ACCIDENT AND INCIDENT REPORTING (Incidents Involving Accident, Personal Injury, Assaults, Property Loss, Damage or Theft) NEPN Code: EBBB.

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1 ACCIDENT AND INCIDENT REPORTING (Incidents Involving Accident, Personal Injury, Assaults, Property Loss, Damage or Theft) Rationale: Timely reporting of accidents and incidents in a consistent manner is necessary to protect and safeguard the well being of employees, students, volunteers and visitors, while engaged in district-related activities, and to appropriately manage the district s liability risk. All district employees have a role to play in risk management, including implementing safe practices in the work and school environment, and taking action in accordance with these practices. The goal of risk management in the district is to protect employees, students, volunteers, and visitors from injury and, as well, to minimize the loss of property. An integral part of risk management is to learn from accidents or incidents that take place so that future similar incidents can be minimized or eliminated, where possible. Principals, non-school based department heads and other supervisory staff are, therefore, responsible for investigating the cause of an accident or incident, and taking appropriate actions that might be necessary to mitigate a recurrence. This includes reporting and taking care of any repair or maintenance items that may present physical hazards (e.g., removing broken glass from playground, repairing damaged step, securing loose components on playground structure, etc.). Regulation: The chief superintendent delegates to the superintendent of Finance and Business /Secretary-Treasurer or designate, responsibility for developing procedures for the reporting, monitoring and tracking of accidents/incidents involving employees, students, volunteers, and visitors while on district property or off-site locations, while engaged in district or school-related activities. Accident and Incident Reporting: In accordance with this regulation and the Reporting Procedures contained in district s Risk Management Manual, Module 15: Reporting Procedures, principals and non-school based department heads and other supervisory staff shall expeditiously report to the manager, Business Services, through the Electronic Accident and Incident Reporting System (EARS) accessible on the district intranet website, the following: all accidents in school or district buildings, on school grounds, or at off-site locations (for school or district activities) that resulted in personal injury, however slight it may appear at the time, of employees, students, volunteers or visitors (in the case of employee or volunteer injuries, a Workers Compensation Board (WCB) form may also be required see WCB explanation below); Page 1 of 5

2 all incidents (assaults, threatened violence, allegations of wrong doing, etc.) or occurrence of a serious nature or with the potential to cause injury that occurs on district property (or during school or district activities off-site) which involve or affect employees, students, volunteers, visitors, and/or the well-being of the school; any accident, incident or occurrence where the individual s reaction (including that of parents and guardians) suggests that legal action against the district could be possible; any damage, loss or theft of district property (which includes school property), including building structures, contents, and district-owned vehicles; and, environmental accidents/incidents such as chemical spills, asbestos contamination, etc. The required electronic Accident and Incident Form (as detailed in the Risk Management manual, Module 15 Reporting Procedures) shall be used for all reports completed. Where an accident or incident involves the injury of a student, the parents or guardians shall be notified immediately. The required electronic forms for damage, loss or theft of district property, WCB claims, automobile accidents, near-miss Hazard Reports, and for environmental accidents or incidents are also available through the Electronic Accident/Incident Reporting System (EARS). Workers Compensation Board (WCB) Claims In addition to completing an Accident or Incident Report Form for all accidents and injuries sustained while undertaking district work-related activities, an accident or incident involving volunteers or employees in the following job categories shall be reported through the Electronic Accident/incident Reporting System (EARS) to the manager, Business Services within 72 hours from the time of the accident or incident in order to appropriately document WCB claims: superintendents; exempt employees; support employees (including caretaking and maintenance employees); and certificated teaching employees who are either Career Technology Studies (CTS) teachers or who are in administrative positions, including principals, viceprincipals, assistant principals, supervisors, consultants and counsellors, To document claims, both a WCB Employers Report of Injury or Occupational Disease is required to be completed (using EARS) and forwarded to the manager, Business Services, in cases when one or more of the following circumstances has occurred: an injured employee in the above categories has received medical treatment; and/or, when the employee takes time off of work beyond the day of the accident; and/or, when the employee s injury requires the assignment of fewer or different work duties. Page 2 of 5

