Public Risk May/June 2019 by Moire Marketing Partners

PUBLISHED BY THE PUBLIC RISK MANAGEMENT ASSOCIATION MAY/JUNE 2019

AFTER THREE DECADES OF PUBLIC RISK MANAGEMENT, NEW PRIMA 2019–2020 PRESIDENT SCOTT KRAMER LOOKS AHEAD PAGE 6

ALSO IN THIS ISSUE

HOW HEALTH MANAGEMENT PROGRAMS IMPACT WORKERS’ COMPENSATION PAGE 12

HOW TO AVOID SPREADSHEET PARALYSIS

PAGE 16

HOSTILE WORK ENVIRONMENT PREVENTION: The Public Risk Management Challenge PAGE 20

OUTDATED IMAGING EQUIPMENT:

A Problem Impacting Quality of Care and Cost of Claims in Workers’ Compensation

PAGE 24

ANNUAL CONFERENCE PREVIEW PAGE 28

Every community has a story. We help protect it. Travelers has solutions designed specifically for public entities. Our public entity experts work with local communities to design insurance programs tailored to their unique challenges â&#x20AC;&#x201D; from public safety to catastrophic weather to online breaches of sensitive data. We are dedicated to helping communities protect themselves from the unexpected, so that they can continue to tell their stories. To learn more, contact your independent agent or broker.

travelers.com ÂŠ 2019 The Travelers Indemnity Company. All rights reserved. Travelers and the Travelers Umbrella logo are registered trademarks of The Travelers Indemnity Company in the U.S. and other countries. CP-9453 New 4-19

MAY/JUNE 2019 | Volume 35, No. 5 | www.primacentral.org

CONTENTS

The Public Risk Management Association promotes effective risk management in the public interest as an essential component of public administration.

PRESIDENT Jani J. Jennings, ARM Risk Manager City of Bellevue Bellevue, NE PAST PRESIDENT Amy J. Larson, Esq. Risk and Litigation Manager City of Bloomington Bloomington, MN PRESIDENT-ELECT Scott J. Kramer, MBA, ARM County Administrator Autauga County Commission Prattville, AL

After Three Decades of Public Risk Management, New PRIMA 2019–2020 President Scott Kramer Looks Ahead By Teal Griffey, MBA

12 How Health Management Programs Impact

Workers’ Compensation By Brian Devlin

16 How to Avoid Spreadsheet Paralysis

By Jim Leftwich

20 Hostile Work Environment Prevention: The Public Risk Management Challenge

By Joe Jarret

24 Outdated Imaging Equipment: A Problem Impacting Quality of Care and Cost of Claims in Workers’ Compensation By Ted Smith 28 Annual Conference Preview

By Teal Griffey, MBA

IN EVERY ISSUE

| 4 NEWS BRIEFS | 27 ADVERTISER INDEX

DIRECTORS Brenda Cogdell, AIS, AIC, SPHR Risk & Safety Director County of Hillsborough Tampa, FL Forestine Carroll Risk Manager Memphis Housing Authority Memphis, TN Sheri Swain Director of Enterprise Risk Management Maricopa County Community College District Tempe, AZ Donna Capria, CRM, CIC, AINS Risk & Insurance Coordinator WaterOne of Johnson County Lenexa, KS Michael S. Payne, ARM, HEM Risk Manager City of Fresno Fresno, CA Melissa R. Steger, MPA Asst. Director, Workers’ Compensation University of Texas System Austin, TX NON-VOTING DIRECTOR Jennifer Ackerman, CAE Chief Executive Officer Public Risk Management Association Alexandria, VA EDITOR Teal Griffey, MBA Manager of Marketing and Communications 703.253.1262 • tgriffey@primacentral.org ADVERTISING Teal Griffey, MBA 703.253.1262 • tgriffey@primacentral.org

Public Risk is published 10 times per year by the Public Risk Management Association, 700 S. Washington St., #218, Alexandria, VA 22314 tel: 703.528.7701 • fax: 703.739.0200 email: info@primacentral.org • Web site: www.primacentral.org Opinions and ideas expressed are not necessarily representative of the policies of PRIMA. Subscription rate: $140 per year. Back issue copies for members available for $7 each ($13 each for non-PRIMA members). All back issues are subject to availability. Apply to the editor for permission to reprint any part of the magazine. POSTMASTER: Send address changes to PRIMA, 700 S. Washington St., #218, Alexandria, VA 22314. Copyright 2019 Public Risk Management Association

MAY/JUNE 2019 | PUBLIC RISK

THINK. SHARE. TRANSFORM. the leading event for public risk professionals

conference.primacentral.org

JUNE 9 â&#x20AC;&#x201C;12 2019

MESSAGE FROM PRIMA PRESIDENT JANI JENNINGS, ARM

emember when we were kids, we couldn’t wait for time to pass. “Hurry up birthday!” “I can’t wait for summer vacation!” “Christmas comes too slowly!” Now the days and years fly by. My year as PRIMA board president has been no exception. If I have learned anything from this brief past year, it is that PRIMA is, indeed, clearly the most respected and valued educational association for risk management professionals. As president, I have had the opportunity to express ideas and beliefs with passion and precision. I have sought to speak for all of us because it is neither holding the office of board president nor sitting on the PRIMA board of directors that have made PRIMA the premier educational resource organization known throughout the country. It is you, the PRIMA members that have put PRIMA on the map. You are the heart of this organization and PRIMA has tried to have its hand on the pulse of your risk management needs and challenges.

“

the privilege of allowing me to represent you this past year… Days go by and PRIMA marches on!

•

• Over the past year, I have had the opportunity to meet many new public entity professionals and talk to them about PRIMA. Even if they have not been familiar with all of the educational programs PRIMA is currently providing members, everyone seems to be familiar with the success of the PRIMA Annual Conferences, and everyone says the same thing, “I definitely have to get to annual conference this year!” If you have not had an opportunity to attend an annual conference yet, hopefully, THIS is your year! If you are a first-time attendee or even a veteran attendee, I have some tips to help you get the most you can out of PRIMA’s annual conference: • Strengthen your relationships: PRIMA’s annual conference is the time to meet new people, but it’s also a time to reconnect with relationships

As outgoing PRIMA president, thank you for

“

The Reason is You

•

you already have. Reach out to peers and vendors before you go and make plans to meet. Gain visibility: If you’re not ready to submit a session presentation yet, volunteer to be a session moderator. Introduce yourself to board members and ask about how to serve on committees. Do be a proud newbie: Visit the Business Exchange and shake hands with all our terrific exhibitors! Take note of the current board members and PRIMA staff after they are introduced and make sure you introduce yourself to them as a first-time attendee. Choose the right sessions: While it is difficult to whittle down which sessions you will be able to attend, read the whole brochure and try scheduling your highest interests first, then skill-building sessions, the social events, and lastly, schedule some downtime. Remember what you learn: You’re taking in quite a lot, so keep your notes organized so you can access and remember them when you get home. Before you leave each session, write down three takeaways and any follow-up you need to do on the topic. Connect with the speakers: PRIMA speakers are key experts in public risk management. Many are risk management professionals just like you! Don’t be afraid to ask questions or remain after a session to exchange business cards. Download the PRIMA Conference App: Not only will you be able to read about sessions, speakers, and all events but you’ll be able

to access social media and tweet out what’s happening in real time! • Let your hair down at the social events: Definitely make time to attend the conference’s social events—they’re a great opportunity to connect with people in a more relaxed setting. These are the networking opportunities that will help you reach out for assistance the next time you face a new risk management challenge at work. As outgoing PRIMA president, thank you for the privilege of allowing me to represent you this past year. You will still see me volunteering where I can, attending, moderating and/or presenting sessions and definitely letting my hair down at PRIMA social events. I hope to be reading this magazine one day and find that one of you newbie conference attendees is now writing the president’s column. Days go by and PRIMA marches on! Sincerely,

