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RISK MANAGEMENT BEST PRACTICES
Peter Erndwein Linda Poole Mike Pacana
Director of Risk Control Sr. Risk Control Consultant Sr. Risk Control Consultant
perndwein@dvtrusts.com lpoole@dvtrusts.com mpacana@dvtrusts.com
267-803-5713 267-803-5717 267-803-5768
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
PE
Identify
Problem
Develop
Alternatives
Select
Best
Alternative
Implement
Evaluate
Effectiveness
No
Yes
Done!
Risk Management Decision-Making Cycle
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
PE
Identify
Problem
Develop
Alternatives
Select
Best
Alternative
Implement
Evaluate
Effectiveness
No
Yes
Done!
Risk Management Decision-Making Cycle
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Identify the Problem
PE6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Incept – Feb. 2019 2014-2018
Public Works
Public Works
Police Police
All Others
All Others
Signals & Lights
Signals & Lights
Refuse
Refuse
Sewer
Sewer
15,323/15,438 Total Claims (99%) 3,479/3,578 Total Claims (97%)
DVPLT Claims By Dept.
PE
Incept – Feb. 2019 2014-2018
PolicePolice
Public Works
Public Works
All Others
All Others
Signals & Lights
Signals & Lights
SewerSewer
Admin
$71,215,340/$71,602,504 Incurred (99%) $17,750,608 /$18,118,494 Incurred (98%)
Admin
DVPLT Incurred Losses By Dept.
PE
Incept – Feb. 2019 2014-2018
Strike By/ Struck By Vehicle
Premises
Hit Stationary
Object
Hit Stationary
Object
All Others
All Others
Intersection IntersectionStrike By/ Struck By Vehicle
Backing or Rolling
Back
Backing or Rolling Back
Operations / Completed Operations
14,159/15,438 Claims for Which Cause Data Available (92%)
2,544/3,578 Claims for Which
Cause Data Available (71%)
Struck Parked Vehicle
DVPLT Claims by Cause
PE
Incept – Feb. 2019 2014-2018
Premises
Operations/Completed Operations
Hit Stationary Object
All Others
All Others
Hit Stationary Object
Sewer Backup
Intersection
Intersection
Strike By/ Struck By Vehicle
Fire
Professional Liability
$60,841,427/ $71,602,504 Incurred for
Which Cause Data Available (85%)
$9,462,717/$18,118,494 Incurred for
Which Cause Data Available (52%)
Collision
DVPLT Incurred Losses by Cause
Strike By/ Struck By Vehicle
PE
• Police & Public Works drive DVPLT claims (both frequency &
severity) historically and in the past five years.
• The proportion of vehicle-related claims appears to have
increased in recent years.
• Premises, operations and professional liability claims appear
to be less prominent in recent years compared to historical
data.
Some Conclusions from the Data
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• 2004 – Innocent sibling of warrant target shot in abdomen during police raid. $1,000,000 Incurred
• 2002 - Land use dispute triggered when township altered zoning classification in response to resident activism while a redevelopment application was pending. $829,960 Incurred
• 2013 - Innocent bystander unintentionally shot and killed by police during standoff with barricaded armed subject. $679,780 Incurred
Top DVT Claims Since Inception
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
PE
Identify
Problem
Develop
Alternatives
Select
Best
Alternative
Implement
Evaluate
Effectiveness
No
Yes
Done!
