PD-2005-01
September 22, 2005
MEMO TO:Vice Presidents, Deans, Directors, Chairs and Administrative Heads
FROM: President Don W. Kassing
SUBJECT: Presidential Directive 2005-01, Risk
Management (Supersedes PD 2000-02)
In accordance with California State University (CSU) Executive
Order #715, each campus president shall develop a risk management
policy designed to reduce risk to the campus community. The intent
is to protect the people, property, resources, and legal
obligations of the institution. The program will be administered
within the guidelines of the CSU Systemwide Risk Management
Program.
It is incumbent upon all faculty and staff to minimize risk
associated with unsafe conditions, environmental risks, and
employment practices by both proactively identifying risks and
promoting a "safety first" approach in all campus endeavors. By
creating a culture of safety and self-responsibility, coupled with
efforts to correct potential risks quickly and effectively, the
University can protect its valuable people and resources.
Management of risk ensures that resources are used for established purposes rather than for funding losses. Risk management responsibilities include: conducting campus operations in a manner that does not create unreasonable risks of loss or injury; the identification and analysis of risk; development and selection of risk controls and risk financing; implementation and evaluation of risk management techniques; and documentation of these actions to ensure the responsible planning, organizing, and control of resources.
The Risk Manager in the Human Resources Service Group shall
provide assistance to campus entities in identification and
examination of risks, selection of risk control and risk financing
techniques, and evaluation of the results for the improvement of
risk management and well being of all people, property, and
liability at the University.
Attachments
DWK:ms
Table of Contents
1.0 Risk Management
1.1 Responsibility
1.2 Risk Control
1.3 Risk Financing
1.4 Liability
1.5 Property Insurance
1.6 Property Damage
1.7 Indemnification
1.8 Insurance
1.9 Public Entity Liability
1.10 Real and Personal Property
1.11 Certificates of Insurance Coverage
1.12 Agreements, Contracts, Leases, Memorandums, and
Purchases
1.13 Release Agreements (Waivers)
1.14 Claims
1.15 Student Air Travel
1.16 State Funded Study Abroad Programs
1.17 Off-Campus Field Trips
1.18 Service Learning Program
2.0 Motor Vehicle Use and Employee Driving Requirements
2.1 Automobile Accidents While on University Business
2.2 Automobile Liability and Damage
2.3 University Vehicles
2.4 Privately-Owned Vehicles
2.5 Commercial Rental Vehicles
2.6 Eligibility to Drive Vehicles on Official University
Business
2.7 Defensive Driver Training
3.0 Injury and Illness Prevention Program
3.1 IIPP
3.2 Accident and Health Insurance
3.3 Accident Reporting
3.4 Employee Accidents
3.5 Student and Visitor Accidents
3.6 Employee Injury and Illness
3.7 Student Injury and Illness
3.8 Environmental Health and Safety
3.9 Environmental Compliance Program
3.10 Hazardous Waste Control
3.11 Water Pollution Control
3.12 Air Pollution Control
3.13 Hazardous Materials Inventory
3.14 Hazard Assessment
3.15 Environmental Health and Safety-Financial
Responsibilities
3.16 Health and Safety Inspections
3.17 Safety Training
1.0 RISK MANAGEMENT
1.1 Responsibility for University Divisions, Colleges,
Programs, and Departments
University divisions, colleges, programs, and departments
shall be responsible for the comprehensive risk management of their
respective activities, programs, and operations. All campus
entities shall preserve resources for the established mission of
our institution. Risk of loss in the areas of personnel, property,
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. 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
specifically assigned to the campus entity prior to commitment to
perform. Campus entities shall: prevent/reduce losses due to risk
through control/management of programs, projects, and properties;
finance or transfer losses due to risk through retention,
insurance, or contractual transfer; be singly and/or severally (as
agreed) responsible to address risk in their program, projects, and
properties; and document losses and "near misses" to enable
analysis and projection of future losses.
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. Risk Management shall advise and
consult on the risk management efforts of University entities to
preserve resources for the institutional mission.
1.2 Risk Control
It is incumbent upon all university divisions, colleges,
programs, and departments to address control of risk in the work
and academic environment. Risk Management shall do its utmost to
develop a "safety first" culture on campus in all endeavors. The
Risk Manager is available for consultation on all matters.