Jani Jennings, ARM PRIMA 2018–2019 President Risk Manager City of Bellevue, NE

MAY/JUNE 2019 | PUBLIC RISK

NEWS BRIEFS

NEWS Briefs

ONE IN FOUR TSA SCREENERS QUITS WITHIN SIX MONTHS

The frequent turnover among TSA screeners, known as transportation security officers, has negatively impacted the security of the aviation system, the Homeland Security Department’s inspector general found in an audit. Staffing shortages have lowered morale, further exacerbating attrition rates. TSA hired 9,600 screeners in fiscal 2017, outpacing the nearly 8,100 officers who left the agency. However, about one-quarter of the new hires left within the first six months of their start dates. The agency spent $16 million to hire and train those workers, part of the $75 million it spent onboarding employees overall that year.

“

What I am looking to do is to be able to exercise the full extent of those authorities to be able to improve job satisfaction with the workforce, to be able to look at overall pay and compensation issues so we begin to address them in a systematic way.

TSA Administrator David Pekoske

At a House Appropriations Committee hearing on Tuesday, TSA Administrator David Pekoske told lawmakers he agreed the agency’s screener attrition rate of 17 percent was too high and that low pay was partially responsible. He noted that pay and other issues affecting retention were “completely within [TSA’s] control,” due to the latitude lawmakers gave the agency when standing it up.

The agency has failed to demonstrate opportunities for employees to move from entry-level to higher-earning positions, the IG said, a problem employees identified as the top reason for moving on from their jobs. TSA has failed to act on that information in part because its management does not habitually use exit survey data to make more informed decisions. Employees through those surveys have also complained about low pay, an issue management is working to address.

“What I am looking to do is to be able to exercise the full extent of those authorities to be able to improve job satisfaction with the workforce, to be able to look at overall pay and compensation issues so we begin to address them in a systematic way,” Pekoske said. The administrator explained that he created a “blue-ribbon panel” to examine the options for addressing compensation, which he expects to hear from shortly. The IG said TSA promised to address pay issues by June 30.

TSA officials told the IG that employees at airports in competitive job markets can earn more money at a retail store or a sandwich shop than as an entry-level screener. Those screeners earn around $35,000 in starting salary, depending on where they work.

Pekoske said he has also addressed the workforce development issue with the creation of a TSO career development plan to show employees where they could be several years down the line. Many screeners never have that opportunity, however, as they are only hired on a part-time

PUBLIC RISK | MAY/JUNE 2019

“

The Transportation Security Administration loses employees a rapid rate due to low pay and limited opportunities for career growth, according to a new report, though the head of the agency recently told Congress he plans to boost salaries for his front-line workers.

basis. Of the 9,600 officers TSA hired in fiscal 2017, more than two-thirds were part-time employees. TSA hires that way to work around flight schedules, according to the IG, who noted the strategy leads to an increased turnover rate. Part-time employees voluntarily leave TSA at a rate two to three times higher than full-time workers. The auditors faulted TSA for failing to properly explain its demands and expectations for employees when they start. The agency also inadequately screens candidates as it does not have formal guidance on ranking candidates or properly documenting information about potential hires. TSA also has failed to maintain an adequate hiring pipeline to fill vacant positions, the auditors said. It has relied on overtime shifts to make up for staffing shortfalls, but the IG found that higher use of overtime has led to lower job satisfaction, which in turn has resulted in higher turnover. The inspector general recommended that TSA make better use of exit survey data, do a better job of communicating career opportunities and increase screener pay—all of which agency management agreed to do.

ARE GOVERNMENTS RIGHT TO BAN FACIAL RECOGNITION TECHNOLOGY? Over the past year, a number of organizations have campaigned for policymakers to ban government use of facial recognition technology and for companies like Microsoft, Amazon, and Google to not sell the technology to government. Their efforts have begun to bear fruit. In February, a lawmaker in San Francisco proposed a rule that would ban all city departments from using facial recognition technology, and state legislators in Massachusetts and Washington have since followed suit with their own proposal to ban government use of facial recognition. However, these proposals are based on inaccurate or misguided concerns, and following through on them would weaken the effectiveness and efficiency of law enforcement, make schools less safe, and hold back technological progress at other government agencies. Much of the opposition to facial recognition is based on the false belief that the systems are not accurate. But many of the most high-profile critiques of facial recognition are based on shoddy research. For example, the American Civil Liberties Union (ACLU) has repeatedly claimed that Amazon’s facial recognition service had an error rate of 5 percent when used to

compare Congressional photos to mugshots, but the error rate would have dropped to zero had the ACLU used the recommended confidence threshold of 99 percent. Moreover, there is clear evidence that facial recognition technology is becoming increasingly accurate. In 2018, the Department of Commerce’s National Institute of Standards and Technology (NIST) tested how accurately the facial recognition software from major developers could match two photos of the same individual from a database of nearly 27 million photos. NIST found that only 0.2 percent of searches failed. And while several facial recognition systems perform less accurately for certain demographics, the private sector has been actively working to address this problem, such as by developing more diverse image data sets to train their systems. Unfortunately, these proposed bans would limit many beneficial applications of facial recognition technology, such as allowing police to more quickly identify potential suspects, witnesses, and victims; ensuring only authorized personnel can access secure government buildings; and helping schools prevent sex offenders, disgrun-

tled employees, or other potentially dangerous people from entering their facilities. Simply put, computers can search millions of photographs at a fraction of the time and expense of humans. Indeed, the technology has already proven its value on many occasions, including by finding missing children, catching people with false documents at airports, and combating human trafficking. Moreover, some of the proposed bans, such as the bill in Washington, would limit government from using other technologies, like tools to blur faces in surveillance footage before public release. Policymakers can promote the responsible use of facial recognition technology by the government without banning its use. For example, they can require that law enforcement only use facial recognition technology that meets certain performance benchmarks to ensure the technology is used effectively, and they can provide oversight to ensure accountability for the policies and practices that law enforcement develops to use the technology effectively. In many cases, this oversight will be an extension of existing accountability measures. Finally, government funding can support the development of better data sets, more accurate systems and best practices.

IN #METOO ERA, CITIES TRAIN BYSTANDERS TO INTERVENE Many people have a plan for when dates go badly. Some have a friend call with a fabricated emergency. Others fake being sick or having work come up. If the date ventures into dangerous territory, customers at bars and restaurants in Arlington, Va., have another option: ask for Angela.

