RISK MANAGEMENT OF Volunteer Programs & Social Service Providers

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1 RISK MANAGEMENT OF Volunteer Programs & Social Service Providers Presented by: July 24, :00AM via Webinar

2 The fine print The information and suggestions presented herein are for your consideration and loss prevention efforts. They are not intended to be complete or definitive in identifying all hazards associated with your organization. You are encouraged to alter them to fit the specific hazards of your operations and organization. All loss prevention and risk management procedures should be reviewed with the advice and counsel of your attorney and insurance professional.

3 Volunteers: The BIG picture WHY - What does risk management have to do with volunteers? BALANCE - Volunteers are hard to find! How can we accomplish this without intimidating people away from a volunteer opportunity? ACTION - What does an organized and risk managed volunteer program look like?

4 The Act of Volunteering WHAT? Vol-un-teer [vol-uhn-teer] a person who voluntarily offers himself or herself for a service or undertaking. a person who performs a service willingly and without pay.

5 Why are we working with (more) volunteers? Supplement existing resident services/programs Desire to bring expanded services to residents Specific need identified for an individual trained in a specialty. ie Financial Literacy ie Medicare ie Computers Increasing operating costs in a difficult economic climate. Is it too expensive for your organization to have this person on staff? (caution!) Take note: Who is running the program? Are the volunteer assignments specific?

6 Volunteer Risk Management is essential to protect Your tenant population. Responsibility to your lenders / investors The brand equity and good name of your organization. The financial health of your organization. Your people: Employees Board of Directors Your insurance loss ratio and experienced claims; they are with you for 3-5 years!

7 Ask some important questions: Is the person a volunteer, intern or employee? What is the organization s possible exposure to abuse and molestation allegations? How do we go about running background checks? Will volunteers be using their personal vehicle on behalf of the organization? How do we terminate the relationship with a problem volunteer that isn t working out? Are you going to incorporate a community service based program? (Court ordered.) What about internship programs?

8 Volunteer, Intern or Employee? True volunteers are those who: work toward public service, religious or humanitarian objectives; do not expect or receive compensation for services; do not expect anything in return; and do not displace any genuine employees. Have clear expectations set. Reminder: Review with your labor attorney!

9 Volunteer or Employee? RISK MANAGEMENT TIPS: Paying a volunteer is a quick way to make them an employee under the labor code. Do not offer benefits tied to hours of work. Volunteering is the benefit! Have a procedure for straight Reimbursement needs. Do not over use your volunteer. (Expectations?) Be careful with your employees also taking on volunteer roles with the organization. Wage and hour troubles will come up here. Are they still on the clock? Reminder: Review with your labor attorney!

10 How do volunteers impact your organization s insurance program? General Liability Sexual Abuse / Molestation Professional Liability Business Auto Workers Compensation

11 General Liability Insurance Liability to a Third Party Residents / Guests Bodily Injury / Property Damage Premises Liability Additional Insured Loss Prevention and Documentation Procedures How does this apply to a Volunteer? Know that Excess and Umbrella Liability coverage is also available.

12 Sexual Abuse / Molestation Risk Populations we must guard carefully: ALL Children, minors under age of 18 Adults with disabilities Elderly Does the organization have any coverage? Look to the General Liability coverage part. Typically there is a sublimit of coverage, and it is small and primarily used for defense costs. A vicarious liability claim, or allegation against a volunteer, could cost (tens of) thousands of dollars. And have a negative impact on the good name and reputation of the organization. Mandated Reporting Laws and training of volunteers and staff on expectations.

13 Professional Liability Most typically, liability coverage to protect against economic harm that a third party has alleged was a result of your error or omission. This does not include bodily injury or property damage. Think about your vicarious liability. Often a non-standard coverage. Be aware of Claims Made policy forms.

14 Business Auto At a minimum, the organization should have Business Auto Liability coverage for Hired and Non-Owned use of automobiles. This may not automatically include volunteers as covered drivers of non-owned automobiles. What about passengers of a volunteer driver? Remember: Insurance follows the car. It is recommended that volunteers not be allowed to drive their personal vehicle in the scope of their volunteer participation, or at least are not allowed to transport others.