1.3 Risk Financing
The University maintains cost effective risk mechanisms to
address the financial liability for catastrophic losses. The Vice
President for Administration and Finance may, on occasion, consider
requests for financial assistance with the cost of losses incurred
by University divisions, colleges, programs, and departments
provided that appropriate risk practices are adhered to and the
Risk Manager was consulted prior to the event or activity.
University divisions, colleges, programs, and departments are
ultimately responsible for the design, direction, and control of
the activity, program, operation, and/or resources involved in any
loss.
1.4 Liability
The University provides coverage for insurable liability
losses through a self-insured retention program. The Vice President
for Administration and Finance establishes the current self-insured
retention limits for both primary and secondary institutional
activities (housing, parking, health center, extended education).
University divisions, colleges, programs, and departments are
responsible for liability losses (including related costs of
investigation, defense, regulatory fines, settlements, etc.) within
the self-insured retention limits.
1.5 Property Insurance
Coverage for personal property is generally not provided
unless initial funding was provided through public bonds.
1.6 Property Damage
Faculty and staff responsible for activities, equipment,
facilities, programs, and services shall report all university
property damage and/or loss that occurs, either on campus or off
site, to the Risk Manager as soon as possible and no later than
five working days after the incident.
1.7 Indemnification
The Risk Manager shall develop indemnification standards for
the University's use in agreements, contracts, and memoranda of
understanding. The Risk Manager has the authority and discretion to
increase or decrease indemnification requirements consistent with
the CSU system-wide program.
1.8 Insurance
The Risk Manager shall work in concert with the Office of
Procurement to review and recommend contracts for goods and
services and recommend specifications for insurance requirements
for third parties conducting business for the University.
1.9 Public Entity Liability
The University may be exposed to liability for injury to
persons and/or damage to property related to operations and
programs. Liability expenses may include, but are not limited to,
investigation, expert witnesses, legal defense, reimbursement for
medical services, and/or replacement of property, plus other
related costs and damages. The University shall maintain
self-insurance or other insurance to finance the cost of major
liability losses resulting from general operations of the
University or from professional services on behalf of the
University.
The Risk Manager may review, recommend, or require the purchase
of additional insurance for high-risk and/or unusual activities,
events, or programs. Additional insurance expenses shall be a
responsibility of the University divisions, colleges, programs, and
departments.
1.10 Real and Personal Property
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, supplies, etc. Risk
exposures are the loss and/or damage of property from the perils of
theft, fire, flood, misuse, etc. The University shall bear the cost
of state-owned property losses, including the payment of insurance
deductibles, at the division, college, program, and department
levels.
The University shall not provide insurance for property that is not owned by the State of California. The Risk Manager may review and recommend the purchase of additional insurance for high-risk and/or unusual property. Additional insurance expense shall be a responsibility of the University divisions, colleges, programs, and departments.
1.11 Certificates of Insurance Coverage
The University may provide certificates of insurance,
evidence of self-insurance, or endorsements demonstrating coverage
or providing additional coverage, as required in contracts
administered through Procurement Services.
1.12 Agreements, Contracts, Leases, Memorandums, and
Purchases
Agreements between the University and other entities for the
construction of university facilities, materials, services for the
University, and educational placements shall include language that
transfers the risks related to the products provided and
performance of the terms of the agreement to the other entity(ies)
to the fullest extent possible. In addition, the other entities
shall provide proof of insurance for risks and losses that may
occur related to the performance of the agreement commensurate with
those risks.
1.13 Release Agreements (Waivers)
The Risk Manager shall be responsible for the development
and authorization of Release Agreements for University-sponsored
programs.
1.14 Claims
Claims against University insurance programs involving
liability, property damage, or personal injury shall be reported to
and coordinated by the Risk Manager. The Workers' Compensation and
Benefits Manager shall be responsible for direct handling of all
work-related claims by employees. Intercollegiate Athletics shall
be responsible for the direct handling of all athletic injury
claims.
1.15 Student Air Travel
Any student air travel sponsored by, or pursuant to, a
program of the University and any affiliated organization, e.g.
student clubs, academic programs, and enterprise projects, shall be
conducted in ways which offer the least risk to the safety of
participants and the least risk of liability to the University. Use
of scheduled or chartered air transportation services must be
reviewed and approved by the appropriate respective campus
administrator or designee. Selection of air carriers, planning of
travel itineraries, and conduct of student air travel shall be done
prudently by staff trained in this area and with paramount concern
for the safety of program participants.
