39
c/o ALLIANT INSURANCE SERVICES 100 Pine Street, 11th Floor, San Francisco, CA 94111 OFFICERS: Greg Baatrup, President Paul Bushee 707.428.9162 2014-2018 Craig Murray, Vice President Russ Baggerly 805.684.7214 2010-2014 Meeting Via Teleconference at the Following Locations: 1301 Anderson Drive, San Rafael, CA 94901 3480 Buskirk Avenue, Suite 200, Pleasant Hill, CA 94523 100 East Sunnyoaks Avenue, Campbell, CA 95008 701 N. Brand Blvd, Suite 600, Glendale, CA 91023 7051 Dublin Blvd., Dublin, CA 94568 1950 S. Sunwest Lane, San Bernardino, CA 92408 1072 Tico Road, Ojai, CA 93023 2300 Clayton Road, Suite 1250, Concord, CA 94520 450 Walnut Meadows Drive, Oakley, CA 94561 170 Dogwood Lane, Vallejo, CA 94591 450 Ryder Street, Vallejo, CA 94590 DATE: Wednesday, February 6, 2019 LOCATION: Alliant Offices TIME: 10:00 AM 100 Pine Street 11th Floor San Francisco, CA 94111 A. CALL TO ORDER A = Action I = Information B. PUBLIC AND COMMITTEE MEMBER COMMENTS V = Verbal S = Separate C. GENERAL ADMINISTRATION H = Handout 1. Meeting Minutes of November 7, 2018 A p. 4 The Committee will be asked to approve minutes from their last meeting. 2. Reporting and Ratification of Claims Settlements A/V The Committee will be asked to report and rafity claims settlements approved in closed session. D. CLOSED SESSION TO DISCUSS PENDING CLAIMS Action may be taken per Government Code Section 54956.95. A See Reverse for Full Listing of Claims to be Discussed E. CLAIMS ADMINISTRATION 1. Year in Review I p. 9 The Committee will hear a report summarizing claims activity from the prior year. 2. Quarterly Claims Report @ 12.31.18 I p. 12 The Committee will be asked to review the quarterly claims report as of 12/31/18. F. UNDERWRITING ISSUES 1. Unmanned Aerial Systems (Drones) & Autonomous Vehicles I p. 13 The Committee will receive the survey results on member usages of Unmanned Aerial Systems and Autonomous Vehicles. G. LOSS CONTROL 1. PFAS in Wastewater Treatment Plants I p. 16 The Committee will hear a report regarding PFAS in Wastewater Treatment Plants. 2. FY 18/20 Risk Control Work Plan - Draft I p. 17 The Committee will be asked to review the proposed FY 18/20 Risk Control Work Plan. 3. AB 1825 - Ongoing No Harassment Training for Supervisors and Managers I p. 29 The Committee will receive an update regarding ongoing No Harassment Training for Supervisors and Managers. H. INFORMATION ITEMS 1. "Poem of the Day" I p. 33 2. Article - The Importance of Investigations and The Perils of Ignoring Harrassment Allegations I p. 34 3. Article - Ask Leslie: Can I Prohibit Vaping At My Worksite? I p. 35 4. Article - Fake Flash Installers And Cryptojacking: Two Growing Threats I p. 36 COMMITTEE AGENDA CSRMA California Sanitation Risk Management Authority Insurance License No.: 0C36861 Fax: 415.402.0773 PAST PRESIDENTS: POOLED LIABILITY PROGRAM 1

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Page 1: CSRMA2019/02/06  · 450 Walnut Meadows Drive, Oakley, CA 94561 170 Dogwood Lane, Vallejo, CA 94591 450 Ryder Street, Vallejo, CA 94590 DATE: Wednesday, February 6, 2019 LOCATION:

c/o ALLIANT INSURANCE SERVICES 100 Pine Street, 11th Floor, San Francisco, CA 94111

OFFICERS:Greg Baatrup, President Paul Bushee707.428.9162 2014-2018Craig Murray, Vice President Russ Baggerly805.684.7214 2010-2014

Meeting Via Teleconference at the Following Locations:

1301 Anderson Drive, San Rafael, CA 94901 3480 Buskirk Avenue, Suite 200, Pleasant Hill, CA 94523100 East Sunnyoaks Avenue, Campbell, CA 95008 701 N. Brand Blvd, Suite 600, Glendale, CA 910237051 Dublin Blvd., Dublin, CA 94568 1950 S. Sunwest Lane, San Bernardino, CA 924081072 Tico Road, Ojai, CA 93023 2300 Clayton Road, Suite 1250, Concord, CA 94520450 Walnut Meadows Drive, Oakley, CA 94561 170 Dogwood Lane, Vallejo, CA 94591450 Ryder Street, Vallejo, CA 94590

DATE: Wednesday, February 6, 2019 LOCATION: Alliant OfficesTIME: 10:00 AM 100 Pine Street

11th FloorSan Francisco, CA 94111

A. CALL TO ORDER A = ActionI = Information

B. PUBLIC AND COMMITTEE MEMBER COMMENTS V = VerbalS = Separate

C. GENERAL ADMINISTRATION H = Handout1. Meeting Minutes of November 7, 2018 A p. 4

The Committee will be asked to approve minutes from their last meeting.2. Reporting and Ratification of Claims Settlements A/V

The Committee will be asked to report and rafity claims settlements approved in closed session.

D. CLOSED SESSION TO DISCUSS PENDING CLAIMSAction may be taken per Government Code Section 54956.95. ASee Reverse for Full Listing of Claims to be Discussed

E. CLAIMS ADMINISTRATION1. Year in Review I p. 9

The Committee will hear a report summarizing claims activity from the prior year.2. Quarterly Claims Report @ 12.31.18 I p. 12

The Committee will be asked to review the quarterly claims report as of 12/31/18.

F. UNDERWRITING ISSUES1. Unmanned Aerial Systems (Drones) & Autonomous Vehicles I p. 13

The Committee will receive the survey results on member usages of Unmanned Aerial Systems and Autonomous Vehicles.

G. LOSS CONTROL1. PFAS in Wastewater Treatment Plants I p. 16

The Committee will hear a report regarding PFAS in Wastewater Treatment Plants.2. FY 18/20 Risk Control Work Plan - Draft I p. 17

The Committee will be asked to review the proposed FY 18/20 Risk Control Work Plan.3. AB 1825 - Ongoing No Harassment Training for Supervisors and Managers I p. 29

The Committee will receive an update regarding ongoing No Harassment Training for Supervisors and Managers.

H. INFORMATION ITEMS1. "Poem of the Day" I p. 332. Article - The Importance of Investigations and The Perils of Ignoring Harrassment Allegations I p. 343. Article - Ask Leslie: Can I Prohibit Vaping At My Worksite? I p. 354. Article - Fake Flash Installers And Cryptojacking: Two Growing Threats I p. 36

COMMITTEE AGENDA

CSRMA California Sanitation Risk Management Authority

Insurance License No.: 0C36861

Fax: 415.402.0773

PAST PRESIDENTS:

POOLED LIABILITY PROGRAM

1

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5. CSRMA 2019 Meeting Calendar I p. 376. CSRMA Organizational Chart I p. 387. CSRMA Service Team I p. 39

The Committee will be asked to review the Information Items.

I. ADJOURNMENT The next meeting is scheduled for May 8, 2019

Per Government Code section 54954.2, persons requesting disability-related modifications or accommodations, including auxiliary aids or services in order

to participate in the meeting, are requested to contact Alliant at (415) 403-1400 twenty-four hours in advance of the meeting. Entrance to the meeting

location requires routine provision of identification to building security. However, CSRMA does not require any member of the public to register his or her

name, or to provide other information, as a condition to attendance at any public meeting and will not inquire of building security concerning information so

provided. See Government Code section 54953.3.

2

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OPEN Claim Register Monthly format

MEMBER DISTRICT CLAIM# CLAIMANT CLAIM DESCRIPTION SUF DATE OF LOSS DATE REPORTED

CARMEL AREA WASTEWATER DISTRICT 1951140 WATSON, DAVID LIABILITY PROPERTY DAMAGE 001 10/28/2016 10/31/2016

CARMEL AREA WASTEWATER DISTRICT 1951140 SEDELMEYER, CHUCK LIABILITY PROPERTY DAMAGE 002 10/28/2016 10/31/2016

CARMEL AREA WASTEWATER DISTRICT 1951140 HUTCHINGS, DAVID LIABILITY PROPERTY DAMAGE 003 10/28/2016 10/31/2016

DELTA DIABLO 1965500 NRG ENERGY PITTSBURG, GENERATING STATION LIABILITY PROPERTY DAMAGE 001 3/3/2017 6/5/2017

DUBLIN SAN RAMON SERVICES DISTRICT 1986443 TEMPRESCO INC, . LIABILITY PROPERTY DAMAGE 001 9/18/2018 10/10/2018

FAIRFIELD/SUISUN SEWER DISTRICT 1983640 DAVIS-BOGNAR, CYNTHIA LIABILITY PROPERTY DAMAGE 001 7/27/2018 7/30/2018

LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT 1882918 BUTLER, DARLENE EMPLOYMENT PRACTICES 001 5/1/2012 3/24/2014

LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT 1955358 TOLIVER, LEROY LIABILITY PROPERTY DAMAGE 001 1/22/2017 1/23/2017

LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT 1955358 CARAWAY, CAROL LIABILITY PROPERTY DAMAGE 002 1/22/2017 1/23/2017

LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT 1955358 TOLIVER, LEROY LIABILITY BODILY INJURY 003 1/22/2017 1/3/2018

LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT 1955358 TOLIVER, ANNA LIABILITY BODILY INJURY 004 1/22/2017 1/3/2018

SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1966509 YEE, JEFF EMPLOYMENT PRACTICES 001 10/9/2016 6/20/2017

SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1980767 COUMBE, CHRIS LIABILITY PROPERTY DAMAGE 001 5/18/2018 5/21/2018

SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1982656 ARENTSEN, KELLY LIABILITY PROPERTY DAMAGE 001 7/2/2018 7/5/2018

SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1988584 GUZMAN, PAUL AUTO PROPERTY DAMAGE 001 12/7/2018 12/7/2018

SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1988584 HERTZ RENT A CAR, . AUTO PROPERTY DAMAGE 002 12/7/2018 12/7/2018

SANTA MARGARITA WATER DISTRICT 1564019 LENNAR HOMES OF CA., . LIABILITY PROPERTY DAMAGE 001 5/17/2011 5/18/2011

SANTA MARGARITA WATER DISTRICT 1564019 KIDD, MICHAEL LIABILITY PROPERTY DAMAGE 002 5/17/2011 5/18/2011

SANTA MARGARITA WATER DISTRICT 1564019 TRAVELERS ASO,, ABRAHAMS LIABILITY PROPERTY DAMAGE 004 5/17/2011 2/11/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO LAPPIN, . LIABILITY PROPERTY DAMAGE 006 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO BAIN, . LIABILITY PROPERTY DAMAGE 007 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO LUDWIG, . LIABILITY PROPERTY DAMAGE 008 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO GRATTEAU, . LIABILITY PROPERTY DAMAGE 010 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO TURNER, . LIABILITY PROPERTY DAMAGE 011 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO FEHER, . LIABILITY PROPERTY DAMAGE 012 5/17/2011 11/4/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO, MALDONADO LIABILITY PROPERTY DAMAGE 013 5/17/2011 11/4/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO TIBER, . LIABILITY PROPERTY DAMAGE 014 5/17/2011 11/4/2013

SANTA MARGARITA WATER DISTRICT 1564019 MUELLER INDUSTRIES, . LIABILITY PROPERTY DAMAGE 015 5/17/2011 11/4/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO VANDERLO, . LIABILITY PROPERTY DAMAGE 016 5/17/2011 5/18/2011

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO HERNANDE, . LIABILITY PROPERTY DAMAGE 017 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO TRUJILLO, . LIABILITY PROPERTY DAMAGE 018 5/17/2011 4/12/2013

SANTA MARGARITA WATER DISTRICT 1564019 MERCURY ASO TSOU, . LIABILITY PROPERTY DAMAGE 019 5/17/2011 5/18/2011

SANTA MARGARITA WATER DISTRICT 1988686 COLLINS, EDDIE LIABILITY PROPERTY DAMAGE 001 12/8/2018 12/10/2018

SANTA MARGARITA WATER DISTRICT 1988686 HUITT, MARIE LIABILITY PROPERTY DAMAGE 002 12/8/2018 12/18/2018

SAUSALITO-MARIN CITY SANITARY DISTRICT 1957867 HEYMAN, JUDITH AUTO PROPERTY DAMAGE 001 3/2/2017 3/7/2017

SAUSALITO-MARIN CITY SANITARY DISTRICT 1957867 HEYMAN, JUDITH AUTO BODILY INJURY 002 3/2/2017 3/7/2017

SELMA-KINGSBURG-FOWLER COUNTY SANITARY DISTRICT 1977290 FIRST BAPTIST CHURCH, . LIABILITY PROPERTY DAMAGE 001 3/2/2018 3/2/2018

SEWERAGE AGENCY OF SOUTHERN MARIN (SBU) 1973182 STEINBACH, ULRIKE LIABILITY PROPERTY DAMAGE 001 1/1/2017 11/21/2017

SILICON VALLEY CLEAN WATER 1978716 SCHMIDT, ILANA EMPLOYMENT PRACTICES 001 3/22/2018 4/3/2018

SOUTH ORANGE COUNTY WASTEWATER DISTRICT 1958720 EVANS, WALTER AUTO PROPERTY DAMAGE 001 3/8/2017 3/8/2017

SOUTH ORANGE COUNTY WASTEWATER DISTRICT 1985306 NOSON, TERI EMPLOYMENT PRACTICES 001 5/1/2017 9/11/2018

SOUTH TAHOE PUBLIC UTILITY DISTRICT 1953728 BERMAN, IRWIN LIABILITY PROPERTY DAMAGE 001 12/17/2016 12/19/2016

SOUTH TAHOE PUBLIC UTILITY DISTRICT 1982231 SAGE, RUSTY LIABILITY PROPERTY DAMAGE 001 6/24/2018 6/25/2018

SOUTH TAHOE PUBLIC UTILITY DISTRICT 1989007 LIBERT, BRANDON LIABILITY PROPERTY DAMAGE 001 12/18/2018 12/18/2018

STEGE SANITARY DISTRICT 1980021 ELSBURY, MIKE & SYLVIA LIABILITY PROPERTY DAMAGE 001 4/30/2018 5/2/2018

STEGE SANITARY DISTRICT 1988864 CSAA, ASO LUKE & LEATRICE LIABILITY PROPERTY DAMAGE 001 6/25/2018 12/14/2018

STEGE SANITARY DISTRICT 1988864 YAM, LUKE & LEATRICE LIABILITY PROPERTY DAMAGE 002 6/25/2018 12/27/2018

UNION SANITARY DISTRICT 1933421 TRUJILLO DE LOYOLA, FERNANDO, AUTO BODILY INJURY 001 3/23/2016 3/23/2016

UNION SANITARY DISTRICT 1933421 BIBIANO, MARIA DEL CARMEN AUTO BODILY INJURY 002 3/23/2016 3/23/2016

UNION SANITARY DISTRICT 1933421 MCKINNEY, LASHAUN AUTO PROPERTY DAMAGE 003 3/23/2016 3/23/2016

UNION SANITARY DISTRICT 1933421 TRUJILLO DE LOYOLA, FERNANDO AUTO PROPERTY DAMAGE 004 3/23/2016 10/4/2018

VALLEJO FLOOD AND WASTE WATER DISTRICT 1974684 WALLACE, RIVER LIABILITY BODILY INJURY 001 6/30/2017 12/22/2017

VALLEJO FLOOD AND WASTE WATER DISTRICT 1976032 DEWAN, JERRY LIABILITY PROPERTY DAMAGE 001 1/27/2018 1/31/2018

VICTOR VALLEY WASTEWATER RECLAMATION AUTHORITY 1980783 VALLES, ANGELA EMPLOYMENT PRACTICES 001 5/21/2018 5/21/2018

WEST BAY SANITARY DISTRICT 1982103 1740 OAK AVE LP, . LIABILITY PROPERTY DAMAGE 001 8/18/2015 6/20/2018

WEST COUNTY WASTEWATER DISTRICT 1960263 INSALCO, ROBERT AND, LOMAX, LESLIE LIABILITY PROPERTY DAMAGE 001 2/16/2017 4/19/2017

WEST COUNTY WASTEWATER DISTRICT 1960263 WONG/DU, MARY & LUCAS LIABILITY PROPERTY DAMAGE 002 2/16/2017 4/19/2017

WEST COUNTY WASTEWATER DISTRICT 1976504 MAGALLON, ARTURO AUTO BODILY INJURY 001 2/1/2018 2/1/2018

WEST COUNTY WASTEWATER DISTRICT 1976504 MAGALLON, ARTURO AUTO PROPERTY DAMAGE 002 2/1/2018 2/1/2018

WEST COUNTY WASTEWATER DISTRICT 1976504 MENDEZ, EDGAR AUTO PROPERTY DAMAGE 003 2/1/2018 2/1/2018

WEST COUNTY WASTEWATER DISTRICT 1976504 MENDEZ, EDGAR AUTO BODILY INJURY 004 2/1/2018 2/1/2018

WEST COUNTY WASTEWATER DISTRICT 1984769 WILKERSON, CHANDRA & TOMY LIABILITY PROPERTY DAMAGE 001 1/1/2018 8/27/2018

WEST VALLEY SANITATION DISTRICT 1964858 LESSER, DONALD AND NANCY LIABILITY PROPERTY DAMAGE 001 5/22/2017 5/24/2017

WEST VALLEY SANITATION DISTRICT 1982696 GUY, JESS LIABILITY PROPERTY DAMAGE 001 7/7/2018 7/9/2018

WEST VALLEY SANITATION DISTRICT 1982696 HELD, JOSHUA LIABILITY PROPERTY DAMAGE 002 7/7/2018 7/9/2018

WEST VALLEY SANITATION DISTRICT 1983596 DOLLOFF, DAVID LIABILITY PROPERTY DAMAGE 001 7/29/2018 7/30/2018

WEST VALLEY SANITATION DISTRICT 1985107 GALLY, BRIAN & MARGARET LIABILITY PROPERTY DAMAGE 001 8/27/2018 9/6/2018

Page by:Client: CAL SANITATION RMA:C009

Run Date: 1/1/2019

3 of 39

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MINUTES OF THE POOLED LIABILITY COMMITEE MEETING

NOVEMBER 7, 2018 SAN FRANCISCO, CA

MEMBERS PRESENT

Mr. Jason Dow, Chair, Central Marin Sanitation Agency (via teleconference) Ms. Michelle Gallardo, Dublin-San Ramon Services District (via teleconference) Mr. Jeff Palmer, Ojai Valley Sanitary District (via teleconference) Mr. Jon Newby, West Valley Sanitation District (via teleconference) Mr. Chad Davisson, Ironhouse Sanitary District Ms. Melissa Morton, Vallejo Flood and Wastewater District (via teleconference)

MEMBERS ABSENT

None

GUESTS AND CONSULTANTS PRESENT

Mr. Dennis Mulqueeney, Alliant Insurance Services, Inc. Mr. Seth Cole, Alliant Insurance Services, Inc. Mr. Myron Leavell, Alliant Insurance Services, Inc. Ms. Rosanna Der, Alliant Insurance Services, Inc. Ms. Susan Leung, Alliant Insurance Services, Inc. Mr. David Patzer, DKF Solutions Group (via teleconference) Mr. Byrne Conley, Gibbons & Conley Mr. Brandon Schlenker, Carl Warren & Company Ms. Yumi Augustus, Carl Warren & Company (via teleconference) Mr. Tracy Fleck, Aon

A. CALL TO ORDER

Committee Chair Jason Dow called the meeting to order at 10:02 am.