3 The employee injured must also complete a WCB Workers Report of Injury or Occupational Disease. District employees under the Canadian Union of Public Employees (CUPE) collective agreement must immediately report to the secretary, Caretaking Services and follow the reporting process outlined by the Caretaking Supervisor. All other WCB eligible employees or volunteers shall report injuries or lost time to their immediate supervisor who shall ensure the appropriate WCB forms are completed and submitted (using EARS). Business Services will provide the documents to Human Resources who will submit the reports to WCB. Teaching employees, other than certificated employees in positions listed directly above, are not eligible for Workers Compensation claims under the terms of the Workers Compensation Act. Investigations For more serious accidents/incidents and/or for WCB claims, and/or Occupational Health and Safety Act, Regulation and Code situations, and/or situations involving (or potentially involving) litigation against the district, more detailed investigation of the facts and circumstances may be required. The Occupational Health and Safety manual - Section 12 Accident/Incident Reporting and Investigation, contains an Appendix that provides guidelines for conducting investigations. Supervisory superintendents and/or the manager, Business Services may direct principals or non-school based department heads or other supervisory staff to conduct further investigation of any accident or incident or other situations noted above and report the results of that investigation expeditiously. Insurance Claims and Legal Matters The district s liability interests are protected, in part, through its insurance carrier and the provisions of its insurance policies. The secretary-treasurer delegates to the manager of Business Services the responsibility to: Report accidents and incidents to the district s insurance broker in compliance with the insurance policies; Follow up with a principal or a non-school-based department head, to ensure that appropriate action has been, or will be, taken to prevent recurrences, including cases where repairs and maintenance are required, and where risk management practices need to be strengthened; Maintain records to support insurance claims made by the district, and to assist in defending against claims advanced against the district; Ensure that appropriate superintendents and other supervisory employees, and employees directly involved are advised of any developments, where appropriate, in individual cases; and, Make whatever arrangements may be necessary for meetings and consultations concerning the matter, particularly when the district s insurance company appoints an adjuster to investigate an accident/incident, and needs to interview witnesses (e.g., students and employees). Employees, students and volunteers (including school councils) are generally covered by district liability insurance policies when those individuals are acting appropriately on Page 3 of 5

4 behalf of the district. Individual employees shall not attempt to address liability questions or concerns directed to them about an accident/incident. Questions or concerns about liability relating to an accident/incident are to be directed to the manager, Business Services. Confidentiality of Accident/Incident Report Information The names of employees, students, volunteers, etc. involved in any accident or injury shall not be released to the public, including to any individual with a potential legal claim, without the prior approval of the chief superintendent or the superintendent of Finance and Business/Secretary-Treasurer, upon consultation with appropriate legal counsel. Additionally, any release will comply, where applicable, with Freedom of Information and Protection of Privacy Act requirements. Media statements by district employees concerning accidents, public damage, or concerns about public health and safety shall only be made by the chief superintendent, or the superintendent of Finance and Business/Secretary-Treasurer, or the designate of either. Approval Date: February 8, 2011 Policy Reference: EL-6 Financial Responsibility, EL-7 Risk Management District Vision Reference: Relationships, Excellence in Teaching and Learning, Faith Legal Reference: School Act, s. 45 (8) Freedom of Information and Protection of Privacy Act (FOIP) Workers Compensation Act Occupational Health and Safety Act, Regulation and Code Other Reference: Occupational Health and Safety Manual (s. 12) Risk Management Manual (Module 15: Reporting Procedures) Page 4 of 5

5 Cross Reference: ADD, District Workplace Health and Safety BDG, Legal Protocol ECAD, District and Personal Property Replacement/Restitution EI, Insurance and Risk Management IJOA, Field Trips, Excursions and Student Travel (Within Western Canada) IJOAB, High School Student Travel International & National (Outside Western Canada) JJICA, Participation in Competitive Sports JLA, Student Insurance Programs JLI, Student Safety JLCE, First Aid Page 5 of 5

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