Presented by: Scott C. Emry Risk, Health, and Safety Manager Lake Washington School District Business Manager Conference

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1 Presented by: Scott C. Emry Risk, Health, and Safety Manager Lake Washington School District

2 You must lead the district staff in accordance with duties established by recognized standards of care You need to protect the financial interests of the district You are not expected to know everything, but should know who to see to get help and information

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4 The process of making and carrying out decisions that will minimize the adverse effects of accidental losses upon an organization. The process enables you to make tough decisions and justify your decisions It is a pro-active process rather than reactive

5 Negligence creates liability Negligence is defined as: The failure to act as a reasonable and prudent individual would act under the particular circumstances A person my be negligent by acts of omission (failure to act) or commission (wrongful act) or both

6 Four elements necessary to prove negligence: 1. Duty 2. Breach of duty 3. Injuries/damages 4. Causal relationship

7 An obligation one is bound in law or justice to perform

8 In place of the parent

9 By statue and law (WAC s & RCW s) By court cases By district policy By accepted safety standards (WIAA, USCPSC, ASTM) By common practice (neighboring school districts; community) By foreseeability (a legal standard meaning knew or should have knows )

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11 A loss is property damage to a thing(s) with a financial value or physical injury to a person A loss can also be an intangible injury to a person, such as loss of reputation, invasion of privacy

12 Identify and Analyze Loss Exposures Examine Alternative Risk Management Techniques Select RM Techniques Implement Techniques Monitor Results

13 Fire Water Damage (sprinkler failure, frozen pipes, etc) Vandalism Earthquake Weight of snow/ice Theft/Crime Auto accidents

14 Aircraft Watercraft Field Trips Athletics Carnivals Summer Camps Auctions Bake Sales

15 Theatre Playground Equipment Inflatable Toys After school Clubs Donations Transportation of students Door-to-Door Sales

16 Is the curriculum objective worth the risk of injury? Is there a safer way to achieve the same goal?

17 A system to reduce the frequency and severity by: 1. Exposure avoidance 2. Loss prevention 3. Loss reduction 4. Segregation of exposure units 5. Contractual transfer

18 Transfers risk of loss Premium payments Does not transfer all risk Subject to exclusions, limitations and conditions

19 A contractual arrangement whereby one party assumes the liability inherent in a situation, thereby relieving the other party of responsibility.

20 The definition of Named Insured on most school district policies reads something like this: The (name of school district), the Board of Directors and staff and volunteers While working within the scope of their duties Criminal and intentional acts are excluded Students are not insured CONSULT YOUR INSURANCE COMPANY FOR EXACT LANGUAGE

21 Air of Flight Activities hang gliding, helicopters, hot air ballooning, parachuting, skydiving, flying Motorized Races auto racing, soapbox derby, stunting, tractor pulls Watercraft any watercraft over 26 White Water Rafting and Jet Skis

22 Frequency Severity Trends

23 Frequency (how many) Falls on the playground Minor traffic accidents Theft of laptop computers Slips, trips and falls Severity (how much) Fires Strip searches Shootings Rape Catastrophic athletic Tornado, hurricane, earthquake

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25 10. Unsafe Facilities Buildings Campus Security Know about Rapid Responder Gyms After school use Key controls Facility Use Agreements/contractual transfer Liability release forms Fields and playgrounds Regular inspections and maintenance year around Grounds and parking lots Lighting, ice, pot-holes Open parking lot gates!!!!!!!

26 9. Unsafe Equipment Playgrounds Vocational education shops Science labs Athletic/PE AV carts Cafeteria tables Paper cutters

27 8. Deliberate Indifference Sexual Harassment Everyone must be trained employees and students Bullying In the classroom On the playground On the school bus Discrimination Employment opportunities Student programs Human Dignity Policy Student-to-Student assault Use of force De-escalation training

28 7. Failure to Report Student injuries Fights Athletic Events Field Trips Science experiments Lifting heavy equipment Small fires Third party injuries

29 6. Failure to Provide Safe Transportation Bus loading zones Discipline Field Trips Athletic Events Special Education Parent Volunteer Drivers Van Rentals Private Carriers Suggested Walking Routes

30 5. High Risk Activities Many activities, while not expressly excluded from insurance coverage, are strongly recommended against by your insurance provider due to increased potential for injury or death.

31 Canoeing Kayaking Wind surfing Private swimming pools Pie-In-The-Face Ropes Courses Water skiing Water parks SCUBA diving Bungee jumping Food eating contests Amusement park/carnival rides Mud or Jell-O Wrestling Athletics not approved by WIAA Roller Skating Fireworks

32 Equestrian activities Bonfires Building items Glass blowing Club Retreats Use of chemicals After school open gym Rattlesnake Roundups Paint Balling Firearms Trampolines Mountain climbing Spelunking Rock Walls Martial Arts Babysitting

33 4. Failure to Communicate Verbal and written Employment Issues Reports of Injury or damage Contractual Control Who signs what

34 3. Failure to Administer Appropriate First Aid In the classroom On the playground In the health rooms On field trips Don t forget athletics Know and understand the liabilities of AED s

35 2. Failure to Instruct Students Specific training for specific tasks 100% skills tests Document and keep records Progression Start from scratch each year Staff, including substitutes District policies Compliance with Federal and State Laws (WISHA) Sexual Harassment every 3 years Consider volunteers ALWAYS KEEP A COPY OF THE CURRCULUM WITH THE SIGN-IN SHEET!

36 1. Failure to Supervise In-Loco Parentis doctrine Duty to supervise (Code of Professional Conduct) In the classroom, halls, locker rooms Athletics & P.E. On the playground (1st in and last out) Before and after school Care, custody and control If you can t see them, you re not supervising them Never leave classrooms unattended

37 Comprehensive Emergency Management Plans All Hazard OSPI School Safety Center Safety Planning Toolkit Laws, RCW s, WAC s Compliance with statutes and best practices ALICE Positive relationships with police agencies Designated liaison Crisis Management Violence in school Death of staff or student at/away from school

38 Documentation is your friend! Doing the right thing may not be enough, can you prove it? Know and practice mandatory reporting of sexual abuse of a child Understand or get help with Public Records requests Train employees what NOT to put in s and other forms of written district communications Who you should get to know? Your insurance risk management team The Department of Labor and Industries Your local Fire and Police Departments Your Local Health Department

39 Scott C. Emry