Article 1

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ARTICLE 1
INSURANCE COVERAGE AND CLAIM ADMINISTRATION

SECTION 1 – CASUALTY

100 PURPOSE - The primary concern of an effective casualty risk management program is reducing and preventing the occurrence of incidents which lead to financial liability for the County. Casualty risk generally arises from the actions and/or inactions of the County personnel in the carrying out of their official duties or from structural defects and/or hazardous conditions on County property.

101 INSURANCE COVERAGE - The Yuma County Board of Supervisors (“the Board”) approves the purchase of all policies insuring the County’s casualty risk. The County’s casualty insurance policies cover liabilities incurred by the following:

(A) Ownership of real property by the County.

(B) Ownership of personal business equipment by the County including computers, furniture and fixtures.

(C) Ownership and operation of motor vehicles, heavy equipment, all terrain vehicles (ATV’s), boats, and planes by the County and its employees.

(D) Operation of employees’ personal vehicles if used in the course of their employment with the County and if such use is approved by the Agency Head.

(E) Actions or inactions of past or present employees, volunteers, elected or appointed officials of the County as well as commissions, boards, districts, and authorities which operate under the direct supervision and control of the County, when acting in their capacity as agents of the County.

102 CATEGORIES OF CASUALTY LOSS - Three categories of casualty loss shall be utilized by the Risk Director to track claims: Auto, General, and Errors & Omissions (“E&O”).

(A) Auto - Losses caused to third parties when a County employee is involved in an accident while driving County-owned automobiles, heavy equipment, or the employee’s personal vehicle when being used for bona fide County business shall be classified as “Auto” casualty losses.

(B) General – Losses caused to third parties other than Auto and E&O, including, but not limited to, such things as slips and falls in County-owned buildings and injuries resulting from structural defects, shall be classified as “General” casualty losses.

(C) E&O – Losses caused to third parties and arising out of a negligent act, or failure to act, by a County employee shall be classified as “E&O” casualty losses.

103 CLAIM ADMINISTRATION - All casualty claims approved for payment shall be paid by the County to a limit set by the Board each fiscal year. All amounts which exceed this limit shall be paid through an excess insurance policy provided by an insurance company retained by the County. All claims shall be administered and tracked by the Risk Director. All County Agencies shall, upon request, make available to potential claimants a County approved Notice of Claim form. County employees shall not assist a potential claimant in the preparation of any claim. County employees shall direct potential claimants to the Risk Director if they have any questions regarding the Notice of Claim form.

104 CLAIM PAYMENT - The Risk Director shall be responsible for processing payments of all approved settlements.

105 CLAIM SETTLEMENT AUTHORITY - Claim settlement authority shall be as follows:

(A) Risk Director – The County Risk Director shall have the authority to settle all claims against the County for amounts not to exceed $5,000.00.

(B) County Attorney – The County Attorney, including its Deputy County Attorneys, shall have the authority to settle all claims and suits against the County for amounts not to exceed $20,000.00, exclusive of attorney fees and costs.

(C) County Administrator – Approval of the County Administrator shall be required for the settlement of all claims and suits against the County for amounts exceeding $20,000.00, but not to exceed $30,000.00, exclusive of attorney fees and costs.

(D) The Board – Approval of the Board shall be required for the settlement of all claims and suits against the County for amounts exceeding $30,000.00. Settlements of amounts in excess of the limit set pursuant to Section 103 shall be subject to insurance policy conditions.

106 SELF INSURANCE FUND - The Risk Director, under the direction of the County Administrator, shall be responsible for the management of the County self insurance fund. Such management responsibilities shall include, but not be limited to, preparing an annual budget, creating requisitions to pay for the charges made against the fund, obtaining actuarial reports, allocating premium costs, and securing excess insurance to protect the integrity of the fund.

107 LOSS PREVENTION - Loss prevention procedures such as employee training, use of safety devices and programs, regular inspections and risk assessments, and maintenance programs, shall be implemented to reduce the frequency or likelihood of casualty losses.

(A) Vehicle Fleet Management - All departments utilizing vehicles shall be subject to the County’s Vehicle Fleet Management program.

(B) Driver Selection/Approval – Only those employees who meet the qualifications of this section shall be permitted to operate vehicles on behalf of the County.

(1) All employees who drive vehicles in the course of their employment with the County shall be classified in one of the two following ways:

(a) Occasional Driver – Any employee whose use of a vehicle is incidental to their regular job description shall be classified as an occasional driver. Some examples of an occasional driver would include employees who use a vehicle to obtain office supplies, to deliver inter-office mail, and similar errand-type activities.

(b) Regular Driver – Any employee whose use of a vehicle is inherent to his/her job and/or is a part of their job description shall be classified as a regular driver.

