Utah Admin. Code R37-1-7 - Risk Control Standards

In accordance with Subsection 63A-4-101(2)(b)(i), each covered entity shall comply with the following risk control standards:

(1)

(a) Covered entities shall appoint an entity risk coordinator who shall report directly to the covered entity's director, school superintendent or university or college president, or to another individual who reports directly to the covered entity's director, school superintendent or college or university president.

(b) Subordinate risk coordinators or other individuals may be appointed at the division, school or lower levels of the organization as the entity deems appropriate.

(c) The day -to -day implementation or management of the entity's risk management duties may be assigned by the risk coordinator to subordinate individuals, committees, or groups as necessary for efficient operation and implementation.

(2) The covered entity risk coordinator shall be responsible for the following duties:

(a) identifying, evaluating and resolving risk exposures for the entity;

(b) coordinating with the Fund and any captive on the reporting and investigation of all claims or losses;

(c) coordinating with the Fund and any captive on all liability prevention and loss control and prevention activities;

(d) ensuring that the Fund and any captive is provided with all reasonable information necessary to compute premiums;

(e) ensuring that premium billings are processed and paid;

(f) ensuring that notification is made to the Fund and any captive on all incidents, issues or informal or administrative claims, including claims originating at the EEOC or UALD that may result in a formal claim against the Fund or any captive;

(g) supervising or managing all loss prevention activities; and

(h) chairing the entity Risk Control Committee and ensuring staff support to the Risk Control Committee.

(3) Each covered entity shall appoint a Risk Control Committee, hereinafter referred to as the committee.

(a) Each covered entity shall include on its committee those positions deemed necessary by the risk coordinator and/or the entity director, president, or superintendent to provide comprehensive review and risk management services to the entity's operations.

(b) The following positions should be included on the committee:

(i) Risk coordinator;

(ii) Maintenance director or manager;

(iii) facilities director or manager;

(iv) Human resource director or manager;

(v) Americans with Disabilities Act Coordinator;

(vi) Civil Rights coordinator or director;

(vi) Safety director or manager;

(vii) legal counsel; and

(viii) Staff from the Fund or any captive.

(c) The covered entity should also appoint on either a permanent or ad hoc basis other individuals whose job duties or special expertise may be of use to the committee, and may include:

(i) internal auditor;

(ii) security director;

(iii) transportation or motor pool director or manager;

(iv) a representative from the finance and accounting section; and

(v) employee representatives.

(d) School districts may also include representatives from the district's athletic, vocational, science and other high -risk programs.

(e) Upon request of the covered entity risk coordinator, the Fund or any captive will provide recommendations on the makeup of the committee.

(f) The committee shall be normally chaired by the covered entity's risk coordinator.

(g) The committee shall be responsible for oversight and supervision of the entity's risk coordination and management program and shall meet at least once each quarter. The entity or its committee may appoint other ad hoc or standing committees, or subcommittees to deal with specific issues and problems such as safety, risk control training, civil rights, accident review.

(4) The duties of the committee shall include the following activities:

(a) identifying, evaluating and resolving entity risk exposures;

(b) reviewing the hazards and corrective actions identified during the annual Risk Management self-inspection survey and developing effective and timely plans to eliminate those hazards;

(c) serving as a liaison between the Fund, any captive, and the entity at the discretion of the risk coordinator;

(d) reviewing inspection and other reports from the Fund and any captive and, where applicable, implementing the proposed recommendations;

(e) reviewing and analyzing investigation reports and recommendations regarding all claims, accidents, worker injuries or near accidents, and making recommendations to entity management for reducing accidents or claims;

(f) recommend disciplinary or corrective action for employees who violate safety standards including OSHA, health, hazardous materials, fire and entity -specific standards and other standards, policies or rules that result in claims, accidents, worker injuries, or near accidents. Any disciplinary or corrective action imposed shall be taken in accordance with the entity's rules;

(g) receiving and reviewing recommendations from the entity's driver safety committee to reduce auto accidents and improve driver safety;

(h) developing policies related to risk reduction and accident prevention and recommending their adoption by entity management;

(i) conducting appropriate evaluations or audits of entity operations and developing findings and recommendations for resolution of identified problems or risk exposures;

(j) conducting an annual review or evaluation of the entity's risk reduction efforts and providing the Fund or any captive with a copy of this evaluation; and

(k) performing other related duties as assigned by the entity risk coordinator, by entity management, or as requested by the Fund or any captive.

Notes

Utah Admin. Code R37-1-7

Amended by Utah State Bulletin Number 2023-05, effective 2/22/2023