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Maryland Tort Claims Act (MTCA). Immunity from Suit for UME VolunteersNegligence, Ordinary Care
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1. 1 This is the third section of a three part series on the University of Maryland Extension Volunteer Policy.
This is the third section of a three part series on the University of Maryland Extension Volunteer Policy.
2. Maryland Tort Claims Act (MTCA) Immunity from Suit for UME Volunteers
Negligence, Ordinary Care & Tort
Scope of Duties (Position Description)
Appointment & Training Procedures
Gross Negligence
Intentional Misconduct or Malice
Invasion of Privacy
Legal Representation 2 MD has special statutory protection for government units and its employees and volunteers. The immunity from suit and not simply immunity from liability for volunteers in State agencies is defined by the Maryland Tort Claims Act (MTCA). It protects volunteers to the same extent as State employees when negligence is defined as, “unintentional failure to exercise the care that a prudent or reasonable person usually exercises. It is doing something that a person using ordinary care would not do, or not doing something that a person using ordinary care would do.” Ordinary care is that “caution, attention or skill that a reasonable person would use under similar circumstances.” However, certain actions may remain outside the scope of that protection. A UME volunteer is a person who is providing a service to or for the State, who is not paid in whole or in part by the State, and satisfies all other requirements for designation as State personnel (UME volunteer) and is performing within the scope of his or her duties, may be protected by the MTCA. A tort is a wrong that harms an individual and can result from a particular action taken by the volunteer, whether or not intentional, or from a failure to act when there is duty to do so. Lawsuits by others seek to recover damages by the injured person. The volunteer and the UME may be held liable for the torts for which the State has waived its sovereign immunity. To qualify for protection the incident in question must have occurred with in the scope of the volunteer’s public duties and committed without malice or gross negligence. Scope of duties – includes all matters within the delegated or instructed authority of the volunteer most often defined by the position description and contract. Moreover, it specifically includes “any authorized use of a State-owned vehicle by State personnel.” “Basically, if the individual committed the alleged tort in the course of official State duties, then the State will defend the action and accept the liability, and the individual will be protected.” The Act does not protect individuals guilty of gross negligence, malicious acts, civil rights or criminal acts. Gross negligence is defined as: “as a higher or exaggerated degree of negligence, or more serious form or ordinary negligence as with a degree of carelessness greater than negligence but not rising to deliberate wrongdoing.” Malice is defined as “acting without probable cause or forming an improper motive, being influenced by hatred and spite and including deliberate and willful mischief or as acting with reckless disregard for the truth or using unnecessary abusive language. An improper motivation that implies evil intent, which may be inferred from the intentional commission of a wrongful act.” People have an interest in maintaining their privacy and this right to privacy as recognized in the state of Maryland. An individual may recover damages from another person including a volunteer for invasion of privacy. Be sure to use the UME privacy disclosure statement when collecting personal information, perceptions or opinions. The MTCA does not address the issue of court representation but separate statutory provisions deal with representation of State officers and employees for all types of suits. The Attorney General’s office policy is to interpret the MTCA and these statues in a parallel manner for volunteers. If a volunteer acts within the scope of authorized public duties and without malice or gross negligence, then he or she probably will be entitled to sovereign immunity in a tort action under MTCA and legal representation provided by the state. Criminal charges are sometimes brought that relate solely to the performance of public duties. If the charges do not produce an adverse decision, the individual may apply through the Attorney General’s office to the Board of Public works for reimbursement of legal fees and costs incurred in defending against the charges. (Gov. Off. on Vol. & the MD Council of Dir. of Vol. Serv., Volunteer Management in MD: Legal Liability & Insurance Issues, Baltimore, MD 1992)
