, the ruling stated, "Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration in making employment decisions." A primary concern about employees working while under the influence of marijuana or other substances is that they may create or increase the risk of injury to themselves, their co-workers or the public. The California courts have also ruled that drug testing for current employees must balance the employer’s basis for testing (e.g., that there is a threat to workplace safety) against the employee’s expectation of privacy. Employers may want to consider using a “fitness for duty” test when impairment is suspected and appears to affect safety in the workplace. Fitness for duty tests should be conducted by the employer’s occupational clinic and use objective standards to determine if an employee is able to perform their job. If the employer believes someone is impaired and unable to perform their job, they should direct to the employee to immediately visit an occupational clinic and be tested. It may be necessary to provide transportation for the employee since they are impaired they may not be able to operate a vehicle safely. To make this approach effective and fair, the employer should have an appropriate number of in-network occupational clinics that can perform fitness for duty testing on demand. Identifying employee who is unfit for duty allows the employer to remove that individual from the workplace to prevent injuries to themselves or others – either co-workers or citizens. The employer may also be able to start a good faith personnel action against the employee if the drug use or verified behavior is against the employers stated policies and union agreements.

ADA Accommodations for Medical Marijuana and a Drug Free Workplace or School Policy Agencies are free to ban the presence or use of recreational marijuana on their premises/at work. But if an employee has a prescription for medical marijuana, the Americans with Disabilities Act (ADA) requires that an accommodation be made so the employee can access their medication. This protection extends to employees returning to the workplace under a transitional or modified duty plan. In designing or creating an accommodation, the employer should determine what has been prescribed by the physician and consider what is a reasonable accommodation. For example, you may be able to implement a policy that restricts medical marijuana use to specific areas (e.g., not in classrooms, not in public places). Whatever policy the agency decides to implement should be reviewed by an employment law attorney and must be communicated clearly to all employees. Privacy laws may prevent employers from asking medical details, including the specifics around what medications an employee was prescribed. Proactively making everyone aware of the policy can help avoid confusion and support compliance. In addition, agencies may want to include in the policy the response if an employee breaks the rule (e.g., the policy will be explained to first time offenders, who may claim they didn’t know or understand the policy and they will be informed of the consequences of violating the policy a second time). York’s Policy Regarding Medical Marijuana as a Treatment in Workers’ Compensation Claims We also want to share with our clients our policy regarding approval of medical marijuana for workers’ compensation claims.



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While no change is required to our existing process of evaluation and review of industrial treatment, which includes that of medical marijuana, we have enhanced our notification systems to ensure that all parties are aware of a request received as well as the ultimate determination prior to provider/patient notice. Those parties include but are not limited to the employer, claims examiner, unit manager, assigned defense counsel, and managed care leadership. Our policy regarding approval of medical marijuana will continue to be in line with the application of utilization review protocols and evidence based medicine guidelines which are operative for this Schedule I drug or any other treatment modality for which the injured


employee’s treating physician seeks authorization for payment. All necessary qualitative care will be provided to cure or relieve from the effects of an industrial injury subject to peer review, state regulations, and scientific nationally recognized evidence-based treatment guidelines to include the Medical Treatment Utilization Schedule (MTUS), Official Disability Guidelines for Treatment (ODG), and layering applicable guidelines. Want To Learn More? York also hosted a webinar earlier this year on medical marijuana and workers’ compensation claims. You can view a recording of the webinar by clicking here.


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New Publication From The EEOC Can Help Employers Manage The ADAAnd Mental Health ConditionsBy Leslie Zieren, The McCalmon Group, Inc.

December 26, 2016

Complying with the Americans With Disabilities Act (ADA) presents employers with complicated challenges. One area that is particularly challengingpertains to mental health conditions.

Qualified job applicants and employees, who have depression, PTSD, schizophrenia, and other mental health conditions, are entitled to protection underthe ADA, which can include reasonable accommodations and privacy protections.

The EEOC recently issued a publication for employees with mental health issues. The Commission is especially interested in making certain veteransreturning to the civilian workforce are not the victims of disability discrimination.

https://www.eeoc.gov/eeoc/publications/mental_health.cfm

The publication informs employees that, in most situations, they can expect privacy. There are some situations in which disclosure is necessary,however:

1. When an applicant or employee requests a reasonable accommodation, this triggers an ongoing interactive process with the employer, theemployee, and the employee's health care providers or other experts. Disclosure of the particular impairment is necessary to those involved in theinteractive process.

2. After a conditional job offer is made, but before an applicant begins working, an employer can ask the same medicalrelated questions to everyoneentering into the same job category.

3. When an employee is on the job and objectively appears unable to perform the essential job functions or is a direct threat or safety risk because ofthe impairment.

4. When an employee needs to establish eligibility under other laws such as the Family and Medical Leave Act.

To protect privacy, employers should retain an employee/applicant's medical information in a file separate from the personnel file. The access andviewing of the medical file should be limited to those authorized to have the information like supervisors or human resource personnel, as well as firstaid and safety personnel, if appropriate.

Another privacy issue employers face is when an employee is receiving a reasonable accommodation that coworkers notice.

For example, an employee with depression may be allowed to report to work every morning 30 minutes later than other employees as a reasonableaccommodation his or her health care provider recommended. A resentful coworker may complain to the supervisor or manager, thinking, "Why do Ihave to be on time and this employee does not?"

According to the EEOC, "if employees ask questions about a coworker who has a disability, the employer must not disclose any medical information inresponse. An employer also may not tell employees whether it is providing a reasonable accommodation for a particular individual." This presents adelicate situation.

