HomeMy WebLinkAbout41-Risk Management
CiTy'OF SAN BERaRDINO - REQUEST Q,R COUNCIL ACTION
From:
VICTOR LORCH, DIRECTOR
RISK MANAGEMENT
Subject:
WORKERS' COMPENSATION
BENEFITS PURSUANT
TO LABOR CODE 3363.5
FOR VOLUNTEERS, WORK
STUDY & INTERN
Dept:
Date:
MARCH 19, 1991
Synopsis of Previous Council action:
None.
! Recommended motion:
Adopt Resolution.
Signature
Contact person:
Victor Lorch
Phone: 384-5308
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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CIT~' 'OF SAN BER~ARDINO - REQUEST 90R COUNCIL ACTION
STAFF REPORT
To curtail liability exposure and contain potential 3rd party
liability claims against the city of San Bernardino by
volunteers working in the city, we recommend the Council
adopt a Resolution extending the city's Workers' Compensation
Coverage to volunteers, work study and interns while in the
scope of performing volunteer services or working for the
city.
Section 3363.5 of the
covering volunteers,
performing services or
California
work study
working with
Labor Code provides for
students and interns
Public Agencies.
By providing Workers' compensation benefits, we
any potential 3rd party claims and contain
indemnity costs within the Workers' Compensation
can curtail
medical and
guidelines.
We have checked with other cities such as Riverside and found
their City councils have adopted similar Resolutions. Being
self-insured, we can better serve these parties and create a
feeling of good will for the classes who serve the city of
San Bernardino.
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SUBJECT :
SHAUNA EDWINS, CITY ADMINISTRATOR <.}!. .
VICTOR F. LORCH, DIRECTOR OF RISK MANAGEMENT0 I:'L
WORKERS' COMPENSATION COVERAGE FOR VOLUNTEERS
TO:
FROM:
DATE:
March 22, 1991
COPIES:
FRED WILSON, ASSISTANT CITY ADMINISTRATOR
-------------------------------------------------------------
In order to curtail the exposure of volunteers working for
the City and filing liability claims against the city for
negligence, we recommend that a Council Resolution be adopted
to place the volunteers under the city's self-insured
workers' compensation system. By doing this, we will be able
to contain the costs of claims filed against the city and
also to provide a better relationship with our volunteers by
paying their claims promptly in accordance with the workers'
compensation system.
Should you have any further questions, please feel free to
give me a call.
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Effective January 1, 1990 the legislature passed and the governor signed into law Senate Bill
198 sponsored by Senator Greene.
This law effectively revises several sections of the California Labor Code. The most
significant changes are as follows:
Section 6401.7 . ~ requires all employers, regardless of size, to implement and
maintain an effective injury prevention program. The program shall be written and
shall include, but not be limited to, the following elements:
(1) Identification of the person or persons responsible for implementing the
program.
(2) The employer's system for identifying and evaluating workplace hazards,
including scheduled periodic inspections to identify unsafe conditions and
work practices.
(3) The employer's methods and procedures for correcting unsafe or unhealthy
conditions and work practices in a timely manner.
(4) An occupational health and safety training program designed to instruct
employees in general safe and healthy work practices and to provide specific
instruction with respect to hazards specific to each employee's job assignment.
(5) The employer's system for communicating with employees on occupational
health and safety matters, including provisions designed to encourage
employees to inform the employer of hazards at the worksite without fear of
reprisal.
(6) The employer's system for ensuring that employees comply with safe and
healthy work practices, which may include disciplinary action.
In addition, the employer shall correct unsafe and unhealthy conditions and work
practices in a timely manner based on the severity of the hazard.
The employer shall train all employees when the training program in first established,
all new employees, and all employees given a new job assignment, and shall train
employees whenever new substances, processes, procedures, or equipment are
introduced to the workplace and represent a new hazard, and whenever the employer
receives notification of a new or previously unrecognized hazard.
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CITY OF SAN BERNARDINO
INJURY AND ILLNESS PREVENTION PROGRAM
I. GENERAL
The city
committed
recognizes
injury and
of San Bernardino, through its management, is
to the safety and health of all employees and
the need to comply with regulations governing
accident prevention and employee safety.
II. OBJECTIVE
The primary objective of the Injury and Illness Preven-
tion Program (Program) is to insure compliance with the
California Occupational Safety and Health Act (Cal/OSHA)
Title 8, Section 3203, which requires each employer to:
A. Establish and maintain an effective Injury and
Illness Prevention program.
B. Provide a safe and healthy working environment for
all employees.
C. Reduce the human and financial losses resulting
from injuries and illnesses arising out of or
occurring in the course of employment.
D. Establish safety policies, committees, training and
communications processes which will contribute to
and be a part of the Injury and Illness Prevention
Program.