15 Workers Compensation & Employers Liability Intended to be the sole remedy for an on the job injury in California. Is the person an Employee? Or a Volunteer? How will the policy for your organization respond to a volunteer injured while acting within the scope of volunteering?

16 Is there Workers Compensation coverage for Volunteers? A workers compensation insurance policy is not typically designed to automatically include volunteers. California does not require coverage for volunteers while acting in the course or scope of their volunteer efforts. Endorsement to existing policy may be available. Often expensive, strictly underwritten, difficult to obtain. Must complete a volunteer questionnaire, and your application is subject to individual underwriting based on scope of volunteer duties. Do you have a solid waiver / release of liability in place? Is there a reasonable alternative? Review with your Labor Attorney and Insurance Professional.

17 Possible Alternative to Workers Compensation for Volunteers of your organization. Accident Policy: Modest benefit for possible injury Provide a modest bodily injury benefit for a volunteer acting within the scope of their volunteer activity. May include Accidental Death & Dismemberment Relatively low cost, and provides a basic benefit for a volunteer. Coverage may be Primary or Excess.

18 A Well Managed Foundation Volunteers shall be treated much like Employees Create a needs assessment / evaluation plan / logic model to evaluate existing programs and services. Identify your volunteer needs, PLAN! Volunteer Coordinator / Supervisor Volunteer Application Background Checks / Fingerprinting Volunteer Manual Scope of Duty / Job Description The Service of Volunteering Positive Recognition / Positive Feedback

19 What does your organization need from its volunteers? Sincere desire to participate in the mission and vision of the organization. They believe in who you are! They believe in what you do! The volunteer will be very specific as to what they want to do for the organization. Know their expectations. Identify the specific skill set s/he would like to use. Identify the specific hours for their availability. Discuss openly with the volunteer and have a clear understanding of what they can or will not do.

20 Where do volunteers come from? Referral / Word of mouth Other non-profit organizations Active marketing for volunteers Newsletter Facebook / Twitter / Blogs Trade publications Time bank Colleges and Universities Unemployed individuals that want to keep up their skills and stay active Return to work programs Court ordered community service hours Employees of your own organization Not every volunteer is right for your organization

21 Volunteer Coordinator (or HR Director): Organizational Chart / Supervisory Contacts Attributes of the Volunteer Coordinator: Hire this person early! Strong background in human resources. Strong background in program development to fit the organization s mission. Your volunteers need this supervisor because: Keep the volunteer within scope / job description Ask questions to clarify procedure They may seek additional volunteer opportunity Accountability / Dispute Resolution Contact for emergency situation

22 Volunteer Application it s two fold! Standard questions: written (or online) Volunteer Name Contact Information Interview process: face to face Prior Volunteer Experience Aspirations and Objectives Professional Work Experience Availability for Volunteering (Days/Hours) Personal References Includes Waiver & Release of Liability, Confidentiality Statement, Code of Values, etc. Conduct a Volunteer Orientation

23 Background Checks / Fingerprinting and Procedures for Volunteer Supervision Why recommended? required? Consider mirroring your employee procedure No one-to-one contact Consider ratio of staff to volunteers Consider ratio of volunteers to residents Have a set procedure for due process

24 Volunteer Manual Early priority of the Volunteer Coordinator (or HR Director) before any volunteers are brought in for service. Includes: Welcome letter from the Executive Director. Summary about your organization and what the volunteer program seeks to accomplish. Outline the training objectives that volunteers may expect. Policies / Procedures (aka Rules) Organizational Chart / Supervisory Contacts Volunteer Job Descriptions Crisis Management Plan Volunteer s signature that they received it, read it and understand it.

25 Policies / Procedures Set expectations and benchmarks Official statements as to how the organization manages volunteers Possible termination of the volunteer relationship

26 Job Descriptions Look to your evaluation plan and needs assessment to create the job descriptions: for Senior programs for Family programs for Resident volunteers Highlight that this is a volunteer position, and not a position for employment. Mirror the standard job descriptions of your organization (same template). Be thorough!

27 How might a crisis arise? Volunteer acts outside the scope of their established volunteer efforts or duties. Catastrophic loss or injury at a location. Media inquiry regarding allegation of a resident or insider. Accident involving any participant.