(2) To evaluate the fitness of an employee as an occasional driver, the Agency Head shall:

(a) Ensure the employee has a current Arizona driver’s license; and

(b) Ensure the employee is at least 18 years of age.

(3) To evaluate the fitness of an employee as a regular driver, the Agency Head shall:

(a) Review the employee’s Motor Vehicle Record no less than once every two (2) years and keep a record of said review;

(b) Ensure the employee has a valid driver’s license;

(c) Ensure the employee is at least 18 years of age; and

(d) Ensure the employee is licensed to operate the type of vehicle he/she will drive.

(4) Employees classified as either an occasional or as a regular driver, shall not be permitted to
drive a County vehicle if within one year:

(a) The driver has been convicted of driving under the influence of drugs or alcohol; or

(b) The driver has been convicted of two or more moving violations.

(C) Operating Vehicles – All employees who are qualified pursuant to this section to operate a motor vehicle on behalf of the County shall be required to follow the guidelines in Section 107(C). Failure of an employee to follow said guidelines will result in disciplinary action which may include suspension or revocation of driving privileges, termination of employment with the County, or other discipline pursuant to the County’s Personnel Rules and Regulations.

(1) County Owned Vehicles – Use of any and all vehicles owned by the County shall be restricted to present employees and volunteers or elected/appointed officials who are at least 18 years of age, have a valid driver’s license, and who operate under the direct supervision and control of the County. Any person operating a County vehicle shall not use it for personal reasons, nor use it to transport individuals who are not employed by the County unless transporting such individuals falls within the scope and duty of the employee driver and is approved by the Agency Head. Those employees using County vehicles will be responsible for assuring that proof of insurance is kept in the vehicle. The Risk Director shall send copies of the updated certificates of insurance each year and these shall be placed in the glove box of each vehicle. Expired certificates shall be removed and destroyed.

(2) Rental Vehicles – Rental vehicles shall only be used for travel authorized by the Agency Head. Users of rental vehicles are responsible for filling out the appropriate travel forms so that the rental company will be paid. Rental vehicles shall be driven by, and used to transport, County employees only. Individuals other than employees may be transported in rental vehicles if such transporting falls within the scope of the duties of the County employee and is approved by the Agency Head.

(3) Personal Vehicles – Employees who drive their personal vehicles while on County business are subject to the requirements of this policy.

(a) Employee is required to have his/her vehicle in a condition which is in compliance with Arizona State law prior to using it for County business. Employee may not use a personal vehicle if said vehicle is in disrepair, does not have the required safety equipment, or if the vehicle presents a hazard to the employee or other drivers using the roadway.

(b) Employee must obtain authorization from his/her Agency Head prior to use of a personal vehicle for County business.

(c) Employee must maintain liability insurance with minimum limits required by law. Proof of insurance must be provided to the Agency Head by the employee prior to using his/her vehicle to travel.

(d) While in the course of County business, personal vehicles shall be driven by, and used to transport, County employees only. Individuals other than county employees may be transported in personal vehicles if such transporting falls within the scope of the duties of the County employee and is approved by the Agency Head.

(e) If at any time an employee decides to have his/her family members accompany them in his/her personal vehicle while he/she is performing duties in his/her capacity as a County employee, the personal automobile insurance policy of said employee shall be the primary insurer of the employee’s family members who sustain injuries as a result of an accident involving the employee’s personal vehicle. For property damages to the employee’s vehicle and/or personal injuries sustained by the employee while he/she is performing duties in his/her capacity as a County employee, the County shall be the primary insurer.

(f) If a situation arises in which an employee must use his/her vehicle for a personal reason while conducting County business, said employee will be considered “off duty” while attending to the personal matter and will not be considered “on duty” until his personal business is complete and he/she is again performing work for the County. The distinction between “off-duty” and “on-duty” is made only for insurance coverage purposes and will not require tracking by the Agency Head.

(4) Commercial Vehicles – Employees who drive County-owned commercial vehicles must have a valid Arizona Commercial Driver’s License (CDL) as well as a current health card.

(a) The Agency Head shall be responsible for ensuring that his/her commercial drivers have a valid CDL and shall maintain records that verify that the Agency Head has performed a verification of such validity.

(b) The Agency Head shall be responsible for ensuring that his/her commercial drivers have a current health card and shall maintain records that verify that the Agency Head has performed a verification of such currency.

(5) Use Of Vehicles Outside the United States – Employees shall not drive County vehicles or personal vehicles authorized for County use outside the United States unless all of the following requirements are met:

(a) The purpose for driving the vehicle outside the United States is directly related to a County function;

(b) The use is authorized by the Agency Head; and

(c) Appropriate insurance certificates are placed in the vehicle.

