Risk Management Manual - City of Portland

City of Portland
Risk Management Manual
(Revised: 07/12/04)

RISK MANAGEMENT MANUAL
TABLE OF CONTENTS
SECTION I…. THE RISK DIVISION PAGE 3
Purpose …………………………………………………………………. Page 3
Philosophy ………………………………………………………………. Page 3
Mission statement........................................................................................ Page 3
Risk Division Staffing................................................................................. Page 4
SECTION II…. SAFETY & ACCIDENT PREVENTION (AR 41) PAGE 5
Safety and the Employee ………………………………………………… Page 5
Supervisors ………………………………………………………………. Page 5
Safety Committees ………………………………………………………. Page 5
Regulative bodies ………………………………………………………... Page 5
Technical Services ………………………………………………………. Page 5
Accident Review........................................................................................ Page 6
OSHA, Surveys & Loss Control................................................................. Page 6
Emergency Action Plans............................................................................. Page 7
SECTION III…. WORK RELATED INJURIES & REPORTING (AR 18) PAGE 8
Reporting Work Related Injuries................................................................ Page 8
Initial Treatment of Work Related Injuries................................................. Page 9
Provider List for Work Related Injuries ………………………………… Page 10
Reoccurrence and Follow- up Care ........................................................… Page 11
Lost Time Injuries & Payments …………………………………………. Page 11
Return to Work / Light Duty / Transitional Duty ……………………….. Page 12
Coming and Going Rule; WC…………………………………………………. Page 12
SECTION IV…. DRUG AND ALCOHOL USE AND TESTING (AR 19, 25, 32) PAGE 13
Drug and Alcohol Testing............................................................................. Page 13
Drug and Alcohol Use …………………………………………………….. Page 13
SECTION V…. LIABILITY REPORTING AND INVESTIGATIONS (AR19) PAGE 14
Reporting of Liability Incidents and Claims............................................... Page 14
Accidents Involving City Vehicles or Personal Vehicles for City Use …. Page 15
Subrogation (recovery of city losses) …………………………………… Page 16
Use of Vehicles (personal and city)………………………………………. Page 16
Use of Equipment and Tools…………………………………………….. Page 17
Coming and Going Rule; Liability ……………………………….……. Page 17
RISK MANAGEMENT MANUAL
TABLE OF CONTENTS
Revised 07/12/04 1

SECTION VI…. IDENTIFICATION OF RISK EXPOSURES PAGE 18
Property Risks …………………………………………………................. Page 18
Outside Contractors………………………………………………………. Page 18
Certificates of Insurance & Hold Harmless Agreements............................ Page 19
Leases ……………………………………………………………..……. Page 19
New Construction ……………………………………………………….. Page 19
New Operations (including acquisition of property) ……………………. Page 19
Developing Personnel Matters …………………………………………… Page 19
SECTION VII…. RETENTION, ELIMINATION, TRANSFER & INSURANCE PAGE 20
Risk Retention, Elimination, Transfer and Insurance.................................. Page 20
Benchmark & Feedback Reports …………………………………………. Page 20
SECTION VIII…. BUDGETING & LOSS FUNDING PAGE 21
Worker’s Compensation …………............................................................. Page 21
Liability (property & casualty)................................................................... Page 21
Summary ………………………………………………………………… Page 21
SECTION IX….ATTACHMENTS & LISTS PAGE 22
City of Portland Incident Report
List of Administrative Regulations
AR 18 Work Related Injury Management
AR 19 Use of Vehicles
AR 20 Reporting of Accidents involving City Vehicles or Personal Vehicles used for City Business
or Other Potential Claims
AR 25 Disciplinary Procedures
AR 32 Employee Assistance Program
AR 41 Safety and Accident Prevention
Revised 07/12/04 2

THE RISK DIVISION, SECTION I
Purpose
The Risk Division
This manual is an overview of the various programs, procedures and operations managed by, the
Risk Division of the Human Resources Department. It is intended to be used as a resource by all
department heads, managers, supervisors, employees and unions.
Every department and division in the City encounters numerous risk exposures and potential
losses. This manual is designed to assist you in recognizing those risks and determining what
action to take to avoid them, and minimizing those losses which may be unavoidable.
Risk Management Philosophy
The City of Portland believes that protection of the City’s assets, both human and physical, must
be a top priority. All levels of management must take responsibility for the protection and
preservation of our assets through continuous attention to safe and healthy working conditions;
early identification of potential sources of loss to our employees, property, residents and the
public at large. We strive to develop loss control practices and procedures to address these
exposures.
Following the example and encouragement of management, employees are expected to follow
safe work practices and actively participate in the identification of risk exposures. Employees
should be an integral part in the development of work practices, policies and programs drafted to
deal with the various risks affecting their workplace.
Mission Statement
The Risk Division is committed to providing a variety of risk reduction and prevention
programs and services, both proactive and reactive. We strive to balance these efforts to
promote a safe, healthy and productive workplace for our employees, minimize risk
exposures to the citizens and guests of the City, and to insure that all city assets are
protected or insulated against potential loss.
The Safety, Loss Control and Insurance programs and services provided by the Risk Division are
all designed to assist City departments in the management of the various risks. This manual
presents a brief overview of the programs and services outlined in the table of contents, their
purpose, and how to access and use them:
Revised 07/12/04 3