1.16 State-Funded Study Abroad Programs
The Office of International Programs and Services shall be consulted on all international student trips or exchange programs. Subsequently, all recommendations and requirements of the office shall be followed by the faculty in charge of the program.
The Risk Manager, working in conjunction with the International
and Extended Studies Department, shall ensure that a system of
checks and balances exists so that all required releases and
hold-harmless agreements are signed and explained to each student.
A record of all trips, including duration and purpose, shall be
maintained by International and Extended Studies and reviewed by
the Risk Manager on a quarterly basis. The Risk Manager and
International and Extended Studies shall jointly create a letter to
all deans each year explaining the application of Foreign Travel
Liability Insurance Plan (FTLIP) guidelines.
The Risk Manager shall be available to consult with International and Extended Studies regarding travel requirements.
1.17 Off-Campus Field Trips
It is recommended that faculty members consult with risk
management prior to engaging in an off-campus trip. If this is not
possible, faculty members should attempt to identify reasonably
foreseeable hazards and notify participants of these risks. All
faculty and students participating in field trips or any off-campus
activities should be aware of the following:
a. The only authorized participants of an SJSU field trip are SJSU faculty, staff, registered volunteers, teaching or graduate assistants, employees, and regularly enrolled SJSU students.
b. If using university-sanctioned transportation, faculty should begin and end all field trips on campus. If students are to transport themselves, the field trip should begin and end at the destination at an established date and time. Students are responsible for their own transportation arrangements. Faculty should avoid arranging to carpool the students.
c. Faculty members should always consider student disability issues and reasonable accommodations.
d. Student travel insurance is provided by the Chancellor's Office; however, the field trip must be a course requirement for students to be covered.
e. No alcoholic beverage may be transported in any university vehicle or private vehicle used in support of a university-sponsored academic or athletic related activity.
f. Faculty shall report all injuries, accidents, and incidents to the Risk Manager or University Police Department, as appropriate, either during or at the conclusion of the trip, as is reasonable depending on the situation.
1.18 Service-Learning Program
All faculty and students participating in service-learning
must comply with SJSU procedures, as adapted from "The CSU Best
Practices for Managing Risk in Service-Learning." Further
information and forms are available at H
www.sisu.edu/csl/riskmanagementH.
The Center for Service-Learning can assist departments, faculty,
and students in meeting the following criteria:
a. Faculty should provide students with on-campus orientation to service-learning, and should communicate with community organizations to ensure that students are given on-site orientation to familiarize them with policies, procedures, and risks involved in the specific service activities they will be providing.
b. Faculty must inform the Center for Service-Learning of the community organizations where their students serve. The Center for Service-Learning shall ensure that a Service-Learning Agreement exists with each community organization served by faculty and students. The Center for Service-Learning shall retain copies of the Service-Learning Agreement and maintain a list of those agreements.
c. Students should be provided with a Student Service-Learning Plan so they understand their learning objectives, service objectives, responsibilities, guidelines, and limitations and are informed of the risks associated with their service-learning placements. This form should be retained by the faculty member for one year.
d. Students are encouraged to maintain a service log indicating dates and times of service at their placement site. Such a form should be validated by the community organization, collected, and retained by faculty for one year. Students must sign-in and sign-out at their placement site. The community organization's sign-in sheets shall be retained by the organization for one year and be made available to SJSU upon request.
e. Students are responsible for their own transportation to service sites. Faculty should avoid arranging to carpool students. If using university-sanctioned transportation, faculty should begin and end all commuting on campus.
2.0 MOTOR VEHICLE USE AND EMPLOYEE DRIVING
REQUIREMENTS
2.1 Automobile Accidents While On University
Business
Employees involved in vehicle accidents while on official
University business shall file a "Vehicle Accident Report" (as
required by the State of California automobile liability program)
with the Risk Manager within 24 hours of the employee's return to
campus. The employee's supervisor shall be responsible for
completing a "Review of State Driver Accident" report and
submitting it to the Risk Manager.