(6) Traffic Laws – All traffic laws shall be obeyed by County employees while using County vehicles, personal vehicles or rental vehicles, in the course of their employment. Payment of any and all fines arising from an employee’s violation of traffic laws will be the sole responsibility of the violating employee.

(7) Alcoholic Beverages/Illegal Drugs – At no time and under no circumstances will a County employee drive a County vehicle under the influence of alcoholic beverages and/or illegal drugs.

(a) In the event a motor vehicle accident occurs while an employee is conducting County business, and there is a reasonable suspicion that the employee is under the influence of alcohol and/or illegal drugs, said employee will be required to submit to an alcohol/drug test.

(b) Any employee involved in a motor vehicle accident while on County business and who refuses to submit to an alcohol/drug test when there is a reasonable suspicion that he/she is under the influence of alcohol and/or drugs, will be subject to disciplinary action that may include termination from employment with the County.

(c) Any employee found to be under the influence of illegal drugs and/or alcohol at the time of a motor vehicle accident will be subject to discipline pursuant to the Yuma County Personnel Rules and Regulations, which may include termination from employment with the County.

(8) Prescription Medication/Illness – If at any time a County employee is impaired by reason of illness or the effects of prescription medication, said employee shall contact his/her supervisor. It is then the supervisor’s responsibility to take appropriate action to ensure that the employee can carry out his/her duties safely and effectively.

(9) Use of Cellular Telephones and Personal Data Devices – Employees’ use of cellular telephones and personal data devices while operating a vehicle shall be subject to the following:

(a) Employees shall obey all federal, state, and/or local laws regarding the use of cellular telephones and personal data devices while operating a vehicle.

(b) Employees shall not use cellular telephones or personal data devices while driving either their personal or County vehicle when said vehicle is being used for County business.

(c) Employees needing to use their cellular telephones or personal data devices shall locate a lawfully designated area to park prior to initiating use.

(d) Law enforcement personnel may use their cellular telephones while driving provided that such use is necessary to the efficient performance of their law enforcement duties and such use does not violate federal, state, and/or local laws.

(D) Revocation/Suspension of Driving Privileges – If, during employment with the County, an employee violates the provisions of this policy, the employee will be subject to disciplinary actions to include, but may not be limited to, revocation and/or suspension of driving privileges.

(1) If an employee’s driving privileges have been revoked pursuant to this policy, they may be reinstated if the employee attends a safe driving class offered by the Risk Management Division of the Yuma County Administrator’s Office or a non-County vendor qualified to provide such training. If the employee decides to attend a safe driving class offered by a non-County vendor, the expense of attending said class shall be borne by the employee.

(a) The Agency Head, with the concurrence of the County Administrator, may suspend revocation of the employee’s driving privileges upon written agreement with the employee that he/she will schedule and attend a safe driving class. During the period of time between the signing of the agreement and the successful completion of the safe driving course, the employee may be allowed to drive a County vehicle on a probationary basis. During the period of probationary use, driving privileges shall be subject to periodic review by the Agency Head and may be revoked pursuant to this Policy and in accordance with the Yuma County Personnel Rules and Regulations.

(b) The decision to reinstate an employee’s driving privileges shall be made at the discretion of the Agency Head and shall require concurrence by the County Administrator as well as written verification of the employee’s successful completion of a safe driving class. Said verification shall be presented to the employee’s Agency Head, to the Risk Director, and to the County’s Human Resources Department for placement in the employee’s personnel file.

(2) If an employee’s driving privileges have been revoked pursuant to Section 107(D), but has not been dismissed from employment with the County, he/she shall be ineligible for reinstatement of his/her driving privileges unless he/she successfully completes an alcohol and/or drug education program and attends a safe driving class.

(a) Prior to reinstatement of driving privileges, the employee shall provide written evidence of his/her successful participation in an alcohol and/or drug education program as well as successful participation in a safe driving class. Said evidence shall be presented to the employee’s Agency Head, to the Risk Director, and to the County’s Human Resources Department for placement in the employee’s personnel file.

108 HAZARDOUS CONDITIONS - Any employee who notices a hazardous, or potentially hazardous, condition in County buildings, vehicles and machinery or on any property owned and maintained by the County, and which has the potential to cause injury to persons or damage to property, shall take appropriate action using the following guidelines:

(A) Correct the problem causing the hazard (examples of problems that can be corrected by the employee include, but are not limited to, certain liquid spills, obstructions of exits and walkways by boxes and other department materials, overloading of power outlets by plugging in an excessive number of appliances, etc.).

(B) If the problem causing a hazard is beyond the means of an employee to correct (i.e. vehicle problems, electrical problems or structural hazards), the employee should notify the Agency Head and the Agency’s Safety Officer who will be responsible for correcting the problem.