The first order of business was to amend the agenda to include the call in locations for those committee members attending via teleconference.

B. PUBLIC AND COMMITTEE MEMBER COMMENTS

None.

C. GENERAL ADMINISTRATION

C.1. Meeting Minutes of September 19, 2018

The Meeting Minutes of September 19, 2018 were reviewed.

C.1

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C.2. Reporting and Ratification of Claims Settlements None. A motion was made to approve the consent calendar as presented. MOTION: Melissa Morton SECOND: Jon Newby MOTION CARRIED AYES: Davisson, Dow, Gallardo, Morton, Newby, Palmer NAYS: None ABSTAIN: None ABSENT: None D. CLOSED SESSION The Committee entered Closed Session at 10:03 a.m. pursuant to Government Code Section 54956.95. The Committee left Closed Session at 10:13 a.m., at which time it was announced that the Claims Administrator was provided with direction concerning the disposition of certain claims; however, no final settlements were approved, nor was any action taken. E. CLAIMS ADMINISTRATION E.1. Quarterly Claims Report as of September 30, 2018 P.J. Skarlanic reviewed the Quarterly Claims Report with the Committee. This report reflects claims activity for the first three quarters of the current program year. The loss ratio reflects incurred claims as a percentage of pooled deposits collected. P.J. reported that thus far, for the current year, 39 claims were reported but only 7 have exceeded the members’ deductible, resulting in a loss ratio of 58%. Since inception, the program is performing very favorably with a 37.78% loss ratio. F. UNDERWRITING ISSUES F.1. Actuarial Study Presentation Seth Cole reviewed the item with the Committee. An Actuarial Study for the Pooled Liability Program was performed by Aon, CSRMA’s new actuarial partner, to re-evaluate past General Liability, Auto Liability and Employment Practices Liability projections using current loss data and to project future payment patterns to determine rates for the Program renewal. The actuary, Tracy Fleck of Aon presented the results of the Actuarial Study to the Pooled Liability Committee. In summary, at a $500,000 self-insured retention and a 70% confidence level, Aon is projecting a funding level of $1,627,000 for 2019. This is a year over year reduction due largely to the departure of South Tahoe Public Utility District from the Program effective 12/31/18. A 2.5% discount rate was used to project funding and estimate outstanding liabilities. Overall, CSRMA’s claims are trending favorably.

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F.2. Program Year 33 (2018-2019) Renewal Seth Cole reviewed the item, directing the Committee’s attention to the table on page 13 of the agenda packet. Seth reported that the total expected renewal cost is $4,133,380 before any retro adjustments, which represents a 2.62% decrease over the previous year. Aon has projected a 12.81% decrease in the overall funding requirements largely due to the withdrawal of South Lake Tahoe Public Utility District from the Program effective 12/31/18. A 2.5% discount rate was used to develop the rates for PY 18-19. The Program Administrators are currently negotiating the reinsurance and excess insurance renewals with underwriters. A 5% increase has been used as a placeholder to err on the side of conservatism, however, the Program Administrators expect the renewal premium to increase slightly due to recent claims activity that has hit the reinsurance layer. The Fixed Expense (JPA Charge) is expected to increase by 16.81% ($57,773), mainly due to the one time startup costs associated with transitioning CSRMA’s online risk management training platform from Risk Control Online to Target Solutions. A motion was made to recommend to the Executive Board approval the Pooled Liability Program renewal as presented. MOTION: Chad Davisson SECOND: Michelle Gallardo MOTION CARRIED AYES: Davisson, Dow, Gallardo, Morton, Newby, Palmer NAYS: None ABSTAIN: None ABSENT: None F.3. DRAFT Retrospective Rating Calculation at 12/31/18 Seth Cole reviewed this item with the Committee. The Retrospective Rating Calculation results in a total return of $310,693 to the membership. The Committee reviewed the Retrospective Rating Adjustment Schedule and the individual member’s returns/assessments. A motion was made to approve the Retrospective Rating Calculation of $310,693 as presented. MOTION: Jon Newby SECOND: Jeff Palmer MOTION CARRIED AYES: Davisson, Dow, Gallardo, Morton, Newby, Palmer NAYS: None ABSTAIN: None ABSENT: None F.4. DRAFT Dividend Calculation as of 12/31/18 Seth Cole reviewed this item with the Committee. Seth reported that a total dividend of $1,153,995 has been calculated, with each individual member’s dividend shown on the table attached to the agenda.

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A motion was made to recommend that the Executive Board recommend that the Board of Directors declare a Pooled Liability Program dividend of $1,153,995 as presented. MOTION: Jon Newby SECOND: Chad Davisson MOTION CARRIED AYES: Davisson, Dow, Gallardo, Morton, Newby, Palmer NAYS: None ABSTAIN: None ABSENT: None F.5. Granada Community Services District Seth Cole provided a verbal update to the Pooled Liability Committee. Granada Community Services District’s recreational exposures were discussed at the last Committee meeting. Seth reported that the Program Administrators are taking a broader approach and looking at the exposures of all members of the Program that fall outside of normal wastewater activities and will report back to the Committee at a future meeting. Seth mentioned that he discussed the recreational exposures with the reinsurers for the Program and they had no issues or concerns with the exposures. G. LOSS CONTROL G.1. 2-Year Risk Control Work Plan David Patzer reviewed the item with the Committee. The Risk Control Work Plan Sub-Committee will meet to suggest, update and discuss the risk control work plan items for FY 2018-19 and 2019-20, and form the FY 2019-20 and FY 2020-21 plan. The Risk Control Sub-Committee is comprised of the chairs of the Pooled Liability and Workers’ Compensation Program Committees and the Risk Control Advisor. The draft Risk Control Work Plan will be presented to the Committee at the February meeting. H. INFORMATION ITEMS H.1. Poem of the Day H.2. Article – The Aftermath of Fights between Employees H.3. Article – Severity Trends in Auto Claims – XL Catlin H.4. Article – Suit says Google tracks phone users regardless of privacy settings H.5. CSRMA 2018 Meeting Calendar H.6. CSRMA Organizational Chart H.7. CSRMA Service Team The Committee reviewed the information items.

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I. ADJOURNMENT The meeting was adjourned at 11:29 a.m. The next meeting is scheduled for February 6, 2019 via teleconference.

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Agenda Item No. E.1 Pooled Liability Committee Meeting

Meeting Date: February 6, 2019

Claims Administration – Year in Review

ISSUE: Carl Warren & Company will review a high level summary of the claims activity for the Pooled Liability Program in 2018 with the Committee. A copy of the summary is attached to this item.

RECOMMENDATION: None.

FISCAL IMPACT: None.

BACKGROUND: None.

ATTACHMENTS: Summary of Claims Activity

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2018 Snapshot ReportCALIFORNIA SANITATION RISK MANAGEMENT AUTHORITY (CSRMA)

As of: 12/31/2018

Policy Year: 1/1/2018 TO 12/31/2018

Top 5 Causes by Frequency

Top 5 Causes by Severity

67

67

90

Closing Ratio 134%

Policy Year Overview

StatusClaim

Count

Reserve

Loss

Reserve

Expense

Payment

Loss

Payment

Expense

Incurred

Loss

Incurred

Expense

01/01/2018 12/31/2018 Open 26 $798,776 $20,497 $1,087,168 $96,878 $1,885,944 $117,375

01/01/2018 12/31/2018 Closed 24 $0 $0 $144,352 $25,722 $144,352 $25,722

50 $798,776 $20,497 $1,231,520 $122,600 $2,030,296 $143,097Total

2018 Claim Activity - All Policy Years

Open Claims as of 12/31/18

New Claims Reported 2018

Claims Closed 2018

Policy Year

25

13

21 1

SEWER BACK-UP (GENERAL)

AUTO

DISCRIMINATION

BACKING

CONSTRUCTION

$1,050,071

$969,822

$55,505 $31,775 $23,830

0

200000

400000

600000

800000

1000000

1200000

SEXUAL HARASSMENT

SEWER BACK-UP (GENERAL)

NOXIOUS ODORS

DISCRIMINATION

SEWER BACKUP DEBRISPUMP STATIO

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Top 10 Open Occurrences by Total IncurredReserve