28 Crisis Management Plan Train volunteers in this area so that they feel prepared for the unexpected. Working with disabled residents and/or other protected class of persons Understanding of sexual harassment or abuse/molestation exposures Basic Emergency Response Communications Guidelines Chain of Command! Authorized Media Spokesperson Everyone must follow your media policy Crisis Contact Plan of Action Mitigate further risk or damage. Volunteers poised and ready to help in time of crisis all hands on deck!

29 Celebrating the Volunteer! Rewards & Recognition This is not compensation. True volunteer does not expect a reward or incentive, but wants to be recognized for their service. Design a recognition program that is all inclusive. Luncheon Award ceremony public display of thanks! Newsletter or other media At a fundraiser Volunteer of the month Peer to peer volunteers recognizing other volunteers Not all volunteers want to be publicly recognized Volunteering is the reward!

30 OTHER COMMUNITY RESOURCES Social Service Providers What are the inherent risks of additional Strategic Partnerships?

31 WHY Social Service Providers? Utilizing local resources for specialized services in your communities (either paid or unpaid) Improve quality of life for residents Strengthen the relationship among providers in your local area Protect your people from providing advice or services in high(er) risk areas Remember: They are acting on behalf of your organization.

32 What kind of RELATIONSHIPS? Childcare Provider Likely your commercial tenant too! Health Service Provider & Social Services Medical Mental Health Nutrition, Wellness & Fitness Transportation Strategic Partnerships Boys & Girls Clubs or youth organizations AIDS Service Centers Tutoring/Mentoring Community Leader or Resident led workshop Artists, Musicians or Dance workshops Universities / Colleges (Service Learning Departments)

33 Additional Strategic Partnerships Vendors bring a terrific benefit to residents! Are they being pre-qualified? Where on your site will the vendor be operating? Do we treat everyone the same? Written Contract Insurance Documentation Do the service providers satisfy the partnership s obligations to CDLAC and/or TCAC? Fair Housing Rules providing equal programs for all protected classes?

34 Social Service Providers Have a MOU or full contract for services signed before the services begin. Include an indemnity in favor of your organization to trigger the service provider s own insurance policy for your protection. Carefully review their proof of insurance.

35 What are the inherent risks of working with a Health Service Provider or Social Service Provider? What is the potential for vicarious liability? Are they a tenant? Giving advice? Providing Treatment? What are their qualifications? Does this create a professional liability risk for the organization? Should we have a contract? MOU?

36 What are the inherent risks of working with a third party Childcare Provider? What is the potential for vicarious liability? Are they a tenant? Is there a playground? aka attractive nuisance Abuse or Molestation risks? Impact on Property Tax Exemption? Permitted Use Prohibited Use Compliance with laws Does the provider s insurance program matter to you?

37 Insurance and such Likely that Owner has a duty to the partnership that insurance requirements are met by all vendors. The provider says My insurance won t cover that! How do you verify insurance coverage? Is a Certificate of Insurance proper proof? What is an Additional Insured Endorsement? Not all endorsements are created equal. 30 Day Notice in the event of cancellation Note! ACORD form changes September 2009; September 2010 deadline for new form use Let s review a sample Certificate of Insurance

38 The Recap Goal of a risk managed volunteer program and service provider partnerships are to bring benefit to residents, but be wary of additional exposure. Well organized third party relationships will help with the long term success of your organization. Be proactive about managing risk. Discuss risk management, including insurance and contract strategies, with all employees and volunteers. Involve your legal and insurance professionals on a regular basis. Have a procedure in place for compliance. Volunteer programming provides a measurable and valuable asset to your organization. Make sure you have the systems in place to measure those assets, and the assets outweigh the risk. Is the risk actually worth it?

39 ROBYN ROBYN L. GRANDY GRANDY, JD, AAI, CRIS Principal Arroyo Insurance Services Principal 600 S. Lake Avenue, #306 ARROYO INSURANCE SERVICES Pasadena, CA S. Lake Avenue, Suite 306 (626) Pasadena, x22 CA HEATHER LAIRD Learning Communities Director COMMUNITY HOUSING WORKS 1820 S. Escondido Blvd., Suite 101 Escondido, CA (626) (760)