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HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE?. Sara R. Stevenson, ARM-P Risk Manager, Washington County October 3, 2013. Good risk management…. …is more important than ever! Leverage the possibility of a “Clarke” or federal claim to motivate others to act!
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HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE? Sara R. Stevenson, ARM-P Risk Manager, Washington County October 3, 2013
Good risk management… …is more important than ever! Leverage the possibility of a “Clarke” or federal claim to motivate others to act! Prevention is cheap (claims are not)!
Avoid Employment Claims • Develop and enforce policies consistently • Develop written, up to date job descriptions with accurate EJFs • Hire the right person for the job • Train employees and supervisors • Investigate all complaints
Manage Your Fleet Risks • Develop and enforce policies around driving on public entity business • Offer/require defensive driving classes • Check for proper, valid licensing and acceptable driving records
Review Coverage and Limits • Ensure your insurance limits are adequate • Review and understand your coverage • Review and understand the exclusions
Transfer Risk to Contractors (“Agents”) • Require contractors to “defend and indemnify” • Develop written standard insurance requirements for contractors • Require contractors to maintain the appropriate coverage types and limits. • Develop a process for ensuring compliance
Work with Legal Counsel • Consider developing guidelines for employees in “anticipation of litigation” • Take full advantage of all defenses and immunities under state and federal law
Taking these steps up front will ensure that even if the entity is subject to a high damage claim, it will be prepared and sufficiently protected.