E. Establish on-going 1nJury and illness prevention
programs for all departments.
III. INJURY AND ILLNESS PREVENTION PROGRAM
A. Support
All employees are expected to comply with the
Injury and Illness Prevention Program. The program
reflects the administration's concern for safety
and its commitment to the policies outlined in the
program.
B. Responsibilities
1. The Mayor will be responsible for overseeing
the Injury and Illness Prevention Program. He
shall designate the city Administrator to
direct the Injury and Illness Prevention
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performance records.
d. Provide safety orientation, adequate job
training and continuing safety instruction
for all department employees.
e. Assist the Safety Officer and Occupational
Health Nurse in the on-going safety and
illness prevention training for super-
visors.
f. Insure compliance with Cal/OSHA regulations
with regard to specific performance such as
tailgate meetings.
4. The supervisor is the key to a successful
Injury and Illness Prevention Program. The
supervisor shall:
a. Recognize the potential or real hazards of
each job supervised.
b. continuously observe and evaluate work
conditions and procedures to defect and
correct unsafe conditions and practices.
c. Emphasize to employees the benefits of
observing safety procedures and of using
the prescribed protective equipment.
d. Enforce those safety rules, procedures and
policies applicable to their function.
e. Recommend discipline for employees who do
not comply with safety rules, procedures
and policies.
f. provide new employee orientation, job
specific training and tailgate training
sessions. Records of the training shall be
maintained in the department's files for a
minimum of three years.
g. promptly investigate injuries, illnesses
and accidents.
h. Encourage employees to report unsafe
conditions and to submit practical sugges-
tions for correction.
i. Immediately initiate action to correct all
safety hazards which are identified. The
supervisor shall notify the department head
immediately if further corrective action is
necessary.
j. Insure that tools, equipment and protective
devices are properly maintained and uti-
lized.
k. Perform those duties which will enhance the
success of the Injury and Illness Preven-
tion Program.
5. All employees are required to develop and
demonstrate safe work habits. They sh~ll:
a. promptly report to their superv~sor all
accidents and injuries occurring within the
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO, DECLARING THAT
VOLUNTEERS, WORK-STUDY AND INTERNS SHALL BE DEEMED TO BE
EMPLOYEES OF THE CITY FOR THE PURPOSE OF PROVIDING WORKERS'
COMPENSATION COVERAGE FOR SAID VOLUNTEERS, WORK-STUDY AND
INTERNS WHILE PROVIDING THEIR SERVICES.
WHEREAS the City of San Bernardino utilizes the services
of unpaid volunteers, work-study and intern in positions
within a number of its departments; and
WHEREAS section 3363.5 of the California Labor Code
provides that a person who performs voluntary service without
pay for a public agency as designated and authorized by the
governing body of the agency or its designee, shall, upon
adoption of a resolution by the governing body of the agency
so declaring, be deemed to be an employee of the agency for
the purpose of Division 4 of said Labor Code while performing
such services; and
WHEREAS Section 3363.5
of the Labor Code defines
"voluntary service without pay" to include those services
performed by any person who receives no remuneration other
19 than meals, transportation, lodging or reimbursement for
20 incidental expenses; and
21
WHEREAS the Mayor and Common Council wish to extend
22 Workers' Compensation coverage as provided by State law to
23 those persons providing voluntary services without pay work-
24 study and intern services to the City;
25 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
26 Council of the City of San Bernardino, as follows:
27 That persons who perform voluntary service without pay,
28 work-study and interns be deemed to be employees of the city
of San Bernardino for the purpose of Workers' Compensation
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coverage as provided in Division 4 of the Labor Code while
performing such service. This does not make a volunteer, a
work-study and intern an employee of the city for any purpose
other than such coverage, nor grant nor enlarge upon any other
right, duty or responsibility of a volunteer, work-study and
The Workers' Compensation benefits to
volunteers, work-study and interns shall be
benefits provided by state law and shall not include
additional benefits as may be provided by city to
employees.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1991, by the following vote
intern.
to with:
be provided to
limited to the
any
its
Council Members:
AYES
NAYS
ABSENT
ESTRADA
RILEY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
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RESOLUTIO~CLARING THAT VOLUNTEERS,~RK-STUDY AND INTERNS
SHALL BE ED TO BE EMPLOYEES OF THt jITY FOR THE PURPOSE OF
PROVIDING RKERS' COMPENSATION COVERA~ FOR SAID VOLUNTEERS,
WORK-STUDY AND INTERNS WHILE PROVIDING THEIR SERVICES.
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. HOLCOMB, MAYOR
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN
City fl'ttorney ,
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By ikt-z.-.,.,?- )'t;~
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