Risk Management Decision-Making Cycle
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
RISK CONTROLS FOR HIGH FREQUENCY CLAIMS
LP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Driver hiring and vetting
• Post-offer CDL medical exams
• Driver performance management – consequences for repeat
crashes
• Recognize distraction and fatigue as major crash root causes
• Driver behavior monitoring with vehicle GPS technology
Insured Vehicle Crash Prevention
LP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Vehicle safety technology – especially cameras and
driver-assist safety tech
• Continuous lights and sirens during emergency driving
• Pursuit only for felony crimes
• Deer population management
• Safe vehicle parking practices (Balantine vs. CWA)
Insured Vehicle Crash Prevention
LP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Select safe fleet vehicles
• In-car cameras
• Signal preemption
• Protection of roadside assets
− Conspicuity tape bands
− Type 2 object markers
− Delineators
− Guiderails
− Crash attenuators – RaptorTM
• Traffic cameras
Other Vehicle Crash Prevention
PE6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Select safe fleet vehicles
• In-car cameras
• Signal preemption
• Protection of roadside assets
− Conspicuity tape bands
− Type 2 object markers
− Delineators
− Guiderails
− Crash attenuators – RaptorTM
• Traffic cameras
Other Vehicle Crash Prevention
PE
Source: https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/guardrail101.cfm
A guardrail is, first and foremost, a safety barrier intended to shield a motorist who has left
the roadway.
The best case scenario, if a car is careening off the road, would be for that car to come to
rest unhindered. In some cases and places, however, that is not possible. The roadway
may be abutted by steep embankments or side slopes, or it may be lined with trees, bridge
piers, retaining walls, or utility poles. Sometimes it is not feasible to remove those things.
In those cases – when the consequences of striking a guardrail would be less severe than
striking the other objects next to the roadway – guardrails should be installed. They can
make roads safer and lessen the severity of crashes. The guardrail can operate to deflect a
vehicle back to the roadway, slow the vehicle down to a complete stop, or, in certain
circumstances, slow the vehicle down and then let it proceed past the guardrail.
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Guide Rails and Trees
Source:
https://www.dot.state.pa.us/public/pubsf
orms/Publications/Pub%20652.pdf
• Generally, guide rail should not be used to shield a line of utility
poles or trees.
• Where guide rail is used in front of poles or trees due to other
obstructions, use the Deflection Table on page 18.
• Consider removing trees where they are an obstruction and in
locations where they are likely to be hit.
• Use crash history at similar sites, scars indicating previous crashes
or field views to determine removable trees.
• Tree removal is usually a preferred option but an assessment
regarding its expense and effectiveness should be considered.
• Roadways through wooded areas with heavy nighttime traffic
volumes, frequent fog and narrow lanes should be well delineated.
• Pavement markings and post mounted delineators are among the
most effective and least costly improvements that can be made to a
roadway.
PE6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Source:
https://www.dot.state.pa.us/public/pubsf
orms/Publications/Pub%20652.pdf
PE6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
PE6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Sewer Backup Prevention
• Fat, oil and grease (“FOG”) ordinances and enforcement
• Resident education on back-up prevention practices
• 5-yr. cyclic collection system visual inspection and
maintenance; more frequent in known areas of concern
• Capital upgrades to aged/undersized system components
• Back-up prevention devices for problem properties
MP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
DVPLT Sewer Backup Education Resources
MP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• At least an annual inspection of all property assets
• Mark and promptly abate all vertical displacements or horizontal
gaps in excess of 0.5 inches
− Sidewalk grinding
− Slab jacking
− Remove/replace
• Avoid brick pavers
Slip, Trip and Fall Prevention
LP 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
RISK CONTROLS FOR LOW FREQUENCY / HIGH SEVERITY CLAIMS
PE6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Law enforcement accreditation
• Hire and retain ethical and competent officers
• Up-to-date use of force policy
• Ensure availability of less lethal options
• Officer performance management / early intervention
Preventing Officer Involved Shootings
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Realistic (high stress) use of force training
• Mandatory body armor
• Do not co-locate ECD and firearm
• Provide a “cool down” period before officially debriefing officers
involved in a shooting
Preventing Officer Involved Shootings
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Hire and retain competent and ethical employees
• Law enforcement accreditation
• Up to date policies disseminated to officers
• Performance management / early intervention
• Train on diversity
• Train on de-escalation
Preventing Civil Rights Violations
LP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Educate board members on Pa. ethics and land use liability
• Ensure competent counsel reviews decisions prior to adoption / public release
• Adhere to due process
• Avoid getting involved in private property issues involving trees and neighbor disputes
Preventing Land Use Disputes
MP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Be respectful regardless of differences. Managers and supervisors in particular need to model respectful behavior and establish a civil atmosphere in the workplace.