MD has special statutory protection for government units and its employees and volunteers. The immunity from suit and not simply immunity from liability for volunteers in State agencies is defined by the Maryland Tort Claims Act (MTCA). It protects volunteers to the same extent as State employees when negligence is defined as, “unintentional failure to exercise the care that a prudent or reasonable person usually exercises. It is doing something that a person using ordinary care would not do, or not doing something that a person using ordinary care would do.” Ordinary care is that “caution, attention or skill that a reasonable person would use under similar circumstances.” However, certain actions may remain outside the scope of that protection. A UME volunteer is a person who is providing a service to or for the State, who is not paid in whole or in part by the State, and satisfies all other requirements for designation as State personnel (UME volunteer) and is performing within the scope of his or her duties, may be protected by the MTCA. A tort is a wrong that harms an individual and can result from a particular action taken by the volunteer, whether or not intentional, or from a failure to act when there is duty to do so. Lawsuits by others seek to recover damages by the injured person. The volunteer and the UME may be held liable for the torts for which the State has waived its sovereign immunity. To qualify for protection the incident in question must have occurred with in the scope of the volunteer’s public duties and committed without malice or gross negligence. Scope of duties – includes all matters within the delegated or instructed authority of the volunteer most often defined by the position description and contract. Moreover, it specifically includes “any authorized use of a State-owned vehicle by State personnel.” “Basically, if the individual committed the alleged tort in the course of official State duties, then the State will defend the action and accept the liability, and the individual will be protected.” The Act does not protect individuals guilty of gross negligence, malicious acts, civil rights or criminal acts. Gross negligence is defined as: “as a higher or exaggerated degree of negligence, or more serious form or ordinary negligence as with a degree of carelessness greater than negligence but not rising to deliberate wrongdoing.” Malice is defined as “acting without probable cause or forming an improper motive, being influenced by hatred and spite and including deliberate and willful mischief or as acting with reckless disregard for the truth or using unnecessary abusive language. An improper motivation that implies evil intent, which may be inferred from the intentional commission of a wrongful act.” People have an interest in maintaining their privacy and this right to privacy as recognized in the state of Maryland. An individual may recover damages from another person including a volunteer for invasion of privacy. Be sure to use the UME privacy disclosure statement when collecting personal information, perceptions or opinions. The MTCA does not address the issue of court representation but separate statutory provisions deal with representation of State officers and employees for all types of suits. The Attorney General’s office policy is to interpret the MTCA and these statues in a parallel manner for volunteers. If a volunteer acts within the scope of authorized public duties and without malice or gross negligence, then he or she probably will be entitled to sovereign immunity in a tort action under MTCA and legal representation provided by the state. Criminal charges are sometimes brought that relate solely to the performance of public duties. If the charges do not produce an adverse decision, the individual may apply through the Attorney General’s office to the Board of Public works for reimbursement of legal fees and costs incurred in defending against the charges. (Gov. Off. on Vol. & the MD Council of Dir. of Vol. Serv., Volunteer Management in MD: Legal Liability & Insurance Issues, Baltimore, MD 1992)
3. Universal Precautions What are Universal Precautions?
Precautions used when:
Providing first aid
Handling blood or bodily fluids
Intended to prevent transmission of:
Hepatitis
HIV infections
Other contagious diseases
3 Universal precautions apply to blood, other body fluids containing visible blood, semen, and vaginal secretions. Universal precautions also apply to tissues and to the following fluids: cerebrospinal, synovial, pleural, peritoneal, pericardial, and amniotic fluids. Universal precautions do not apply to feces, nasal secretions, sputum, sweat, tears, urine, and vomitus unless they contain visible blood. Universal precautions do not apply to saliva except when visibly contaminated with blood or in the dental setting where blood contamination of saliva is predictable.
Universal precautions apply to blood, other body fluids containing visible blood, semen, and vaginal secretions. Universal precautions also apply to tissues and to the following fluids: cerebrospinal, synovial, pleural, peritoneal, pericardial, and amniotic fluids. Universal precautions do not apply to feces, nasal secretions, sputum, sweat, tears, urine, and vomitus unless they contain visible blood. Universal precautions do not apply to saliva except when visibly contaminated with blood or in the dental setting where blood contamination of saliva is predictable.