(C) If the Agency Head and the Safety Officer need assistance in correcting the hazard within their Agency, the Agency Head should inform the Risk Director of the problem. The Risk Director will then assist the Agency Head in correcting the hazard.

(D) If the Agency Head and the Safety Officer can correct the hazard, the Agency Head shall inform the Risk Director of the hazard and of the remediation undertaken to correct it.

109 HAZARDOUS CHEMICALS AND PROCESSES - All hazardous chemicals and processes utilized in the workplace shall be governed by the Yuma County Hazard Communication program, a copy of which is contained in the HAZCOM/MSDS binder of each Agency.

110 MAINTENANCE - Maintenance shall be divided into two areas: 1) preventative maintenance and 2) demand maintenance. Maintenance shall apply to all County vehicles, machinery and equipment.

(A) Preventative Maintenance – Preventative maintenance of County vehicles and equipment shall be performed according to the manufacturer’s recommendations to assure proper functioning and to prevent voiding of any manufacturer warranties. A record of all maintenance performed should be kept in the Agency’s file.

(B) Demand Maintenance – Demand maintenance shall be performed when the equipment’s parts are damaged or worn. Some parts are replaced when they fail (i.e. light bulbs, wiper blades, seats) and others when wear is detected through periodic inspections (i.e. tires, batteries, transmission/engine parts).

111 LOSS MITIGATION - All employees shall take immediate action following an accident to reduce the physical and/or financial impact on individuals and the County.

(A) Accident Protocol - In the event of a vehicular or non-vehicular accident, all County employees shall implement the following protocol:

(1) Any employee involved in, or witness to, an accident while on County business or on County property, shall immediately contact emergency services (through the agency’s non-emergency numbers if the accident is non-injury or 911 if there are injuries) and report the accident.

(2) The employee shall report the accident to the employee’s supervisor. If the employee’s supervisor is unavailable, the employee shall call the Risk Director.

(3) Supervisors shall report the accident immediately to the Risk Director.

(4) Employees shall cooperate with law enforcement and any and all other emergency service responders.

(5) Employees shall not make any statements about liability or fault.

(6) Employees shall complete an accident report to record the names, addresses and phone numbers of all persons involved and as many witnesses as possible. If there are any witnesses, employees shall request that they complete a witness statement. All completed forms shall be immediately forwarded to the Risk Director.

(7) If a County vehicle or other County property is damaged in the accident, repair requests and invoices shall be processed through the Risk Director.

(B) Claim Protocol - In the event that a claim is filed against the County, all employees shall implement the following protocol:

(1) All communication concerning claims involving employees or County property shall be directed to the Risk Director.

(2) Employees shall not respond to letters, claims, or court documents which make claims against the County, its departments, officers or employees. Employees shall contact the Risk Director if they receive such documents.

(3) The Risk Director shall be contacted concerning any question regarding casualty claim protocol.

(4) Upon request, employees shall provide a County approved Notice of Claim form to any and all claimants who request a form.

(5) Employees shall not assist claimants in completing claim forms and shall direct claimants to the Risk Director if said claimants have any questions or concerns.

112 PROCESSING OF CLAIMS - When the Clerk of the Board (“the Clerk”) receives notification of a claim against the County, its special taxing or improvement districts, its agents, employees or officers, the following procedures shall be observed:

(A) The Risk Director shall be the administrator of all casualty claims for the County and shall be responsible for all risk management files including, but not limited to, the opening, closing, archiving and destruction of same.

(B) Upon receipt of a claim, the Clerk shall cause the claim to be date stamped with the time and date pursuant to Board of Supervisor policy.

(1) The claim shall then be forwarded to the Risk Director and the County Attorney for processing.

(a) Any claim that can be settled or denied within the authority granted to the Risk Director pursuant to Section 105(A) shall be handled by the Risk Director, and subject to the following:

(i) At the request of the County Attorney, the Risk Director shall provide to the County Attorney copies of any and all responses made by the Risk Director to claimants involving claims that fall within the authority of the Risk Director to administer; and

(ii) At the request of the County Attorney, the Risk Director shall consult with the County Attorney to discuss the Risk Director’s intentions regarding response to claims and to receive input or advice from the County Attorney.

(b) Any claim requiring a legal analysis or response, or is beyond the settlement authority of the Risk Director, shall be forwarded to the County Attorney for administration.

(i) The County Attorney shall provide to the Risk Director a copy of any and all responses made to the claimant by the County Attorney.

(ii) Prior to formulation of its formal response, the County Attorney shall consult with the Risk Director to discuss the County Attorney’s plan of action and to receive input from the Risk Director.

(iii) The County Attorney shall meet at regular intervals with the Risk Director to provide information necessary to the tracking of the loss history of claims referred to the County Attorney for handling.