THE RISK DIVISION, SECTION I
Risk Division Staffing
The staff of the Risk Division is available to serve as a resource to assist City departments in
their safety and loss control efforts. They are also the key contacts with outside agencies that
deal with safety, health and loss control issues (see table of organization):
• Cressey A. Mollison, WC & Safety Program Manager........... Work 874-8622
Home 839-6670
Cell 653-3725
• Cheryl L. Main, Liability Program Manager.......................... Work. 874-8431
Home 854-8637
Cell 232-0898
• Jonathan Anderson, Safety & Training Officer……….……… Work 874-8608
Home 353-5710
Cell 233-7417
• Neil Jordan, Safety & Training Officer…………………….…. Work 756-8262
Home 828-4421
Cell 653-2261
• Christopher Winters, Executive Assistant……………………….….. 874-8635
• Kathy Vosmus, Risk Administrative Assistant……………………….. 874-8624
• Fax Number, Risk Division, Room 115, City Hall.............................. 874-8937
• Maine Municipal Assoc., Ann Willette, Lost-Time Claims………… 1-800-590-5583
• Maine Municipal Assoc., Gail Trask, Medical-Only Claims………… 1-800-590-5583
• Fax Number, MMA ………………………………………………….. 626-0513
• MMA 24 Hr. Emergency Answering Service….……………………. 626-3741
Revised 07/12/04 4

SAFETY & ACCIDENT PREVENTION, SECTION II
Safety & Accident Prevention
This section is supported by AR 41
Safety and the Employee: Technical safety and work procedures are established by each
department and necessary instruction will be provided. Employees who have questions about any
aspect of their job are encouraged to ask before proceeding. If employees have concerns about
safety or health conditions in their department and are unable to resolve them with their supervisor
they may use the Safety Committee and/or contact the appropriate departmental Safety & Training
Officer, or the WC & Safety Program Manager, Phone: 874-8622.
Supervisors: Managers, supervisors and foremen have direct responsibility to control and direct
operations with the safety and health of all employees in mind.
Safety Committees: Organized in the major departments, both as part of Administrative
Regulation (AR41), and as part of the bargaining agreements. The joint labor-management
committees are coordinated by either the WC & Safety Program Manager or the appropriate Safety
and Training Officer to actively identify and evaluate potential safety and health problems posed to
employees.
Regulative Bodies: Occupational Safety & Health Administration (O.S.H.A.) regulations are
administered by the State of Maine Bureau of Labor Standards. The City of Portland must meet
these requirements as a public sector employer. These rules, as well as accepted safe work practices
for the various occupations, are a foundation for carrying out the City's mission in a safe manner.
O.S.H.A. regulations require diligent effort on the part of the City’s management team and on the
part of employees, including the responsibility to observe and follow all safety procedures, use
protective equipment and report hazards.
Technical Services: The Risk Management Division, in coordination with the appropriate Safety
and Training Officer, provides the following services:
• Investigates employee and supervisor inquiries, concerns and complaints regarding safety and
health issues and works with management to resolve any safety or health problems;
• Conducts worksite visits and safety inspections of City property to evaluate safety and health
aspects of facility operations, and provides recommendations for control of hazards;
• Acts as a resource in the design and delivery of training to help employees work safely and assist
employees and their supervisors in carrying out their safety responsibilities;
• Consults with the departments on technical safety, health, industrial hygiene and loss prevention
topics.
• Reports to City administration regarding loss prevention and risk management issues.
Revised 07/12/04 5

SAFETY AND ACCIDENT PREVENTION, SECTION II
• Evaluates Workers' Compensation claims and injury reports, vehicle accidents and other
incidents, and recommends measures to prevent similar injuries or losses;
Accident Review
Various City departments have established an accident review procedure to allow for
investigation and review of safety and prevention issues surrounding accidents involving City
property. Accidents are investigated by the Safety & Training Officers or their designee with the
results of the investigation being forwarded to the Accident Review Committee. The Accident
Review Committees are comprised of Management and Union representatives.
The committees are chaired by the Safety & Training Officer with oversight responsibility
assigned to the Risk Division. The committee is charged with reviewing all accidents including
written testimony of employees and witnesses. The committee then issues written findings based
on the investigation and testimony and establishes whether an accident was preventable or nonpreventable.
The committee then will forward its findings to the appropriate Department Head
outlining the reasons for its findings and any appropriate recommendations for the prevention of
future similar accidents. These findings may also be forwarded to the appropriate Safety
Committee for review.
The Accident Review Committee does not make any recommendations regarding disciplinary
action resulting from its findings. It is the responsibility of the appropriate department personnel
to determine what, if any, disciplinary action will be taken.
OSHA, Surveys & Loss Control
There are a number of different types of inspections which the Risk Division coordinates.
(Note: Any time a department is requested by any party, other than a City employee, to
submit to an inspection, the Risk Division shall be notified immediately. The WC & Safety
Program Manager or Safety & Training Officer will be dispatched to accompany the
inspector. Also notify the Risk Division if any party appears to make inspections of City
facilities without authorization). Types of inspections will include:
• OSHA Inspections: The Maine Department of Labor (DOL), Bureau of Labor Standards,
Safety Division administers OSHA regulations for public sector agencies. If an OSHA
inspection should occur, a written report will be submitted by DOL to the City Manager. A
copy will be forwarded to the department(s) involved and will identify any recommendations
the inspector made for improved work-place safety; as well as any citations against the City
for failure to comply with OSHA rules and regulations; the amount of fines assessed. The
Risk Division responds to all OSHA/DOL recommendations on the Cities behalf, including
filing appeals to citations when appropriate.
• Safety and Prevention Surveys: As noted earlier under the section on Safety and Accident
Prevention, the Risk Division and the Safety & Training Officers will conduct in-house
surveys, inspections and worksite visits to evaluate safety and health aspects of our facilities
and operations. The full cooperation of department is needed and expected. The City’s
safety staff has an extensive background with OSHA compliance and loss prevention
Revised 07/12/04 6