4. Universal Precautions include: Personal protective barriers
Proper handling of protective barriers
Effective hand washing
Seeking medical attention when needed
Cleaning/disinfecting surfaces
Bleach and water at 1 to 10 strength
Using pick-ups for sharp objects 4 Using personal protective barriers when exposed to body fluids includes vinyl or latex gloves, disposable cloth towels, wads of gauze or paper towels. When removing protective gear correctly do not touch the contaminated side of the item. Dispose contaminated materials in biohazard container or labeled bags. Gloves should never be re-used. Washing hands and contaminated areas with soap and water immediately after exposure is a best practice procedure when exposed. All persons should seek medical attention for any significant exposure to blood of another person. An incident report should be file with the University of Maryland through the county extension faculty. Records are to be maintained according to OSHA standards. Cleaning surfaces and or solid objects contaminated with blood or salvia should be thoroughly washed with soap and water and disinfected with a 30 second contact of household bleach diluted with water at a strength of 1:10 (National Safety Council, 1997). Allow to air dry or wipe with a disposable cloth. This solution has a 24-hour shelf life and must be mixed fresh daily. Unlike HIV virus, the hepatitis virus can survive at least a week in dried blood. To pick up sharp objects such as broken glass use a broom and dustpan, tweezers or other object. Dispose of the sharp objects in a solid container such as a detergent bottle or coffee can with a biohazard label not a plastic bag.
Using personal protective barriers when exposed to body fluids includes vinyl or latex gloves, disposable cloth towels, wads of gauze or paper towels. When removing protective gear correctly do not touch the contaminated side of the item. Dispose contaminated materials in biohazard container or labeled bags. Gloves should never be re-used. Washing hands and contaminated areas with soap and water immediately after exposure is a best practice procedure when exposed. All persons should seek medical attention for any significant exposure to blood of another person. An incident report should be file with the University of Maryland through the county extension faculty. Records are to be maintained according to OSHA standards. Cleaning surfaces and or solid objects contaminated with blood or salvia should be thoroughly washed with soap and water and disinfected with a 30 second contact of household bleach diluted with water at a strength of 1:10 (National Safety Council, 1997). Allow to air dry or wipe with a disposable cloth. This solution has a 24-hour shelf life and must be mixed fresh daily. Unlike HIV virus, the hepatitis virus can survive at least a week in dried blood. To pick up sharp objects such as broken glass use a broom and dustpan, tweezers or other object. Dispose of the sharp objects in a solid container such as a detergent bottle or coffee can with a biohazard label not a plastic bag.
5. Other Precautions to Consider Do not share personal items
Store personal items in separate areas
Participants attend to their own first aid needs and dispose of their own waste
Wear gloves to dispose of personal litter
First Aid and Spill kits
Keep copies of members Health Forms in a secure location that can be easily accessible in an emergency situation
5 Participants should not share items that could transmit disease. This includes but not limited to any item that has had contact with somebody’s mouth or salvia, such as glasses, soda cans, straws, pencils, pens, towels, chap stick, etc. Do not mix coats, hats, gloves and other personal belongings into common piles. Participants should throw their own tissues, band-aids, eating utensils, dirty towels and other items contaminated by salvia and blood in designated containers. Allow participants to attend to their own first aid needs as much as possible including washing with soap and water, applying direct pressure and bandages. For a nosebleed have the person: tip head forward, pinch the nose and hold tissue under the nostril. When disposing of others personal waste use gloves. If gloves are not available use a barrier such as a wad of towels or a plastic bag between the litter and one’s hands. A first aid kit and spill kit includes gloves, gauze, bandages, small jar of bleach, empty spray container, disposal containers and stickers, liquid sanitizer or soap.
Participants should not share items that could transmit disease. This includes but not limited to any item that has had contact with somebody’s mouth or salvia, such as glasses, soda cans, straws, pencils, pens, towels, chap stick, etc. Do not mix coats, hats, gloves and other personal belongings into common piles. Participants should throw their own tissues, band-aids, eating utensils, dirty towels and other items contaminated by salvia and blood in designated containers. Allow participants to attend to their own first aid needs as much as possible including washing with soap and water, applying direct pressure and bandages. For a nosebleed have the person: tip head forward, pinch the nose and hold tissue under the nostril. When disposing of others personal waste use gloves. If gloves are not available use a barrier such as a wad of towels or a plastic bag between the litter and one’s hands. A first aid kit and spill kit includes gloves, gauze, bandages, small jar of bleach, empty spray container, disposal containers and stickers, liquid sanitizer or soap.