Loss

Reserve

Expense

Payment

Loss

Payment

Expense Total Incurred

$0 $1,015 $24,177 $5,243 $30,436

$0 $1,015 $24,177 $5,243 $30,436

$10,000 $538 $199,295 $6,491 $216,324

$10,000 $538 $199,295 $6,491 $216,324

$522,957 $4,398 $477,043 $45,674 $1,050,071

$522,957 $4,398 $477,043 $45,674 $1,050,071

$76,734 $878 $216,088 $9,122 $302,821

$76,734 $878 $216,088 $9,122 $302,821

$22,000 $720 $10,893 $3,632 $37,246

$22,000 $720 $10,893 $3,632 $37,246

$25,000 $2,053 $0 $3,727 $30,780

$25,000 $2,053 $0 $3,727 $30,780

$0 $1,075 $127,898 $8,726 $137,699

$0 $1,075 $127,898 $8,726 $137,699

$50,000 $107 $0 $5,398 $55,505

$50,000 $107 $0 $5,398 $55,505

$20,000 $881 $0 $619 $21,500

$8,035 $1,000 $1,965 $0 $11,000

$28,035 $1,881 $1,965 $619 $32,500

$50,000 $5,000 $0 $0 $55,000

$50,000 $5,000 $0 $0 $55,000Claim Total

Claim Total

Claim Total

Claim Total

Claim Total

SEWER BACKUP TO RESIDENCE

SEWER BACKUP

Claim Total

ADVERSE EMPLOYMENT ACTION DUE

TO COMPLAINTS RAISED

GENERAL SEWER BACKUP INTO

RESIDENCE & CRAWL SPACE

CLMT ALLEGES NOXIOUS ODORS IIN

HER RESIDENCE

SEWER BACKUP TO RESIDENCE

WHILE HYDROJETTING SEWER LINES,

CLMT SUSTAINED DAM

SEWER BACKUP INTO CLMT'S

RESIDENCE

Claim Total

Claim Total

Claim Total

Claim Total

Description

SEWER BACK UP INTO CLAIMANT'S

PROPERTY.

DISTRICT'S MAIN LINE CLOGGED

CAUSING BACKUP

EMPLOYEE ALLEGES SEXUAL VERBAL

HARASSMENT

11 of 39

Page 12: CSRMA2019/02/06  · 450 Walnut Meadows Drive, Oakley, CA 94561 170 Dogwood Lane, Vallejo, CA 94591 450 Ryder Street, Vallejo, CA 94590 DATE: Wednesday, February 6, 2019 LOCATION:

POOLED LIABILITY PROGRAMQuarterly Claims ReportAs of December 31, 2018

Program Year PY 1-19 PY 20 PY 21 PY 22 PY 23 PY 24 PY 25 PY 26 PY 27 PY 28 PY 29 PY 30 PY 31 PY 32 Program Avg Program Avg 1987-2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Over 5 yrs Over 32 yrs

Number of Members N/A 39 39 39 40 40 40 40 40 40 40 40 40 40 N/A N/A

Total Number of Claims 1,844 106 115 162 137 166 188 201 116 125 139 142 98 50 111 112

Initial Pool Deposits 27,798,928 2,266,790 2,436,557 2,643,576 2,872,384 3,099,945 3,057,827 3,233,414 3,006,432 2,886,638 2,756,403 2,715,342 2,718,212 2,682,244 2,751,768 2,005,459

Total Paid To Date 14,274,543 1,374,345 1,272,298 731,031 2,158,729 250,966 1,478,418 1,685,293 1,367,531 248,294 354,874 1,419,186 553,372 1,150,770 745,299 884,989

Total Reserved 0 0 0 0 0 0 51,366 92,594 0 0 72,334 556,007 591,878 171,863 278,416 48,001

Total Incurred 14,274,543 1,374,345 1,272,298 731,031 2,158,729 250,966 1,529,785 1,777,887 1,367,531 248,294 427,208 1,975,193 1,145,250 1,322,632 1,023,715 932,990POOL PENETRATION

No. of Occurrences Over Deductible 195 11 18 18 18 8 20 14 10 6 10 12 11 8 9 11

Total Paid Over Deductible (per occurrence) 12,089,543 969,345 974,798 466,031 1,816,229 160,966 1,065,918 1,385,293 1,185,031 158,294 204,371 1,296,568 237,355 1,012,043 581,726 719,431

Total Reserves Over Deductible (per occurrence) 0 0 0 0 0 0 51,366 92,594 0 0 57,837 556,007 540,395 100,589 250,966 43,712

Total Incurred Over Deductible 12,089,543 969,345 974,798 466,031 1,816,229 160,966 1,117,285 1,477,887 1,185,031 158,294 262,208 1,837,693 777,750 1,112,632 829,715 762,678

Total Incurred Over Deductible / Pool Deposits (%) 43.49 42.76 40.01 17.63 63.23 5.19 36.54 45.71 39.42 5.48 9.51 67.68 28.61 41.48 30.15 38.03

0.00

10.00

20.00

30.00

40.00

50.00

60.00

70.00

80.00

1/1/1987‐12/31/2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Percentages

Program Year

Pooled Liability ProgramQuarterly Loss Report

Total Incurred Over Deductible / Pool Deposits (%) Program Rolling  Avg. over 32 Yrs. Program Rolling  Avg. over 5 Yrs.

G:\Share\CLIENT\jpa\CSRMA\Pool Liability\lossrun\2018 12 31 Loss Reports - Pool Liability\lqtr 12_31_2018 Revised w_Capped

E.2

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Agenda Item No. F.1 Pooled Liability Committee Meeting

Meeting Date: February 6, 2019

Unmanned Aerial Systems (Drones) and Autonomous Vehicles

ISSUE: In order to determine the extent to which the membership is using, or plans to use, Unmanned Aerial Systems (drones) and/or Autonomous Vehicles, the Program Administrators included a survey with the 2018-19 Pooled Liability Program renewal questionnaire sent to the members in August 2018.

The Program Administrators have compiled the results of the survey sent out to the membership in August, and attached a report to this item for review. None of the members currently use autonomous vehicles, nor do any have plans to use them. One member utilizes drones, and two others are considering the use of drones.

Currently, the Pooled Liability Memorandum of Coverage (MOC) does not affirmatively cover or exclude coverage for drones. Given the survey results the Pooled Liability Committee should consider either affirmatively adding or excluding coverage for drones in the MOC.

RECOMMENDATION: Discuss survey results and provide direction.

FISCAL IMPACT: None.

BACKGROUND: At the 2018 Long Range Planning Session the Executive Board reviewed two separate items, on the topics of Unmanned Aerial Systems and Autonomous Vehicles. With the increase in use of these technologies comes an increase of exposure to risk.

There are insurance products available to cover both the third-party liability and first-party property damage the exposures associated with operating drones. Currently, the Pooled Liability MOC addresses coverage for drones similar to the standard industry general liability coverage form. There is an exclusion for AIRCRAFT in the MOC that reads:

Section VIII. EXCLUSIONS 11. The ownership, operation, use or maintenance of any AIRCRAFT of any size or anywatercraft over 26 feet in length.

AIRCRAFT is defined in the MOC as:

Section III. DEFINITIONS B. AIRCRAFT – means a vehicle designed for the transport of persons or propertyprincipally in the air.

ATTACHMENTS: Survey Results – Autonomous Vehicles & Drone Exposure

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Survey - Autonomous Vehicles Drone Exposures CSRMA Pool Liability Program

1 in service?2

plan to acquire? 1 in service?2

plan to acquire?3 owned or

leased

4 drone operatorlogged or

completed:

5maintenance log 6 where flown

7 anticipatednear

a usage a usage a usage a usage50-100

logged hrs, ora outdoors a power lines

b partial auto+ human

UAS* pilot training b over waterb

private homes

c controlledremotely?

c airports

d high hazardoperations**

Carmel Area Wastewater District no no

Carpinteria Sanitary District no no no no

Central Marin Sanitation Agency no no no no na na na na na

Delta Diablo no no no no na na na na na

Dublin San Ramon Services District no no no no no na na na no

East Bay Dischargers Authority no no no no na na na na na

Encina Wastewater Authority no no no no no no no no

Fairfield-Suisun Sewer DistrictThe District na no not at this time na na na na no

uses no autonomous vehiclesGoleta Sanitary District

no no no no na na na na naIronhouse Sanitary District

no no no no na na na na naLake Arrowhead Community Services District

no no noLas Gallinas Valley Sanitary

no not at this time no not at this timeLeucadia Wastewater District

no no no LWS is considering using drones, but has not yet formulated any plansMontecito Sanitary District

no no no noMonterey One Water (formerly Monterey RegionalW.P.C.A.) no no no noMt. View Sanitary District

no no no no na na na na naNorth of River Sanitary District

no no no noNovato Sanitary District

no no no, not currently no, not currently a & b) yesOjai Valley Sanitary District

no no no noOro Loma Sanitary District

no no no noSan Elijo Joint Powers Authority

no no no no na na na na naSanitary District No. 1 of Marin County

no no no no na na na na naSanitary District No. 5 of Marin County

no no no no na na na na naSanta Margarita Water District

na na na na

* UAS: unmanned aircraft system

CSRMA Pool Liability Member

Autonomous Vehicles Drones

** power plants, chemical mfg facilities or other hight hazard operations

_CSRMA PLP Autonomous_Drone Survey 18-19.xlsx Page 1 of 2 1/28/201914 of 39

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Survey - Autonomous Vehicles Drone Exposures CSRMA Pool Liability Program

1 in service?2

plan to acquire? 1 in service?2

plan to acquire?3 owned or

leased

4 drone operatorlogged or

completed:

5maintenance log 6 where flown

7 anticipatednear

a usage a usage a usage a usage50-100

logged hrs, ora outdoors a power lines

b partial auto+ human

UAS* pilot training b over waterb

private homes

c controlledremotely?

c airports

d high hazardoperations**

* UAS: unmanned aircraft system

CSRMA Pool Liability Member

Autonomous Vehicles Drones

** power plants, chemical mfg facilities or other hight hazard operationsSausalito-Marin City Sanitary District no no no no na na na na naSelma-Kingsburg-Fowler County S.D. no no no no na na na na naSewer Authority Mid-Coastside

Granada Community Services District no no no no noMontara Water & Sanitary District no no no no na na na na na

Half Moon Bay, City of - Per KM Not renewingthrough SAMSewerage Agency Of Southern Marin no no no no

Alto Sanitary District no no no no na na na na naAlmonte Sanitary District no no no no

Homestead Valley Sanitary District no noRichardson Bay Sanitary District no no no no no no no no no

Silicon Valley Clean Water no no no noSouth Orange County Wastewater Authority no no no not at this time, na na na na na

but could be useful to monitor pipeline easements in the futureSouth Tahoe Public Utilities District

Stege Sanitary District no no no no no no no no noTahoe-Truckee Sanitation Agency no no no na na na na naTriunfo Sanitation District no no no no na na na na naUnion Sanitary District

Vallejo Flood & Wastewater District no no no no no no no no noVentura Regional Sanitation District no no no no na na na na naVictor Valley Wastewater Recl. Auth. no no yes owned pilot training

a) Mavic Pro a) primarily forplant sitesphotography

no a & b) yes a, b, c) yes

West Bay Sanitary District no no no no na na na na naWest County Wastewater District no no no no no no no no noWest Valley S.D. of Santa Clara County no no no no na na na na na

_CSRMA PLP Autonomous_Drone Survey 18-19.xlsx Page 2 of 2 1/28/201915 of 39

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Agenda Item: G.1 Pooled Liability Committee Meeting

Meeting Date: February 6, 2019

PFAS in Wastewater Treatment Plants

ISSUE: PFOA and PFOS are two of the most common forms of the emerging contaminant known as perfluoroalkyl and polyfluoroalkyl substances (PFAS). Recently, PFAS have caught the attention of regulators and litigants throughout the country.

This collection of chemicals has been utilized in myriad industries for decades, ranging from paper manufacture to wastewater treatment to firefighting at industrial facilities. Some measure of PFAS can be found in every person in the U.S. These compounds are incredibly persistent and provide a remarkably difficult remediation challenge.

On Nov. 10, 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added PFOA and PFOS to “the list of chemicals known to the state to cause reproductive toxicity for purposes of Proposition 65.” This means that, starting November 2018, employers in California with 10 or more employees will be required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to PFOA or PFOS. Complicating matters, the OEHHA implemented a comprehensive overhaul of the “clear and reasonable” benchmark October 2018. Proposition 65 is not limited to warning requirements; it protects drinking water too. Starting July 2019, California businesses will be prohibited from discharging PFOA or PFOS into drinking water sources as well.

Under Proposition 65, the potential liability for the use of ubiquitous chemicals such as PFAS ranges from “serious” to “extreme.” Civil penalties can reach up to $2,500 per violation per day, and Proposition 65 provides private enforcement mechanisms. Proposition 65 can also incentivize lawsuits through attorneys’ fees awards.

In reviewing articles from various law firms on the subject, the consensus appears that litigation is likely on the short-term horizon. Regulators have already undertaken substantial testing of public water supplies in California for PFAS-related compounds, which could support aggressive Proposition 65 claims.

The OEHHA’s position is that it remains the responsibility of regulated parties to determine if a warning is necessary or a discharge is prohibited. The agency has not indicated whether it will impose legacy warning requirements for products that contained PFOA and PFOS before the chemicals were listed. For those products the potential exposures to PFOA and PFOS may continue to the present, even though the product was installed long ago.

RECOMMENDATION: Review and discuss this emerging risk.

FISCAL IMPACT: None at this time.

BACKGROUND: None.

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Page 17: CSRMA2019/02/06  · 450 Walnut Meadows Drive, Oakley, CA 94561 170 Dogwood Lane, Vallejo, CA 94591 450 Ryder Street, Vallejo, CA 94590 DATE: Wednesday, February 6, 2019 LOCATION:

Agenda Item: G.2 Pooled Liability Committee Meeting

Meeting Date: February 6, 2019

CSRMA Risk Control Work Plan for 2019/20 and 2020/21 - Draft

ISSUE: The Chairs of the Workers’ Compensation and Liability Committees form the Risk Control Work Plan Sub-Committee and develop proposed risk control work plan items for the upcoming program year. The recommendations of the Risk Control Work Plan Sub-Committee are then presented to each Committee and their comments are incorporated into the draft Risk Control Work Plan which is then presented to the Executive Board for discussion at the annual Long Range Planning meeting in March.

RECOMMENDATION: Review the attached Risk Control work plan and discuss.

FISCAL IMPACT: None at this time.

BACKGROUND: Each March, CSRMA Risk Control prepares an outline of the initiatives to be undertaken in the coming year to address ongoing and new exposures.

The Executive Board decided in 2016 to formulate the Risk Control Work Plan for two fiscal years each year to better plan for activities that span more than one fiscal year. The attached Risk Control Work Plan is for FY’s 19/20 and 20/21.

ATTACHMENTS: FY’s 19/20 and 20/21 CSRMA Risk Control Work Plan - Draft

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Page 18: CSRMA2019/02/06  · 450 Walnut Meadows Drive, Oakley, CA 94561 170 Dogwood Lane, Vallejo, CA 94591 450 Ryder Street, Vallejo, CA 94590 DATE: Wednesday, February 6, 2019 LOCATION:

California Sanitation Risk Management Authority

~ Risk Control Work P lan 2019/ 20-20/ 21~ Draft 12/11/18

# Existing Task Proposed New Task

Core, Continuing,

or New

Projected Cost Services Provided

By

Notes

1 Update the CSRMA Risk Control Survey Engine every 3 years to reflect regulatory changes, new and emerging exposures and best practices as directed by the Executive Board and the Workers’ Compensation and Pooled Liability Committees.

Administer the CSRMA Risk Control Survey every 3 years to the pooled program members.

Following the deadline to complete the Risk Control Survey, conduct a follow up visit to review deficiencies and recommendations in each member’s risk control survey report. All follow up visits will be completed prior to the administration of the next Risk Control Survey.

Member site visits will be scheduled as member’s complete the Risk Control Survey with priority given to those members scoring the lowest and with the highest x-mod. Visit 15 members/year and: 1. Update the members’ risk control survey

results 2. Provide one training on a topic relevant to

CSRMA’s or the member’s loss history

Note 1: Follow up visits will be selected based on CSRMA Risk Control Survey results with those scoring lowest receiving priority.

5 site visits will be made to members selected by the Executive Board at their August meeting based on consideration of loss history and Risk Control Survey results. These 5 site visits will also include a physical site audit.

No change Core Included in Alliant contract for JPA Admin

Alliant This is more in line with actual practice since implementation of the new risk control survey format and reflects the increase in member requests for on-site training.

This reflects actual practice.

The last page of this document provides a listing of members visited in 2018 and those scheduled through March 2019.

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# Existing Task Proposed New Task

Core, Continuing,

or New

Projected Cost Services Provided

By

Notes

Note 2: The CSRMA Risk Control Survey will be administered electronically via RCO to the entire Pool every 2 years beginning FY 2017/18.

2 Write and distribute 12 monthly editions of the Did You Know e-newsletter.

No change Core Included in Alliant contract for JPA Admin

Alliant These are used to convey risk control and compliance information and to highlight different features/updates available on Risk Control Online

3 Update & distribute the CSRMA Member Contact Directory

No change Core Included in Alliant contract for JPA Admin

Alliant This is used internally for targeted member communications and is also provided to other members for networking and problem-solving purposes. Historically housed on RCO, the Executive Board will be asked where they would like it to reside and whether it needs to be behind a password login at the 3/19 LRP meeting.

4 Provide member hotline service via phone & email

No change Core Included in Alliant contract for JPA Admin

Alliant Approximately 3hours/day is spent responding to member emails/phone calls and researching issues assistance is requested.

5 Advertise and implement the CSRMA Risk Control and Wellness Reimbursement Programs

No change Core Included in Alliant contract for JPA Admin

Alliant

6 Provide annual workers' compensation and pooled liability loss analysis reports to each Committee and Executive Board

No change Core Included in Alliant contract for JPA Admin

Alliant This reflects actual practice

7 Recommend expenditures from the CSRMA Safety Other budget to the Program Administrators that will benefit CSRMA's risk control efforts

No change Core Included in Alliant contract for JPA Admin

Alliant

8 Oversee the annual purchasing & ongoing maintenance of the CSRMA Video Library

No change Core Included in Alliant contract for JPA Admin

Alliant The EB wil be asked to consider discontinuing the video lending library at their January 2019 mtg due to poor utilization and increased training resources available on Target Solutions. If it is retired, CSRMA will realize a~$7k/year savings in the Safety Other budget line item.

9 Administer the CSRMA Workers’ Compensation Excellence award program

No change Core Included in Alliant contract for JPA Admin

Alliant

10 Administer the CSRMA Pooled Liability Program Excellence Award program

No change Core Included in Alliant contract for JPA Admin

Alliant This program, slated for development in 2018/19, was discarded by the PLC and Executive Board in early 2018.