SAFETY & ACCIDENT PREVENTION, SECTION II
techniques and is ready to assist departments in meeting their safety and prevention
responsibilities. Management’s active participation in this process in critical if the City is to
maintain a safe, healthy and productive workplace.
• Property & Loss Control (Insurance) Inspections: Maine Municipal Association’s Loss
Control Division inspects select City property on a rotating basis. These Inspections take
place periodically and are accompanied by the WC & Safety Program Manager. We also
recommend that an appropriate department representative participate in the process. The
purpose of these inspections is to assist the City with our loss control efforts and for MMA to
report to their insurance underwriters regarding insured properties. Following a property
insurance inspection, MMA will forward to the Risk Division an Action Plan listing loss
control recommendations. The Risk Division will contact the appropriate department head
responsible for responding to the action plan and it is the department head’s responsibility to
comply with the recommendations in these actions plans in a timely manner.
Emergency Action Plans
The City must establish Emergency Action Plans to be activated in the event of an emergency
that may threaten City buildings and workplaces. The Plan must be in writing for buildings
where more than 10 employees are housed, and must be communicated orally in buildings that
house less than 10 employees.
All City employees must be familiar with the Emergency Action Plan for their
building/workplace. In the event any Emergency Action Plan is activated and evacuation of a
building is initiated, all employees must leave the building.
Remember!
• Employees may not re-enter an evacuated building under any circumstances until
authorized by the Fire Department, Police Department or other authority to do so.
• No alarm is a false alarm until the Fire Department makes the determination.
Revised 07/12/04 7

WORK RELATED INJURIES & REPORTING, SECTION III
Work Related Injuries & Reporting
This section is supported by AR 18
We are hopeful that with an aggressive and continuously improving safety and incident
prevention program, work-related injuries will become a thing of the past. When work-related
injuries do occur, it is extremely important that they be reported promptly, and that all losses
related to a claim be clearly documented. All injuries resulting in bodily injury to City personnel,
including volunteer and workfare personnel, need to be reported, no mater how minor.
The City is self-insured for Workers Compensation. Prompt reporting of claims and potential
losses is critical to minimize lost time and recovery time for the employee, and to allow for a
thorough investigation into the cause of the accident.
All City departments have a Liaison to the Risk Division who is responsible for processing Work
Related Injury Reports.
The City has retained a Third Party Administrator (TPA) to process and manage all work-related
injury claims. Our TPA is Maine Municipal Association (MMA). The TPA administers
Workers Compensation claims in accordance with the State of Maine Workers’ Compensation
Act (M.R.S.A. Title 39).
Following is a brief synopsis to be followed when reporting a work-related injury.
Reporting Work-Related Injuries
Any employee sustaining an injury/illness or occupational disease, or an aggravation of an old
injury or illness “out of and in the course of employment” must report the injury immediately
to their supervisor and departmental WC Liaison, who will assist the employee in filling out the
Employee Injury Report Form. The report must be made promptly the next business day, or
within 24hrs. Employees will be referred to one of the Occupational Health Care Providers
participating with the city in their WC program.
Employees must complete:
• Employee Injury Report Form
• Extra Hazardous Duty Form (fire department only)
The Departmental WC Liaison must complete:
• Employer Supplemental Injury Report Form.
All completed forms and any other related information must be forwarded immediately to the
Risk Division, Human Resources Department to arrive ASAP and no later than 2 days after the
notice of injury to a supervisor or manager.
Revised 07/12/04 8