(2) County Agencies and employees shall cooperate fully with the Risk Director when he/she is investigating the allegations of a claim.

(a) The Risk Director shall be granted access to all documents (both paper and electronic), witnesses, accident and/or crime scenes, and property of the County necessary to the investigation of the claim.

(i) The Risk Director shall not be granted access if such access would violate applicable federal or state law or County ordinance.

(ii) The Risk Director shall maintain the integrity and confidentiality of any and all records provided to him/her and which are protected by federal or state law or County ordinance, and shall not disclose the nature of said documents to any unauthorized parties, unless required to do so by law.

113 PROCESSING OF LAWSUITS - When the Clerk of the Board (“the Clerk”) receives notification of a lawsuit against the County, its special taxing or improvement districts, its agents, employees or officers, the following procedures shall be observed:

(A) Upon receipt of a lawsuit, the Clerk shall cause the claim to be date stamped with the time and date pursuant to Board of Supervisor policy.

(1) The Clerk shall forward copies of the lawsuit to the County Attorney and the Risk Director.

(a) Copies of lawsuits filed in the Arizona Tax Court, those wherein the County is listed as a party due to its status as a taxing entity, zoning cases that do not involve damages (compensatory or punitive) and cases wherein only injunctive relief is requested, need not be forwarded to the Risk Director.

(2) The County Attorney shall apprise the Risk Director of any and all significant developments in the lawsuit and shall forward all settlement and expense invoices in connection with the case to the Risk Director for processing and tracking.

(3) Upon receipt of a complaint and summons, the County Attorney shall provide a litigation management plan to the County Administrator and the County Risk Director and shall advise the County Administrator and the County Risk Director if changes to the plan become necessary.

(4) When investigating the allegations contained in a lawsuit naming the County, its agents, employees or insurers, County Agencies and employees shall cooperate fully with the Risk Director.

(a) The Risk Director shall be granted access to all documents (both paper and electronic), witnesses, accident and/or crime scenes, and property of the County necessary to the investigation of the suit.

(i) The Risk Director shall not be granted access if such access would violate applicable federal or state law or county ordinance.

(ii) The Risk Director shall maintain the integrity and confidentiality of any and all records provided to him/her and which are protected by federal or state law or county ordinance, and shall not disclose the nature of said documents to any unauthorized parties, unless required to do so by law.

114 INSPECTIONS - All County Agencies are subject to inspections at any time by their respective Safety Officers, a Safety Committee Member, the Risk Director or any other person(s) working under the direct supervision of the Risk Director. Any violation of the standards set forth in this policy or the standards promulgated by OSHA shall be brought to the attention of the Agency Head and the Risk Director by the individual performing the inspection. A reasonable amount of time will then be given to correct the violation and the Agency Head will provide written verification to the Risk Director when said violation is corrected.

SECTION 2 – PROPERTY

200 PURPOSE - The primary concern of an effective property risk management program is to reduce and prevent the occurrence of incidents which lead to damage or loss to County property and, when such events occur, to reduce their impact.

201 INSURANCE COVERAGE - The Board approves the purchase of all insurance policies insuring the County’s property. The County’s property insurance plan covers direct losses to County property due to causes of loss not specifically excluded.

(A) Property losses shall be referred to the Risk Director for determination of coverage.

(B) All covered losses shall be paid by the insurer retained by the County for such coverage, exclusive of any applicable deductibles.

(1) All applicable deductibles shall be paid by the County, and payment of such deductibles shall be processed by the Risk Director.

202 CLAIM ADMINISTRATION - All property claims shall be administered and tracked by the Risk Director.

203 COLLECTION FROM LIABLE THIRD PARTIES - The Risk Director shall be responsible for pursuing collection activities against third parties responsible for damage to County property.

(A) Determination as to whether collection activity is warranted shall be made by the Risk Director.

(B) Unsuccessful collection attempts by the Risk Director may be referred to the County Attorney for possible legal action.

204 SELF INSURANCE FUND - The Risk Director, under the direction of the County Administrator, shall be responsible for the management of the County self insurance fund. Such management responsibilities shall include, but not be limited to, preparing an annual budget, creating requisitions to pay for the charges made against the fund, obtaining actuarial reports, allocating premium costs, and securing excess insurance to protect the integrity of the fund.

205 LOSS PREVENTION - Loss prevention procedures such as employee training, use of safety devices and programs, regular inspections and risk assessments, and maintenance programs, shall be implemented to reduce the frequency or likelihood of property losses.

206 HAZARDOUS CONDITIONS - Any employee who notices a hazardous, or potentially hazardous, condition in County buildings or on any property owned and maintained by the County, and which has the potential to cause injury to persons or damage to property, shall take appropriate action using the following guidelines:

(A) Correct the problem causing the hazard (examples of problems that can be corrected by the employee include, but are not limited to, certain liquid spills, obstructions of exits/walkways by boxes/other materials, overloading power outlets by plugging in too many appliances, etc.).

