INSURANCE CLAIMS/ACCIDENTS/PROPERTY DAMAGE

Transcription

1 Administrative INSURANCE CLAIMS/ACCIDENTS/PROPERTY DAMAGE Responsibility: Legal References: Related References: Executive Superintendent of Business Services Insurance Act; Health and Safety Act; Workplace Safety and Insurance Act; Education Act Ontario School Boards Insurance Exchange Incident Report Form; Ontario School Boards Insurance Exchange Property/Boiler/Crime Report- Incident Report Form; FS-04-IA4 Equipment on Loan to an Employee; FS-04-IA2 Equipment on Loan to School/Division; FS-04-IA3 Computer & Related Equipment Assigned to an Employee for Regular Use; FS-92 Driver s/owner s Assurance of Insurance Coverage; FS-04-IA1 Automobile Accident Report; HR Accident Investigation Report; Administrative Procedure Reporting an Accident Under Workers Compensation; Administrative Procedure Transportation Off-campus; Administrative Procedure Student Transportation 1. Preamble The following procedures provide guidelines and expectations in response to injuries to employees and students, property loss or damage, playground safety, referees at boardsponsored events and ice rinks on Board property, along with related insurance claims and coverage. Certificates of insurance/additional insureds are outlined, and guidelines and expectations regarding volunteers are also provided. 2. Overview 2.1 Risk management is an essential part of every organization. The objective of our risk management program is to reduce our losses from theft and damage and minimize injuries resulting from accidents. Our program ensures loss reduction and cost control and includes: minimizing insurance costs; educating staff regarding risks and ways to avoid or minimize them; reducing exposure to loss and injury. 2.2 First licensed in January 1987, the Ontario School Boards Insurance Exchange, or OSBIE as it is commonly known, is owned and operated by its members. OSBIE provides insurance and risk management services to its members that comprise 85% of Ontario school boards and their employees. 2.3 Consistent with cooperative principles, each member in the insurance exchange assumes a share of the risk carried by all members of the pool. This cooperative venture is a self-insurance plan that provides liability insurance and coverage for property damage and vehicles. Our policy includes: May 2007 Page 1 of 13

2 2.3.1 coverage for property damage to Board-owned assets subject to a deductible amount; liability coverage for damages and injuries to people using Board facilities; automobile insurance for Board-owned vans, cars, and trucks; liability insurance for Board employees, co-op students while engaged in work assignments, sporting officials while at school events; volunteer workers. 2.4 Note that liability coverage for staff, volunteers, sports officials and cooperative education students is applicable while these individuals are acting within the scope of their assigned duties. 2.5 For more information regarding insurance claims and risk management, please contact: 3. Injury to Employees Accounting Services Clerk Extension 4323 or Accounting Services Supervisor Extension 4368 Refer to Reporting an Accident Under Worker s Compensation. (see AP 3140) 4. Injury to Students 4.1 Whenever an injury to a student occurs OSBIE requires the completion of an Ontario School Boards Insurance Exchange Incident Report Form. This applies to students registered in: day school; night school; summer school; co-operative education programs. 4.2 In the case of serious accident, accidents for which medical assistance is required, or a student is hospitalized overnight as a result of an accident: call both Accounting Services at , ext. 4323, and the OSBIE Claims Department at ; telephone your area superintendent; complete the OSBIE incident report immediately and send it to Accounting Services. 4.3 Although the school will contact OSBIE, Accounting Services staff will also notify OSBIE of the accident. OSBIE will in turn advise Accounting Services staff if they intend to send an adjuster to the accident location. The school will be advised to expect an adjuster and of the name of the adjuster. The adjuster, who is working on our behalf, will assess the situation and advise all of us of the steps to be taken. Details of the incident should not be discussed with anyone other than the adjuster. 4.4 Reporting Injuries: The student injury report must be completed accurately and promptly so our insurance carrier can begin processing the claim Be as specific as possible as to the type of injury - for example, lower portion of left arm or right ankle Provide as much information/explanation as you can in the details section of the report Expand on the accident in order to give the Board representative and the insurance company a clear understanding of what happened The details will help trigger memories of staff if the incident has to be recalled at a later date. May 2007 Page 2 of 13