6. Websites for Additional Information: Recommendations for Prevention of HIV Transmission in Health-Care Settings
www.cdc.gov/mmwr/preview/mmwrhtml/00023587.htm
Perspectives in Disease Prevention and Health Promotion Update: Universal Precautions for Prevention of Transmission of Human Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne Pathogens in Health-Care Settings
www.cdc.gov/mmwr/preview/mmwrhtml/00000039.htm
Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers
http://wonder.cdc.gov/wonder/prevguid/p0000114/p0000114.asp 6
7. HIV & AIDS No Mandatory Testing
Confidentiality
Universal Precautions
Treatment Protocol
No University Services for Volunteers
Reporting Requirement
7 This policy was approved by the president of the University of Maryland College Park in 1991. Based on current knowledge, HIV & AIDS does not pose a direct or indirect risk through casual contact. “The University views this illness as a serious social and personal tragedy, and seeks to address all ramifications of this policy with sensitivity toward all who may be involved or affected.” The University does not require HIV testing for employees or students. All health records related to HIV will be kept confidential and only provided on a “Need to Know” basis. Universal precautions should be taken to avoid contact with blood and other bodily fluids including the use of gloves, protective eyewear or face shields as needed. A treatment protocol will be used to determine appropriate action, including baseline testing, following a possible HIV exposure. Volunteers are directed to access local community resources for testing and treatment as this services are not available to volunteers. Report any possible HIV contact to the appropriate Extension Educator immediately. A UME incident report will be completed and processed.
This policy was approved by the president of the University of Maryland College Park in 1991. Based on current knowledge, HIV & AIDS does not pose a direct or indirect risk through casual contact. “The University views this illness as a serious social and personal tragedy, and seeks to address all ramifications of this policy with sensitivity toward all who may be involved or affected.” The University does not require HIV testing for employees or students. All health records related to HIV will be kept confidential and only provided on a “Need to Know” basis. Universal precautions should be taken to avoid contact with blood and other bodily fluids including the use of gloves, protective eyewear or face shields as needed. A treatment protocol will be used to determine appropriate action, including baseline testing, following a possible HIV exposure. Volunteers are directed to access local community resources for testing and treatment as this services are not available to volunteers. Report any possible HIV contact to the appropriate Extension Educator immediately. A UME incident report will be completed and processed.
8. Drug & Alcohol Abuse Prohibited on University property & at activities
Rules & Standards of Conduct
Capable of performing duties
Employees and volunteers are prohibited from:
Abusing alcohol or drugs
Controlled substances offenses
Alcohol driving offense
Working and volunteering under the influence
Law Enforcement Agency Investigation
Disciplinary Sanctions 8 The abuse of drugs and alcohol is prohibited on University property and as a part of University activities. The University has established Rules and Standards of Conduct that include a requirement that all employees in the workplace must be capable of work. UME volunteers are also included under this policy. Employees and volunteers are prohibited from abusing alcohol or drugs; committing a controlled dangerous substance offense; committing an alcohol driving offense; working under the influence of alcohol, prescription drugs or over-the-counter drugs; or working/volunteering under the influence of a controlled dangerous substance. If the University suspects an employee or volunteer has committed an drug or alcohol offense, the matter will be referred to the appropriate law enforcement authority for further investigation and prosecution. Disciplinary action may include sanctions up to and including termination. Successful participation in a drug abuse assistance or rehabilitation program may be required for continued employment or volunteering.The abuse of drugs and alcohol is prohibited on University property and as a part of University activities. The University has established Rules and Standards of Conduct that include a requirement that all employees in the workplace must be capable of work. UME volunteers are also included under this policy. Employees and volunteers are prohibited from abusing alcohol or drugs; committing a controlled dangerous substance offense; committing an alcohol driving offense; working under the influence of alcohol, prescription drugs or over-the-counter drugs; or working/volunteering under the influence of a controlled dangerous substance. If the University suspects an employee or volunteer has committed an drug or alcohol offense, the matter will be referred to the appropriate law enforcement authority for further investigation and prosecution. Disciplinary action may include sanctions up to and including termination. Successful participation in a drug abuse assistance or rehabilitation program may be required for continued employment or volunteering.