(B) If the problem causing a hazard is beyond the means of an employee to correct (i.e. electrical problems or structural hazards), the employee should notify the Agency Head and the Agency’s Safety Officer who will be responsible for correcting the problem.

(C) If the Agency Head and the Safety Officer need assistance in correcting the hazard within their Agency, the Agency Head should inform the Risk Director of the problem. The Risk Director will then assist the Agency Head in correcting the hazard.

(D) If the Agency Head and the Safety Officer can correct the hazard, the Agency Head shall inform the Risk Director of the hazard and of the remediation undertaken to correct it.

207 MAINTENANCE - All County property shall be maintained in a safe and working order and care shall be exercised by all employees to protect said property from any and all perils.

208 SECURITY – All County employees shall be responsible for preventing loss or damage to County property entrusted to their care.

(A) Business Equipment – Employees shall assure that the County business equipment entrusted to their care is not used, stored or transported in a manner that would subject it to loss or damage.

(B) Vehicles – Employees shall assure that County vehicles entrusted to their care are locked and have their ignition off when left unattended.

(C) Buildings – Agency Heads are responsible for the security of the buildings entrusted to their oversight.

(1) Proxy Cards – For County buildings using proxy cards for employee admittance, and all Agencies subject to proxy card use, the following procedures shall be observed:

(a) Agency Heads – Agency Heads shall be responsible for their subordinates’ use of proxy cards and the collection of said cards upon an employee’s separation from the Agency. Agency Heads who collect an employee’s card upon said employee’s separation from the Agency shall take immediate steps to assure that the card is properly deactivated.

(b) Employees – Since proxy cards are the property of the County, employees shall surrender their proxy card to their Agency Head upon request of the Agency Head. Employees shall use their proxy cards in accordance with this policy and all other County policies and shall not use them for any unlawful purpose or in a manner that would compromise the security of County property and employees. Employees shall surrender their cards upon their resignation, termination, or assignment to a new Agency. If an employee loses his/her proxy card, the employee shall be responsible for paying the costs to produce a new card.

(D) Computer Security – Security of County computer systems connected to the County’s computer network shall be governed by the policies developed and promulgated by the County’s Information Technology Services Department and which have been approved by the Board of Supervisors. Security of County computer systems not connected to the County’s computer network shall be the responsibility of the Agency Head.

209 LOSS MITIGATION - All employees shall take immediate action following a property loss to reduce its physical and/or financial impact on the County.

210 PROPERTY CLAIM PROTOCOL - In the event a property loss to the County, all County employees shall implement the following protocol:

(A) The Risk Director shall be immediately notified of any and all damage to County property.

(B) Immediately, or as soon as practically possible, after a loss to County property occurs, employees shall take reasonable steps to protect the property against further loss.

(C) The Agency experiencing the loss to County property shall provide to the Risk Director a detailed description of the events leading to the loss.

(1) All approved loss payments shall be processed by the Risk Director.

(a) The Agency experiencing the loss shall provide to the Risk Director all invoices, receipts, repair estimates and any other documents in connection with the repair or replacement of the damaged property.

(D) The Risk Director shall be contacted concerning any questions regarding property claim protocol.

211 INSPECTIONS - All County Agencies are subject to inspections at any time by their respective Safety Officers, a Safety Committee Member, the Risk Director, or any other person(s) working under the direct supervision of the Risk Director. Any violation of the standards set forth in this policy or the standards promulgated by OSHA will be brought to the attention of the Agency Head and the Risk Director by the individual performing the inspection. A reasonable amount of time will then be given to correct the violation and the Agency Head will provide written verification to the Risk Director when said violation is corrected.

SECTION 3 – WORKERS’ COMPENSATION

300 PURPOSE - Workers’ compensation insurance is a statutory, no-fault insurance that pays for medical treatment and, in some cases, wage compensation for employees injured on the job.

301 INSURANCE COVERAGE - County employees are covered under workers’ compensation insurance provided by the County for industrial injuries. The Risk Director shall manage and oversee the County’s workers’ compensation program and shall be contacted to answer any coverage and/or claim questions.

302 WORKERS’ COMPENSATION FUND - The Risk Director, under the direction of the County Administrator, shall be responsible for the management of the County workers’ compensation fund. Such management responsibilities shall include, but not be limited to, preparing an annual budget, creating requisitions to pay for the charges made against the fund, obtaining actuarial reports, allocating premium costs, and securing excess insurance to protect the integrity of the fund.