3 4.4.6 Be specific and brief but do not include additional information or opinions for example, There should have been more sand around the playground equipment. or We knew the blade on the saw needed repair Send the completed forms to Accounting Services Retain a copy for your files if desired Please note that students, who have Student Accident Insurance currently supplied by Reliable Life Student Accident Insurance, must submit claims within 30 days of the date of the accident. This is the claimant s responsibility and not the Board s. 4.5 Dental Injuries: Children in Need of Treatment (Cinot) The following information is from an OSBIE Risk Management Advisory (D-1 Dental Injuries) Every year a large number of student injuries that resulted in damage to teeth are reported. If the injury occurred on school property or at a student activity, parents often look to the Board for compensation of dental bills. This happens most often if the parents did not purchase student accident insurance or have no dental coverage through their insurance plan at work. In most cases with these dental injuries, there is no liability on the part of the Board. Consequently, OSBIE will not compensate parents for their resulting dental expenses There is, however, a program available through the Ministry of Health to assist in these situations. You may be familiar with a program called Children in Need of Treatment or CINOT. This program enables local Health Unit staff to check students teeth and provides care for those who cannot afford treatment. This program also pays for dental treatments if an eligible child suffers dental pain, bleeding or injury. Repairs for cosmetic reasons only are not covered nor are future costs of crowns or caps. Coverage is provided for students up to and including Grade To qualify for coverage under the CINOT program the following criterion must be met: the family has no dental insurance coverage either through a dental insurance plan or student accident insurance; the family is not eligible for dental care and treatment under a social program; the cost of dental work would create a financial hardship for the parents The Ministry does not require families to undergo a means test. The parents simply indicate to their dentist that they require the assistance. The dentist then acquires the necessary forms from the local Health Unit and files completed forms with the Ministry. The dentist, not the parents, is reimbursed. When a student suffers a dental injury at school, you may wish to send home a form letter to his or her parents notifying them of the existence of this program Reduced claims means reduced costs to school boards. Claims directed to CINOT and payments of dental bills for dental injuries through this program (when the Board has no liability) would reduce the number of claims processed by OSBIE. 4.6 Student Accident Insurance (Quoted from: OSBIE Risk Management Advisory S-4 Student Accident Insurance) When students are injured on school premises or at school activities, the injured students and/or the parents of the injured students are primarily concerned with payment of incurred medical and dental accounts OSBIE s liability policy does not provide Voluntary Medical Payment coverage. Medical coverage is readily available through a Student Accident Insurance Policy Students and parents of students immediately look to the schools for payment of medical expenses if the student is injured on school property or at a school activity. A Student Accident Policy would look after most of or all of any medical or dental expenses. Payment of these expenses would probably eliminate many claims against the school board under the liability policy. Reduced claims mean reduced costs to school boards Each new school year, school boards co-ordinate the distribution of Student Accident Insurance kits. This presents an excellent opportunity for school boards May 2007 Page 3 of 13

4 to aggressively promote the purchase of Student Accident Insurance. Not only will the student be better protected, but the school boards will record a fewer number of liability claims A letter or a message to the parents from the Principal emphasizing the importance of the benefits of this coverage and the fact that the school board does not provide Medical Payments coverage could improve enrolment Information sessions for parents and students can be arranged at schools with resources from insurance agencies or insurance companies available to lead a discussion on the benefits of Student Accident Insurance Students should be apprised of the benefits of this coverage and encouraged to purchase it. Those students involved in sports, co-op education, shop, etc. should definitely purchase Student Accident Insurance The Waterloo Region District School Board makes student accident insurance available to parents of students in both elementary and secondary schools. The outside carrier is Reliable Life Student Accident Insurance Program IT IS IMPORTANT TO NOTE THAT A CLAIM MUST BE MADE TO THE INSURANCE COMPANY WITHIN 30 DAYS OF THE ACCIDENT. 