Ask for Angela is part of a broader push to make bystanders part of the response to sexual harassment and violence. A widely studied psychological concept known as the “bystander effect” asserts that people are less likely to offer assistance to a victim when others are present.

If a woman asks to speak to “Angela,” staff are trained to recognize the code and will then call her a cab and help her leave the facility. The city launched the Ask for Angela program last fall as a way to help patrons safely leave situations where they feel threatened. Currently, 22 local bars and restaurants are participating.

The Arlington Restaurant Initiative, which seeks to ensure the safety of residents in public, is adapted from programs launched in cities throughout the United Kingdom. The county’s police and health departments offer trainings that empower employees to take action. Washington, D.C.’s Safe Bars group also helps train staff to prevent sexual harassment.

While dating violence affects people of all genders and ages, women between 18 and 24 years old are victims of it at a disproportionate rate. Likewise, LGBT people encounter it more often than heterosexual people.

“The responsibility is not just on the patron who feels uncomfortable,” says Autumn Jones, program director for Arlington’s Victim/ Witness Program. “We are also training the bar staff, the bartenders, the managers, the

bouncers. If they see things, it gives them an opportunity to intervene in an appropriate way.” Once one person decides to intervene, Candice Lopez, a manager for Arlington’s domestic violence initiative Project PEACE, says other witnesses will then be more likely to take action. “What I love about these programs is that they target a community of people,” Lopez says. “We are trying to empower them as a community acting together and not acting in a silo.” Arlington’s initiative reflects a growing push toward bystander trainings, which teach witnesses of sexual harassment and violence how to respond. Last year, bystander trainings were incorporated into sexual harassment prevention for Philadelphia city employees. College campuses around the country have also pushed such programs.

MAY/JUNE 2019 | PUBLIC RISK

PUBLIC RISK | MAY/JUNE 2019

AFTER THREE DECADES OF PUBLIC RISK MANAGEMENT,

NEW PRIMA 2019–2020 PRESIDENT SCOTT KRAMER LOOKS AHEAD BY TEAL GRIFFEY, MBA

“O

N MY WAY HOME FROM LAST YEAR’S PRIMA CONFERENCE, I was offered

a position as the County Administrator of Autauga County in central Alabama.” The county has 200 employees and a $20M budget, including a jail, senior centers, agricultural arena, rural transportation, emergency management, solid waste, engineering, probate, revenue, and the sheriff’s office.

While the position may be new, Kramer is no stranger to risk management, starting his career in 1988. “Initially, I was employed as the Assistant Risk Manager for Ingalls Shipbuilding, a U.S. naval contractor that employed 17,000 at the time in Pascagoula, Mississippi.” In his 15 years at Ingalls, Kramer’s understanding of risk management grew as his job responsibilities increased, and he successfully earned his MBA from the University of Southern Mississippi.

he worked for 11 years before becoming the County Administrator of Autauga County.

In 2003, Kramer shifted to public risk management, accepting a position as the risk manager for the County Commission in Alabama’s state capital, Montgomery, where

As the new 2019–2020 PRIMA President, Kramer draws upon his past risk management and PRIMA member experience to inform his presidency moving forward.

2003 was also the year Kramer became a PRIMA member. “I began working in public sector risk management, and early on, as I met counterparts from other areas of government, they recommended I join PRIMA. I promptly acted on that sound advice and have remained a member for the last 15 years.”

MAY/JUNE 2019 | PUBLIC RISK

NEW PRIMA 2019–2020 PRESIDENT SCOTT KRAMER

PRIMA’s annual

education conference

is second to none. The

break-out sessions and professional speakers

provide opportunities for all risk manager to grow in their respective roles.

WHAT ARE YOUR GOALS FOR THE TERM OF YOUR PRESIDENCY?

➊ The more effective the board and the PRIMA CEO work together, the more we can accomplish. To further this end, I will be establishing leadership development goals through coaching for both the board and the CEO. ➋ Update the PRIMA website so members can easily locate the public risk resources they need. ➌ Provide clear direction to PRIMA committees and their respective leadership, so we can keep moving this association forward. ➍ Finally, I want to ensure that the yearly educational conference continues to provide great resources for all our members, both new and experienced.

WHAT ARE THE BENEFITS OF BEING INVOLVED WITH PRIMA?

One of the biggest benefits of PRIMA is the networking of peers. I am never hesitant to ask questions from seasoned risk managers when I encounter a challenge that I have not experienced in the past. PRIMA’s annual education conference is second to none. The break-out sessions and professional speakers provide opportunities for all risk manager to grow in their respective roles.

PUBLIC RISK | MAY/JUNE 2019

Our Cybrary is the next most valuable resource. There are countless documents there that have been shared by other risk management professionals. These documents can be used as learning tools, templates for customized documents, and more. I also love the real-time responses that our members receive through PRIMAtalk from other members on questions that arise within their entity.

WHAT PRIMA BENEFITS HAVE YOU TAKEN ADVANTAGE OF? WHAT HAS BEEN MOST HELPFUL?

One of the biggest benefits is peer networking. I have been involved with various committees and the board and have met many great people in the field of public risk management. Additionally, the sessions at the PRIMA annual conference have been of great benefit. The sessions give me a comprehensive understanding of the risks and provide answers to questions that arise in my experience.

WHAT IS THE ONE THING PRIMA OFFERS THAT ITS MEMBERS DO NOT TAKE ENOUGH ADVANTAGE OF?

Newer risk managers should take advantage of the Cybrary. Many of my peers are happy

to share information and experiences that are extremely helpful and allow us to avoid “reinventing the wheel” by customizing an existing document that fits one’s needs.

WHAT SKILLS DO RISK MANAGERS NEED TODAY THAT THEY DID NOT NEED IN THE PAST?

To be effective, today’s risk managers must continually sharpen their communication and leadership skills. We must work with first-line employees, supervisors, directors, administrators, elected officials, brokers and other outside entities who offer products and services that may be beneficial.

WHAT ARE THE BIGGEST CHALLENGES RISK MANAGERS FACE IN THE NEXT YEAR? IN THE NEXT FIVE YEARS? The biggest challenge that risk managers face in the upcoming year is to manage costs in all lines of insurance. In the next five years, I think risk managers will continue to be challenged to remain relevant within their company or government entity. There will always be those who challenge our decision-making, but risk managers must continue to be forwardthinking, innovative, and aggressive.

WHAT IS THE BIGGEST CHALLENGE YOUR OWN ENTITY HAS FACED IN THE LAST 5 YEARS? DID BEING A MEMBER OF PRIMA HELP YOU?

The biggest challenge my entity faces is managing the liability of the detention center. I have been tasked with mold issues, overcrowding, and correctional healthcare costs, with a limited budget where time is of the essence. My knowledge from PRIMA annual conferences and discussions with peers has helped me overcome many of the challenges I face in this new role.

WHAT DOES PRIMA DO TO SUPPORT THE NEW CHALLENGES RISK MANAGERS FACE?