2.2 Automobile Liability and Damage
The University participates in the State of California
automobile liability program. This program provides 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. If it is determined the
employee used the state-owned vehicle outside the course and scope
of employment requirements, the cost to repair damages shall be the
responsibility of the employee.
Commercial rental car contracts approved by the State of
California 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 employees related to the operation of
rental cars within the course and scope of employment. The State of
California automobile liability insurance program provides 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.
For more information see the Vehicle Use Handbook in the
glove box of all university vehicles or
view it online.
2.3 University Vehicles
University vehicles shall be used only in the conduct of
official university business. According to CSU policy, this means
"only when driven in the performance of, or necessary to, or in the
course of, the duties of university employment." Only university
employees may drive university vehicles. The campus shall not loan
or lease a university vehicle to an auxiliary organization.
2.4 Privately-Owned Vehicles
Employees may be authorized to use a privately-owned vehicle
for official university business if the employee certifies that the
vehicle being used is: covered by standard liability insurance
limits, adequate for the work to be performed, equipped with safety
belts in operating condition, and in safe mechanical condition as
required by law.
University managers responsible for authorizing reimbursement of
mileage or other expenses associated with the use of a
privately-owned vehicle are responsible for procuring a completed
Standard Form 261
Authorization to Use Privately Owned Vehicles on State
Business and providing a copy of the form to the Risk Manager
prior to approving any request for reimbursement. The Risk Manager
will be responsible for maintaining the campus archive of forms.
The Risk Manager will ensure that all employees that operate
vehicles on official university business complete a defensive
driving class once every four years.
2.5 Commercial Rental Vehicles
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 travel. If none of
the contracted companies can provide vehicles in a specific
location, employees may seek the services of a non-contract
company.
2.6 Eligibility to Drive Vehicles on Official University
Business
To be eligible to drive university-owned, privately-owned,
and/or commercial rental vehicles on official University business,
the vehicle driver must be a university employee and must have a
valid California state driver's license.
Drivers must certify that they have not been issued more than
three moving violations or have not been responsible for more than
three at-fault accidents (or any combination of three of the above)
during the past thirty-nine month period.
Any employee with a DUI ("driving under the influence")
violation or a reckless driving violation within the past seven
years will undergo review and evaluation for determination of
driving eligibility.
Any employee who fails to immediately inform their supervisor of
the above violations and subsequently drives on university business
may be subject to disciplinary action.
Employees with unacceptable driving records should not be
authorized by their supervisor to drive vehicles for university
business purposes. Safety & Risk Services 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.
2.7 Defensive Driver Training
The Risk Manager shall be responsible for providing
defensive driver training for university employees and student
assistants as a part of safety training. The Risk Manager shall
offer this training quarterly throughout the year. The Risk Manager
shall be responsible for ensuring that all employees who operate
vehicles on official business attend and successfully complete an
approved defensive driver training course at least once every four
years. The Risk Manager shall maintain the campus archive of
defensive driver certifications.
3.0 ENVIRONMENTAL HEALTH AND SAFETY
3.1 Injury and Illness Prevention Program
The University shall plan and maintain, as it is reasonably
within its control to do so, a campus environment for faculty,
staff, students, and the general public that will protect their
health and safety and prevent or mitigate risks of accidental
injury or illness. University operations shall be conducted in a
manner to avoid injuries or illnesses and to comply with all
applicable regulations and 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.
To implement this safety policy, administrators, 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 to carry out campus health and safety
programs. All members of the campus community 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.
The immediate responsibility for preventing campus accidents
belongs to each employee who performs a supervisory role and to
each individual campus employee. All faculty and staff are expected
to take all necessary actions to ensure that safe and healthful
conditions and practices prevail within the areas under their
control. All members of the campus community are responsible for
cooperating fully with all aspects of the university health and
safety programs. University divisions, colleges, programs, and
departments shall ensure the performance of health and safety
inspections, safety training, hazardous materials inventory, and
hazard assessment.
The Risk Manager will conduct yearly safety audits of campus
grounds, facilities, machinery, services, and practices in an
effort to proactively identify and prioritize risks and will
initiate training or other appropriate remedial action to mitigate
any potential loss or injury.
The Risk Manager will compile quarterly statistics regarding the
frequency and severity of workplace accidents and injuries and will
select the best risk management techniques to manage the risk
without unduly curtailing or modifying activities necessary to the
CSU mission.
