Transcript SOUTH DAKOTA ASSOCIATION OF COUNTY COMMISSIONERS

By
Brad Wilson, Marketing
Insurance Benefits, Inc.
Gary Drewes, Marketing
Hagan Benefits, Inc.
Dan Mostek, Loss Control
Safety Benefits, Inc.
It’s the
SDCL
LAW
62
Workers Compensation is regulated by
the Department of Labor
•Employees
•Elected & Appointed Officials
•Volunteers
SDCL 62-1-5.1 states that
Volunteers must be listed in
the entity’s official minutes
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Work-related injuries/illnesses
Doesn’t include mental injury arising
from emotional, mental or nonphysical
stress
Employment or employment related
activities must be a major contributing
cause
 Determined by SD DOL
When Does A Claim Need
To Be Reported?
Employee has 3 days to notify Employer
Employer has 7 days to notify Work Comp
Carrier
Insurer has 10 days to notify the Department of
Labor
This is according to South Dakota Codified Laws:
62-6-1 and 62-7-10 and 62-4-37
PLEASE REPORT ALL INCIDENTS
Intoxication
Illegal use of Drugs
Hope this looks
like an accident!
Self-inflicted Injury
WILLFUL Misconduct
(Horseplay)
Refusal to Use Safety
Equipment
Medical (no deductible)
Disability (2/3 of Salary)
2010-2011 Max. $630
Min. $315
Rehabilitation i.e.
Retraining or Education
Death Benefits - $10,000
funeral expenses
The pricing is developed from
YOUR payroll!
Each job description has a separate
rate. Example: Highway code is
5506 and the rate is $6.46 per $100
of payroll
A mechanism to measure YOUR
claims experience compared to all
other insureds.
Frequency
Severity
Experience Modifiers begin at a 1.00
Based on YOUR past 3 years of claims
experience your pricing will go up
with frequent or severe claims
or down with fewer claims
Class Description
Codes
Payroll
5506 Streets & Road
$100,000
7720 Law Enforcement $100,000
8810 Clerical
$100,000
Rate
$6.46
$3.31
$0.38
Contribution
$6,460
$3,310
$ 380
Total Contribution
Experience Modifier
$10,150
(BAD EXPERIENCE)
MODIFIED CONTRIBUTION
1.30
$13,195
Class Description
Codes
Payroll
5506 Streets & Roads
$100,000
7720 Law Enforcement $100,000
8810 Clerical
$100,000
Rate Contribution
$6.46
$3.31
$0.38
$6,460
$3,310
$ 380
Total Contribution
$10,150
Experience Modifier (GOOD EXPERIENCE)
0.70
MODIFIED CONTRIBUTION
$7,105
Contributions or Premiums are
Calculated on an estimated
Payroll amount.
At the end of the year, an “audit”
Is performed.
Employee’s Payroll is classified by the
employee’s job duties – NOT by Department
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Jail Employees – Code 7720
Clerical – Code 8810 – Incl. Dispatchers,
Hwy Dept Secretary & Commissioners
Assessor, Building Inspectors – Code 9410
Highway Workers – Code 5506
Miscellaneous Volunteers – Code 9015a
Volunteer vs. Paid Firefighter/EMT’s
1.
2.
3.
4.
Control – Must have flexibility in
performing job function
Responsibility of costs to perform the
job – supplies, equipment
NOT paid by payroll – an expensed item
Written Contract
Discuss these Contracts with your States Attorney.
Request: Certificates of Insurance
If you DO NOT have those
in your File, the cost of the
Contract must be Added to
YOUR Workers Compensation
Premium – in addition injuries
can be assessed to your WC.
Any volunteer worker rendering services in or for
any agency, department, institution, or instrumentality
of the state or of any of its political subdivisions,
including counties, townships, school districts, or
municipalities, whose services have been duly
recommended to the officer or appointed thereto
by such officers or governing body, shall for
purposes of this title be deemed an employee of
the state or the political subdivision, as the case
may be. The appointment shall be entered into the
official records or minutes of the entity.
“Children” under 16 – CANNOT RUN MOWERS
“Children” under 18 –
CANNOT RUN POWER DRIVEN EQUIP
SUCH AS POWER SAWS
CANNOT DRIVE VEHICLES OVER 6,000 LB
SUCH AS DUMP TRUCKS
CANNOT BE AN UNSUPERVISED
LIFEGAURD UNLESS RED CROSS
CERTIFIED – NEVER HANDLE CHEMICALS
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Reasonable accommodations
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Part-time work
Return the employee to pre-injury income
Expedites recovery – self-esteem
Improves Morale – injured
Employees & Co-workers!
Reduces Claim Costs thus Saves
the Employer money
For every 1 spent by workers’ compensation
an additional 4 to 6 (not covered by
insurance) is a COST TO YOU!