9. Smoking Policy Federal & State Guidelines
Smoke-Free Environment
Prohibited in indoor locations
Prohibited outside within 15 feet of …
Building Entrance
Air Intake Duct
Window 9 This University Policy was approved in 1993 and amended in 2001. The policy follows all federal, state and local laws regarding smoking. Smoking is not permitted indoors. Smoking is prohibited within 15 fee of building entrances, air intake ducts and windows where University or UME activities are occurring. This policy relies on the thoughtfulness, consideration, and cooperation of smokers and non-smokers for its success.
This University Policy was approved in 1993 and amended in 2001. The policy follows all federal, state and local laws regarding smoking. Smoking is not permitted indoors. Smoking is prohibited within 15 fee of building entrances, air intake ducts and windows where University or UME activities are occurring. This policy relies on the thoughtfulness, consideration, and cooperation of smokers and non-smokers for its success.
10. Child Protection & Abuse Maryland Code
Report suspected abuse or neglect to …
Local Department of Social Services
Local Law Enforcement Agency
Educators and volunteers must report within 48 hours
10 The Code of Maryland Regulations, Section 07.02.07 requires the reporting child abuse or neglect. An individual shall immediately report suspected child abuse or neglect to the local department of health and human services, or report the suspected incident to a local law enforcement agency. A higher standard of reporting is required of health practitioners, educators, human service workers, and police officers who are required to report both orally and in writing, any suspected child abuse or neglect, with oral report being made immediately and the written report being made with 48 hours of the contact which disclosed the suspected abuse or neglect. For the purpose of this policy, UME Volunteers are considered educators.
Refer to UME Policy Handbook for handouts and discussion for: “UME Procedure When Child Abuse is Suspected”, “A Guide to Positive Youth Development” and “Maryland’s Law.”
The Code of Maryland Regulations, Section 07.02.07 requires the reporting child abuse or neglect. An individual shall immediately report suspected child abuse or neglect to the local department of health and human services, or report the suspected incident to a local law enforcement agency. A higher standard of reporting is required of health practitioners, educators, human service workers, and police officers who are required to report both orally and in writing, any suspected child abuse or neglect, with oral report being made immediately and the written report being made with 48 hours of the contact which disclosed the suspected abuse or neglect. For the purpose of this policy, UME Volunteers are considered educators.
Refer to UME Policy Handbook for handouts and discussion for: “UME Procedure When Child Abuse is Suspected”, “A Guide to Positive Youth Development” and “Maryland’s Law.”
11. Sexual Harassment Unwelcome Sexual Advances
Unwelcome Sexual Requests
Other Unwelcome Sexual Behavior
Informal Complaint
Formal Complaint
11 Sexual Harassment is prohibited by University policy. Sexual harassment may also violate criminal and civil laws of the State of Maryland and the United States. Sexual Harassment includes any unwelcome sexual advances; requests for sexual favors and other behavior of a sexual nature that may relate to employment, participation in educational programs, interfere with academic or work performance or create an intimidate, hostile or offensive environment. Informal complaints can be made to any University official or faculty member including a supervisor, department chair or dean. Sexual harassment is a type of sex discrimination. Sexual harassment may also be non-sexual conduct which singles out a person for harassment because of gender. Formal complaints by or about UME Volunteers may be reported to any University official should be filed with the Dean of the College of Agriculture and Natural Resources. The recipient of the complaint is required to contact the President’s legal office. The legal office is responsible for ensuring that the complainant is advised about his or her options, and that appropriate action is taken to resolve the complaint.
Show Video and Handbook for Volunteers working with youth, “Sexual Harassment: It’s Hurting People.” Sunburst – 1-800-431-1934. Video located at UMES and UMCP. Call for copy to be sent to your location.
Sexual Harassment is prohibited by University policy. Sexual harassment may also violate criminal and civil laws of the State of Maryland and the United States. Sexual Harassment includes any unwelcome sexual advances; requests for sexual favors and other behavior of a sexual nature that may relate to employment, participation in educational programs, interfere with academic or work performance or create an intimidate, hostile or offensive environment. Informal complaints can be made to any University official or faculty member including a supervisor, department chair or dean. Sexual harassment is a type of sex discrimination. Sexual harassment may also be non-sexual conduct which singles out a person for harassment because of gender. Formal complaints by or about UME Volunteers may be reported to any University official should be filed with the Dean of the College of Agriculture and Natural Resources. The recipient of the complaint is required to contact the President’s legal office. The legal office is responsible for ensuring that the complainant is advised about his or her options, and that appropriate action is taken to resolve the complaint.