I cannot overstate the value of PRIMA’s annual educational conference, the PRIMA Institute,

and ERM (Enterprise Risk Management) training in overcoming new challenges by staying informed of relevant issues that arise in our industry. PRIMA Institute offers a good foundation for those new to the profession, or in need of a refresher. A lot of great information is shared in this week of training that aims to assist risk management professionals to perform their job effectively. In addition, networking with PRIMA peers is a major asset that can assist new and seasoned risk management professionals to meet future challenges as they arise. The ERM (Enterprise Risk Management) training is good for seasoned risk management professionals. PRIMA has gathered experts in all areas of public entities to provide practical training on this relevant topic. After training is completed, PRIMA continues to send updates that assist in ERM implementation for your entity. Other than PRIMA’s Education and other resources, what can PRIMA members do to get the most out of their PRIMA membership? PRIMA has many resources to assist the new and experienced risk manager, but by getting involved with the PRIMA committees and board, a public risk professional can grow by learning from the experiences and knowledge of their peers. This involvement affords you opportunities that you wouldn’t normally have.

Scott Kramer will be sworn in as PRIMA’s 2019–2020 president at PRIMA’s Annual Conference in Orlando. Teal Griffey, MBA is the Manager of Marketing and Communications at PRIMA.

“

There will always be those who challenge our decision-making, but risk managers must continue to be forward-thinking, innovative, and aggressive.

“

Where do you see yourself in five years? In five years, I strive to become an everincreasingly effective County Administrator. With the help of PRIMA, my experiences as a risk manager have prepared me well to handle this role.

New PRIMA 2019–2020 President Scott Kramer

MAY/JUNE 2019 | PUBLIC RISK

Further your public sector risk management education without leaving the office! This Webinar series features top presenters delivering risk knowledge to your desktop!

PRIMA’S 2019 RISK MANAGEMENT

WEBINAR SERIES PRIMA WEBINARS ARE FREE FOR MEMBERS! Visit www.primacentral.org today to register for individual Webinars or for the entire program!

M AY 1 5 | 1 2 : 0 0 P M – 1 : 3 0 P M E ST FENTANYLS AND THE SAFETY OF FIRST RESPONDERS SPEAKER: Adam Seidner, MD, MPH, CIC, Chief Medical Officer, The Hartford DESCRIPTION: The unintentional use of illicitly manufactured fentanyls (synthetic opioids) alone, or added to heroin, or cocaine has been cited as an important driver of the recent increases in opioid overdose deaths (Dowell D, et. al.J Am Med Assoc. 2017). First responders are potentially exposed to opioids as a result of their employment and may be at risk of acute opioid intoxication. Responders should be aware of exposure prevention measures as well as the proper management of intoxication. AT T E N D E E TA K E AWAYS :  Learn the signs and symptoms of acute opioid intoxication  Describe the probable routes of opioid exposure related to job exposures  Learn how to limit opioid exposures

For more information, or to register, visit primacentral.org/webinars.

Protect your evolving community What will your community look like in five years? The future may be uncertain, but your risk solutions shouldnâ&#x20AC;&#x2122;t be. #CommunityMR | www.munichreamerica.com/alternativemarket Products and services are provided by American Alternative Insurance Corporation and/or The Princeton Excess & Surplus Lines Insurance Company, affiliates of Munich Reinsurance America, Inc

NOT IF, BUT HOW

How Health Management Programs IMPACT WORKERS’ COMPENSATION BY BRIAN DEVLIN

T GOES WITHOUT SAYING THAT PUBLIC SAFETY EMPLOYEES HAVE DIFFICULT JOBS. Along with facing high levels of stress, these are physically demanding positions which can often result in job-related injuries or illnesses.

Unfortunately, health management systems that are designed to improve employee health are not always available or administered effectively. What can public entities do to reduce claims and keep a healthier workforce? One tactic that has seen positive results is the introduction of a health management program built to meet the long-term health and recovery needs of public safety employees. Here’s what you need to know about the unique risks these employees face and how the right program can reap huge benefits.

HEIGHTENED RISK

For public safety employees, personal health and fitness for duty intersect. The majority of public safety employees are not required to demonstrate regular fitness for duty, leading to deconditioning and the inability to perform essential physical job demands and functions. This then increases the odds of suffering a serious injury as the job demands become higher than what these employees are physically capable of performing. To make matters worse, when a police officer, fire, emergency medical services or corrections officer has a duty-related workers’ compensation claim, both the injury and recovery are often delayed or complicated by the public safety employee’s personal health and comorbidities. These health comorbidities usually develop gradually over time after graduation from their respective academies, leading to a lessphysically-able-to-perform employee who faces a higher risk of injury on the job, and a longer

PUBLIC RISK | MAY/JUNE 2019

predicted and realized period of benefit activity, utilization and expense. For example, a police officer with a history of cardiovascular incidents or who is considered medically obese and suffers a serious injury likely will have recovery complications and an extended benefit period. The stress faced while on the job can also lead to anxiety disorders and other mental health issues—all of which can complicate injury recovery and impact complex decisions that officers are often forced to make in the highly emotionally charged situations they face out on the streets. Complications of this nature can then put adverse pressure on benefit utilization and the corresponding premium for workers’ compensation coverage. Suffering incidents like this also disrupts agency staffing models, decreases productivity, and leads to increased payroll costs due to the necessary overtime to cover the corresponding shift loss. Additionally, some states have health presumption laws for

early responders that automatically qualify benefits based on cardiac and cancer diagnosis. In Illinois, early responders receive 100 percent salary tax-free for one year of duty-related disability for lost time, and receive lifetime healthcare coverage for both the employee and spouse in the advent of permanent disability. Clearly, helping these community service employees maintain healthier lifestyles and fitness levels is not only important to public entities themselves, but also to the public they serve.

THE SUCCESS OF TARGETED HEALTH MANAGEMENT PROGRAMS

As the program administrator for a large Illinois public entity insurance pool, our data has demonstrated how fitness for duty and employee health for public safety employee space can influence and complicate benefit utilization in administering workers’ compensation coverage. Pre-incident and post-injury services have a

demonstrated impact on employee health and can improve injury recovery for duty related injuries. These pre and post-incident programs have a positive impact on benefit utilization and lost time duration for duty related injuries. Therefore, a workplace health management program is an important tool to be administered to these public safety employees, but it’s essential that it is implemented and structured correctly. In many different fields outside of the first responder space, we see versions of these wellness programs put in place only to ultimately come up short. As the LA Times reported earlier this year, a recent study at the University of Illinois found that a standard workplace wellness program—complete with monetary incentives—ended up not having much of an effect on employee health. This study gave 3,300 employees access to the university’s workplace wellness program,

iThrive. These employees were then split into six groups, with each group receiving different cash incentives for completing steps in the program ranging from $50 to $350. The iThrive healthcare program offered participants: • A health assessment • Biometric screening • Various services and classes including chronic disease management, tai chi, and a fitness challenge Once the study concluded, researchers found that none of the incentive levels had much impact on employee behavior, employee health or healthcare costs for the university. In short, it was a failure. So, if financial incentives won’t work, how can public entities implement a program that will both improve employee health and lower worker’s compensation claim expenses and benefit period duration?

MAY/JUNE 2019 | PUBLIC RISK

HOW HEALTH MANAGEMENT PROGRAMS IMPACT WORKERS’ COMPENSATION

In implementing the correct healthcare management program, public entities can expect to field a workforce of physically capable frontline employees able to respond to the demands of the job more effectively. It’s critical that entities take their time and find the right partner who can implement a fully functional health management system designed around public safety interests.