303 REPORTING INJURIES - Any employee injured during the course of employment with the County shall implement the following procedures:

(A) Medical Treatment – Any employee who is injured while working should seek medical attention at a facility that accepts workers’ compensation insurance. The Risk Director can be consulted to recommend an approved facility.

(1) Supervisors shall have the authority to insist that an injured employee seek medical attention if said injury presents a hazard of further injury to the employee or others, or if the injury renders the employee incapable of performing their job duties in a safe and effective manner.

(2) Supervisors shall have the authority to deny an injured employee admittance to the workplace if: 1) such admittance is contrary to the instructions of the injured employee’s physician, 2) such admittance to the workplace would contribute to the further injury, or aggravation of existing injuries, of the employee or 3) such admittance would be hazardous to the safety of the employee, his/her co-workers, or the workplace.

(B) Minor Injuries - Minor work-related injuries for which medical attention will not be sought shall be handled accordingly:

(1) The injured employee shall notify his/her immediate supervisor of his/her injury.

(2) Once notified by an employee of a work-related injury, the supervisor shall complete the Supervisor’s Report of Injury and forward the completed form immediately to the Risk Director.

(3) Upon receipt of the Supervisor’s Report of Injury, the Risk Director shall retain the original copy in an appropriate file.

(4) If within one year after a minor injury, the employee intends on seeking medical treatment for his or her injury, the employee shall notify his or her supervisor who will, in turn, notify the Risk Director.

(a) Upon receiving notification that an employee intends on seeking medical attention for his or her injury, the Risk Director shall follow the instruction in Section 105(C)(5).

(b) When seeking medical attention for his/her industrial injury, the employee shall follow the guidelines in Section 105(C)(6) through Section 105(C)(8).

(C) Serious Injuries - Serious work-related injuries for which medical attention will be sought shall be handled accordingly:

(1) If the injured employee is unconscious or otherwise incapacitated by his/her injury, any employee assisting the injured employee shall immediately call emergency services by dialing 911.

(2) If the injured employee is conscious and not rendered incapacitated by his/her injury, the injured employee shall notify his/her immediate supervisor of the injury.

(3) If the injured employee is unable to notify his supervisor due to the severity of his/her injuries, any employee assisting the injured employee shall notify the supervisor.

(4) Once notified by an employee of a serious, work-related injury for which the employee intends on seeking medical treatment, the supervisor shall complete the Supervisor’s Report of Injury and forward the completed form immediately to the Risk Director.

(5) Upon receipt of the Supervisor’s Report of Injury in connection with an injury for which the employee intends on seeking medical treatment, the Risk Director shall complete the Employer’s Report of Industrial Injury, submit it to the County’s workers’ compensation third party administrator, and shall place a copy in the County’s workers’ compensation file.

(6) Employees seeking medical attention for job-related injuries shall be required to use a medical provider that accepts workers’ compensation insurance.

(7) Employees shall inform the medical provider that the injury he/she is seeking treatment for is work-related by providing said medical provider with a copy of the Supervisor’ Report of Industrial Injury. If a copy is unavailable to the employee at the time medical treatment is sought, the employee shall verbally inform the medical provider that his/her injury is work-related.

(8) After completing his/her portion of the Physician’s Report of Injury employees shall request that the medical provider complete the physician’s portion of the form and forward it to the County’s claim administrator.

(D) Death - Work-related injuries resulting in the death of an employee shall be handled accordingly:

(1) Immediately following an employee’s death, the employee’s supervisor shall inform the Risk Director of the employee’s death and follow up such notification by completing the Supervisor’s Report of Injury and forwarding it to the Risk Director.

(2) Within eight (8) hours of an employee’s death, the Risk Director shall notify the Industrial Commission of Arizona, the Arizona Department of Occupational Safety and Health, and the County’s claims administrator of the fatality.

(E) OSHA Industrial Injury Log – All industrial injuries for which employees seek medical attention shall be recorded on the OSHA Log by the Risk Director.

(1) The Risk Director shall be responsible for maintaining the OSHA Log, including the proper classification of industrial injuries as recordable or non-recordable pursuant to OSHA guidelines.

(2) The Risk Director shall be responsible for issuing the yearly summary of industrial injuries for the County and for completing all reports required by OSHA and the Department of Labor.

304 MANAGEMENT OF WORKERS’ COMPENSATION CLAIMS – Management of all workers’ compensation claims shall be the responsibility of the Risk Director.

(A) The Risk Director shall perform a thorough investigation of each claim to determine compensability.

(1) An employee who files a workers’ compensation claim shall cooperate fully with the Risk Director or the person(s) designated by the Risk Director to assist him/her in the administration of the employee’s claim.