WORK RELATED INJURIES & REPORTING, SECTION III
When lost time is involved, forms must be faxed immediately on the date reported to the
Risk Division at 874-8937.
IT IS IMPERATIVE THAT THE SUPERVISOR OR WC LIAISON NOTIFY MAINE
MUNICIPAL ASSOCIATION AND THE RISK DIVISION IMMEDIATELY BY E-
MAIL, FAX OR PHONE WHEN AN EMPLOYEE IS GOING TO LOSE TIME AS A
RESULT OF A WORK-RELATED INJURY.
THE WORKERS’ COMPENSATION BOARD WILL IMPOSE A FINE OF $100 ON
EMPLOYERS WHO FAIL TO REPORT A LOST TIME CLAIM WITHIN 7 DAYS OF
BEING NOTIFIED BY THE EMPLOYEE. ANY FINES ASSESSED TO THE CITY
WILL BE CHARGED BACK TO THE DEPARTMENT RESPONSIBLE FOR THE
LATE FILING. THESE INJURIES SHOULD BE INVESTIGATED IMMEDIATELY.
ALSO, MMA AND THE RISK DIVISION MUST BE NOTIFIED IMMEDIATELY
WHEN THE EMPLOYEE RETURNS TO WORK. FAILURE TO DO THIS MAY
RESULT IN AN UNDERPAYMENT OR OVERPAYMENT OF WORKERS’
COMPENSATION BENEFITS.
Initial Treatment of Work-Related Injuries
If medical attention is necessary for a work-related injury, employees must contact the
Departmental WC Liaison. The WC Liaison will assist the employee in contacting or arranging an
appointment with the Cities Occupational Healthcare provider (see listing).
Mercy Hospital should be used when non life or limb threatening emergency medical services
are indicated. In cases where the injury is life or limb threatening, the employee will treat with
the emergency room chosen by EMS and notify the WC Manager as soon as possible following
treatment.
The Workers Compensation Act requires an injured employee to treat with an employer
preferred Occupational Health provider for the first ten days of initial treatment. If treatment is
sought with another provider after the ten day period, the City and MMA must be notified and
the treatment must be appropriate and necessary. (Note: Precertification is required for all
physical therapy and chiropractic care beyond 4 weeks, and any Magnetic Resonance
Imaging (MRI’s). Call MMA @ 1-800-590-5583).
Revised 07/12/04 9

WORK RELATED INJURIES & REPORTING, SECTION III
PROVIDER LIST FOR WORK-RELATED INJURIES
The following is a list of preferred Occupational Health providers for work-related injuries
(**U.S. Healthworks and Bayside Employee Health are to be used as primary providers):
• NON-EMERGENCY
Bayside Employee Health Center Providers: Hours:
323 Marginal Way Susan Upham, M.D. MON-FRI 8:00am - 5:00pm
Portland, ME 04101
Jane Glass, M.D.
Tel: 780-6631 Fax: 780-6320
Norman Rosenbaum M.D.
Contact: Jean
Ian Buchan, PA-C
U.S. Healthworks Providers: Hours:
55 Spring Street Alan Bean MD. MON-FRI 8:00am - 5:00pm
Scarborough, ME 04074
John Devine, DO
Tel.: 883-3988 Fax:883-2329
Shilo Hoefer, ANP
Contact: Debbie
Dave Hamel. PA-C
Occupational Health & Rehab. Inc. Providers: Hours:
1600 Congress Street Richard Maguire, MD MON-FRI 7:30am - 5:00pm
Portland ME 04106
Joseph Castorina, MD
Tel: 774-7751 Fax: 828-5140
Roberta Gerson, DO
Contact: Monica
Stephen Miller, PA-C
Dale Martin, FNP
• MINOR EMERGENCY OR OFF-HOURS NON-EMERGENCY
Mercy Express Care
Hours:
144 State Street SUN-SAT 10:30am – 10:00pm
Portland, ME 14101
Tel. 879-3265 Fax: 879-3109
EMERGENCY (Not life/limb threatening)
Mercy Hospital Emergency Dept. Hours:
144 State Street 24 Hour
Portland ME 04101
Tel. 879-3265 Fax: 879-3109
• LIFE/LIMB THREATENING INJURIES
Hospital of choice (according to EMS protocol)
The provider will treat the injury and advise the employee regarding any work restrictions or lost
time that may be necessary as a result. This information should be communicated to the Risk
Division by fax. The employee is responsible for providing his/her supervisor and department
WC Liaison with the written recommendations of the provider.
Revised 07/12/04 10

WORK RELATED INJURIES & REPORTING, SECTION III
Reoccurrence and Follow-up Care
All follow-up care or care resulting from a reoccurrence should be with the original
Occupational Health provider or as a result of a direct referral from the provider. Any requests
for treatment beyond the care recommended by a preferred provider will be subject to approval
from the City’s, TPA and/or the Risk Division. EMPLOYEES WHO INCUR TREATMENT
COSTS OUTSIDE OF THOSE RECOMMENDED BY A PREFERRED PROVIDER
WITHOUT PRIOR APPROVAL MAY BE RESPONSIBLE FOR THOSE COSTS.
ALSO, EMPLOYEES WHO DO NOT SHOW UP FOR APPOINTMENTS MAY BE
HELD RESPONSIBLE FOR ANY CHARGES INCURRED RESULTING FROM THE
MISSED APPOINTMENT.
Lost Time Injuries & Payments
Employees who suffer a work-related injury or illness and are unable to return to work in a
transitional or restricted capacity are entitled to wage compensation (indemnity) benefits under
the Maine Workers Compensation Act of 1992. Compensation for incapacity to work is not
indemnified for the first seven (7) days of incapacity except in cases where the incapacity
extends beyond Fourteen (14) days. The employee may use sick, vacation or comp. leave to
insure continued regular pay for the first seven (7) days.
(All Public Safety and Fire Dept. employees are subject to State Statute and union contracts
regarding exceptions to the seven day waiting period).
Wage compensation (indemnity) payments made following the waiting period are paid directly
to the employee by Maine Municipal Association, The City’s Third Party Administrator (TPA).
Any employee who receives an Indemnity Check and a City Payroll Check for the same pay
period should check with the payroll administrator immediately to rule out a duplicate
payment.
While receiving indemnity for a work-related injury, there will be an interruption in the
employee’s payroll deductions and contributions to the following:
• Maine State Retirement System (MSRS) Defined Benefit Plan
• ICMA RC 401(a) Defined Contribution Plan
• Income Protection Plan
• Direct Deposits to Bank Accounts and Loans
The employee should contact the departmental Principal Administrative Officer (PAO) or the
Human Resources Department to arrange for these payments to be continued while out of work,
or paid up following a return to work.
WORK RELATED INJURIES & REPORTING, SECTION III
Return to Work / Light Duty / Transitional Duty
Revised 07/12/04 11

