Utah Admin. Code 37-1-8

Current through Bulletin 2024-23, December 1, 2024

Section R37-1-8 - Underwriting Standards

In accordance with Subsection 63A-4-101(2)(b)(i), covered entities shall comply with the following underwriting standards:

(1) Annually review, update, and submit a Statement of Values to the Fund before July 1^st;

(2) Within 90 days of acquisition, report to the Fund or any captive the description and value of any after-acquired property in excess of $25,000,000.

(3) Within 30 days of receipt, report each leased, donated, or other non-owned asset with a value in excess of $500,000, and report collections of art or other valuables with an aggregate value in excess of $500,000, located in a single location;

(4) Provide each volunteer and employee with training approved by the Fund on unlawful discrimination and harassment in the workplace and other civil rights and liability issues as required by the Fund:

(a) After initial training all covered entities shall provide updated or refresher training to all staff members every two years;

(b) For state entities this training shall be coordinated with the Division of Human Resource Management and shall be developed and provided by qualified individuals; and

(c) Covered entities shall keep records of the training, including who provided the training, who attended the training and when they attended it.

(5) Covered entities shall implement the following driver safety standards:

(a) conduct or facilitate driver's license verification checks on all new employees and volunteers who will operate entity vehicles or their own vehicles on entity business at time of employment;

(b) annually verify the status of the driver's license of all employees and volunteers who operate entity vehicles or their own vehicles on entity business;

(c) establish procedures to ensure that any employee or volunteer who does not have a valid driver's license is not allowed to operate an entity vehicle or their own vehicle on entity business;

(d) develop procedures to ensure that records of driver's license checks are kept confidential;

(e) include a requirement for maintenance of a valid and appropriate driver's license in all written job descriptions or other job analysis documents or individual performance plans where use of a vehicle is an essential function of the job;

(f) require and document that all employees and volunteers who operate entity vehicles, or their own vehicles on entity business, complete a Fund-approved or Fund-provided driver safety program at the time of initial employment and every two years thereafter;

(g) develop and enforce policies and procedures to deal with unsafe driving behavior and hazardous driving situations, including the following:

(i) prohibit employees or volunteers who are involved in an at-fault accident from operating entity vehicles or their own vehicles on entity business for a reasonable time, not to exceed 30 days;

(ii) require each at-fault employee or volunteer to complete the Fund -approved driver safety program before restoring driving privileges;

(iii) ensure employees and volunteers who are required to operate entity vehicles or their own vehicles on entity business operate those vehicles within the limits or restrictions of their individual licenses; and

(iv) prohibit employees and volunteers who are convicted of Driving under the Influence of Alcohol or Drugs or Reckless Driving from operating entity vehicles or their own vehicles on entity business until their driving privileges are legally restored.

(6) comply with Rule R27-7 if the covered entity is a state agencies or institution of higher education;

(7) if the covered entity is a school district or a charter school, establish and maintain a driver safety committee, composed of three or more employees, including the risk coordinator, to perform the following functions:

(a) evaluate, within 30 days of occurrence, each vehicle accident and traffic violation involving entity-owned vehicles or personal vehicles on entity business;

(b) provide reasonable notice to each employee or volunteer, whose accident or traffic violation will be evaluated, of the driver safety committee meeting and ensure the employee or volunteer can participate in person, via video conference, or by telephone;

(c) determine whether each accident was preventable;

(d) determine whether each traffic violation resulted from the employee's or volunteers' hazardous driving behavior;

(e) document the determination of the driver safety committee as to accident preventability and hazardous driving behavior;

(f) develop recommendations regarding driving privileges, remediation, and discipline;

(g) promptly report documented determinations and recommendations to entity management;

(h) promptly notify the employee or volunteer of findings regarding accident preventability and hazardous driving behavior; and

(i) maintain driver safety committee determinations, recommendations, and all reviewed records for a minimum of four years.

(8) review the performance standards and job descriptions of each employee and where appropriate add a standard requiring the use of required safety equipment, adherence to safety standards, or other liability and risk reduction requirements appropriate to the position and duties performed by the employee; and

(9) comply with the adopted editions of the International Building Code, International Fire Code, and other applicable codes in all new construction, remodels, or additions to existing facilities;

(10) ensure existing facilities known to be out of compliance at the time of construction with the adopted edition of the International Building Code, International Fire Code and all other applicable codes are brought up to compliance as a condition of insurability;

(11) covered entities that fail to comply with Subsections (9) and (10) will receive an appropriate premium surcharge or coverage restriction after reasonable notice and an opportunity to cure areas of noncompliance.

Utah Admin. Code R37-1-8

Amended by Utah State Bulletin Number 2023-05, effective 2/22/2023