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# Existing Task Proposed New Task

Core, Continuing,

or New

Projected Cost Services Provided

By

Notes

11 Schedule, arrange & provide the following training seminars: a. CASA /CSRMA Risk Management

Seminars 1. Summer 2. Winter b. CSRMA Annual Conference c. A minimum of 6 8 webinars

Addition of annual conference and removal of area trainings

Core Included in Alliant contract for JPA Admin

Alliant Propose increasing the minimum number of webinars to 8 to offset video lending library (see note above)

12 Provide up to 6 training workshops at member locations on risk control topics, excluding CalOSHA & CalEPA regulatory compliance, affecting CSRMA

No change Core Included in Alliant contract for JPA Admin

Alliant These workshops are provided to individual members, regionally and by request at CWEA training events. Typically, more than 6 requests are made per year and are provided, based on availability.

13 Oversee the periodic update of the various CSRMA Risk Control manuals & training programs

No change Core Included in Alliant contract for JPA Admin

Alliant

14 Prepare agenda items for the various CSRMA meetings, as needed

No change Core Included in Alliant contract for JPA Admin

Alliant

15 Oversee the distribution of the CSRMA Well Workplace monthly newsletter

No change Core Included in Alliant contract for JPA Admin

Alliant This is a popular monthly mailing encouraging workplace and personal wellness issues. This supports CSRMA’s risk control efforts targeting soft tissue injuries and health risk factors that can contribute to workplace injuries. CSRMA currently distributes ~800 copies per month.

16 Assist CSRMA with the development of risk control programs, initiatives & trainings to address ongoing and new loss exposures as needed or directed. Past topics addressed include: -Cyber security issues for employees and IT staff

No change Core Included in Alliant contract for JPA Admin

Alliant

17 Oversee the implementation of the CSRMA Workers' Compensation Claims Management Program

No change Core Included in Alliant contract for JPA Admin

Alliant

18 Coordinate with the efforts of the CSRMA Return to Work Consultant

No change Core Included in Alliant contract for JPA Admin

Alliant

19 Provide CSRMA with research/analysis of various risk control topics affecting CSRMA as needed/directed

No change Core Included in Alliant contract for JPA Admin

Alliant

20 Maintain a library of sample risk control materials for distribution to CSRMA as requested

No change Core Included in Alliant contract for JPA Admin

Alliant Members routinely request sample CalOSHA, SWRCB and employment policies to use as the basis for developing their own.

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# Existing Task Proposed New Task

Core, Continuing,

or New

Projected Cost Services Provided

By

Notes

21 Communicate with the CSRMA Program Administrator’s to facilitate the delivery of risk control services

No change Core Included in Alliant contract for JPA Admin

Alliant

22 Prepare an annual 2-year Risk Control Work Plan for presentation to the CSRMA Executive Board at their annual Long Range Planning meeting

No change Core Included in Alliant contract for JPA Admin

Alliant

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Proposed Continuing Risk Control Programs for FY19/20-20/21 # Task Justification Core,

Continuing or New

Projected FY19/20 Costs

Projected FY20/21 Costs

Services Provided By

Notes

23 Update and refresh 10 20 online training modules. Modules targeted for FY 19/20 will be the oldest modules and any requiring an update due to regulatory changes.

CSRMA’s goal is to update and refresh the look and feel of 10 20 out ~110 CSRMA online training modules each year in order to keep them current and maintain interest of the members and subscribers. CSRMA has consistently updated/refreshed 10CBTs/year. At the 2018 LRP, the EB discussed updating 20 each year so that CBTs are updated every 5-7years rather than the current rate of once every 10-12years.

Continuing

$25,000 $40,000 Increase due to increasing from 10 to 20 modules

$40,000

Proposed: DKF Solutions Group

Updated FY18/19: • Dog Bite Prevention • Violence Against Public

Works/Utility Workers • Continuous Rodder

Safety • Traffic Safety • DOT D & A: Drivers • DOT D & A: Supervisors • Manhole Safety • Road Rage • Vacuum Truck Safety • Water Sampling Note: the average update fee has decreased from $2500/module to $2k/module due to DKF doing more programming in-house.

24 Risk Control Reimbursement Continuation of the incentive program created by the Workers’ Compensation Committee in 2009.

Continuing $44,000

$44,000 NA This budget item is fully utilized each year

25 Employee Health Promotion Reimbursement

Continuation of the incentive program created by the Workers’ Compensation Committee in 2009.

Continuing $30,000

$30,000 NA This budget item is fully utilized each year

26 CSRMA’s subscription to SIPE’s web platform and additional programming for CSRMA-developed content in 2015/16.

The subscription fee is an annual fee for CSRMA members to have access to the CSRMA Risk Control web site, which is hosted by SIPE. The additional programming fees are necessary to account for minor programming issues that arise during the year (i.e. programming new reports suggested by members).

Continuing

$0

$0 SIPE: subscription Arclight: Programming KBF Services: Design and programming

RCO is being discontinued ~February 2019.

27 CSRMA’s subscription to Target Solutions and annual maintenance fee

Continuing $84,000 $100,800 Target Solutions

28 Update, manage, provide support and drive utilization for the CSRMA Target Solutions, including instructional webinars and other video tutorials.

This service requires update, member training and oversight to remain useful to the membership.

Continuing

$24,000 $24,000 DKF Solutions

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29 Technical support for RCO and CSRMA-developed content.

The past year has been marked by a substantial increase for the need to have technical support available to RCO and CSRMA-developed tools/resources. SIPE is unable to provide this. KBF Services has provided this service largely at no cost in the past as the need was limited. Due to the increased volume of support requests, KBF Services is charging for their time this FY and going forward.

Continuing

$5,000 $5,000 KBF Services

30 Annual support for Builders (usage and programming)

Continuing $7,600 $7,600 DKF Solutions and AndPlus

Total Projected Cost for Continuing Items: $221,100 (projected March

2018)

Revised amount: $234,600

$251,400

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Proposed New Initiatives for FY19/20-20/21

# Task Justification Core, Continuing

or New

Projected FY19/20 Costs

Projected FY20/21 Costs

Services Provided

By

Notes

31 Develop 10 new web based training modules. Topics envisioned target areas of CSRMA’s highest loss frequency, greatest risk or new regulatory requirements. Topics envisioned for FY18/19 include: • Loader Operation • Customer Service/Dealing

with Difficult People • How to Read A Sewer Map • Pump Station Functions,

Types and Maintenance • Construction Methods (ie

bedding, backfill and asphalt paving)

• Pipeline Locating and Documentation

• Dye Testing • Odor Control • New SSMP Regs • Insurance Requirements in

Contracts

The goal of this annual work plan item is to help ensure members have access to training materials related to CSRMA’s exposures and new regulatory requirements that may impact CSRMA member risks. The topics proposed are not available in a current format. The Ken Kerry training resources for sewer collections are very dated.

Continuing from FYs 16/17 and 17/18

12,500 $35,000 Cost increase from March 2018 projection due to member requests for additional sewer collections training material and the lack of availability from other sources.

$35,000 DKF Solutions Group

FY Year 18/19 costs = $44,000 . DKF has taken a bit of the programming services in house, lowering the average cost per CBT from $4400 to $3500. Topics completed in FY18/19: • New Silica Regulations

Part 1 and Part 2 • NFPA 70E Overview

(2106 edition) • New Crane Operator

Regulatory Requirements • Sewer Cleaning Nozzle

Selection • Easement Maintenance • Manhole Inspection and

Rehab • Conflict Resolution • Cyber Security Basics for

the Layperson • Workplace Violence

32 SMART SOP improvements The following are items that we’ve either recv’d feedback members would like to see or we believe ought to be pursued. Please note this list would take ~$75-$125k to complete. The recommendation is that the list be prioritized and tackled in $15-$25k chunks each year. 1. Duplicate SOPs (create new from

existing) 2. In-app image editing 3. Multi-step draft/edit process (i.e.,

procedures can be passed back and forth between creators and reviewers before publishing final—currently the workflow is Develop

New $0 $25,000

$25,000 DKF Solutions Group and AndPlus

This is direct pass through expense for programming by AndPlus. DKF waives their design and mgt fee. $16,600 was spent in FY 18/19 on the following enhancements: • Add a search function to

the SOP and LOTO screens where the procedures are listed (near the QR scanner button) - 3-6 Workdays - $3,300 - $6,600 (range is based on

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Proposed New Initiatives for FY19/20-20/21

# Task Justification Core, Continuing

or New

Projected FY19/20 Costs

Projected FY20/21 Costs

Services Provided

By

Notes

Draft >> Submit for Approval >> Approve)

4. Search/Filter SOP/LOTO lists 5. Download a certain number of

SOPs for offline viewing 6. Template library (global) 7. Expand help/FAQs on website

and/or in-app 8. Backend administrator

management 9. add/delete users, etc.) 10. Bug fixes and backend

maintenance (performance, security, compatibility, etc.)

how granular you want to get on the search)

• Add a “Duplicate” feature— so a user could select an SOP (or LOTO), make a copy, and then edit it to save as a new SOP/LOTO - 7 workdays - $7,700

• Add a layer of organization so the user could create folders for the SOPs and LOTOs. Basically, one more level above the SOP/LOTO lists. - 3 Workdays - $3,300

• Total for all enhancements:

• Programming: $13,300-$16,600

33 Development of workplace violence prevention/response tools

Ideas from members include: • Active Shooter Training/Guidance

Tailgate Training Materials: $2k • Online training module: $6k • Webinar: $2k • Security Survey Template specific

to a WWTP: $4K

New $14,000 $0 DKF Solutions

Expected to be a one time expense in FY 18/19. Complete

34 Development of Job Hazard Analysis tools.

Purpose: • Address CalOSHA requirements • Address liability issues. • There are several mobile apps in

existence that perform this function.