Show Video and Handbook for Volunteers working with youth, “Sexual Harassment: It’s Hurting People.” Sunburst – 1-800-431-1934. Video located at UMES and UMCP. Call for copy to be sent to your location.
12. Affirmative Action Open to All
Without regard to …
All Reasonable Efforts
Record Keeping
12 University of Maryland Extension’s commitment is to nondiscriminatory practices and to the public’s rights to receive the benefits of AGNR, AES, and UME programs and services.
UME communicates their dedication to equal opportunity and access to programs and facilities without regard to race, color, gender, national origin, sexual orientation, age, marital or parental status, or disability.
Implementation
AGNR, AES, and UME faculty, staff and volunteers must ensure that the appropriate civil rights media statements and instructions on how to request accommodation appear on publications, advertisements, and other communications notifying the public of programs and services. “University of Maryland Extension programs are open to all citizens without regard to race, color, gender, disability, religion, age, sexual orientation, marital or parental status, or national origin.” should appear on 4-H club program and extension program fliers. You will work with the local extension professional in keeping records to show your program is open to all and that all reasonable efforts have been extended to the community in regards to the extension program.
University of Maryland Extension’s commitment is to nondiscriminatory practices and to the public’s rights to receive the benefits of AGNR, AES, and UME programs and services.
UME communicates their dedication to equal opportunity and access to programs and facilities without regard to race, color, gender, national origin, sexual orientation, age, marital or parental status, or disability.
Implementation
AGNR, AES, and UME faculty, staff and volunteers must ensure that the appropriate civil rights media statements and instructions on how to request accommodation appear on publications, advertisements, and other communications notifying the public of programs and services. “University of Maryland Extension programs are open to all citizens without regard to race, color, gender, disability, religion, age, sexual orientation, marital or parental status, or national origin.” should appear on 4-H club program and extension program fliers. You will work with the local extension professional in keeping records to show your program is open to all and that all reasonable efforts have been extended to the community in regards to the extension program.
13. Americans with Disabilities Act Accessibility Issues
Visual & Hearing Impairments
Advanced Notification
Reasonable Accommodations 13 Media statements inform the public of our commitment to nondiscriminatory practices and to their rights to receive the benefits of AGNR, AES, and UME programs and services. To use media statements to inform citizens of the accessibility of our programs, events, and services as required by the following regulation and laws:
· Title VI of the Civil Rights Act of 1964
· Americans with Disabilities Act of 1990
· Code of Federal Regulations Title 7 Part 15-d "Nondiscrimination in Programs or Activities Conducted by the USDA"
· Executive Order 13160 of June 23, 2000
· Maryland Anti-Discrimination Act of 2001
· University of Maryland Policy of Non-Discrimination on the Basis of Sexual Orientation
· University of Maryland Human Relations Code
The Maryland 4-H program is committed to inclusion. No 4-H UME volunteer or youth is excluded or denied the benefits of 4-H programs solely by reason of his or her handicap. In addition, Maryland 4-H understands many youth and volunteers have special needs. We are committed to considering reasonable accommodations and alternatives in the 4-H program’s policies and procedures to provide children and volunteers with safe and successful experiences when notified about specials needs of the individual participant within a reasonable period of time before the program, event or activity. Such accommodations could involve restructuring the event, modifying rules, adjusting regulations, and providing readers or interpreters. The UME endorses and recommends this statement to be placed on entry forms, registrations, marketing materials, fair rules, and other forms to be used in programming.
"If You Need Special Assistance to Participate in the _______________________________________________(Meeting/Program), Please Contact_________________________________ (Name, Agency/Office) at _______________________(Telephone Number) by ____________ (Date)."
After receiving a request for assistance the local and or state UME office should forward the special needs information form to the individual. Be sure to provide enough time to accommodate the disability and or consider the special need request.
UME uses the Maryland Relay system 1-800-552-7724 for customer service (http:www.mdrelay.org). 7-1-1 in Maryland and 1-800-735-2258 from anywhere.