Management needs to know how to respond to the complaining coworker without divulging the private medical information of the employee with theimpairment. A stock statement should be in every human resource manager's pocket such as:

"We appreciate your concern, and it is noted. The organization has addressed the issue with the employee. For privacy concerns, we cannot discussthe matter with you. Thank you for your concern."

It is always a good idea to check with your legal counsel regarding ADA matters. There can be subtle differences in the facts involved in a situation thatcould affect the proper employer response.

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CSRMA MEETING CALENDAR 2017JANUARY FEBRUARY MARCH APRIL

CSRMA EB - WED - 18 CSRMA LIAB (TC) - WED - 1 CSRMA LRP - SUN - TUE - 12, 13, 14 CSRMA EB (TC) - THUR - 20CSRMA BD - WED - 18 CSRMA WC - WED - 8 CSRMA OC - THUR - 30 CSRMA FIN - MON - 24

CASA January 18-20 Palm Springs CASA Feb 27-March 1 Washington DC

MAY JUNE JULY AUGUSTCSRMA LIAB - THUR - 11 CSRMA EB - THUR - 8 CSRMA OC - TUES - 18 CSRMA EB - WED - 23CSRMA OC - TUES - 16 CSRMA BD - THUR - 24CSRMA WC - THUR - 25

CASA August 22-24 San Diego

SEPTEMBER OCTOBER NOVEMBER DECEMBERCSRMA OC - FRI - 22 CSRMA EB - FRI - 6 CSRMA FIN - MON - 6 CSRMA EB - MON - 4CSRMA LIAB - WED - 20 CSRMA WC - WED - 18 CSRMA LIAB - WED - 8 CSRMA OC - THUR - 14

CSRMA OC - FRI - 10

CAJPA September 12-15South Lake Tahoe

G:\Share\CLIENT\jpa\CSRMA\Agenda\Admin\Calendars\Meeting Calendar2017.xls108

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G:\Share\CLIENT\jpa\CSRMA\Admin\CSRMA Organizational Chart - 01.24.17.doc 1/24/2017

CSRMA Board of Directors

60 Members

Executive Board Paul Bushee, Leucadia Wastewater District (President)

Greg Baatrup, Fairfield-Suisun SD (Vice President)

Ed Oyama, West Valley Sanitation District

Dan Child, Silicon Valley Clean Water

Mark Williams, Las Gallinas Valley SD

Logan Olds, Victor Valley WRA

Jason Dow, Central Marin Sanitation Agency

Jeff Moorhouse, Carpinteria SD (Alternate)

Officers Committee

Paul Bushee

Greg Baatrup

Secretary

George Emerson

Finance Committee

E.J. Shalaby, Chair

Carlos Oblites

Richard Duffey

Helen Gaumann

Treasurer

E.J. Shalaby

Program Management Alliant Insurance Services, Inc.

JPA Administration & Insurance

Dennis Mulqueeney

Seth Cole

Myron Leavell

Marilyn Schley

P.J. Skarlanic

Thary Ou

Tevea Him

Phuntsok Gaphel

Shadi Jalali

Loss Control Services

David Patzer, Risk Management Solutions CSRMA Risk Control Advisor

Heather Truro, HT Consulting Return to Work Consultant

Accounting

Tami Giovanni

Legal Counsel

Byrne Conley, Esq. Gibbons & Conley

Coverage Counsel

Alan Swerdlow, Esq. Boornazian, Jensen &

Garthe

Claims Mauri McGuire

Carl Warren & Co.

Financial Auditor

David Becker James Marta & Company

Claims Melissa Ryan

York Insurance Services, Inc.

Pooled Liability Program Committee

Jason Dow, Central Marin Sanitation Agency, Chair

Betty Burnett, SOCWA

Michelle Gallardo, Dublin-San Ramon SD

Jeff Palmer, Ojai Valley SD

Jon Newby, West Valley SD

OPEN (Alternate)

Workers’ Compensation Program Committee

Dan Child, Silicon Valley Clean Water, Chair

Sandeep Karkal, Novato SD

Rex Delizo, Stege SD

Roland Williams, Castro Valley SD

Barbara Buikema, Carmel Area WD

LeeAnn Warchol, Encina WA (Alternate)

Financial Advisor

Monique Spyke PFM Asset Management

LLC

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G:\Share\CLIENT\jpa\CSRMA\Admin\CSRMA Service Team Chart - 2017.doc Revised: 1/10/2017 9:08 AM

CSRMA California Sanitation Risk Management Authority

Service Team

Dennis Mulqueeney Senior Vice President

JPA Manager (415) 403-1421

[email protected]

Seth Cole Senior Vice President

Assistant JPA Manager (415) 403-1419

[email protected]

Tami Giovanni Accounting

(925) 963-0951 [email protected]

Thary Ou Account Representative

Account Support Services (415) 403-1433 [email protected]

Myron Leavell Account Manager JPA / Insurance Administration (415) 403-1404

[email protected]

Marilyn Schley Account Manager

Insurance Administration (415) 403-1432

[email protected]

David Patzer Risk Control Advisor

Risk Control Consulting Services

(707) 373-9709 [email protected]

Tevea Him Account Manager

Administrative Support Services (415) 403-1416

[email protected]

P.J. Skarlanic Vice President

JPA / Insurance Administration (415) 403-1455

[email protected]

Phuntsok Gaphel Account Manager

Accounting Support Services (415) 403-1447

[email protected]

Shadi Jalali Account Manager

Account Support Services (415) 403-1497

[email protected]

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