THE KEYS TO A SUCCESS PLAN

First and foremost, a successful public entity health management program designed for reducing workers’ compensation claims needs to have medical professionals involved, and not just for a “one-off,” introductory screening period. As a baseline qualifier, any public safety health management tool should administer services and resources in: • Maintaining functional fitness • Establishing fundamental nutrition and weight loss goals • Mental health services specially designed around the unique and demanding nature of public safety jobs • Progression toward a department physical standard This program should also be administered by a qualified physician and feature case management support featuring: • Biometric screenings and access to previous medical records for program qualification.

PUBLIC RISK | MAY/JUNE 2019

• One-on-one consultation with clinical health management specialist • Educational programs on stress awareness, injury prevention, and nutritional programs With the correctly designed health management program, results are demonstrated by lower workers’ compensation claims and by reduced repeater injuries, and a reduced workers’ compensation benefit period. Added benefits include a new department culture built around maintaining health and a department physical standard. The right program should also help: • Combat the rising costs of medical claims and premiums on public entity self-insured programs • Improve officer health and productivity • Improve agency staffing models • Lower benefit utilization and period for workers’ compensation injuries • Maintain a more fit and able agency able to respond to the public service needs of the community they serve • Provide mental health support for critical incident management

DRIVING MEANINGFUL CHANGE At our organization, we’ve put in place many similar programs over our 20 years in the field. Results continue to demonstrate that after just one year of a health program being implemented that meets the qualities outlined above, we’ve seen dramatic results. Workers’ compensation claims frequency and benefits expense both drop for these departments and programs like this demonstrate consistent improvement in employee health, safety, and productivity for safety-sensitive positions that the communities they serve rely on. In implementing the correct healthcare management program, public entities can expect to field a workforce of physically capable frontline employees able to respond to the demands of the job more effectively. It’s critical that entities take their time and find the right partner who can implement a fully functional health management system designed around public safety interests. Brian Devlin is the Senior Vice President of Risk Management Services at IPMG.

Your community is unique. So are the insurance solutions we provide. OneBeacon Government Risks has protected communities with customized property and casualty insurance solutions for over a decade. Our in-depth understanding of local government means we appreciate your unique needs and will partner with you to protect them. Stop by booth #213 at the National PRIMA conference or speak with your broker to learn more!

A Member of OneBeacon Insurance Group Policies may be underwritten by Atlantic Specialty Insurance Company or OBI National Insurance Company

866.971.6247 | onebeacongov.com | @OneBeaconGov

HOW TO AVOID SPREADSHEET PARALYSIS

Once considered the best way to do business, the basic functionality of spreadsheets is now under question as the right tool for the job. BY JIM LEFTWICH

PUBLIC RISK | MAY/JUNE 2019

ACK IN 2016, Microsoft reported that more

than one billion people used its Office suite of

applications, which includes the Microsoft Excel

spreadsheet. Roughly one in every six people on

earth use it, Microsoft said. There is no doubt that

when Microsoft first developed this application, they were on to

something important, and it still has its place within the Office suite

for many users. Of course, Microsoft is not the only company that has produced and promoted spreadsheet programs; there are literally hundreds of similar programs, typically sold as single-seat, standalone applications not tied to any common database.

For some companies, spreadsheet programs are chosen for their lower cost, ease-of-use and routine reporting. In fact, over the years, employees have become so familiar with spreadsheet applications that they simply don’t want to work any other way. Some call this “spreadsheet paralysis,” which references the insurer’s common argument that it’s always been done this way, so why change? This seems especially true with smaller insurers, self-insured groups, public risk pools, and their agents, all of which use spreadsheets to calculate and process data. The reason these insurers hesitate to phase out spreadsheets as a primary way to process data is because this dated technology works for what it was designed to do. So, when technology budgets are formxulated, the typical question becomes: why should we change if it works? It’s easier to simply continue on; no extra training is required, and no changes are required in how workflow is managed. Or are they? What happens when a spreadsheet error is found that affects an entire book of business and puts routine financial and regulatory reporting in a state of instant jeopardy? How long does it take to backtrack, examine the various versions of the spreadsheet’s values, calculations, source data and file history, and correct the error? In another example, consider what happens when the policyholder demands something

that spreadsheets can’t produce. These demands can arise within the customer service, claims or billing areas, and we know these demands are increasing, leaving many smaller insurers in a scramble to shorten steps, access more information and respond in real time to customer requests. Let’s look further at billing. The complexity of this functional business unit requires access to data points on all things related to the customer, their demographic information, policy history, premium, invoice amount and payment. When working in a common spreadsheet application, only one person at a time can access and edit this data, making real-time collaboration with other members of the billing department— much less the other pertinent business units that also touch the customer—impossible. The irony here is that if the application resides within the insurers’ intranet, the data being manipulated by the last individual to touch the file most often represents data that was generated by multiple other sources and users, making accurate reporting difficult and delayed. For public entities and other self-insured groups, this could play forward to an audit disaster. Even if reporting is 100-percent accurate, this approach does not take into account the critical importance of secure storage or backups of the

data, which, as part of the organization’s core business applications, are typically kept onsite, putting the entire system in harm’s way should a natural disaster occur. Like larger insurers, smaller carriers, selfinsured and public entity groups have an opportunity to take a proactive approach to being able to process data collaboratively, respond faster to customer and auditor demands, and operate in a secure environment where data is controlled, available and safe from compromise. Since this method takes into account the importance of Software as a Service over a hosted-cloud platform, data encryption (in transit and at rest) is employed to ensure comprehensive compliance and quality assurance. This method also gives users greater control over calculations and provides audit trails to document every aspect of data access manipulation. The result is an immediate reduction in formula error, improved ability to perform all the routine tasks that a spreadsheet once did, as well as the ability to perform sophisticated risk analysis based on accurate, real-time information. And because it’s a hosted application, the output of the right information to the right audience is guaranteed when and where they need it. Yes, there will be some hesitancy among users who are comfortable with the spreadsheet status quo. But the reality is that spreadsheets were never intended to be used to run the business, only support it. New technology enables insurers to do exactly what they had been doing with spreadsheets…and more. From the insurers’ point of view, having modern technologies is a great enticement to the hiring of new technology workers who are looking for the latest solutions in order to competently do their jobs. At a time when smaller insurers, self-insured and public risk pools are feeling the pressure to become “digitally transformed,” the move away from stand-alone spreadsheets to a collaborative cloud-based enterprise solution is a great first step. Jim Leftwich is the CEO of CHSI Technologies Inc.

MAY/JUNE 2019 | PUBLIC RISK

Visit the Crisis Resilience Learning Lab Sponsored by Gallagher Public Sector Incidents of violence in the workplace, active shooters, acts of domestic terrorism, cyber extortion— all of these crises require excellent risk management in order to be prepared, respond and recover. Join Gallagher in the Crisis Resilience Learning Lab at PRIMA’s 2019 Annual Conference to consider the risk management tools, products and services that can help your entity become more resilient in the face of these uncertainties. • Open on Monday, June 10, and Tuesday, June 11, in the Business Exchange (formerly Exhibit Hall).