Media statements inform the public of our commitment to nondiscriminatory practices and to their rights to receive the benefits of AGNR, AES, and UME programs and services. To use media statements to inform citizens of the accessibility of our programs, events, and services as required by the following regulation and laws:
· Title VI of the Civil Rights Act of 1964
· Americans with Disabilities Act of 1990
· Code of Federal Regulations Title 7 Part 15-d "Nondiscrimination in Programs or Activities Conducted by the USDA"
· Executive Order 13160 of June 23, 2000
· Maryland Anti-Discrimination Act of 2001
· University of Maryland Policy of Non-Discrimination on the Basis of Sexual Orientation
· University of Maryland Human Relations Code
The Maryland 4-H program is committed to inclusion. No 4-H UME volunteer or youth is excluded or denied the benefits of 4-H programs solely by reason of his or her handicap. In addition, Maryland 4-H understands many youth and volunteers have special needs. We are committed to considering reasonable accommodations and alternatives in the 4-H program’s policies and procedures to provide children and volunteers with safe and successful experiences when notified about specials needs of the individual participant within a reasonable period of time before the program, event or activity. Such accommodations could involve restructuring the event, modifying rules, adjusting regulations, and providing readers or interpreters. The UME endorses and recommends this statement to be placed on entry forms, registrations, marketing materials, fair rules, and other forms to be used in programming.
"If You Need Special Assistance to Participate in the _______________________________________________(Meeting/Program), Please Contact_________________________________ (Name, Agency/Office) at _______________________(Telephone Number) by ____________ (Date)."
After receiving a request for assistance the local and or state UME office should forward the special needs information form to the individual. Be sure to provide enough time to accommodate the disability and or consider the special need request.
UME uses the Maryland Relay system 1-800-552-7724 for customer service (http:www.mdrelay.org). 7-1-1 in Maryland and 1-800-735-2258 from anywhere.
14. Risk Management Procedures What is Risk Management?
Goals
Overview of the Process
Identify the Risk
Measure the Risk
14 Risk Management is the discipline within the management process dealing with the exposures to financial loss not offset by the opportunity for possible financial gain. Volunteer activities bring potential losses with the potential benefits and should be managed with attention to risk. The goal of risk management is to forecast and protect the organization against accidental loss that significantly affects its budget or ability to fulfill its responsibilities. Risk management attempts to prevent losses and create a plan on how to respond when a loss does occur. Through systematically assessing and identifying risks, UME can protect the organization’s assets as well as volunteers, clients and employees against loss. Risk management programs: prevents or minimizes accidents, decreases risks to participants, volunteers and employees, and to reduces or eliminates the uncertainty that comes with operating a volunteer program. Risks can be identified through program evaluations, questionnaires, surveys, checklists and statistics. Some questions to ask include: What is the likelihood of an injury or claim?, What is the risk to the volunteer and participants?, What are some risk control methods and procedures and costs?, Is accident or liability insurance necessary?, Does the MTCA cover the volunteer as he or she performs the program?, What events and activities increase your risks?, What activities have given rise to a loss or claim?, What can I do to minimize the risk?, Who reviews contracts?, Who provides insurance certificates for the organization? Risks are most often measured by attaching dollar figures to the potential loss and cost to prevent loss versus the benefit to providing the program or service. But risk can also include loss in the form of an organization’s creditability, potential to complete its mission, and other intrinsic factors.
Risk Management is the discipline within the management process dealing with the exposures to financial loss not offset by the opportunity for possible financial gain. Volunteer activities bring potential losses with the potential benefits and should be managed with attention to risk. The goal of risk management is to forecast and protect the organization against accidental loss that significantly affects its budget or ability to fulfill its responsibilities. Risk management attempts to prevent losses and create a plan on how to respond when a loss does occur. Through systematically assessing and identifying risks, UME can protect the organization’s assets as well as volunteers, clients and employees against loss. Risk management programs: prevents or minimizes accidents, decreases risks to participants, volunteers and employees, and to reduces or eliminates the uncertainty that comes with operating a volunteer program. Risks can be identified through program evaluations, questionnaires, surveys, checklists and statistics. Some questions to ask include: What is the likelihood of an injury or claim?, What is the risk to the volunteer and participants?, What are some risk control methods and procedures and costs?, Is accident or liability insurance necessary?, Does the MTCA cover the volunteer as he or she performs the program?, What events and activities increase your risks?, What activities have given rise to a loss or claim?, What can I do to minimize the risk?, Who reviews contracts?, Who provides insurance certificates for the organization? Risks are most often measured by attaching dollar figures to the potential loss and cost to prevent loss versus the benefit to providing the program or service. But risk can also include loss in the form of an organization’s creditability, potential to complete its mission, and other intrinsic factors.
