Risk Management Policy

Transcription

1 Risk Management Policy PURPOSE: NEW/REVISED POLICY: The California State Student Association maintains a Risk Management Policy to ensure the ongoing identification of potential risks and threats to the organization, as well as procedures to be used New; Supersedes Emergency Operations Plan EFFECTIVE DATE: August 16, 2010 I. Risk Management a. Management of risk is a priority function of the Association to ensure the use of resources for the established program purposes rather than for funding losses due to foreseeable risks. Management is responsible for conducting operations in a manner that does not create unreasonable risks of loss or injury; the identification and analysis of risks; development and selection of risk controls and risk financing to manage risks; implementation and evaluation of risk management techniques; and documentation of these actions to ensure the responsible planning, organizing, leading, and control of resources. The California State Student Association, herein referred to as Association, shall maintain a comprehensive risk management policy to ensure the protection of financial and human resources. b. Costs of risk shall be the responsibility of the Association. c. The Risk Management and Public Safety department within the California State University (CSU) shall provide assistance to campus entities in identification and examination of risks, selection of risk control and risk financing techniques, evaluation of the results, and improvement of risk management. II. Responsibility for Programmatic and Operational Risks a. The Association s management shall be responsible for comprehensive risk management of its respective activities, programs, and operations. All managers shall preserve resources for the established mission of the entity. Risks of loss in the areas of personnel, property, freedom from liability and financial resources can substantially impact campus entities' resources, programs, and operations. Campus entities responsible for activities and conditions shall manage risk of loss through a proactive and collaborative process enabling both specific and shared responsibility for management of risks in the conduct of activities.

2 b. Risk identification and analysis shall be a part of the initial development of programs and projects prior to commitment to perform. Responsibility of risk involved in a program or project shall be assigned to management. c. Within the parameters of an overall contractual agreement/understanding, acceptance of responsibility for a program, project, or property shall include authority and responsibility for control. III. IV. Risk Control a. The Association has implemented policies and procedures and an Emergency Operations Plan address control of risk in the work and academic environment. Risk Financing a. The Association has established and maintains cost effective risk mechanisms to address the financial liability for catastrophic losses. V. Liability a. Coverage for insurable liability is provided by the Association for all employees, officers and directors. VI. VII. VIII. IX. Illness and Injury a. Work related illness and injury coverage is provided for employees within the California State University personnel plan. Association employees are employed by the State of California, and therefore all employees are afforded to worker s compensation benefits. Property a. Coverage for real and personal property is generally not provided. The Association does not maintain real property. Accident and/or Health a. Accident insurance is provided for all employees, officers and directors while working on Association business. Health insurance is not provided by the Association for officers and directors. Limited coverage is provided for students traveling on Association programs within California and the United States. Accident Reporting a. All accidents involving personal injury and/or property damage/loss either on campus or at campus programs located off site shall be reported to the executive director. Traffic accidents, criminal activity, or serious bodily injury/property damage shall be reported directly to both the executive director and a California State University law enforcement officer. X. Automobile Accidents While On Association Business

3 a. Employees and student leaders involved in vehicle accidents while on official Association business shall file a Vehicle Accident Report (as required by the State of California automobile liability program) with the California State University Risk Management office within 24 hours of their return to their respective office. The Executive Director shall be responsible for assisting in the completion of the Vehicle Accident Report and completing a Review of State Driver Accident report and submitting it to Risk Management and Public Safety. XI. XII. XIII. XIV. Indemnification a. The Association shall consider indemnification standards for the Association s use in agreements, contracts, and memoranda of understanding. Officers and Employees a. Subject to limited exceptions, the State of California (including California State Universities) is obligated by law to provide defense and indemnification for employees for acts occurring within the course and scope of their employment duties. This provision applies to Association employees. Insurance a. The executive director shall review and recommend specifications for insurance purchases for the Association. b. Management and/or the board of directors may review and recommend the purchase of additional insurance for high risk and/or unusual activities, events, or programs. Additional insurance expenses shall be a responsibility at the program management level. Automobile Liability and Damage a. The University and the Association participate in the State of California automobile liability program. This program provides for payment for expenses, defense and damages on behalf of the University and its employees related to the operation of state-owned automobiles within the course and scope of employment. Cost of repair for damages to state-owned vehicles when it is determined the state driver is at fault shall be a responsibility at the program management level. b. State of California approved commercial rental car contracts provide for payment of automobile liability and repair of the rental car by the rental car agency on behalf of the State of California s entities and their employees related to the operation of rental cars within the course and scope of employment. c. The State of California automobile liability insurance program provides for payment for expenses, defense and damages in excess of the vehicle owner s required automobile insurance for the University and its employees related to the operation of privately owned vehicles within the course and scope of employment.