3.2 Accident and Health Insurance
The University does not, in general, provide accident and/or
health insurance for students or visitors on campus. Limited
coverage is provided for students traveling on university programs
(e.g. field trips) within the United States.
3.3 Accident Reporting
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 Risk Manager. Traffic accidents, criminal
activity, or serious bodily injury/property damage shall be
reported directly to University Police, who will in turn notify the
Risk Manager.
3.4 Employee Accidents
Employees who are injured or become ill because of their job
duties shall immediately report the injury or illness to their
supervisor. Supervisors shall provide the employee with an
"Employee's Claim for Workers' Compensation Benefits" form and
process the form as directed by Human Resources and the Workers'
Compensation Manager.
3.5 Student and Visitor Accidents
Faculty and staff responsible for activities, equipment,
facilities, programs and services shall initially report all
accidents resulting in personal injury to students and/or visitors
that occur either on campus (e.g., classrooms, laboratories) or
off-site at campus programs to the Risk Manager within 24 hours.
Students and/or visitors shall be responsible for filing an
accident report when they are involved in an accident on campus
that results in personal injury or property damage that is not part
of a campus activity (e.g. trip and fall while walking to class) as
soon as possible, but within five working days of the incident.
3.6 Employee Injury and Illness
The State of California requires employers to maintain
Workers' Compensation benefit programs to provide 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 shall
maintain insurance to finance the cost of medical and related
services for work-related injuries or illness of employees as
required by the CSU Risk Management Authority.
3.7 Student Injuries and Illness
In the event that students participating in on-campus
activities, classes, laboratories, events, and/or programs are
injured or become ill, the University does not provide primary
accident or medical insurance. The University shall maintain
insurance that provides limited payment for medical services in
excess of a student's personal health insurance benefits for
injuries related to travel for university activities, classes,
field trips, events, and/or programs.
For NCAA-allowed activities, the University shall maintain
insurance that provides for payment of medical services in excess
of a student's personal health insurance benefits for injuries
sustained during participation in regularly scheduled
intercollegiate sports events, practices, and tryouts. Students
participating in University programs involving international travel
shall obtain and maintain in force health insurance consistent with
CSU International Programs' requirements for the entire period
abroad.
3.8 Environmental Health and Safety
The Risk Manager is responsible for identifying and
analyzing operational risks of the University as related to
regulatory requirements and accepted industrial, environmental, and
occupational standards; recommending policies, processes, programs,
and techniques to achieve compliance; and monitoring and supporting
the improvement of compliance efforts and safe practices. The Risk
Manager shall be responsible for compliance with federal, state,
and local regulations pertaining to the environment (i.e. air and
water quality, pollution, hazardous materials, hazardous waste);
federal and state regulations pertaining to life and occupational
safety (i.e. Cal-OSHA safety orders, building codes, fire codes,
safety communications, medical monitoring, hazardous conditions and
materials).
3.9 Environmental Compliance Program
The Risk Manager shall ensure compliance with applicable
federal, state, and local laws and regulations related to
environmental protection and pollution control.
3.10 Hazardous Waste Control
All hazardous waste materials shall be handled, stored,
managed, and disposed of in compliance with applicable federal and
state laws and regulations.
3.11 Water Pollution Control
No hazardous waste or other materials prohibited by the
campus Non-Industrial Waste Discharge Permit shall be placed in a
campus sanitary sewer. No waste materials, other than storm runoff,
shall be placed in a campus storm sewer or creek.
3.12 Air Pollution Control
All stationary sources of air pollution (engines, boilers,
spray booths, etc.) shall have a permit or exemption issued by the
Santa Clara County Air Pollution Control District prior to
installation and operation.
3.13 Hazardous Materials Inventory
Deans, directors, and/or department heads/chairs shall
develop and maintain an inventory of all hazardous materials
present in all areas under each program's control. A copy of each
inventory shall be provided to the Risk Manager annually, or when
new materials are added to the inventory.
3.14 Hazard Assessment
Deans, directors, and/or department heads/chairs shall be
responsible for ensuring that health, safety, and environmental
compliance concerns are assessed and addressed prior to entering
into new activities, operations, or processes. This assessment and
response shall be documented.