It is the policy of the City of Portland to provide suitable return-to-work/ transitional work
opportunities for employees who have a work capacity, following a work-related injury or
illness. These transitional work assignments are designed to enable the employee to return to
work in a productive capacity, focusing on his or her abilities to work within the restrictions or
limitations prescribed by the medical practitioner.
Transitional Work Assignments and job restrictions are coordinated by the employee’s
supervisor, departmental WC Liaison and the WC Manager. Assignments are temporary in
accordance with labor contracts and Workers’ Compensation Law.
Each assignment requires active participation of all parties to insure that the employee’s abilities
are properly matched with the job requirements, thereby avoiding any further injury. Every
effort is made to find work similar to the employee’s pre-injury assignment but may on occasion
require working in another department. The return-to-work programs ultimate priority is to have
the employee return to their regular assignment in a safe and timely manner.
Any employee working a transitional work assignment or with restrictions must communicate
frequently with their supervisor, WC liaison, and the WC & Safety Manager regarding
worsening or improvement of their condition or changes in their prescribed restrictions.
Going and Coming Rule; WC
The coming and going rule under workers compensation applies to those employees who
are called into work during their non scheduled hours.
Due to the varied nature of call backs and departmental requests for employees to return to work
during non scheduled hours, any claim for injuries sustained during this commute will be dealt
with on an individual basis.
Some injuries related to travel may not fit squarely within the “going and coming” rule or within
any of the recognized exceptions. In such instances the City will examine the closeness of the
relationship between the injury and employment activities in determining whether to award
compensation.
Claims made under the “Going and Coming rule” will be checked against call logs within the
departments to verify that the employee was called to return to work.
The coming and going rule for employees who drive City vehicles home will be treated no
differently than the scenarios mentioned above. The daily commute places these employees with
city vehicles at no greater risk than the average person commuting to work. Therefore the daily
commute is not a work related activity.
Revised 07/12/04 12

DRUG & ALCOHOL USE AND TESTING, SECTION IV
DRUG & ALCOHOL USE AND TESTING
THIS SECTION IS SUPPORTED BY AR 19, 25 & 32
The City has a strong commitment to the health, safety and welfare of its employees, their
families, its customers, and the public at large. Therefore the City seeks to hire and employ
workers who are free of illegal and abused drugs and alcohol, and protect employees, their
families and the public from the adverse effects of alcohol and drug abuse.
Drug and Alcohol Testing
The City has established a Drug and Alcohol Testing Program to assure compliance with
mandated Federal and State laws and regulations regarding drug and alcohol testing of
employees in the workplace.
The City requires that employees selected for a position requiring a CDL undergo Drug and
Alcohol testing to detect the presence of drugs or alcohol in the body. Departments who have
positions requiring a CDL and thereby drug and alcohol testing are: Public Works, Parks and
Recreation, Transportation and Waterfront, and Public Buildings/Trades.
(CDL employees who fall under the Drug and Alcohol Testing Program will receive training
and a copy of the policy)
Drug and Alcohol Use
Although non-CDL employees are not subjected to federally mandated testing, no employee may
drive a City vehicle if impaired by illegal or prescription drugs, alcohol or other medications that
affect the operation of a vehicle.
Also, employees shall not engage in any transaction involving the acquisition of drugs or alcohol
for use, sale or to be provided to any other employee or other person while on duty, at work, or
“on-call.”
Studies indicate that the use and misuse of alcohol or drugs, whether prescribed or illegal,
impairs the ability of an employee to perform assigned duties, particularly those involved in
safety sensitive operations, and may endanger the employee, co-workers, the public, the City,
and public and private property. The City seeks to prevent all employees from using alcohol and
drugs when the use of such is illegal, or in any way endangers themselves or others.
The City also seeks to provide appropriate and reasonable assistance to employees whose use or
misuse impairs their ability to perform their duties through the cities Employee Assistance
Program.
Revised 07/12/04 13