• Two information sessions on new Crisis Resilience products and services that can help you prepare, survive and recover faster.

Make plans to stop by. We look forward to seeing you there! ajg.com

• Three educational sessions that focus on key aspects of crisis preparation and recovery.

Hostile Work Environment

PREVENTION: The Public Risk Management Challenge BY JOE JARRET

PUBLIC RISK | MAY/JUNE 2019

N MANY PUBLIC ENTITIES ACROSS THE COUNTRY, employees who feel they are being subjected to a hostile work environment are encouraged to report such incidents to Human Resources (HR), for investigation. If the claim has merit, then it becomes the responsibility of HR to determine what intervention is necessary to resolve the issue as well as ensure it doesn’t become even more pervasive. It is not uncommon for HR to work hand-in-hand with the entity’s legal team, especially when the alleged actions or behavior discriminate against members of a protected classification such as age, gender, religion, disability, or race. While many public employers implement policies against harassment and discrimination, the risk manager is often left out of the hostile work environment equation, even though such acts are a risk that should be treated much like any other threat to the entity. Often times, the time-honored responses to risk in the form of risk avoidance or risk reduction/mitigation can be applied to claims founded in hostile work environment allegations.

MAY/JUNE 2019 | PUBLIC RISK

HOSTILE WORK ENVIRONMENT PREVENTION: THE PUBLIC RISK MANAGEMENT CHALLENGE

By working with the entity’s HR and legal team, and by making a good faith effort to swiftly and adequately respond to and resolve any substantiated complaints or legitimate issues that do arise, and by openly and honestly communicating with employees, insuring confidentiality throughout and beyond the complaint process, taking fair and just corrective action and educating the workforce, the risk manager can go a long way in protecting the entity from costly, morale-damaging lawsuits.

HOSTILE WORK ENVIRONMENT The debate over just what constitutes a hostile work environment is a perennial one that has been going on for years. However, employee perceptions of what constitutes a hostile work environment, and the courts’ perceptions of same are often incongruent to recompense.1 Our federal and state courts, however, have consistently ruled that petty annoyances or slights, or isolated incidents of boorish behavior will generally not give rise to the level of an illegal employment action. Nevertheless, just because an employee lacks the necessary elements to bring a legal cause of action for harassment or a hostile work environment, if the workplace environment is such that an employee has difficulty performing his or her job, or has an overall uneasy feeling about the work environment, the employee’s productivity, performance, and working relationship with others is bound to suffer.

For a work environment to be deemed unlawful, it would have to be considered intimidating, hostile, or offensive to reasonable people. According to the Equal Employment Opportunity Commission (EEOC), in order for harassing or hostile behavior to degenerate into unlawful conduct violative of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), the Americans with Disabilities Act Amendments Act of 2008, (ADAAA), and related federal statutes, the offense conduct must:

PUBLIC RISK | MAY/JUNE 2019

➊ Be unwelcome and based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information; ➋ Become a condition of continued employment, or ➌ Be severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. The U.S. Department of Labor (DOL), advises that prohibited workplace harassment may take either of two forms. It may entail “quid pro quo” harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct, typically conduct of a sexual nature. Workplace harassment may also consist of offensive conduct based on one or more of the protected groups above that is so severe or pervasive that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as being fired or demoted). According to the DOL, a hostile environment can result from the unwelcome conduct of supervisors, co-workers,

customers, contractors, or anyone else with whom the victim interacts on the job, and the unwelcome conduct renders the workplace atmosphere intimidating, hostile, or offensive. Examples of behaviors that may contribute to an unlawful hostile environment include: • discussing sexual activities; • telling off-color jokes concerning race, sex, disability, or other protected bases; • unnecessary touching; • commenting on physical attributes; • displaying sexually suggestive or racially insensitive pictures; • using demeaning or inappropriate terms or epithets; • using indecent gestures; • using crude language; • sabotaging the victim’s work; • engaging in hostile physical conduct. Whether an instance or a pattern of harassing conduct is severe or pervasive is determined on a case-by-case basis, with consideration paid to the following factors: • the frequency of the unwelcome discriminatory conduct; • the severity of the conduct; • whether the conduct was physically threatening or humiliating, or a mere offensive utterance; • whether the conduct unreasonably interfered with work performance;

• the effect on the employee’s psychological well-being; and • whether the harasser was a superior within the organization. Should an employee fail to get redress from the employing entity for his/her grievances, chances are an attorney will be retained. The Plaintiff’s attorney will generally ask four questions of her/ his prospective client relative to the behavior the employee deemed hostile or harassing: • Were the incidents unwelcome? • Were the incidents discriminatory towards a protected class? • Did the incidents occur repeatedly over a period of time? • Was the incident both objectively and subjectively hostile to a person of average intelligence?

or other person who may be party to the harassment. For instance, the employee should be able to go directly to HR, the risk manager, or the legal department to air a grievance. Along with providing employees with access to several individuals, the entity should also have a strongly worded “anti-retaliation” policy so employees will not be reluctant to file a complaint and otherwise have confidence in the complaint process. Further, the policy should address the forms of inappropriate or harassing conduct prohibited by managers, supervisors, employees, customers, and third parties, as well as the misuse of social media, the entity’s computer system, issued cell phones and other communication devices, etc.

As the savvy risk manager is aware, the best risk is the one avoided. As such, one way to prevent a hostile work environment is to scrupulously investigate prospective employees. Often, background checks, checking references, and related due diligence can disclose previous behavior that is unacceptable to your entity. As to the current workforce, training must be part of an entity’s efforts to prevent a hostile workplace. Training should, at a minimum, consist of an explanation of the laws that prohibit harassment, and examples of harassing behavior that violate the law and the entity’s policy. Further, the entity must have a clear, concise, confidential process for handling complaints about harassing behavior. Attempting to operate without such a policy renders your preventive measures virtually useless. The best way to identify unacceptable behavior is through your employees. It is only then that you can take steps to correct behavior that can lead to a hostile work environment.

Once an employee files a complaint, an objective investigation must be initiated as soon as possible. A good example of how such complaints should be investigated is provided by the EEOC. When investigating allegations of harassment or a hostile work environment, the EEOC examines the nature of the alleged inappropriate conduct, and the context in which the conduct occurred. A determination of whether a work environment is hostile, or harassment is severe or pervasive enough to be considered illegal, is made on a case-by-case basis. So too should the employer treat each allegation of inappropriate conduct on a case-by-case basis. After an allegation is investigated and hopefully resolved, follow-up is key. To begin, if the complaint has merit, and the offending party is retained (at times the behavior is so egregious that termination is the only viable option), any admonishment issued to the employee must be documented in his/her employment file. Documentation is crucial, as it provides the employer with a record of the frequency and severity of any inappropriate conduct and whether a greater level of discipline, such as termination, is warranted should the conduct reoccur. It is imperative that someone outside of the employee’s chain of command check in with employees who have filed complaints to ensure the inappropriate conduct is no longer occurring and they are not being subjected to retaliation.