(2) Agency Heads or their supervisory personnel shall not limit or restrict the Risk Director’s access to the injured employee, his/her supervisors, or witnesses of the injury during the Risk Director’s investigation of the claim nor shall they take unilateral action that would impede the Risk Director’s investigation or adversely affect the claim’s proper administration.

(a) Agency Heads may, in their discretion, assign a contact person for their respective agency that the Risk Director shall be required to speak to when the employee’s claim affects their employment or work status. Such a circumstance may include, but not be limited to, availability of modified work duties or employment status under the Family and Medical Leave Act.

(3) If an Agency Head or employee’s supervisor believes an employee is malingering, questions the efficacy of the employee’s medical treatment, or has doubts about the compensability of an employee’s claim, the Agency Head or supervisor shall immediately contact the Risk Director to discuss his/her concerns.

(a) The Risk Director shall promptly investigate claim concerns and take appropriate action in accordance with state workers’ compensation laws and insurance industry claim management standards.

(b) Agency Heads and/or supervisory personnel shall not direct medical care, schedule independent medical exams, or take similar actions that would be considered claim management without the prior consent and approval of the Risk Director.

(B) Volunteers – Pursuant to Yuma County Resolution No. 10-43 all individuals approved to perform work for the County on a volunteer basis, shall receive workers’ compensation coverage under the County’s self-insured workers’ compensation program.

(1) Approval of Volunteer - In order for an individual to be considered a qualified volunteer eligible for workers’ compensation benefits, he/she must he approved as a volunteer by the Agency Head and the County Administrator.

(a) All Agency Heads utilizing non-County employees to perform volunteer work shall send a list of volunteers to the County Administrator. The list shall contain a statement by the Agency Head that the Agency Head approves the non-County employee as a volunteer and the nature of the work that said volunteer shall perform. The Agency Head shall sign the list before forwarding it to the County Administrator.

(b) Upon receipt of an Agency Head’s list of approved volunteers, the County Administrator shall review the list and the proposed job duties and determine eligibility for workers’ compensation coverage.

(i) If the County Administrator denies eligibility for workers’ compensation benefits to any of the proposed volunteers on the list forwarded by the Agency Head, the County Administrator shall inform the Agency Head, in writing, of his decision to deny insurance coverage.

(ii) If the County Administrator approves for workers’ compensation benefits the volunteers on the list forwarded by the Agency Head, the County Administrator shall sign the list indicating his/her approval and forward the original signed list to the Payroll Accountant in the Finance Department and provide a copy to the Risk Director.

(iii) The decision of the County Administrator regarding eligibility of volunteers for workers’ compensation coverage is final and not subject to appeal.

305 INSPECTIONS - All County Agencies are subject to inspections at any time by their respective Safety Officers, a Safety Committee Member, the Risk Director, or any other person(s) working under the direct supervision of the Risk Director. Any violation(s) of the standards set forth in this policy or the standards promulgated by OSHA will be brought to the attention of the Agency Head and the Risk Director by the individual performing the inspection. A reasonable amount of time will then be given to correct the violation(s) and the Agency Head will provide written verification to the Risk Director when said violation(s) are corrected.

SECTION 4 – UNEMPLOYMENT INSURANCE

400 PURPOSE
– Unemployment insurance is a mandatory social insurance program that assists employees who, through no fault of their own, become unemployed. However, in order to protect the program from fraud and abuse, careful response to and monitoring of unemployment claims is essential.

401 ADMINISTRATION OF CLAIMS – Management of all unemployment claims shall be the responsibility of the Risk Director.

(A) Upon receipt of notification of an unemployment claim, the Risk Director shall perform an investigation as to the reason for the claimant’s separation from employment with the County.

(1) Agency Heads and their personnel shall cooperate fully with the Risk Director in his/her investigation and shall provide to the Risk Director copies of all documentation necessary to a proper investigation of the claim.

(B) After a thorough investigation of the facts of the claim, the Risk Director shall make a written recommendation as to whether or not the claim should be protested and shall discuss said recommendation with the County Administrator and the County Attorney.

(1) If the County Administrator and County Attorney concur with the recommendation of the Risk Director, they shall sign the written recommendation indicating their concurrence.

(a) Upon receipt of the concurrence of the County Administrator and County Attorney, the Risk Director shall handle the claim pursuant to the Risk Director’s recommendation.

(2) If there is disagreement between the County Administrator and the County Attorney as to the Risk Director’s recommendation, the decision of the County Administrator shall be controlling.

(a) Upon receipt of the decision of the County Administrator, the Risk Director shall handle the claim pursuant to the County Administrator’s decision.

(C) The decision whether to file an appeal or petition to review of a claim determination made by the Department of Economic Security shall be handled in the same manner proscribed in Section 4.01(A) and (B) of this Article.

(D) All charges relating to unemployment claims shall be paid out of the County fund designated for such payment.

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