LIABILITY REPORTING & INVESTIGATIONS, SECTION V
LIABILITY REPORTING & INVESTIGATION
THIS SECTION IS SUPPORTED BY AR 19 & 20
In addition to reporting work-related accidents that result in personal injury, all accidents
involving City personnel and/or property resulting in personal injury or property damage to any
person, whether or not employed by the City, must be reported immediately to the Risk Division.
Prompt reporting and response to incidents that may result in general liability or property losses
is critical to help maintain a favorable public image, reduce lost time for personnel and
equipment, and effectively manage the processing, defense and/or settlement of claims.
Reporting of Liability Incidents and Claims:
The following situations require an immediate and complete report be submitted to the Risk
Division:
• Any incident involving City property, equipment and/or personnel resulting in bodily injury
or property damage to another;
• Any incident resulting in damage to City-owned property, equipment, vehicles or personal
vehicles used for City business;
Reports should be submitted using the format provided by the Risk Division with the exception
of the Police Department who will follow their departmental procedures. The Liability
Program Manager or Safety Officer must be notified immediately by telephone in all cases
involving a disabled vehicle, serious personal injury or death. (If unable to make contact
with the departmental Safety Officer, the Risk Division must be notified directly).
The Risk Division Incident Investigation Team (IIT) will coordinate or conduct any
investigations into reported general liability incidents.
Once a report has been submitted, any and all inquiries into an incident will be referred to the
Risk Division at x8624. Employees involved in the incident and reporting process must refrain
from discussing the event with any party other than the Risk Division or City Legal Office. DO
NOT ANSWER ANY VERBAL OR WRITTEN INQUIRIES FROM ANY ATTORNEY,
INSURANCE ADJUSTER OR PRIVATE INVESTIGATOR.
All legal notices, summons, subpoenas etc. received by City personnel must be forwarded
immediately to the City Legal Office with a copy to the Risk Division.
The City will defend and indemnify any employee involved in an action against the City or the
employee acting as an agent of the City (defense and indemnification may be denied in cases
involving willful, wanton, reckless or unlawful acts). Legal counsel, when needed, will be
provided by the City and coordinated through the Risk Management office.
Revised 07/12/04 14

LIABILITY REPORTING & INVESTIGATIONS, SECTION V
All employees who are important to the defense of a case are expected to fully cooperate with
the City’s defense team, including appearing at all pre-trial and trial proceedings when needed.
Accidents Involving City Vehicles or Personal Vehicles used for City Business
The following procedures must be followed by an employee involved in an accident while
operating a City vehicle or private vehicle on City Business (this includes incidents where the
vehicle causes property damage such as a lawn or fence).
• A police officer must be called to the scene and a traffic accident report must be filled
out. It is the employee’s responsibility to inform the officer at the scene that he/she is a City
employee on City business. The employee should ask the police officer or their supervisor to
contact the Risk Division at extension 8624 to dispatch an investigator to the scene. If
possible, the vehicles should not be moved until photographs are taken and the City
Investigator and Police officer finish their investigations. This is necessary so that a third
party documents the extent of the damage. This must be done even if there appears to be
little or no damage.
• Employees must contact supervisor immediately. The supervisor will contact the
appropriate Risk Division Safety Officer (see Risk Staff, Page 3) with a brief description of
the situation. Employees of Public Works and Parks & Recreation should contact the Safety
Office through the public works communication center at x8460. Fire and Police personnel
should follow established department procedures.
• Employees involved in the accident must submit a brief written statement to the Risk
Division. Use the orange City of Portland Incident Report form provided by the Risk
Division (this statement is a part of the P&R and Public Works accident report filed with the
Safety Officer).
Important! At the accident scene, do not make any comments to the other party or parties
involved regarding fault. Often it takes a thorough and lengthy investigation to determine the
facts. DO NOT ANSWER ANY VERBAL OR WRITTEN INQUIRIES FROM ANY
ATTORNEY, INSURANCE ADJUSTER OR PRIVATE INVESTIGATOR. Any such
inquiries should be referred to the Risk Division.
If litigation results from an accident due to an employee performing regular duties while
operating a City or personal vehicle, provided the employee was not acting in a willful, wanton,
reckless or unlawful manner, the City will provide legal counsel, if needed, and indemnification
from any damages that may be assessed.
The city may also provide LIABILITY reimbursement REPORTING to & the INVESTIGATIONS, employee for portions SECTION of the damage to his/her
personal vehicle provided the accident occurred during the course of employment. The
employees insurance is primary and reimbursement by the City is as follows:
• Employees who have insurance will have their deductible reimbursed up to a maximum of
$500 (must show proof of insurance and deductible).
Revised 07/12/04 15