• Do not ignore reports of harassment or misconduct –investigate and take action if warranted.
• Ensure the organization has deployed and trained on critical personnel policies:
− Code of conduct
− Ethics
− Respectful workplace / anti-harassment / sexual misconduct
− Discipline
− Whistleblower
Preventing Employment Liability
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Provide employees with respectful workplace training
that includes a review of relevant employer policies.
Train upon hire and every 3-5 years thereafter.
• Suspend pending a discharge investigation rather
than on-the-spot terminations. Involve employment
attorney in termination proceedings.
• Utilize a formal performance improvement plan
(“PIP”) to address employee misconduct.
Preventing Employment Liability
PE 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
• Minimum age 21 to drive fire apparatus.
− Driver qualification and vetting
− CDL preferred
• Preventive maintenance of equipment per manufacturer instructions.
− Don’t ignore fluid leaks
• Monitored fire detection and sprinklers in fire stations where apparatus are stored.
• Thoroughly clean compost fines from tub grinders at the end of each day.
• Park tub grinders in a mulch-free area at the end of the day.
• No open flames at mulch processing sites.
Fire Apparatus and Tub Grinders Loss Prevention
LP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Ransomware & Wire Fraud Loss Prevention
• Ensure the organization has a basic information technology
disaster recovery plan.
− Test by asking, “How quickly could we resume operations
should all computers suddenly be disabled?”
• Ensure the organization knows how to respond in the event of an
in-progress or post-cyberattack.
• Ensure critical data is periodically “imaged” with at least one
copy saved to an off-site location.
• Require robust passwords using a string of upper and lower case
letters, numbers and symbols. Change passwords periodically
(e.g., quarterly). MP 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Ransomware & Wire Fraud Loss Prevention
• Utilize multiform access credentials (minimum of three) for high-value
sensitive data such as SSN and payment cards. For example, access
with username, password and email/phone transmitted temporary code.
• Criminal background, credit and post-offer drug and alcohol testing of
employees who handle sensitive personal data or who have access to
facility IT equipment (e.g., housekeeping staff).
• Educate employees/volunteers to recognize and avoid fraudster tactics.− Do not explore memory sticks that you happen to come across (“candy drop”)
− Confirm financial transactions or inquiries communicated via email or text message
− Do not click on email attachments, videos or other communications from questionable sources
− Consider testing employee preparedness with an unannounced simulated hacking event
MP 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
WHAT’S LEFT TO DO?
MP6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
MP
Identify
Problem
Develop
Alternatives
Select
Best
Alternative
Implement
Evaluate
Effectiveness
No
Yes
Done!
Risk Management Decision-Making Cycle
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
MP
Identify
Problem
Develop
Alternatives
Select
Best
Alternative
Implement
Evaluate
Effectiveness
No
Yes
Done!
Risk Management Decision-Making Cycle
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
MP
Identify
Problem
Develop
Alternatives
Select
Best
Alternative
Implement
Evaluate
Effectiveness
No
Yes
Done!
Risk Management Decision-Making Cycle
6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
Need assistance with this process?
Contact your Risk Control Team.
Peter Erndwein Linda Poole Mike Pacana
Director of Risk Control Sr. Risk Control Consultant Sr. Risk Control Consultant
perndwein@dvtrusts.com lpoole@dvtrusts.com mpacana@dvtrusts.com
267-803-5713 267-803-5717 267-803-5768
MP 6/20/19 © 2019 Delaware Valley Trusts. Proprietary and Confidential Information.
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