5. Property Loss or Damage 5.1 Fires & Arson IN CASE OF EMERGENCY School Staff s Handbook states the following. If you see a fire: pull the nearest fire alarm; close doors and windows; evacuate using designated exits; ensure students in your charge are accounted for as you leave your teaching area, and once everyone is outside Whenever any type of fire occurs it is important that the fire be reported immediately. This allows the appropriate department and the insurance company to begin their work promptly. An Ontario School Boards Insurance Exchange Property/Boiler/Crime Report - Incident Report Form must be completed promptly and forwarded to Accounting Services Complete the details of the incident section indicating any information that could possibly be helpful to the Accounting Services and the Board s insurance company. Complete the final section indicating whom the incident was reported to: Fire Department; Health & Safety; Police Department; Officer s name; Police occurrence number; work order number, if needed A list of all the damaged property should be attached to the form and forwarded to Accounting Services. Be sure to include the make, model, serial number, Board etched number if applicable, approximate replacement cost and quantity of the item(s). You will be contacted, once the list has been received, regarding replacement/reimbursement of the items damaged Depending on the amount of damage caused by the fire, OSBIE may assign an adjuster to attend the site. In most cases, the adjuster is called at the time of the incident, usually by Plant Maintenance and Construction staff Please Note: The Board does NOT provide coverage for personal articles of employees or students lost in a fire unless the appropriate Form FS-04-IA2 has been completed prior to the occurrence. 5.2 Theft, Break-In, Forced Entry Whenever any type of theft, break-in or forced entry occurs an Ontario School Boards Insurance Exchange Property/Boiler/Crime Report Form must be completed. Once the form has been filled in, send it to Accounting Services so May 2007 Page 4 of 13

5 the appropriate Board personnel and our insurance carrier can begin work on the incident Complete the section, details of the incident Include any information that could be helpful to Accounting Services staff and OSBIE Complete the final section indicating: to whom the incident was reported - for example, Health and Safety or Police Department; the name of the investigating police officer; the police occurrence number; the work order number, if one is required For damages or theft of equipment be sure to include: the make, model and serial number if available; the Board etched number if applicable; the numbers for each item and the approximate replacement cost for each Once the form and list have been received by Accounting Services staff you will be contacted regarding replacement or reimbursement of the items damaged or stolen OSBIE may assign an adjuster to attend the site depending upon the amount of damage In some instances, Plant Maintenance and Construction staff call in an adjuster once they have visited the site and assessed the amount of damage Please note that the Board does not provide coverage for personal articles belonging to students, including bicycles and jewelry, or staff unless the appropriate form F-59 has been completed and filed prior to the theft or damage. 5.3 Mysterious Disappearances From time to time, it may become apparent an article at a location has been misplaced or disappeared from your site. When it is impossible for the principal or manager to ascertain that there has been a forced entry or other proof of theft of the missing article, we treat this as a mysterious disappearance. As such, there is no insurance coverage. The Board does not cover mysterious disappearances either. You do, however, have the option of replacing the item through your school-operating budget Each case is dealt with according to its own specific circumstances. If there are any suspicions regarding a particular incident, a call to Accounting Services or the Security Department may prompt an investigation In any case, an Ontario School Boards Insurance Exchange Property/Boiler/Crime Report-Incident Report Form should be completed and sent to Accounting Services. When you report that an article has disappeared you will be asked: when you discovered that the item was missing; if you have proof of forced entry; to describe the known circumstances surrounding the disappearance When completing the incident report please ensure that the following has been provided: the details of the incident including any information that could possibly be helpful; the item missing noting the make, model, serial number, and Board-etched number if applicable; the approximate replacement cost and the quantity of the item(s) missing Accounting Services staff will notify you regarding the decision to classify the incident as a mysterious disappearance or not and whether or not the article will be replaced by Accounting Services. 5.4 Equipment on Loan to an Employee Occasionally, employees need to borrow Board-owned equipment. For example, a staff person might take equipment home to become familiar with its operation May 2007 Page 5 of 13

