Okla. Admin. Code § 260:70-3-2

Current through Vol. 42, No. 7, December 16, 2024

Section 260:70-3-2 - Functions of Program

Each Agency Risk Management Program shall have assigned to it sufficient personnel to fulfill each of the following functions:

(1)Incident scene management.

(A)General. The Agency shall be responsible for assuring that proper steps are taken at the scene of any liability incident to ensure the safety and security of personnel and property, and to otherwise manage the scene in the best interest of the Oklahoma Risk Management Program. Employees of all agencies and other covered entities must be informed and encouraged to promptly report any potential liability incident in which they might be involved, or which they might witness, to proper supervisory and security personnel.

(B)Reports by witnesses. Any employee or officer of any agency or other covered entity who is involved in any potential liability incident, as a witness or otherwise, must immediately notify his or her immediate supervisor, as well as the security office or law enforcement officer with responsibility for the area where such incident occurs, if any. In case of any liability incident involving motor vehicles, the following procedure specified in paragraph (2) of this section, shall be followed.

(2)Reporting vehicle liability incidents.

(A) The operator of a vehicle involved in a reportable vehicle incident shall immediately notify the nearest security office or law enforcement officer with responsibility for the area where such incident occurs, unless incapacitated by injury to the extent that notification is impractical.

(B) The operator shall fill out a required "In Case of Accident" form furnished in the glove compartment or other applicable designated place of all vehicles. This form shall be given to the Agency Risk Management Coordinator.

(C) Any liability incident must be reported within three days to the Risk Management Department.

(3)Statements by parties involved.

(A) Employees of any agency or other covered entity, whose conduct or performance of duty give rise to a "Liability Incident" shall be required to cooperate in good faith with the defense of any claim which may be presented in connection with the "Liability Incident". Any such employee's cooperation shall include, but not be limited to refraining from making any statement or comment, or from executing any writing or document concerning such incident, except as may be required by the employee's employer, authorized legal counsel, the Risk Management Department, any law enforcement authority investigating the "Liability Incident" at the scene, or by statute. No employee involved in a "Liability Incident" has the authority to agree to or promise to settle any claim

(B) Any employee who is a witness to a "Liability Incident", but who did not commit or perform any act or omission contributing to the occurrence giving rise to the "Liability Incident" shall refrain from making any statement or comment, or from executing any writing or document concerning such incident, except as may be required by the employee's employer, authorized legal counsel, the Risk Management Department, or any law enforcement authority investigating the "Liability Incident" at the scene. Providing, however, that all such employees shall remain free to make any statement or comment concerning agency operations which are protected by 74 O.S. Section 840-2.5 and 840-2.6.

(4)Investigation. The Agency shall ensure that each liability incident involving the property or personnel of the agency or other covered entity is promptly investigated and that such investigation shall, at a minimum, involve ascertainment of the identities of all possible claimants and all known witnesses. A description of the occurrences giving rise to damages including the date, time and location, actual damages shall be provided. Photographs of the accident scene or property damage should be taken as close to the date and time of the liability incident as possible. The identification of a party or a witness shall include full name, address, phone number, email and brief summary of what is known or reported by such witness. Risk Management, in order to adequately investigate and come to a timely determination as to whether or not a claim is valid, relies on the agency or covered entity to assist them in the investigation. Risk Management may require additional information other than the initial incident report and claim report. Information request(s) by Risk Management must be responded to within three (3) weeks of date of the request to the agency. If it is determined that an agency has not responded or is not acting in good faith to assist State Risk Management, Risk Management reserves the right to make a determination on the information received which could result in the approval of a claim when it might not otherwise be. In that case, Risk Management may pay the claim and invoice the full amount back to the responsible agency. The Risk Management Administrator reserves the right to waive this requirement for good cause.

(5)Records keeping. The Agency shall keep orderly records, organized so as to be readily retrievable by date, location of incident and names of parties potentially giving rise to liability, of each investigation of any liability incident. The Agency shall also prepare and keep monthly summary of all liability incidents, recording the date, names of possible claimants, nature of incident, nature of injuries, estimate of damages and date investigation completed. A unique identification number shall be assigned to each liability incident which may be used to specify the matter in any communications between the Agency and the Risk Management Department.