Examples:
 Time to file claims
 Overtime paid to get the job done
 Time to train replacement workers
 Morale issues with other employees
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Easy first point of contact for injured worker
Nurse will triage the injury
Reduces the time lag for reporting the injury
Gives the employer or medical provider a
contact number for authorizations
Increases communication between everyone
involved in the claims process
This will ultimately reduce the overall cost of
claims
85% of claims cost are caused by 15% of claims
SDML
Std Mkt
Renewal Credits
Yes
No
Loss Control Credits
Yes
No
Equity Credits
Yes
No
SDML
Std Mkt
Rates
Policy Fee
NONE
Yes
Taxes
Loss Control
NONE
FREE
Yes
NONE
Approximate Savings with SDML WC – 20%
368 Members
 65 of the 66 Counties
 44 Conservation Districts
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Dennis Falken
Brookings County
Alvin Fjeldheim
Campbell County
Bob Wilcox
SD Assoc of County
Commissioners
Francis Toscana, Chm
Lead-Deadwood
Sanitary District
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Jodi Friedel
City of Spearfish
Karl Alberts
City of Aberdeen
Mike Grosek
City of Webster
Stanton Fox
City of Watertown
Yvonne Taylor
SDML
Insurance Benefits, Inc.
Hagan Benefits, Inc.
Karen Ripperda, Administrator
Brad Wilson, Marketing
Gary Drewes, Marketing
Ladene Bachtell, Underwriter
Christa Lee, Underwriter
Jeff Pederson, Administrator
800-233-9073
877-273-1712
What is a Pool?
Risk-Sharing!!
• A group of similar exposures formed to
share losses.
• Authorized by the Joint Power Act.
• Owned, by the members – Governmental
Entities of the State of South Dakota
South Dakota Public
Assurance Alliance
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Gary Drewes, Marketing
Ladene Bachtell, Underwriting
Christa Lee, Underwriting
Jeff Pederson, Administration
Who is Covered??
County Employees
Elected & Appointed Officials
Volunteers
What is Covered???
Counties
Cities/Towns
Special Districts i.e.Townships/
Conservation Districts
SDPAA Lines of Coverage
General Liability
Public Officials Liability
Law Enforcement Liability
Auto Liability
Auto Physical Damage
Property Coverage
Boiler & Machinery
SDPAA Specialized Features
Employment Practices Liability – Included
 Civil Rights Violations - Included
Volunteers are Included as Employees
Blanket Property Limits
Replacement Cost
How much does the SDPAA Pool
Cost??
The pricing is developed from
YOUR budget, exposures,
equipment & property!
Liability rates have not changed since
1987 – thus a stable market!!
Does your Liability and Property
Claims Experience Matter?
Contributions can be
reduced with
Good Claims Experience
Jeff Jares, Claims Administrator
Member/Claim Involvement
Adjuster & Member
Discuss Settlement
The Best Interest of the
Member is Considered
Doug Kirkus, Loss Control Administrator
Property Surveys
Buildings valued correctly
New Buildings covered
Old Buildings deleted
What are YOUR Benefits of a
POOLING CONCEPT!
Stabilized Rates
No taxes and fees
Profits belong to the Members
Retention nearly 100%
SDPAA Board of Directors
• Ted Eggebraaten,
Brookings County
• Terry Weisenberg,
Lawrence County
• Mike Wiese,
Brown
County
• Dennis Olson, Chm.,
City of Brandon
• Tracy Turback,
City of Sioux Falls
• Mike Hall,
• City of Sioux Falls
• Jim Borszich,
• City of Huron
• Jeff Heinemeyer,
• City of Madison
• Jerry Krambeck,
City of Spearfish
ENDORSES
SDML WC Fund and the SDPAA
Dan Mostek
Safety Benefits, Inc.