• Concept: • Review existing apps and

develop a “Buyer’s Guide” for members

• Educate members using a variety of methods:

• Webinar • Publication

New $4,500 $0 DKF Solutions

Expected to be a one time expense in FY 18/19. Complete

35 Convert static tailgate training pdf’s into mobile friendly

Easier to utilize in the field and can be pushed to member devices via SMART SOP.

New $12,500 $0

One time expense unless future CSRMA designed

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Proposed New Initiatives for FY19/20-20/21

# Task Justification Core, Continuing

or New

Projected FY19/20 Costs

Projected FY20/21 Costs

Services Provided

By

Notes

interactive mini-CBTs for use in the field

tailgate materials are developed in this format.

36 Create 12 Just in Time Training Tools (JITTs): Suggested topics to discuss: 1. SSOs and SBUs:

a. SSO Vol Estimation (4 methods)

b. Dealing with customers following an SBU

c. Categorizing SSOs and Reg Reporting to the new SSMP regs

d. Surface Water Sampling (2) 2. Vehicle accident guidance -

what to do and not to say 3. Following an employee injury:

what to do 4. Evaluating and classifying a

Confined Space 5. Class B Pre-Trip inspections 6. BIT Inspections 7. Fall Protection Requirements

Guide

Recently in the news were the results of a study determining why people go to youtube. The top reason was to learn something when they needed to learn it and where they needed to learn it. This is a core principle of Just in Time Training (JITT). With SMART SOP, CSRMA has the ability to push short, targeted instructional tools to members’ SMART SOP account and mobile devices registered under it. Numerous studies have shown that millennials and younger value flexibility in their ability to choose how they access information. As a generation that has grown up with technology, they are quite aware of the capabilities of technology making information accessible on demand and in bite-sized chunks. They also see needing to physically be somewhere to learn as outdated and arbitrary. Also, studies have shown the error rate when people are trying to figure out something new or do something they haven’t in a long time can approach 50%. If the scenario involves an emergency, the error rate approaches 90%. SOPs and JITT’s are tools to reduce these error rates, especially for workers in the field. Members will be able to select the tools they want pushed to their employee devices via SMART SOP.

New $12,000 $0 This is NEW item for the Risk Control Work Plan and is viewed as a one-time expense unless CSRMA believes these should become a CONTINUING item on the work plan each year.

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Proposed New Initiatives for FY19/20-20/21

# Task Justification Core, Continuing

or New

Projected FY19/20 Costs

Projected FY20/21 Costs

Services Provided

By

Notes

37 Physical Demand Calculator: Identify the physical demands for various tasks and identify those tasks placing employees at risk.

This tool provides data that helps match worker and task, identifies tasks that need to redesigned due the soft tissue hazards involved and will help address CSRMA’s #1 type of injury (soft tissue) and the cause (strain/overexertion). Members currently pay Don Freeman $6k to have him evaluate 10 positions. For $10k/year all members would have access to his web application that will provide the same output. For members wanting additional help, members would pay $100/job classification to have Don remotely work the application for them and provide/explain the results.

New $10,000/ year for 3 years

$10,000/ year for 3 years

Occu -Metric

TOTAL $94,500 $70,000

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Work Plan Item as Presented at LRP2018 Approved in FY 18/19 for FY19/20

Proposed FY 19/20 Proposed FY 20/21

Proposed Continuing Risk Control Programs $221,100 $234,600 $251,400 Proposed New Initiatives $12,500 $94,500 $70,000

Total $233,600 $329,100 $321,400 Fiscal history: -FY 08/09 Outside Safety Consultant Budget: $225,000 -FY 09/10 Outside Safety Consultant Budget: $222,000 -FY 10/11 Outside Safety Consultant Budget: $205,000 -FY 11/12 Outside Safety Consultant Budget: $174,000 -FY 12/13 Outside Safety Consultant Budget: $188,600 -FY 13/14 Outside Safety Consultant Budget: $203,000 -FY 14/15 Outside Safety Consultant Budget: $177,500 -FY 15/16 Outside Safety Consultant Budget: $196,500 -FY 16/17 Outside Safety Consultant Budget: $193,000 -FY 17/18 Outside Safety Consultant Budget: $297,550 -FY 18/19 Outside Safety Consultant Budget: $260,800

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Agenda Item: G.3 Pooled Liability Committee Meeting

Meeting Date: February 6, 2019

AB 1825 - Ongoing No Harassment Training for Supervisors and Managers

ISSUE: CSRMA has provided this mandated training for CSRMA members through a contract with EverFi (formerly Workplace Answers) since the law went into effect. The contract is expiring in April of 2019.

Target Solutions has an online module that is AB1825-compliant and is available to CSRMA members as their accounts come online (member driven after April 1, 2019).

Additionally, in 2018, SB1343 was signed into law which expands existing harassment training requirements to lower the private sector employer threshold down to 5 or more employees and to mandate one hour of harassment training for nonsupervisory employees of qualified employers, which includes all public agencies. While the law became effective January 1, 2019, it requires most existing nonsupervisory employees to undergo harassment training by January 1, 2020.

Target Solutions was asked if they will be offering an online course meeting the requirements of SB1343 and they responded that they will be. Additionally, SB 1343 requires the DFEH to develop and make available to employers on its website online, interactive training courses that satisfy the two-hour supervisory and one-hour nonsupervisory training requirements. However, the DFEH’s SB 1343 FAQ sheet (attached) indicates that the DFEH expects to have these courses available by “late 2019”, and it does not provide a more specific date for the release of the online training materials.

RECOMMENDATION: Review and discuss.

FISCAL IMPACT: None at this time.

BACKGROUND: Per Liebert Cassidy Whitmore: Since 2005, Assembly Bill 1825 has required private sector employers with 50 or more employees and all public employers provide two hours of sexual harassment training to supervisory employers within six months of assuming a supervisory position and again at least every two years. This has commonly been referred to as “AB 1825” supervisor harassment training and is codified under Government Code section 12950.1 and interpreted in the Department of Fair Employment and Housing’s (DFEH) regulations at 2 C.C.R. § 11024.

As part of the 2018 Legislative Session, Governor Jerry Brown signed into law Senate Bill 1343, which expands existing harassment training requirements to lower the private sector employer threshold down to 5 or more employees and to mandate one hour of harassment training for nonsupervisory employees of qualified employers, which includes all public agencies. While the law becomes effective January 1, 2019, it requires most existing nonsupervisory employees to

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undergo harassment training by January 1, 2020. In the case of temporary and seasonal employees, such training must be provided within certain timelines after January 1, 2020. To assist employers in satisfying this obligation, SB 1343 also directs the DFEH to develop and make available two interactive, online training courses – a two-hour training for supervisory employees and a one-hour training for nonsupervisory employees. While on the surface, SB 1343 appears to simply expand mandated harassment training requirements to include all nonsupervisory employees, the implementation of this new law has raised a number of questions for employers. Among them, how employers can administer a training program that will comply with the new requirement and whether any previous mandated or optional harassment training provided to employees will satisfy this new law. ATTACHMENT: Sexual Harassment Prevention Training and SB 1343 FAQ

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Sexual Harassment and Abusive Conduct Prevention Training Information for Employers

S.B. 1343 requires that all employers of 5 or more employees provide 1 hour of sexual harassment and abusive conduct prevention training to non-managerial employees and 2 hours of sexual harassment and abusive conduct prevention training to managerial employees once every two years. Existing law requires the trainings to include harassment based on gender identity, gender expression, and sexual orientation and to include practical examples of such harassment and to be provided by trainers or educators with knowledge and expertise in those areas. The bill also requires the Department to produce and post both training courses to its website, which employers may utilize instead of hiring a trainer.

There is no requirement that the 5 employees or contractors work at the same location or that all work or reside in California.

Under the DFEH’s regulations, the definition of “employee” includes full-time, part-time, and temporary employees.

By what date must employees be trained? Both managerial and non-managerial employees must receive training by January 1, 2020. After January 1, 2020, employees must be retrained once every two years. That means that all employees statewide must be retrained by January 1, 2022.

What if my employees were trained between January 1 and December 31, 2018? The law requires that employees be trained during calendar year 2019. Employees who were trained in 2018 or before will need to be retrained.

When will the Department of Fair Employment and Housing’s online training courses be available? S.B. 1343 requires that DFEH make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. DFEH expects to have such trainings available by late 2019. In the interim period, DFEH is offering a sexual harassment and abusive conduct prevention toolkit, including a sample sexual harassment and abusive conduct prevention training. Employers may use the training in conjunction with an eligible trainer to provide sexual harassment and abusive conduct prevention training.

What if my employees are not trained by January 1, 2020? DFEH accepts complaints from employees that their employers have not complied with the law requiring that sexual harassment prevention training be provided. Complaints filed with DFEH after January 1, 2020, regarding an employer’s failure to provide required sexual harassment and abusive conduct prevention training will be reviewed in light of the totality of the

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circumstances, which may include the availability of DFEH’s online training courses or the availability of qualified trainers. If DFEH finds that the law has been violated, it will work with employers to obtain compliance with the law.