Your entity must have a personnel policy that includes a complaint procedure that provides for more than one option for filing a complaint so that an employee does not have to complain to a manager, department head, immediate supervisor

Because managers and supervisors are expected to be “in the know” when it comes to the actions of the people they supervise, only individuals that have the proven ability to treat employees fairly and professionally

If the answers to the above are all yes, you can presume your entity is vulnerable to a lawsuit once the plaintiff has exhausted all of her administrative remedies under the EEOC.

PREVENTING A HOSTILE WORK ENVIRONMENT

while avoiding inappropriate conduct should be in leadership positions. Such individuals should receive additional training to educate them about their vital role in ensuring your work environment remains free of the type of inappropriate conduct that could lead to a hostile work environment. Not all employees instinctively know when the behavior they are witnessing is offensive, discriminatory, or inappropriate, especially if they are not bearing the brunt of the same. Others may not realize the degree to which the offended party found a certain type of behavior to be inappropriate or offensive. Senior management should not assume that common sense will carry the day when it comes to employee behavior. More often than not, people require unequivocal examples of conduct that is inappropriate in today’s workplace. Finally, supervisors who witness behavior they deem inappropriate should take immediate steps to remedy the behavior, rather than wait for an employee to file a complaint.

SUMMARY

It is vital that today’s risk manager remain knowledgeable of the factors that give rise to a workplace being considered hostile to its employees. The issues and potential liability related to claims of “hostile work environment” can not only prove fiscally devastating to a public entity, but serve to bring discredit upon it. By working with the entity’s HR and legal team, and by making a good faith effort to swiftly and adequately respond to and resolve any substantiated complaints or legitimate issues that do arise, and by openly and honestly communicating with employees, insuring confidentiality throughout and beyond the complaint process, taking fair and just corrective action and educating the workforce, the risk manager can go a long way in protecting the entity from costly, morale-damaging lawsuits. Joe Jarret is an attorney, former public risk manager, and the past-president of the SW Florida Chapter of PRIMA. He is PRIMA’s 2016 Author of the Year.

FOOTNOTES 1 See Heathfield, Susan, Legal Requirements for a Hostile Environment and Yahnke, Katie, What is a Hostile Work Environment?

MAY/JUNE 2019 | PUBLIC RISK

Outdated Imaging Equipment: A Problem Impacting Quality of Care and Cost of Claims in Workersâ&#x20AC;&#x2122; Compensation BY TED SMITH

PUBLIC RISK | MAY/JUNE 2019

N WORKERS’ COMPENSATION, DIAGNOSTIC IMAGING—SUCH AS AN MRI, CT, OR PET SCAN— is often the first critical step to assess the severity of an injury and to develop a treatment plan for prompt recovery and return to work. It’s imperative that the use of a reliable facility that produces a quality image is utilized from the onset to ensure the best outcome for the injured worker. However, obsolete imaging equipment has become a significant issue. Today, if injured workers require a scan, they could be sent to an imaging facility with old or outdated equipment, if that facility or equipment was not properly vetted in the first place. According to a 2014 position paper published by the European Society of Radiology, imaging equipment that is less than five years old is considered state-of-the-art technology. Properly maintained equipment that is between six and 10 years old is suitable for practice, but organizations should have a plan in place to upgrade these machines. And equipment that is over 10 years old is considered antiquated and should be switched out with newer models. A recent report published by AXREM, an association representing suppliers of diagnostic imaging equipment, suggests that more than 50% of MRI and CT scanners in the UK are more than five years old, with more than 10% of CT scanners and more than 20% of MRI scanners, being over 10 years old. A similar study—with similar results—was performed in Canada. Although a comparable study has not been performed in the United States, imaging equipment in our country is in a similar predicament. Regional newspapers across the U.S. have reported that local hospitals and facilities urgently need to replace aging scanners. However, these providers face critical challenges that triggered this trend in the first place. The primary one is the cost. The financial outlay for newer machines is extremely high, creating a substantial barrier to ongoing equipment renewal in the market. In addition, continued downward pressure on provider reimbursement has made it extremely difficult for imaging facilities to squirrel away the necessary funds for equipment upgrades.

THE BENEFITS OF IMAGING ADVANCEMENTS

While investments in newer machines have been difficult to make, their advancements offer great promise. The latest equipment can

enable health care providers to diagnose and treat patients with greater precision, giving them unprecedented visual and functional information on a patient’s condition. At the same time, newer equipment facilitates faster, more intelligent imaging services that support medical decision-making, improves outcomes, and boosts the economics of imaging departments and facilities. Since scans are faster, newer technology improves the patient experience. Twenty years ago, a CT might have taken half an hour. Today, newer technology can get the same information in less than two seconds. By that same token, an MRI might take up to 20 to 40 minutes, but the actual imaging itself only takes a few seconds or minutes of that time. Quicker scans enable facilities to see a greater number of patients in less time. Wait times are reduced. Patient safety also improves. Manufacturers have worked to develop machines that use lower doses of radiation while maintaining or enhancing the quality of images. However, with the number of aged equipment out there, injured workers may not experience the benefit of these advancements, including reduced exposure to radiation. It’s important to note that for imaging equipment already on the market, their life and usefulness can be extended with system upgrades. However, these upgrades often only provide incremental improvements. And over time, older equipment will experience incompatibilities, which make updates impractical, if not impossible.

RESULTS OF AGING EQUIPMENT Old equipment can lead to poor scans. Treating physicians may not have the information they need to diagnose and properly treat injured

MAY/JUNE 2019 | PUBLIC RISK

OUTDATED IMAGING EQUIPMENT

workers, or a bad scan could cause them to miss something in an injured worker’s condition. A treating physician may have expected to receive the results within 24 to 48 hours of ordering the scan. When a poor image is returned, the injured worker must be contacted to schedule another appointment. While handling coordination, a week may go by, delaying treatment and return to work. With older equipment, a lack of speed could also mean injured workers have to wait for tests. If they’re in the hospital, this could increase their stay. All of these factors contribute to increased medical and indemnity costs, not to mention disrupting the continuum of care, which could lead to less-than-optimal medical outcomes.

ADDRESSING THE CHALLENGE What’s needed is a thorough vetting process for diagnostic providers to ensure they have relatively new and up-to-date equipment that

is capable of producing quality scans. Today, a sophisticated ancillary service provider will work with claims adjusters and payers to schedule imaging services only within a network of quality imaging facilities. These facilities have undergone a rigorous credentialing process to ensure the practice and staff have the proper licensure, certifications, and insurance. An ancillary service provider also connects with other stakeholders. In this way, they can obtain feedback from adjusters, nurse case managers, and treating physicians about image quality. When a treating physician is unable to read a scan, they inform the ancillary service provider, so it can further investigate. If it’s an issue that could lead to ongoing quality concerns, the ancillary service provider will likely remove this facility from its network.

LEVERAGING CONTINUED INNOVATION

There’s an urgent need for imaging facilities to replace outdated equipment to nurture a patient-

centric approach to care. Aging technology— some of which dates back to the early ‘90s—is affecting the speed with which injured workers can be examined and diagnosed. As we’ve discussed in this article, newer equipment can improve the quality of images, patient safety and the efficiency of imaging facilities. Updating equipment is needed both immediately and on an ongoing basis. New business models—such as managed equipment services, renting and leasing—have emerged, which may enable facilities to more economically renew their technology. Still, the industry will need to keep careful track of which facilities have new, updated or antiquated equipment. A quality ancillary service provider can be a strategic partner in this effort, helping to assess facilities and ensure injured workers benefit from quality scans. Ted Smith is senior vice president of national sales at Priority Care Solutions, a division of Genex Services.