(888) 313-0839
Introduction
 Doug Kirkus has been involved with providing safety
and loss control services for the Pools since 1995
 Today we have 7 staff working with Pool members
 Doug Kirkus
- Dan Carlson
 Dan Mostek
- Janet Sporrer
 Todd Everson
- Sue Kirkus
 Kelly Everson
Employment Practices Hotline
 SDPAA entities currently carrying Government
Officials Liability coverage can use service
 Questions that concern employment practices will be
taken
 Hiring, discipline, termination
 Questions concerning personnel policy and employee manuals
 SDPAA has contracted with 2 law firms with expertise
in employment law
Services Overview
 Member is entitled to 1 hour of free legal service for
each SEPARATE inquiry
 If more than 1 hour is needed, the Member may extend the use
of the service at their own expense
 When a call is accepted, Member entity becomes a
client of firm for purpose of call and attorney/client
privilege is activated
 Only information about call that is necessary for billing
purposes will be provided to SDPAA
How Does Service Work
 Contact SBI at (888) 313-0839
 You will be asked a series of questions
 Who is calling
 Your location
 Exact nature of the call
 Once approved, attorney from one of approved law
firms will return call and consult caller about inquiry
 Lisa Marso – East River
 Don Knudsen – West River
Voter Redistricting Hotline
 Works the same but deals with redistricting issues
 Counties have to complete redistricting by February of
2012
 SDPAA members are entitled to 2 hours of legal advice for
each situation
 Sara Frankenstein of Rapid City one of the Midwest’s leading legal
experts
 Counties that have larger minority populations and
Commissioners that are elected by Districts are really
going to be watched by ACLU
 To activate contact our office at (888) 313-0839
Law Enforcement Policy Project
 PATC developed model policies and procedures in 12 high
risk critical areas of law enforcement specifically for South
Dakota
 Have added several new policies since the initial project
 SDPAA funding updates for 3 years
 Entities receive 5% loss control credit on Police
Professional Liability coverage for signing participation
agreement
 PATC provides free monthly training webinars for SDPAA
members
 Free video training downloads will be able within the next
30 days
Jail Policy Project
 PATC has developed 31 model policies and
procedures specifically for SD jails in several high
risk areas
 Draft manual is completed and is now being reviewed
 Train-the-trainer classes sometime in May or June
 These will be available free to all jails covered by the
SPAA
On-Site Surveys
 By contract we visit each member once every 3 years
 Visit members with highest loss ratios more often
 Designed to assist members with safety and loss control
 Make written recommendations designed to make the
workplace as safe as possible for employees and reduce
your chances of being sued
 Loss Control Credits are given for cooperation and
responding to our recommendations
Property Valuations
 2008 - Completed on-site valuations for all SDPAA
members with Property Coverage
 Process of revisiting everyone started in 2009 and
will complete in 2012
 Important to do self-inspections of facilities
 Report any new additions or acquisitions to Hagan
Benefits
All Day Safety Training - MSHA
 Offer 35 classes that began on January 5th
 7 hours of training
 These classes qualify towards 8 hours of MSHA
Annual Refresher training requirements
 Most County Highway Departments have to comply
with MSHA
 MSHA compliance officers are busy
 2 SD counties fined last summer
Other On-Site Training Classes
 DDC
 EVOC – Police, Fire,
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Ambulance
Harassment Prevention for
Employees and Supervisors
Back Injury Prevention
Jail Suicide Prevention
Forklift Safety
Accident Investigation for
Supervisors
Bloodborne Pathogens
Safety Committees
Self-Inspections of Facilities
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PPE
Lockout/Tagout
Confined Space Entry
Coaching the CDL Operator
Ergonomics
Playground Equipment
Inspections
Trenching/Excavation Safety
Non-Violent Crisis Intervention
Public Officials Liability
Improving Performance
Appraisals
 Customer Service
ATV Safety Training
 New “hands-on” class being offered this year
 Free to Pool members
 Participants will be certified through the ATV Safety
Institute
 Encourage all ATV operators to attend this training
especially County Weed and Search and Rescue
employees
“Take Time for Safety”
 37 different training topics
 Includes Trainer Outline, Handout, Quiz, Answer
Sheet, Attendee Roster and Training Certificate
 Have added 8 new topics this year
 Available on CD or subscription service
DVD-Video Library
 Can be accessed through Pool websites and ordered
on-line
 www.sdmlwcfund.com
 www.sdpaa.org
 Have 100s of titles available
 Add new titles each year
On-Line Training
 Access through Pool websites
 www.sdpaa.org
 www.sdmlwcfund.com
 22 general courses
 4 supervisory level courses
 Free to Members
 Easy to navigate
Safety Awards
 Can qualify for 3 different levels
 Bronze, Silver and Gold
 Not competing against any other entity
 Just have to meet criteria for each level
 Platinum Level
 Combined Loss Ratio - < 60%
 Presented at annual Safety Award Luncheon sponsored by
the SDPAA and SDML WC Fund
 News release sent to local newspapers
 2010
 Bronze – 7; Silver – 7; Gold – 35; Platinum - 20
Annual Safety Conference
 Sponsored by the 2 Pools, Insurance Benefits, Claims
Associates and Safety Benefits
 Different safety and loss control topics are covered
 2011 Conference is at Cedar Shores – Oacoma on
November 16th & 17th
Essential Physical Job Functions
 You don’t want to hire someone that is physically
unable to do the job or has a pre-existing condition
 Cannot legally ask an applicant “how is your health?”
or “have you had previous work comp claims?”
 Can ask them if they can perform the essential
physical functions of the job
SDML WC Fund
 Has hired occupational health experts to develop these
and they have been validated
 Members can obtain a copy from us
 How can you tell if the applicant is being truthful?
 Pre-Employment/Post-Offer Physical
 Only has to be performed on the person you are offering the job to
and job offer can legally be withdrawn if can’t physically do the job
 Cheapest investment that you will ever make
 Also valuable in protecting the County when bringing back an
injured employee or an employee who has health issues
QUESTIONS??
Dan Mostek
Safety Benefits, Inc.