6 before using it in the course of his or her job. Another example would be a teacher taking a computer home to prepare report cards. The key point is that the equipment will be used for Board business and not for personal use. Borrowing a video recorder to tape a wedding, for instance, is not an appropriate use of Board-owned equipment Take the following steps when you need to borrow equipment: complete an Equipment on Loan to an Employee Form FS-04-IA4; the principal or manager must approve the loan of the equipment; sign the form yourself and ensure that the principal or manager has reviewed your request and signed the form as well; send the white copy of the form to Accounting Services; when the equipment is returned, sign the yellow copy of the form; ensure that the principal or manager has noted the return of the equipment and signed the yellow copy of the form too; send the return or yellow copy of the form to Accounting Services; staff in Accounting Services will match the white or borrow copy of the form to the yellow or return copy The form is an acknowledgement that the Board is loaning you the equipment noted, without a fee. The Board s insurance does not cover the replacement of the equipment loaned to you in the event of damage or loss while it is in your possession. In signing the form you are assuming responsibility for the care, custody, and control of each piece of equipment you borrow. The assumption of liability on your part includes protection of the equipment under your homeowner s insurance policy By signing the form you are acknowledging that you have read the terms and conditions stated on the form and will take precautions to reduce the risk of damage or loss. Reasonable precautions would include, but are not limited to: ensuring the equipment is secured and protected while being transported; removing equipment from vehicles, where appropriate, and taking into your residence over-night; ensuring that your residence is locked and the equipment is stored in a safe, dry location; ensuring that your vehicle is locked and equipment is stored out of sight if you have to leave the equipment in the vehicle for a short period of time. 5.5 Equipment on Loan to School/Division Occasionally, there is a need for a staff member to loan personal property to the Board. An example of this would be musical instrument used for instruction, but owned by a teacher. An "Equipment on Loan to School/Division" Form FS-04- IA2 must be completed annually for each piece of equipment which is being used on Board premises and for which insurance coverage is requested. The Principal must approve the loan and acknowledge the educational value of the item on loan The form should be completed and sent to Accounting Services and a copy retained at the school. The insurance coverage will be for the period the equipment will be on the premises as stipulated on the form The form is an acknowledgement that the employee is loaning equipment to the Board, without fee. Board insurance will cover the replacement of such equipment in the event of damage or loss. The Board assumes the responsibility for the care, custody, and control of each piece of equipment borrowed and the assumption of liability includes that the equipment would be fully protected by the Board's insurance. 5.6 Computer and Related Equipment Assigned to an Employee for Regular Use Some staff are required to use and transport Board-owned tools and equipment on a regular basis. If this is the case, complete the following steps: complete the form, Computer & Related Equipment Assigned to an Employee for Regular Use, Form FS-04-IA3; May 2007 Page 6 of 13

7 send the form to the Manager of Information Technology Services for approval; he or she should then send the white copy of the approved form to Accounting Services; when the equipment is returned, sign the yellow copy of the form; ensure that the Manager of Information Technology Services has noted the return of the equipment and signed the yellow copy of the form; send the return or yellow copy of the form to Accounting Services; staff in Accounting Services will match the white or borrow copy of the form to the yellow or return copy Board insurance would not cover the replacement of such equipment in the event of damage or loss. The Board, however, does not want to place the burden of replacement on the employee. Provided that you have taken reasonable precautions to prevent loss or damage to the tools and equipment on loan to you, the Board will assume the cost of replacing items stolen or damaged. Reasonable precautions would include, but not be limited to: ensure the equipment is secured and protected while being transported; remove equipment from vehicles, where appropriate, and taking into the employee s residence over-night; ensure that the residence is locked and the equipment is stored in a safe, dry location; ensure that vehicle is locked and equipment is not left in a visible location if equipment must be left in vehicle for short periods of time Staff who have not exercised due diligence in securing the safety of Boardowned equipment may be assessed the costs of replacement in the event of loss or damage. A determination will be made after a review of the circumstances, discussions with the employee and supervisor, and a review of the steps that were taken to reduce the risk of loss or damage In signing the form, you are acknowledging that you have read the terms and conditions attached to the assignment of tools and/or equipment and will take precautions to reduce the risk of loss or damage. 