4 XV. XVI. XVII. XVIII. XIX. XX. XXI. Real and Personal Property a. Real property refers to land and buildings and structures attached to the land; personal property refers to all other types of property, such as furniture, equipment, livestock, supplies, etc. Risk exposures are the loss and/or damage of property from theft, fire, flood, misuse, etc. The Association shall bear the cost of state-owned property losses, including the payment of insurance deductibles, at the program management level. Management and/or the board of directors may review and recommend the purchase of additional insurance for high risk and/or unusual property. Additional insurance expense shall be a responsibility at the program management level. Employee Injury and Illness a. The State of California requires employers to maintain Worker s Compensation benefit programs to provide for medical services for work related injuries or illness of employees. This benefit is available to all persons employed by the University, including volunteer employees and student assistants. The University and Association maintain insurance to finance the cost of medical and related services for work related injuries or illness of employees as required by statute. Student Injury and Illness a. Neither the Association nor the universities at which Association business is conducted provide primary accident or medical insurance for students. Certificates of Coverage a. The Association maintains records of certificates of insurance, evidence of self insurance, or endorsements demonstrating coverage or providing additional coverage as required in contracts administered through the University s Contract and Procurement Department. Release Agreements (Waivers) a. Association management shall be responsible for the development and authorization of Release Agreements for relevant programs. Claims a. Claims against the Association-maintained insurance programs shall be reported to the board of directors by the executive director. b. The University s Human Resource Services department shall be responsible for direct handling of work-related claims by employees. Student Air Travel a. Any student air travel sponsored by the Association shall be conducted in ways which offer the least risk to the safety of participants and the least liability to the Association. Use of scheduled or chartered air transportation services must be reviewed and approved by the Executive Director and Vice President of Finance.

5 Selection of air carriers, planning of travel itineraries, and conduct of student air travel shall be done prudently by employees with demonstrated good judgment and with paramount concern for the safety of program participants. XXII. XXIII. XXIV. Motor Vehicle Use a. Employees may be authorized to use a privately-owned vehicle for official University or Association business if the employee certifies that the vehicle being used is covered by standard liability insurance, adequate for the work to be performed, equipped with safety belts in operating condition, and in safe mechanical condition as required by law. b. Employees shall use one of the commercial vehicle rental companies currently under contract with the State of California when renting a vehicle for official University or Association travel. Eligibility to Drive Vehicles on Official Association Business a. To be eligible to drive University-owned, privately-owned, and/or commercial rental vehicles on official University or Association business, the vehicle driver must be an Association employee and must have a valid California state driver s license. Drivers must certify that they have no outstanding traffic warrants and have not been issued more than three moving violations or have been responsible for more than three at fault accidents (or any combination of more than three thereof) during the past twelve month period. Employees with unacceptable driving records should not be authorized by their supervisor to drive vehicles for University or Association business purposes. The University shall be responsible for reviewing employee Motor Vehicle Driving Records, notifying supervisors of those employees whose driving records are poor and/or unacceptable, and recommending appropriate action. 15-passenger Van a. Use of multiple passenger vehicles can provide economical transportation for such Association programs as lobbying trips, campus organizing, advocacy programs and special development trainings. However, use of specialized vehicles requires increased efforts to address safety of operations related to the drivers, their supervisors, the vehicles and passengers. In order to minimize the frequency and severity of bodily injury or property damage related to the use of 15-passenger vans on Association business, increased attention to risk control of drivers, passengers, vehicles, and operations is necessary. b. Drivers of 15-passenger vans shall comply with the California State University Use of University and Private Vehicles policies and procedures which includes equipping the vans with passenger seatbelts and requiring their use. In addition and prior to driving a 15-passenger van, drivers shall be required to complete driver/passenger van safety training, submit a driver license/identification record information or driving record from the Department of Motor Vehicles, and have a Class B driver s license* and a medical certification. Association management,