3.15 Environmental Heath and Safety Financial
Responsibilities
The Risk Manager shall be responsible for: expenses for
regulatory enforcement action, including fines, cleanup, disposal,
expediting and extra expenses to restore university property and
operations; and specialized training and disposal costs for
hazardous materials.
3.16 Health and Safety Inspection
Scheduling and performance of regular and systematic
inspection processes for all departmental areas shall be the
responsibility of University divisions, colleges, programs, and
departments in conjunction with the Risk Manager.
3.17 Safety Training
Employees and students shall receive appropriate general and
specific training prior to initial assignment of work. All training
shall be documented in writing (i.e. content, dates, and
attendance). Managers and work leads shall be responsible for
ensuring that employees receive general and specific training prior
to assignment on the job. Managers and work leads shall be
responsible for ensuring that employees are trained whenever new
substances, processes, procedures, or equipment are introduced to
the workplace that represent a new hazard, or whenever the manager
and worklead receives notification of a new or previously
unrecognized hazard.
University divisions, colleges, programs, and departments shall ensure that all injuries and illnesses related to campus operations are reported to the Workers Compensation and Benefits Manager in a timely fashion. The Safety Specialist shall investigate all injuries and illnesses and recommend corrective actions.
The California State University
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
562- 951-4000
Date:October 27, 1999
To: CSU Presidents
From: Chancellor Charles Reed
Subject: California State University Risk Management Policy-Executive Order 715
The attached Executive Order No. 715 delegates authority and
responsibility to the campus president to implement campus risk
management policies consistent with the California State University
Risk Management Policy guidelines. This executive order modifies
existing policy, promulgated in Executive Order No. 533, in
response to recommendation 5 of the Systemwide Occupational Health
and Safety Audit (97-11) and recommendations from the Systemwide
Risk Management Audit (98-25)
In accordance with the policy of The California State
University, the campus president has the responsibility for
implementing Executive Orders where applicable and for maintaining
the campus repository and index for all Executive Orders.
Should you have any questions please contact Mr. Bradley
Wells, Assistant Vice Chancellor, Financial Services.
CBR:gs
Distribution:Vice Presidents, Administration, Chancellor's Office Staff
Executive Order No 715
The California State University
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
562-951-4000
Executive Order No. 715
Title: California State University Risk Management Policy
Effective Date:October 27, 1999
Supersedes: Executive Order No. 533
This Executive Order is issued pursuant to authority of Sections
1 and 2 of Chapter III of the Standing Orders of the Board of
Trustees of the California State University. Through adoption of
the following statement of policy, The California State University
recognizes risk management as an integral function throughout The
California State University system
Risk Management includes policies and practices designed to
minimize the adverse effects of losses experienced by The
California State University. These losses arise from injury to
persons or damage to property and include the legal liability
imposed upon the CSU when the injury or damage has-been caused, in
whole or in part, by the CSU or its officers or employees.
The California State University and its officers and
employees are responsible for conducting CSU programs and
activities in a manner that does not impose an unreasonable risk of
loss or injury.
Systemwide Office of Risk Management
The Chancellor has designated an Office of Risk Management that
has the responsibility for developing risk management programs,
resource documents and training programs. The Director, Systemwide
Risk Management shall provide guidance on the application of risk
management techniques and procedures appropriate to the CSU. The
Director, Systemwide Risk Management will provide an annual report
of activities, trends and risk management training, including
methods to prioritize risks and evaluate costs of managing risks.
Campus Risk Management Policies
Each president shall develop campus risk management policies and
procedures that include an ongoing process by which appropriate
administrators identify risks, perform analyses of the frequency
and severity of the potential risks, select the best risk
management techniques to manage the risk without unduly curtailing
or modifying activities necessary to the CSU mission, implement
appropriate risk management techniques and staffing standards, and
monitor, evaluate and document the results.
The campus risk management policy shall include methods to
prioritize risks and evaluate costs which would be incurred to
provide restoration for damages sustained as well as the evaluation
of funding options to ensure availability of funds. The method used
should be documented as part of the risk management policy and
procedures.
Campus Risk Manager/Risk Management
Coordinator
Each president shall designate a Risk Manager/Risk Management
Coordinator to assist campus administrators in maintaining campus
risk management policies and practices. The coordinators shall
develop expertise in risk management analysis and the application
of risk management techniques.