5.7 Transportation and Vehicles Transportation of Students (In passenger vehicles driven by Board employees, volunteers or non-board employees): When students are transported in a private vehicle, the principal must ensure that those who provide transportation for students have adequate public liability and property damage insurance coverage. The Insurance Act stipulates that a vehicle owner s insurance is primary to any non-owned automobile liability insurance policy meaning a policy such as the Board s. Insurance requirements are as follows: a) by car a minimum of $1,000,000 public liability insurance; b) by van a minimum of $1,000,000 of public liability insurance; c) the driver must carry a valid driver s license with a G class. It is the principal s responsibility to ensure that volunteer drivers are made aware of the following: a) the Waterloo Region District School Board provides non-owned automobile liability insurance for accidents resulting in damages in excess of the insurance carried by the owner of the vehicle; b) the owner must carry a minimum of $1,000,000; c) each student being transported must have his or her own seat and a seat belt; d) pickup truck boxes are not to be used as a passenger compartment; e) motorcycles may not be used to transport passengers for Board purposes When providing transportation for students through employees or volunteers: a Driver s/owner s Assurance of Insurance Coverage, Form FS-92, must be completed by both the driver and the owner if different than the driver; May 2007 Page 7 of 13

8 the form must be kept on file at the school; a volunteer driver is only required to complete this form once per school year; if any information changes, it is the responsibility of the driver to inform the school of these changes The principal must keep a record of the names of staff who meet the public insurance coverage indicated above. Only those employees who meet the requirements will be allowed to transport students for school activities Please note that students should be discouraged from transporting other students to school events Personal Automobiles: (Insurance coverage for personal automobiles parked on Board property or being used on behalf of the Board) Personal Automobiles Parked on Board Property: The Board does not provide insurance coverage for personal automobiles while parked at your place of employment, while parked on Board property, or while being used for Board authorized business. Although the Board does not specifically provide automobile insurance, it does recognize the cost of premiums for employee purchased insurance through the mileage reimbursement rate. Personal Automobiles Being Used on Behalf of the Board: The Board does not provide insurance coverage for personal automobiles for employees or volunteers. It does, however, provide liability insurance under its Non- Owned Auto Insurance Policy. It provides insurance for accidents resulting in damages in excess of insurance carried by the owner of the vehicle. The minimum insurance coverage requirement by the Board is $1,000,000. A person who has volunteered to drive a personal automobile on authorized Board business must provide evidence to the principal/supervisor that the automobile is insured for a minimum of $1,000,000. (Refer to Transportation Off-campus section 3 Transportation of Students in passenger vehicles driven by Board Employees, Volunteers or Non-Board Employees.) AP Damage to Board-Owned Vehicles When a Board-owned vehicle is involved in a traffic accident: a) complete an Automobile Accident Report Form; b) send the form to Accounting Services; c) be specific when completing the form; d) provide as much explanation as possible in the section for details; e) see below for more information. If there is damage to the property of others: a) name and address of the property owner; b) telephone number of the owner, if possible. In addition to the above information, include the following if the damage occurred to another vehicle: a) the make, model, and year of the vehicle; b) the license number of the driver of the other vehicle involved in the accident; c) the location at which the vehicle can be inspected. If there are injuries as a result of the accident: a) describe the nature of the injuries and if possible, supply the names of the injured party; b) note whether or not the injured party was taken to the hospital; c) if a Board employee is injured, complete an Accident Investigation Report, Form #HR ; d) the form must be sent immediately to Human Resources; e) in the case of a fatality, please call OSBIE, our insurance carrier, directly at In all cases, when you are involved in a traffic accident while operating a Board-owned vehicle: a) provide the names, addresses, and telephone numbers, if possible, of any witnesses; b) indicate the location of the witnesses at the time of the accident; May 2007 Page 8 of 13