(6)Reporting procedures. The Agency shall:

(A)Give notice to the Risk Management Department. The Agency shall give notice of any liability incident to the Risk Management Department within three (3) days following the occurrence of any such incident.

(B)Fill out "Scope of Employment". The Scope of Employment form shall be completed and signed by the supervisor of the employee involved in the accident. The Scope of Employment Form shall include a full and accurate description of the specific work activity or assignment the employee was engaged in at the time of the accident.

(C)Fill out "Standard Liability Incident Report". The Agency shall fill out and send to the Risk Management Department a "Standard Liability Incident Report" form furnished to all agencies and other covered entities by the Risk Management Department. This report should include but not be limited to the following information:

(i) The time, date, and location of accident.

(ii) The department involved, and where a vehicle is involved, vehicle number or tag number, year and make, operator's name and telephone number. Owner's name if leased or rented.

(iii) A description of other property or vehicle, if any, year and make, name and address of operator and owner and telephone number.

(iv) The names of injured persons and the name of hospital(s) where such persons may receive treatment.

(v) The damage to the vehicle, if any, and the vehicle's location.

(vi) The name of the investigating officer.

(vii) A brief description of the incident.

(viii) The names, addresses and telephone numbers of all witnesses.

(ix) Photographs of the incident scene.

(D)Forward "In Case of Accident Form" and "Scope of Employment Form" to the Risk Management Department. The Agency shall send to the Risk Management Department the "In Case of Accident" form filled out by the operator of any vehicle involved in a reportable vehicle incident. Be sure to place a new "In Case of Accident" form in the vehicle as soon as possible if the vehicle is to be subsequently used to conduct business after applicable repairs have been procured and the agency or other covered entity is satisfied the vehicle is safe to operate.

(E)Send informational material to the Risk Management Department. The Agency shall complete all preliminary investigations following a liability incident and send a completed "Standard Liability Incident Report", the "In Case of Accident" report, if any, and any other pertinent information that is the result of a thorough investigation to the Risk Management Department. The Scope of Employment form shall include a full and accurate description of the specific work activity or assignment the employee was engaged in at the time of the accident.

(7)Training and notices. Every Agency Risk Management Program shall make adequate provision for training and notification to all employees regarding their responsibilities under the Oklahoma Risk Management Program. Employees shall be trained or notified regarding necessary reporting requirements in the event they may witness or be participants in a liability incident.

(8)Risk Management Manual. Every agency or other covered entity shall formulate and adopt an "Agency Risk Management Procedure Manual" consistent with the minimum requirements of the rules and regulations contained in OAC 260:70. Such a manual shall fully describe the organization and procedures for the conduct of Risk Management activities within such agency, shall contain samples of all forms in current use, shall describe the proper reporting chain-of-command for routing necessary information to the Agency Risk Management Coordinator, shall identify all personnel having specified responsibilities for risk management activities and shall contain such other information as shall be required from time to time by the Risk Management Department or deemed pertinent by the Administrator. Agency Risk Management procedures shall be updated from time to time to maintain the currency of the information contained in the manual.

(9)Coordination with the Risk Management Department. One of the primary functions of the Agency Risk Management Coordinator will be to facilitate cooperation between the agency or other covered entity, the Risk Management Department, and legal counsel, when necessary, in cases where a liability incident actually gives rise to a claim for damages against the state or other covered entity. It will often be necessary for meetings, interviews, record reviews and other investigative activities to be arranged between Risk Management Department personnel and covered employees. The Agency Risk Management Coordinator will be the primary source of contact with an agency or other covered entity for purposes of arranging such matters.

(10)Forms. From time to time, the Risk Management Department may promulgate forms for use in the various Risk Management activities described above, including forms of notices, reports, manuals, etc. In any case where such a form has been prescribed by the Administrator for any purpose, it shall be adopted and made the exclusive form for such purpose by each Agency Risk Management Coordinator. Seminars may be conducted from time to time by the Risk Management Department to inform state or other covered entities employee(s), officer(s), Agency Risk Management Coordinator(s), Director(s), manager(s), supervisor(s), and other responsible personnel of systematic changes in standard forms of notices, reports, manuals, etc. Instructions, dates, identity of personnel expected to attend, etc., will be communicated by the Risk Management Department on an as-needed basis.

Okla. Admin. Code § 260:70-3-2

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023