Decision-making administrative personnel at the campuses should also be involved in maintaining the risk management policy at the campus. Administrative personnel should be responsible for providing advice, information and coordination leading to the full performance of risk management functions by all those having program responsibilities.
Evaluation
The campus policy should include an evaluation process that
includes the collection of relevant data and an annual risk
management report to the campus president.
Risk Control
The campus risk management policy should include methods of
controlling risks. The liability exposure the campus and the CSU
faces for those activities which are linked to the mission of the
CSU can be minimized by: transferring risk through third party
waivers, hold harmless agreements, or through vendor contracting;
transferring risk through personal liability, health, travel and
life insurance; and preventing/controlling risk through training
and supervision.
Risk Management Guidelines
Included with this Executive Order are guidelines developed by
the systemwide office in consultation with campus risk
managers/coordinators. These guidelines are provided to assist
campuses in developing campus specific policies. The attached
guidelines cover Health and Safety for On and Off-Campus Activities
(Attachment A) and Electrical Safety Guidelines (Attachment B).
Campus policy implementing these guidelines should include a
provision for documenting compliance and should address at a
minimum those topics included in the guidelines.
Accountability
The campus policy and procedures should be reviewed annually.
Periodic audits for compliance with the systemwide guidelines will
be conducted. The Office of the University Auditor has provided
Audit Expectations for a Model Risk Management Policy. A copy is
enclosed for your consideration (Exhibit C).
Charles B. Reed, Chancellor Dated: October 27,
1999
Attachment A- 1
RISK MANAGEMENT GUIDELINES ON CAMPUS ACTIVITIES
Emergency Information:
- Identify location and use of fire pulls.
- Review both location and content of evacuation maps including meeting area for your department. Instruct students to identify at least two exits from their location in class.
- Review emergency procedures in case of fire, medical emergency, hazardous materials release, and earthquake.
- Invite any students with special needs to contact you about specific requirements in case of an emergency and make appropriate arrangements.
- Identify location of nearest phone to use in case of emergency and have change available to use public phones.
Review campus procedures regarding the use of human subjects.
If hazardous materials or processes are
present:
- Identify all materials that may be potentially hazardous.
- Review each Material Safety Data Sheet (MSDS).
- Identify any necessary personal protective equipment (PPE) required for the class.
- Review use and maintenance of PPE.
- Identify any hazardous waste generated. Review campus handling and disposal procedures.
- Identify potential hazards of equipment or processes used in department/classroom.
- Review hazardous material release procedures.
- Review safe work practices.
Attachment A-2
RISK MANAGEMENT GUIDELINES
OFF-CAMPUS ACTIVITIES--FIELD TRIPS (LOCAL AND OUT OF
STATE)
- Select the area where the class is to be held. The faculty or instructor should visit the general area prior to the field study course or demonstrate sufficient knowledge of the area.
- Prepare a detailed day-to-day instructional agenda including health and safety instructions for all participants.
- Plan and include in the itinerary all destinations and alternates if an emergency prevents entry into the original destination. Send a copy of the itinerary to campus Public Safety.
- Plan for and accommodate students with special needs.
- Provide training for any equipment to be used on the trip.
- Review permissible conduct rules. Be sure to include the CSU policy regarding alcohol and chemical substances (i.e. No alcoholic beverages or chemical substances, except personal prescription medication, shall be transported in any state/university vehicle or personal private vehicle used in support of a university-sponsored activity).
- Review emergency preparedness processes and the crisis response plan. Distribute a handout for students with emergency phone numbers and contacts.
- Communicate codes of conduct for staff and students, addressing such issues as fraternizing, consuming alcohol, controlling activities, and conduct during "free time". Advise participants of the consequences of non-compliance and take appropriate action when aware that participants are in violation.
- For foreign study, please refer to the guidelines for International Programs.
Attachment A-3
RISK MANAGEMENTGUIDELINES
OFF-CAMPUS ACTIVITIES--INTERNATIONAL TRAVEL
- Every trip should require attendance at one orientation meeting (minimum) where the following information should be covered:
- Arrangements for any out-of-country visas, immunizations, etc.
- Discuss travel and packing tips, medical and health concerns, modes of transportation, hours of departure and return.