9 c) describe the accident using the diagram on the back of the form to illustrate what happened; d) indicate stop lights and traffic signs; e) use the details section of the report to expand upon the description of the accident; f) this gives both the Board representative and the insurance company a clear understanding of what happened; g) details will help trigger memories if you must recall the accident at a later date; h) attach additional pages if space is insufficient on the report form; i) to assist both you and the Board in the defense of any case arising from the accident, advise Accounting Services ( , ext or 4368) if you are charged with any type of traffic offense Please note that staff in Accounting Services and Plant Maintenance and Construction will arrange repairs to or replacement of Board vehicles. 5.8 Physical Education: (Quoted from: Physical Education Ontario Safety Guidelines Ontario School Boards Insurance Exchange) The Provincial Safety Guidelines focus teachers attention on safe instructional practices and recommended equipment for each class activity in order to minimize the inherent element of risk The primary responsibility for the care and safety of students rests with the school board and its employees. An important aspect in fulfilling this role is recognizing that there is an element of risk in all physical activity and managing that risk more effectively A guideline alone does not eliminate risk regardless of how well it is written or how effectively it is implemented. Safety awareness, practiced by the teacher, based on up-to-date information, proper safety equipment, common sense observation, action, and foresight, is the key to safe programming These Guidelines will: provide minimum safety requirements in physical activities; help make your programs safer; raise the level of vigilance related to safety issues on the part of administrators and teachers; answer many questions for staff There are separate Guidelines for the elementary and secondary levels, with each divided into three areas: Curricular: Providing the base requirements for the physical education core program Intramurals: Addressing the safety components of these activities for teachers and intramural supervisors Interschool Athletics: Covering all relevant issues for coaches and administrators, including information on higher-risk sports The Guidelines are concise and comprehensive, with a consistent format throughout. Each of the Guidelines covers: general information such as first-aid kits, skills instruction, facility and equipment inspection, and notification of risk; activity-specific issues, including equipment, clothing and footwear, facilities, special rules/instruction and supervision The Guidelines have been prepared with busy teachers in mind. Examples of this include: at-a-glance summaries for individual activities, providing a reminder for experienced teachers and all the need to knows for those less familiar with the activity; ready-to-use tools such as an emergency action-plan outline and safety checklists for different types of facilities and equipment. May 2007 Page 9 of 13

10 5.8.8 It is important to adhere to these guidelines as they provide a minimum standard of care that will be expected of all school personnel involved in physical education activity. 5.9 The Waterloo Region District School Board is following these Guidelines. It should be noted that these are minimum standards and that extra care and precaution may be taken Each school should have a copy of the Ontario Safety Guidelines in their school. If you require a copy of these Guidelines, please contact ext If you require more information on the Guidelines contact: Resource Department , ext, 4128 Waterloo Region District School Board OSBIE OPHEA (416) Fax: (416) info@ophea.org Eglinton Avenue East North York ON M3C 3C6 6. Playground Safety (Below is a portion of the OSBIE Risk Management Advisory P-2 Playground Standards.) 