• Employees who carry only liability insurance are eligible to receive reimbursement in the
amount of the repair up to a maximum of $500.00.
The maximum reimbursement may be reduced or denied depending on the degree to which
driver error contributed to the accident. Determination will be made by the Risk Division based
on accident report provided by the Police Department.
The City Manager may hear appeals on claims not resolved by the Risk Division. The decision
of the City Manager is final and not arbitratable.
Subrogation (recovery of city losses)
Often during the course of City operations, City owned or maintained facilities and equipment
are damaged as a result of the negligent acts of others. It is the City’s policy to pursue recovery
of these types of losses through subrogation or other 3 rd party proceedings. Recovery should be
sought as soon as possible after the occurrence resulting in the loss.
It is the responsibility of various department managers to provide documentation of losses to the
Risk Division so that recovery efforts may be initiated. Any successful recoveries will be
credited to the General Fund.
Use of Vehicles (personal and city)
This article is supported by AR 19
The City owns a variety of vehicles operated by City employees for the purpose of carrying out
City business. Employees using City vehicles must be familiar with the City’s policy on the use
of City vehicles, Administrative Regulation No. 19. Also, many employees are required to use
their own vehicles while on City business. The following is a description of the types of vehicles
used for City business:
1. Personal Vehicle; used for city business: Personal vehicles used for daily or periodic city business.
Employees using their personal vehicle for city business are compensated through mileage
reimbursement. To receive the reimbursement the employee must submit the proper paperwork.
While on city business personal vehicles are not to be used to transport non-City employees or
clients.
2. City vehicle; no personal use – Vehicles assigned to employees to be used only for daily city
business during the workshift(s).
3. City vehicle; restricted personal use- Vehicles assigned to division heads, supervisors or specific
employees who have the job expectation of an emergency callback. This type of vehicle is to be used
only for City-related LIABILITY business and REPORTING may be taken & INVESTIGATION, home by the assigned SECTION employee, V but in such case, is
not to be used for any purpose other than call backs. These vehicles may not be used for the
employee's personal business, nor to transport non-City employees.
4. City vehicle; personal use – Vehicles which are typically assigned to department heads. These
vehicles carry a separate insurance for this type of use and may transport non-city employees and can
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e used for personal functions by the assigned employee. There are approximately nine (9) City
vehicles that have unlimited Personal Use permitted.
In all of the above categories, only City employees are allowed to drive assigned vehicles.
It is the City’s policy that personal vehicles while used for City business, and City owned
vehicles only be used to transport other City employees and/or individuals who need to be
transported as part of a City service or function (i.e. social service clients or contractors
working with various departments). Family and friends should not be transported by
employees driving a City owned vehicle or their own personal vehicle while on City time.
Exceptions to this policy may be made during emergency situations and with prior approval of
the appropriate Division or Department Head.
Use of Equipment and Tools
It is the City’s policy that equipment and tools owned by the City may not be loaned or
borrowed for personal use by anyone. City equipment and tools are for the express purpose of
doing City business.
This does not apply to equipment loaned or leased to others through a contractual relationship
approved by the legal department.
Going and Coming Rule; Liability
Due to the varied nature of call backs and departmental requests for employees to return to work
during non scheduled hours, any liability claim for damages sustained to an employee’s vehicle
during this commute will be dealt with on an individual basis.
Liability for damaged done during this commute must be investigated and the driver must be
found to have been operating in a prudent and responsible manner and have not been operating
their vehicle in violation of any statute outlined in Title 29-A (Maine Motor Vehicle Statutes). If
a claim is filed it must have occurred in the most direct route to the place of employment and
will not be covered in the event the employee deviates from that route for personal errands or
gain.
In such instances when a claim is filed, the liability manager will perform an investigation which
will include the review of all police reports and pertinent documents to determine if the City is
responsible for the claim.
Claims made under the “Going and Coming rule” will be checked against call logs within the
departments to verify that the employee was called to return to work.
IDENTIFICATION OF RISK EXPOSURES, SECTION VI
IDENTIFICATION OF RISK EXPOSURES:
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In addition to general liability exposures, it is critically important that the Risk Division and the
City Legal Department be aware of any potential risk exposures resulting from our ongoing
services and operations. An awareness of potential new risks related to property purchases
(including electronic equipment), contracts, leases, new construction, new operations, and
developing personnel matters (including potential harassment & civil rights matters) is essential.
Property Risks
It is the responsibility of each department head to notify the Risk Division at x8624 any of the
following changes affecting property under their supervision:
• Acquisition of a New Building or Property: These must be added to our listing to be
covered under our property and casualty insurance policy. Please notify Risk Management
immediately.
• Changes in Building Use: Any changes in the use or occupancy of City buildings must be
reported to the Risk Division.
• Building Demolition: The Risk Division must be notified upon the demolition of any City
structure.
• Changes in Electronic Equipment: These changes are tracked through MIS data. Any
major electronic equipment purchases (such as personal computers) must be listed with MIS
to be covered as insurable equipment.
• Property Losses: Any property losses resulting from fire, flooding, lightning or other perils
must be reported to the Risk Division immediately.
Outside Contractors
When conducting City business, it is often necessary to contract for various construction and
service activities to support City operations.
All Requests for Proposals (RFP’s) must be reviewed by the Budget Department and City Legal
Office prior to their release or execution.
When using these outside contractors, the City requires “certificates of insurance” be filed by the
company or individuals being contracted. These “certificates of insurance” should demonstrate
that the contractor carries workers’ compensation insurance and, where applicable under statute
or City policy, carries IDENTIFICATION general liability and OF RISK auto EXPOSURES, liability insurance SECTION within VI recommended limits.
The City Legal Office will be consulted regarding the proper limits and placement of insurance
for any given situation.
All contract language should include a hold harmless clause under which the contractor agrees to
indemnify and hold the City harmless for any claims arising out of the contractor’s or sub-
Revised 07/12/04 18