- Review background information pertaining to upcoming cultural differences that a student may experience while visiting foreign countries.
- Obtain waivers and health forms. Participants should file a waiver for medical treatment and a health questionnaire explaining any special medical problems or needs to the trip leader.
- Remind participants to carry sufficient personal medication supplies and physician documentation for medication to last the length of travel or to replace medication lost during the trip.
- Review emergency preparedness processes and the crisis response plan.
- Provide current health and safety information to participants (i.e. prophylactic precautions, viral infections carried by insects and how to protect themselves against known infectious disease breakouts Ñ check with the World Health Organization). Provide information about emergency medical assistance, emergency evacuation, and repatriation procedures. Review options for medical insurance coverage for foreign travel.
- Identify health and safety products or services that may not be available at overseas locations.
- Conduct orientation briefings once the destination is reached which include information on health and safety, legal, environmental, political, cultural and religious conditions in the host country.
- Communicate codes of conduct for staff and students, addressing such issues as fraternizing, consuming alcohol, controlling activities, and conduct during "free time". Advise participants of the consequences of non-compliance and take appropriate action when aware that participants are in violation.
- Review International Programs Policies and Procedures.
Attachment B
RISK MANAGEMENT GUIDELINES ELECTRICAL SAFETY
- Accidents involving electricity pose a high risk of serious injury. Following the guidelines below will assist campus staff and students to safely use common electrical equipment.
- Do not use 2-prong ungrounded electrical devices.
- All department purchased electrical equipment must be 3-prong grounded with very limited exceptions (these should be approved through the campus Environmental Health and Safety Office).
- Do not use extension cords or power taps ("Waber Strips") as a substitute for permanent wiring.
- Extension cords and temporary power taps may be used for experimental purposes for no longer than six months or for portable tools or appliances that must be moved frequently. UL listed surge-protected power strips used with data processing equipment and voltage regulators; timers and similar controllers are exceptions. All other electrical equipment must be plugged into a permanent receptacle.
- Do not use equipment having worn or damaged electrical cords, plugs, switches, receptacles, or cracked casings.
- Do not attempt repairs unless you are a qualified electrical technician assigned to perform electrical work by your supervisor.
- Do not use 2-pole to 3-pole adapters, cube taps, 2-prong (ungrounded) extension cords, or similar grounding bypass devices.
- All electrical devices fabricated for experimental purposes must meet state and campus construction and grounding requirements. Extension cords and other purchased equipment must be UL listed.
- For additional information on electrical safety regulations, contact your campus Environmental Health & Safety Department.
Attachment C
AUDIT EXPECTATIONS FOR A MODEL RISK MANAGEMENT POLICY
- A document in writing signed by the campus president with campuswide applicability and distribution that:
- Is labeled with a title that says it is the campus risk management policy;
- Requires an on-going process for risk management and describes how it will work;
- Designates the appropriate administrator(s) and their respective responsibilities;
- As a minimum, meets the prescribed elements of the executive order and elaborates on any unique campus requirements;
- Identifies subordinate campus detail on what will be done; Establishes a basis for procedures to effect the policy;
- Is subject to whatever protocol that campus normally follows for policy development and publication; and
- Makes provision for keeping the policy up-to-date.
WHAT WILL BE DONE
Examples of the specificity that might appear in each of the
five prescribed EO elements are as follows:
- Identify risks
- Define campus-relevant criteria for significant risks
- Require itemization of significant risks including unique campus risks that are different than those at other levels, i.e., national educational institutions or CSU systemwide program priorities
- Evaluate their seriousness
- Probability analysis of risk occurrence
- Quantitative analysis of each risk exposure
- Rank risks in priority order of their potential impact
- Select best risk management technique
- Identify range of alternatives for each specified liability/risk
- Cost/benefit analysis of what would work best, e.g., transfer of risk by contract
- Implement appropriate risk management technique
- Specify roles and responsibilities
- Establish goals and implementation methodology
- Provide specific measures for accountability such as under what circumstances the campus will do business with an entity unable to obtain insurance with an insurer rated at least A:VII by AM Best
- Monitor and evaluate results
- Measure against specific goals Ñ qualitative and quantitative measurements Stipulate report intervals and frequency, e.g., annual cabinet-level reporting