6.1 In March 1998, the Canadian Standards Association released CSA-Z standard on Children s Playspaces and Equipment. This standard is a minor modification from the guidelines which were released by CSA in All newly purchased or donated playground equipment must comply with CSA- Z standard. Until CSA begins a certification program for playground equipment sold in Canada, letters of compliance with this standard from the equipment manufacturer should be requested and retained with all other documents for this equipment An audit of all existing playground equipment should be conducted to determine the general use, condition and compliance level with the CSA standard. A plan should be in place to systematically replace the oldest equipment or that which is in disrepair with equipment that complies with the CSA standard. Unsafe equipment should be removed from service immediately Equipment installations should be done by qualified personnel (i.e. manufacturer/vendor) in accordance with the CSA standard. Volunteer installations should not be permitted unless supervised by qualified personnel All newly installed equipment, as noted in Item 3, must be inspected prior to use by a certified playground inspector. Retain inspector s check-list for future reference Implement a daily/weekly visual inspection program. This activity can be conducted by the principal or a custodian, and should be recorded in the daily maintenance log book at the school location Implement a monthly inspection program. Use monthly maintenance inspection check-lists provided by the manufacturer, or sample provided by CSA. These inspections can be conducted by the principal, a custodian or Plant Services department. Retain monthly inspection check-lists Each playground structure must be inspected annually by a certified playground inspector. The written inspection report must be retained with all other documentation for the playground structure, to be produced for inspection if required. May 2007 Page 10 of 13

11 6.1.8 Each school should conduct Playground Safety sessions outlining the playground rules applicable to that location. These sessions should be held for students, teachers and any volunteer yard supervisors at the beginning of each school year. 7. Referees at Board-Sponsored Events 7.1 Sports officials are engaged frequently at various Board sports events and activities. Sports Officials will be protected against claims for which they may be held legally liable at law arising out of their officiating activities while performing their duties. 7.2 For example: If a participant is injured and it is determined that the sports official did not properly perform his/her duties to maintain control of the event and properly enforce the rules, the official could be held liable for the injuries to the participant. Coverage would provide defence for the official and pay for any claims, subject to the terms, conditions and limits of the policy. 7.3 Coverage is not provided while the official is traveling to and from his/her assignment. 7.4 Refer to Personal Automobiles/Transportation of Students 8. Ice Rinks (Partial Quote from OSBIE Oracle September 200, Volume 12, Number 3 Ice Rinks by Diane Brunnetti, OSBIE U/W and Marketing Co-Ordinator.) 8.1 Here are implications for school boards that install rinks on school grounds under the following three situations Ice Rink on School Property Third Party Developer: If a municipality or community group wishes to install a rink on school premises, and if the school board is open to the idea, a contract or letter of understanding should be drawn up between the developer and the board. The board would grant permission for this use of its premises, subject to a set of conditions. The developer would take responsibility for maintaining the rink and supervising it or posting it for afterhours use. The school would be responsible for supervising it for school activities only. The conditions for permission might include maintenance of walkways and parking lots that might be used by the community to access the rink. It should be understood that most of the use of the rink would be outside of school hours. The developer should also be required to have insurance and to name the board as an additional insured with respect to the installation, maintenance and after-hours use of the rink on school premises Ice Rinks Installed by Board on its own Premises: By installing a rink, the board takes full responsibility for maintaining the rink in good condition at all times, as well as supervising it during school hours, posting rules, and ensuring that the walkways and parking lots that will be used by skaters after hours are maintained. If the rink conditions deteriorate, the board should take if off limits in order to prevent injuries to users caused by the poor condition of the rink. The maintenance of the rink will require regular, logged, inspections by school board staff, as well as remedial action as needed. The board s liability insurance protects the board from lawsuits arising out of board-installed rinks on board premises Volunteer Installation of Rinks on School Premises: The board should not permit volunteer groups to install rinks, unless it is willing to oversee the installation, and take responsibility of the rinks as outlined in Item (2). If the volunteers do not have their own insurance, and cannot sign a contract to take responsibility for maintenance, they would be considered to be volunteers working for the board. Therefore, volunteers must be supervised, and their work approved by qualified board staff. May 2007 Page 11 of 13