15. Risk Management (continued) Controlling or Financing Risk
Avoid, Eliminate or Reduce Risk
Transfer Risk Control to Others
Retain the Risk
Transfer Financial Responsibility to Others
Insure the Risk
Manage Claims and Losses
UME Incident and Accident Reports
Monitor and Make Changes
15 There are many ways to control or finance risk. A program or activity may be cancelled when the risk is perceived as greater then the benefit such as canceling due to bad weather or volunteers chaperoning youth overseas without parents. Risk is reduced through the implementation of safety standards and processes. UME or the government may require safety equipment in order to perform certain programs such as helmets for 4-H youth and adults riding horses, motorcycle helmets, protective mask when spraying, etc. You may conduct a safety review before starting the program or identify the escape procedure if there is an emergency such as a fire. With UME this also includes the UME volunteer policy and training, 4-H overnight and camp guidelines, fair rules and regulations, and much more. Often times permission forms, waivers of liability should be used with activities for volunteers and youth in UME. There is also a privacy disclosure statement that indicates how the information will be used by the organization. Employee Identification Numbers (EIN) is to be obtained for all UME clubs or organizational accounts. In 4-H, specific financial guidelines for handling money are to be followed and an annual audit for each club reported to the local 4-H unit. Volunteers and youth complete a health form when traveling to reduce risk. In transferring risk this protects people and property before a loss occurs. The other party assumes the responsibility for the risk of loss. An example would be to hire a caterer to host a banquet, picnic or awards program. You might retain the risk accepting losses or business expenses such as buying accident insurance for participants, renting fire extinguishes, or training volunteers to serve as chaperons. Transfer the financial responsibility to other parties such as using the county fair board as the sponsoring organizations to exhibit 4-H projects. The fair would carry the loss prevention insurance and the liability insurance, and provide the exhibit space and tables. Insuring the risk could include additional liability or accident insurance or directors and officers insurance. There is an incident and accident reporting process to be completed and returned as needed. Claims for other incidents need to be processed through UME as appropriate. Risk management changes should be based on evaluation of program, claims and successes.
There are many ways to control or finance risk. A program or activity may be cancelled when the risk is perceived as greater then the benefit such as canceling due to bad weather or volunteers chaperoning youth overseas without parents. Risk is reduced through the implementation of safety standards and processes. UME or the government may require safety equipment in order to perform certain programs such as helmets for 4-H youth and adults riding horses, motorcycle helmets, protective mask when spraying, etc. You may conduct a safety review before starting the program or identify the escape procedure if there is an emergency such as a fire. With UME this also includes the UME volunteer policy and training, 4-H overnight and camp guidelines, fair rules and regulations, and much more. Often times permission forms, waivers of liability should be used with activities for volunteers and youth in UME. There is also a privacy disclosure statement that indicates how the information will be used by the organization. Employee Identification Numbers (EIN) is to be obtained for all UME clubs or organizational accounts. In 4-H, specific financial guidelines for handling money are to be followed and an annual audit for each club reported to the local 4-H unit. Volunteers and youth complete a health form when traveling to reduce risk. In transferring risk this protects people and property before a loss occurs. The other party assumes the responsibility for the risk of loss. An example would be to hire a caterer to host a banquet, picnic or awards program. You might retain the risk accepting losses or business expenses such as buying accident insurance for participants, renting fire extinguishes, or training volunteers to serve as chaperons. Transfer the financial responsibility to other parties such as using the county fair board as the sponsoring organizations to exhibit 4-H projects. The fair would carry the loss prevention insurance and the liability insurance, and provide the exhibit space and tables. Insuring the risk could include additional liability or accident insurance or directors and officers insurance. There is an incident and accident reporting process to be completed and returned as needed. Claims for other incidents need to be processed through UME as appropriate. Risk management changes should be based on evaluation of program, claims and successes.