LEARN IN YOUR OWN TIME WITH

PRIMA PODCASTS! PRIMA’s Podcasts are a quick and convenient way to learn on-demand and on your own time! Meant to provide you with information on specific topics important to the public risk management sector and hot topics, PRIMA Podcasts are the perfect way to fit in education and training into your busy schedule.

Check www.primacentral.org for new Podcasts!

PUBLIC RISK | MAY/JUNE 2019

CURRENT PODCAST TOPICS INCLUDE: Comorbid Conditions The Aging Workforce

AND MORE!

ADVERTISER INDEX

Gallagher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 18 Munich Reinsurance America. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 11 Old Republic Insurance Group. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover One Beacon Government Risks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 15 Rimkus Consulting Group, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 19 States Self-Insurers Risk Retention Group, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Back Cover Travelers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Front Cover HAS YOUR ENTITY LAUNCHED A SUCCESSFUL PROGRAM? An innovative solution to a common problem? A money-saving idea that kept a program under-budget? Each month, Public Risk features articles from practitioners like you. Share your successes with your colleagues by writing for Public Risk magazine! For more information, or to submit an article, contact Teal Griffey at tgriffey@primacentral.org or 703.253.1262.

CALENDAR OF EVENTS PRIMA’s calendar of events is current at time of publication. For the most up-to-date schedule, visit www.primacentral.org.

PRIMA ANNUAL CONFERENCES June 9–12, 2019 PRIMA 2019 Annual Conference Orlando, FL • Gaylord Palms June 14–17, 2020 PRIMA 2020 Annual Conference Nashville, TN • Gaylord Opryland June 13–16, 2021 PRIMA 2021 Annual Conference Milwaukee, WI • Wisconsin Center June 5–8, 2022 PRIMA 2022 Annual Conference San Antonio, Texas • Henry B. Gonzalez Convention Center

PRIMA INSTITUTE October 21–25, 2019 San Diego, CA

Is the premier educational program for new risk managers as well as seasoned risk professionals who seek to learn more about emerging trends and best practices. PI 19 is an innovative educational symposium comprised of fundamental risk management curriculum, outstanding faculty and excellent networking opportunities.

BIG

IDEAS.

SMALL SETTING. October 21–25, 2019 • San Diego, California REGISTRATION OPENS IN JUNE!

ISO 31000 TRAINING November 13–14, 2019 New Orleans, LA

PRIMA WEBINARS May 15 • Fentanyl and the Safety of First Responders June 26 • Jail Operations: Evolving Changes and Risk Reduction July 17 • Cultivating a Safety Culture August 21 • Avoiding Liability: Early and Regular Communication with Your Legal Team September 25 • Steps to Developing a Risk Appetite Framework October 16 • Integrating ERM with the Strategic Planning Process November 20 • Improving Safety in Government by Changing Driving Behavior December 11 • What Your Attorney REALLY Wants from Risk Management

MAY/JUNE 2019 | PUBLIC RISK

AN INSIDER’S LOOK AT THE

2019 PRIMA ANNUAL CONFERENCE JOIN US IN ORLANDO, JUNE 9–12 BY TEAL GRIFFEY, MBA

HINK. SHARE. TRANSFORM is the theme of this year’s Annual Conference and reflects PRIMA’s commitment to delivering key content that will educate and inspire. This year’s Annual Conference offers more than 50 educational opportunities covering the latest trends and topics affecting public risk management today.

NEW SCHEDULE LINE UP

New to this year’s Annual Conference are Sunday afternoon Camp Fire Chats, extended trade show hours, a refreshed Awards Presentation & Reception, and Wednesday’s Keynote Lunch and Learn. Kick things off on Sunday with your choice of Camp Fire Chats, “Leadership and Motivation” or “Communicating and Measuring the Value of

PUBLIC RISK | MAY/JUNE 2019

Risk Management Roundtable,” before attending the Welcome Reception sponsored by Munich RE. Visit the Business Exchange Monday and Tuesday, during the trade show’s extended hours. Don’t miss Wednesday’s new Keynote Lunch and Learn, “Responding to Public Risk Management Emergencies,” which discusses hot topics such as natural disasters, active shooters in the workplace, and more, with a panel of speakers.

NETWORK WITH PUBLIC RISK COLLEAGUES

Monday’s newly formatted Awards Presentation & Reception will honor you and your colleagues for outstanding achievements in the public risk field. PRIMA’s signature social event will take place at the worldfamous House of Blues, where you can chat with friends and colleagues over a custom menu, with live entertainment provided by MoTown Madness. Wednesday morning, grab a friend and participate in PRIMA’s Fun Run/Walk before attending the day’s education sessions. Join us in Orlando for PRIMA’s Annual Conference, an unmissable event that provides education, networking, and fun!

MANAGEMENT

STRATEGY IS DIRECTLY SUPPORTED BY STATES’

SPECIALIZED COVERAGE FORM,

PERSONALIZED SERVICES AND PUBLIC ENTITY EXPERTISE.” DOUG STONE director of risk management city of springfield, missouri

states member-owner over

4 years

VISIT US AT PRIMA IN BOOTH 332

MEMBER-OWNER

“OUR OVERALL RISK

STATES OFFERS YOU: • A BROADLY INTERPRETED EXCESS LIABILITY COVERAGE FORM THAT IS SECOND TO NONE IN THE INDUSTRY. • PREMIUM STABILITY AND SOUND FINANCIAL RESULTS FOR OUR PARTNER MEMBERS – MEMBER PREMIUMS ARE INVESTMENTS IN THEIR OWN COMPANY. • EXCELLENT CLAIMS AND LOSS CONTROL SUPPORT, INCLUDING ON-SITE. • SPECIALIZED PUBLIC ENTITY-ORIENTED SERVICES FROM EXPERIENCED, SERVICE-DRIVEN PROFESSIONALS.

FOR INFORMATION CONTACT: STATES SELF-INSURERS RISK RETENTION GROUP, INC. AT 1-800-640-0345, EXTENSION 3310, OR VISIT OUR WEBSITE AT WWW.STATESRRG.COM

•

PPRR

•

EERR

PRIMA

20 AN

Specialized Offerings. Public Entity Expertise.

UPPOR SU DS RTT U U O

ON L1 C9 2A0

Old Republic Insurance Group offers a full suite of risk management and insurance solutions, and Third Party Administration (TPA) services, with specialized offerings and expertise to meet the unique needs of public sector clients.

BITCO Insurance Companies1 Old Republic Aerospace 2 Old Republic Specialty Insurance 3 PMA Companies3 Insurance contracts are underwritten and issued by: 1. BITCO General Insurance Corporation and BITCO National Insurance Company; 2. Old Republic Insurance Company; 3. Pennsylvania Manufacturers’ Association Insurance Company, Manufacturers Alliance Insurance Company, Pennsylvania Manufacturers Indemnity Company.

orgig.com