6 via the University s Risk Management and Public Safety department, shall provide the driver with written approval indicating that all requirements have been met upon submission of the required documentation. XXV. XXVI. XXVII. XXVIII. XXIX. XXX. Environmental Compliance a. The Association shall comply with applicable federal, state, and local laws and regulations related to environmental protection and pollution control. Hazardous Waste Control a. All hazardous waste materials shall be handled, stored, managed, and disposed in compliance with applicable federal and state laws and regulations. Injury and Illness Prevention Program a. The Association shall plan and maintain, insofar as it is reasonably within its control to do so, a workplace environment for staff, students, and the general public that will protect their health and safety and prevent avoidable risks of accidental injury or illness. Association operations shall be conducted in a manner to avoid injuries or illnesses and to comply with all applicable regulations and, when appropriate, with accepted health and safety standards. No student or employee will be required to perform any task that is determined to be unsafe or unreasonably hazardous. b. To implement this safety policy, managers and supervisors shall ensure that facilities and equipment meet all federal, state, and local safety laws and regulations, and shall promulgate and supervise compliance with appropriate policies, standards and procedures. Employee shall also have an avenue to report potential safety hazards without fear of retribution, and with confidence that they will be addressed in a timely manner. c. All employees, officers and directors of the Association are responsible for cooperating fully with all aspects of the University s health and safety programs. Program management shall ensure the performance of health and safety inspections, safety training, hazardous materials inventory, and hazard assessment. Injury and Illness Investigations a. Program management shall ensure that all injuries and illnesses related to campus operations and programs are investigated by the supervisor of the injured party. Findings and corrective actions shall be reported to Environmental Health and Safety. Emergency Management Planning a. The executive director shall be responsible for the development and maintenance of the Association s Emergency Management Plan. Emergency Management Plan

7 a. Background: The Emergency Management Plan identifies procedures utilized by Association staff in the event of an emergency at the Office of University Affairs and/or Office of Government Relations; as well as the procedures utilized by the board of directors during a plenary session. These procedures are designed to mitigate and manage risk during working hours. b. Plan Utilized within Association Offices: The Association shall follow the California State University Emergency Operations Plan and follow all necessary procedures in the event of an emergency at or near the Office of University Affairs and/or Office of Government Relations. The California State University Emergency plan establishes policies, concepts and general protocols for the implementation of the Standardized Emergency Management System (SEMS) c. Plan Utilized during CSSA Plenary Sessions: The Association shall assume the procedures outlined in the California State University emergency Operations Plan in the event of an emergency during a monthly plenary session. The board of directors shall also obey all posted regulations and procedures at facilities where the plenary takes place. The California State University Emergency Plan establishes policies, concepts and general protocols for the implementation of the Standardized Emergency Management System (SEMS). d. Reference to The California State University Emergency Plan: The California State University Emergency Plan, utilized by the Association in the event of an emergency at an Association office or during a monthly plenary session, can be found on the CSU Web site, at this URL: Calstate.edu/operations/emergency_operations/default.aspx. XXXI. XXXII. XXXIII. Information Security Program a. The Association shall protect the confidentiality of information in the custody of the Association, the security of the equipment where this information is processed and maintained, and the related privacy rights of the CSU students, faculty, and staff concerning this information. b. All employees, officers and students having access to Association information technology resources, shall comply with this policy. Confidential-Security Policy a. Access to computers and data is a privilege extended at the discretion of the Association. The Association shall retain the right and authority to revoke or restrict such privileges at any time. Access to Association computers, computing resources, and data will be restricted, denied, or discontinued by the Association for failure to abide by this policy. Reporting Information Technology Security Incidents a. Employees, officers and directors shall report violations of the Confidentiality- Security Policy and/or unauthorized modification, deletion, or disclosure of information included in Association data files and data bases.

8 XXXIV. XXXV. XXXVI. XXXVII. Succession of Officers a. In the event of incapacitation, the following succession plan shall apply to the executive officers of the board of directors: president; vice president of finance; chair. In the event of incapacitation of all three listed officers, an election shall be held at the next regularly scheduled plenary session. Succession of Staff a. In the event of incapacitation of the executive director, the assistant executive director shall serve in a de-facto management role and assume duties associated with day-to-day Association management, supervision of staff, and communication with University employees and directors of the board. In the event of permanent incapacitation of the executive director, the Association shall conduct an official search for a replacement. Management of Association Funds a. The Association shall maintain a Reserves and Investments Policy to ensure the appropriate management of risk associated with financial resources. Whistleblower Protection Policy a. The Association maintains procedures for employees and applicants for employment to make protected disclosures of improper governmental activities or significant threats to health and safety and to filing claims regarding potential retaliation. The Association shall regard Executive Order 929, located online at when seeking procedure to disclose information. The Association shall regard Executive Order 822, located online at when seeking procedure to file a claim regarding potential retaliation against an employee. Examples of improper activities by state employees that can be reported are illegal acts like theft, fraud or conflicts of interest; misuse or abuse of state property or time; and gross misconduct, incompetence or inefficiency. Employees have the option of contacting the California Bureau of State Audits (BSA) regarding any whistleblower protection matter. There are two ways to share information with the BSA: Call the Whistleblower Hotline at (800) , or mail it to Investigations, Bureau of State Audits, 555 Capitol Mall, Suite 300, Sacramento, CA Additional resources may be found online at