12 Volunteers are not covered by the Workplace Safety and Insurance Board, nor Accident Insurance, and should know this. In addition, the board should ensure that the volunteers are instructed in safe work practices, and wear all protective equipment recommended under the Health and Safety Act. 9. Certificates of insurance/additional Insureds (Quoted from: OSBIE Risk Management Advisory A-1 Additional Insured/Certificates of Insurance) 9.1 It is common for conservation authorities, municipalities, landlords, mall owners, property owners and others to request that they be added as additional insureds to a school boards liability insurance policy. They wish to be protected for liability arising out of the use of their premises and facilities for school activities and functions by the board. 9.2 OSBIE extends coverage to others when it is appropriate through the issuance of a Certificate of Insurance or the completing and signing of a Certificate presented by a property owner and approved by the board. 9.3 To enable OSBIE staff to make an informed decision on these requests and to issue Certificates correctly, boards should forward relevant documentation to us. The key information is: full name of party(ies) to be added; description of event or activity to take place; location of event or activity; name of board and/or school holding event; dates or term of coverage required; limit of liability insurance required by other party. 9.4 We don't automatically extend coverage for our policy limit to others. 9.5 Normally, we extend $1 million, or the amount requested in the contract with the Board. 9.6 Certificates naming others to your liability policy are only provided in response to contractual obligations. If a party is asking for proof of insurance, this can be provided by giving them a photocopy of the Confirmation of Insurance Certificate (available through Accounting Services). 9.7 When in doubt about what is required in a contract for use of premises, please contact Accounting Services at , ext or ext To obtain a Certificate of Insurance, contact the secretary to the Superintendent of Financial Services at , ext Volunteers (Quoted from: OSBIE S Risk Management Calendar for Schools September 1998 August 2000) 10.1 Volunteers provide a valuable resource for school activities and fund-raising. A volunteer must be screened and trained for the job expected. Training should include: playground rules, policies of acceptable discipline, issues of confidentiality, emergency procedures, etc. It is recommended that schools have policies and procedures for training and selecting volunteers and a manual for the information and education of volunteers Volunteers who have not been trained may be liabilities for the staff, and endanger the safety of children, as well as being at risk of injury to themselves Volunteers are protected by the Board s liability insurance against lawsuits arising out of their duties as assigned by the Board. Coverage only applies when the volunteer is May 2007 Page 12 of 13

13 carrying out assigned duties by the Board. Volunteers are not covered by accident insurance or by the Workplace Safety and Insurance Act through the Board. Good training will ensure the safety of volunteers as well as the safety of the students under the supervision of volunteers The principal is authorized by the Board to assign to a person who volunteers to serve without remuneration such duties in respect of the school as are approved by the Board, and to terminate such assignment. (Education Act, 1998, Section 171 (4)) 10.5 The principal is responsible for: determining the volunteering needs for your school; (including defining which activities are appropriate for volunteers to be involved in) the recruitment, selection and screening of volunteers; (This should include a screening process as well as interviews and reference checks. It should also include ensuring that volunteer drivers have valid insurance and a valid driver s licence. Refer to Student Transportation AP 4260.) approving and delineating the task and the assignment of the volunteers; the training and orientation of the volunteers; the supervision and evaluation of the volunteers; (Note: It is important to follow up or investigate any rumors of inappropriate behaviour by a volunteer.) the evaluation of the volunteer program; the recognition of the volunteers A Volunteer Reference Form should be completed by each volunteer in the school. 11. Insurance Claims Videos 11.1 The following videos are available for viewing. Please contact ext to borrow these videos Education Malpractice 37 min Legal Issues in Defense of Sports Injuries 1.02 hr Safety Strategies for Shops and Labs 44 min Environmental Strategies for Shops and Labs 36 min Defense of Shop and Lab Injuries 55 min Playground Safety 1.54 hr The Litigation Process 35 min Premises Inspection and Maintenance 37 min Legal Aspects of Occupiers Liability 1.02 hr Occupiers Liability Claims 39 min The Fountainhead Incident 51 min Restoration of Documents, Gym Floors & Computers 1.50 hr Case Study $2.5 Million School Fire 1.15 hr Directors & Trustees Liability/Parent Councils Liability 1.11 hr OSBIE Crime Claims Stats/Restitution for Crime Losses 31 min Crime Prevention Strategies/Student Crime Stoppers 1.44 hr. May 2007 Page 13 of 13