contractor’s negligence. The City Legal Office should review all contracts for proper hold
harmless language.
Certificates of Insurance and Hold Harmless Agreements
On occasion the City will be requested to provide a “certificate of insurance” or hold harmless
agreement to others. Departments should forward these requests to the Risk Division who will
provide “certificates of insurance or self-insurance” when appropriate. Requests for hold
harmless agreements must be reviewed by the City Legal Office to assure that the City does not
assume any unreasonable contractual liabilities.
Leases
When it is necessary for the City to lease property in order to provide services or support an
operation, we may be asked to waive the City’s subrogation rights. This means neither the City
nor our insurer can pursue the lessee for losses suffered by the City, related to the leased
property. Conversely, if the City is the lessee of property, and requires that it be insured by the
lessor, then the City should request that the lessor waive subrogation rights under the lease.
It is the responsibility of all department heads to insure that any lease agreements entered into by
their organizations are reviewed by the City Legal Office.
New Construction
New construction and additions to existing structures may require special “builder’s risk” or
other insurance while the project is ongoing. It is the responsibility of the project manager to
check with the Risk Division and the City Legal Office to assess the need for builders risk
insurance.
New Operations (including acquisition of property)
Departments may sometimes be placed in the position of starting up a new operation or service
never before provided by the City. The Risk Division and City Legal Office must be contacted
to allow for a review of any potential risks or loss exposures created the new endeavor.
Developing Personnel Matters
In the event that any situation develops where there is an allegation of, or potential for, a
discriminatory act, sexual harassment, workplace violence or other inappropriate behavior
involving City RETENTION, personnel, ELIMINATION, the Human TRANSFER Resources & INSURANCE, Department SECTION (Risk Division VII and Labor
Relations) and City Legal Office must all be notified immediately.
RETENTION, ELIMINATION, TRANSFER & INSURANCE
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Retention, Elimination, Transfer & Insurance
The City of Portland uses various techniques to manage the loss exposures related to running a
municipal government. They are Retention, Elimination, Transfer and Insurance. It is the
responsibility of the Risk Division to manage these techniques and programs using an aggressive
loss prevention approach, with the cooperation and assistance of the City management team.
The City is largely self-insured for both Workers Compensation and General Liability exposures.
Being self-insured means that the City has chosen to retain the cost of these risks rather than
purchase insurance in the marketplace. In most General Liability situations, the City’s exposure
is limited to $400,000 per occurrence by the Maine Tort Claims Act.
Occasionally we may choose to eliminate a risk all-together.
We may transfer risk or loss exposures in a variety of ways, some of which have been discussed
earlier. They include contracting out, release and hold harmless agreements, and subrogation.
When none of the above methods of loss control are feasible and our potential exposure warrants
it, the City will purchase insurance. We only purchase liability insurance for unusual limited
exposures such as out-of-state travel, and specific Jetport and Waterfront situations potentially
not protected by the Maine Tort Claims Act limits. The City does purchase Property and
Casualty Insurance to cover all City buildings & equipment, boilers and machinery; a crime
bond; and limited special auto policies. All insurance policies purchased by the City are
administered by the Maine Municipal Association.
Departments should never attempt to purchase any form of insurance without the permission and
assistance of the Risk Division and City Legal Office.
Benchmark & Feedback Reports
It would be impossible for us to judge our success or failure in managing the City’s risk
exposures without being able to measure the results of our efforts.
The Risk Division will provide a comprehensive and graphic year-end analysis of work-related
injuries, safety initiatives, and other factors affecting various City departments.
The City’s liability exposures are evaluated on a case by case basis by the Liability Program
Manager working closely with legal counsel. The City Manager is kept informed of all major
exposures through updates and the weekly report.
BUDGETING & LOSS FUNDING, SECTION VII
BUDGET AND LOSS FUNDING
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Workers Compensation
The cost of the City’s Self-Insurance program is funded through the General Fund with certain
associated expenses allocated back to appropriate Departments through General Fund
Chargeback’s and Workers Compensation Revenue Accounts.
The overall cost of administering workers compensation claims is charged back through revenue
accounts to each respective Enterprise Fund department on a cost per claim basis.
Enterprise Departments are responsible for the entire cost of their programs including terminated
and current employee indemnity, medical, legal and all other associated expenses. This includes
expenses associated with assessments paid to the Bureau of Insurance, State Workers
Compensation Board, Department of Labor Safety Fund, Self-Insurance Renewal Fees and other
costs.
General Fund Departments are charged back for indemnity (lost-time) costs associated with
current employees. General fund departments are not charged for costs associated with other
claim expenses such as, medical, legal, indemnity associated with terminated employees and
administration fees.
Liability (property & casualty)
Liability losses incurred by General Fund Departments and not covered by existing insurance
policies are subject to a $1,000 deductible per occurrence, paid by the department. The balance
will be paid by the City’s Self-Insurance program and administered by the Risk Division.
Covered losses include; Fire; Theft; Vandalism; and Auto. Losses related to poor maintenance
of, misuse of, or misplaced/lost property or equipment will be the sole responsibility of the
department involved.
Enterprise departments are charged in full for incurred liability/property losses.
SUMMARY
This Risk Management Manual is one resource that the Risk Division hopes will assist you in
understanding and managing the myriad of risk-related issues affecting the City of Portland. The
best way to reduce our exposure to losses is through active participation in safe work practices
and various prevention programs. This manual cannot begin to answer all questions relating to
Risk Management in detail. We hope it gives you an overview of the various areas where we
can assist Departments with their efforts to prevent accidents and injuries, and control costs.
Any related questions the reader may have can be directed to the Risk Management Division
where we will do everything in our power to assist you.
Revised 07/12/04 21

ATTACHEMENTS & LISTS, SECTION IX
ATTACHMENTS & LISTS
• City of Portland Incident Report
• List of Risk Related Administrative Regulations
• AR 18 Work Related Injury Management
• AR 19 Use of Vehicles
• AR 20 Reporting of Accidents involving City vehicles or Personal Vehicle used for
City Business or Other potential claims.
• AR 25 Disciplinary Procedures
• AR 32 Employee Assistance Program
• AR 41 Safety and Accident Prevention
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