What are the laws and regulations governing the sexual harassment and abusive conduct prevention trainings? The law requiring sexual harassment and abusive conduct prevention training is Gov. Code 12950.1. The regulations governing such trainings are 2 CCR 11024.

Does the employer have to pay for sexual harassment abusive conduct prevention training? Does the employer have to provide paid time for such training? California law specifies that, “An employer . . . shall provide” sexual harassment and abusive conduct prevention training. Gov. Code 12950.1(a)-(b). The Department is authorized to seek a court order that “the employer” has not complied with this requirement. Gov. Code 12950.1(f). This language makes clear that it is the employer’s—not the employee’s—responsibility to provide the required training, including any costs that may be incurred. This language also makes clear that employees may not be required to take such training during their personal time; the training must be “provided” by the employer as part of an individual’s employment.

Sexual Harassment and Abusive Conduct Prevention Toolkit

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Not Fade Away

BY M I C H A E L R O B B I N S

Source: Poetry (January 2014)

Half of the Beatles have fallen

and half are yet to fall.

Keith Moon has set. Hank Williams

hasn’t answered yet.

Children sing for Alex Chilton.

Whitney Houston’s left the Hilton.

Hendrix, Guru, Bonham, Janis.

They have a tendency to vanish.

Bolan, Bell, and Boon by car.

How I wonder where they are.

Hell is now Jeff Hanneman’s.

Adam Yauch and three Ramones.

[This space held in reserve

for Zimmerman and Osterberg,

for Bruce and Neil and Keith,

that sere and yellow leaf.]

Johnny Cash and Waylon Jennings,

Stinson, Sterling, Otis Redding.

Johnny Thunders and Joe Strummer,

Ronnie Dio, Donna Summer.

Randy Rhoads and Kurt Cobain,

Patsy Cline and Ronnie Lane.

Poly Styrene, Teena Marie.

Timor mortis conturbat me.

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Home EmploymentPrac�ces

Directors &Officers

Fiduciary Crime Iden�ty Fraud

Kidnap &Ransom

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The Importance Of Investigations And The Perils Of Ignoring Harassment AllegationsBy Leslie Zieren, The McCalmon Group, Inc.

CBS News se�led a lawsuit brought against it by three women who accused the network of not doing enough to stop Charlie Rose from sexually harassing them.

The three women, who were recently employed by either Rose or CBS News, alleged that Rose, an anchor for CBS News, treated them inappropriately when theyworked for him. Some of the women alleged the network knew about Rose's misconduct, but ignored the complaints. One of the women claims she told the execu�veproducer of Rose's show "CBS This Morning" about the harassment.

The financial terms of the se�lement are confiden�al. The women also sued Rose personally, and that lawsuit con�nues. Both CBS News and PBS cut �es with Rose in2017 following the allega�ons of sexual harassment. Nathaniel Popper "CBS Se�les With Women Who Accused Charlie Rose of Sexual Harassment" ny�mes.com (Dec.11, 2018).

Every report of sexual harassment must be inves�gated. It doesn't ma�er who it names as the harasser or who the vic�ms are. It doesn't ma�er if the ini�al reportalleges facts that you may not think are true. It also doesn't ma�er if you think that the allega�ons, even if true, would not rise to the level of sexual harassment underthe law. Ignoring allega�ons of workplace wrongdoing will leave an employer open to liability.

If sexual harassment is observed by you, reported to you, or is the subject of a repeated rumor you hear about, take that informa�on to those in your organiza�on whoare authorized to inves�gate the behavior or to arrange for a third-party inves�ga�on of it.

Don't shy away from inves�ga�ons, thinking they are more trouble than they are worth. They are the founda�on of an employer's defense efforts against a sexualharassment claim.

Some inves�ga�ons will be simple and take very li�le �me. Others, depending upon the number of incidents reported; the number of vic�ms or harassers; the numberof witnesses; and the volume of documentary evidence like texts, emails, notes, le�ers, calendars, etc., will take considerably longer to complete. Whatever �me andeffort are involved in an inves�ga�on, it is an employer's duty to conduct it or to arrange for a third-party inves�ga�on.

Whoever inves�gates, whether an internal employee or an outside third-party inves�gator, must be thorough, objec�ve, and prompt. A skilled inves�gator is someonewho understands the legal underpinnings of a report of wrongdoing; who can communicate about it in such a way as to effec�vely elicit informa�on from the allegedvic�m, witnesses, and the alleged wrongdoer; and who can tes�fy in a legal proceeding in a professional and believable manner.

Why is that important? Because an employer will rely on the factual findings in the inves�gator's report to make a decision as to an appropriate response to the reportof wrongdoing. And, should that response be challenged, the inves�gator will be a poten�al witness in any resul�ng lawsuit. This means the inves�gator must be ableto explain the process of his or her inves�ga�on.

Travelers: EmploymentPrac�ces Liability —Demys�fying ManagementLiability

Addi�onal Resources

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Travelers Travelers Travelers EmpEmpEmp………

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Home EmploymentPrac�ces

Directors &Officers

Fiduciary Crime Iden�ty Fraud

Kidnap &Ransom

CyberRisk

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Ask Leslie: Can I Prohibit Vaping At My Worksite?By Leslie Zieren, The McCalmon Group, Inc.

Dear Leslie:

We have a non-smoking policy, but it doesn't address vaping. Can we modify it to prohibit vaping, too?

Signed: Cheryl

Dear Cheryl:

Yes, you can.

Bans on smoking and smoking products are common, whether the product of an employer's policy or a requirement of a state or local law. These policies and laws areaimed at crea�ng and maintaining a healthy workspace. As of 2017, twelve states and the District of Columbia had added e-cigare�es to their smoke-free laws.

The health perils of smoking for smokers and those exposed to second-hand smoke are well-known. For e-cigare�es, the perils are less well-known; however, thegovernment has warned that e-cigare�e emissions can contain harmful chemicals, including nico�ne and vola�le organic compounds. Children are par�cularlyvulnerable, and nico�ne is always harmful to adolescent brain development. One young man suffered acute respiratory failure from alveolar hemorrhaging caused byhis vaping.

Your employees who vape may try to argue with you that because there is no smoke, like regular cigare�es produce, that there is no need for a ban because of"second-hand" smoke. This is not accurate. A study published in the Interna�onal Journal of Hygiene and Environmental Health found that vaping worsened indoor airquality, specifically by increasing the concentra�on of nico�ne, par�culate ma�er, PAHs and aluminum, which have been linked to lung and heart disease, as well ascancer. Adults with asthma or other chronic breathing issues are also at risk from the vapors.

And, for those who use e-cigs, medical literature reports e-cigare�es cause bronchiectasis, eosinophilic pneumonia, pleural effusion, and possible hypersensi�vitypneumonia.

Bo�om Line: it makes sense to have a smoking policy that includes e-cigare�es.

Jack McCalmon and Leslie Zieren are a�orneys with more than 50 years combined experience assis�ng employers in lowering their risk, including answering ques�ons,like the one above, through the McCalmon Group's Best Prac�ces Help Line. The Best Prac�ce Help Line is a service of The McCalmon Group, Inc. Your organiza�on mayhave access to The Best Prac�ce Help Line or a similar service from another provider at no cost to you or at a discount. For ques�ons about The Best Prac�ce Help Lineor what similar services are available to you via this Pla�orm, call 888.712.7667.

If you have a ques�on that you would like Jack McCalmon or Leslie Zieren to consider for this column, please submit it to [email protected]. Please note that TheMcCalmon Group cannot guarantee that your ques�on will be answered. Answers are based on generally accepted risk management best prac�ces. They are not, andshould not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.

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Addi�onal Resources

Travelers Travelers Travelers EmpEmpEmp………

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Home EmploymentPrac�ces

Directors &Officers

Fiduciary Crime Iden�ty Fraud

Kidnap &Ransom

CyberRisk

Tools to help protect from costly li�ga�on A service provided to Travelers Bond & Specialty Insurance management liability policyholders by The McCalmon Group, Inc.

Knowledge Vault | Control Panel | Site Help Welcome, Myron Leavell Logout

Fake Flash Installers And Cryptojacking: Two Growing ThreatsResearchers at Palo Alto Networks recently discovered a new fake Flash update that infects users' computers with cryptomining malware when installed.

Both cryptojacking and fake Flash installers have become popular with cybercriminals, and this a�ack puts them together.

Researchers have discovered 113 instances of this fake Flash updater infec�ng computers with a cryptocurrency miner called XMRig. XMRig hijacks the vic�m'scomputer power to mine the cryptocurrency Monero in the background.

However, this fake Flash update, unlike others, actually installs the latest version of Flash onto vic�ms' computers. As a result, vic�ms are less likely to realize that thedownload infected their computer with malware. They may think that, because the installer performed its func�on, everything is fine with their system. Brian Barre�"Hack Brief: Fake Adobe Flash Installers Come with a Li�le Malware Bonus" wired.com (Oct. 12, 2018).

Commentary

In the case of the fake Flash installer discussed in the ar�cle, users infected their computers when they clicked on a fake URL link.

Never download new so�ware or a so�ware update in response to an email, pop up, or online ad. Instead, check Adobe’s official website for Flash updates. The sameholds true for all downloads—type in the web address of the official website, rather than clicking on an unknown or suspicious link.

Like fake installers, cryptojacking, where cybercriminals infect users’ computers with cryptomining malware, is also becoming common.

Researchers believe that the cryptomining malware Coinhive has generated $250,000 of Monero (a type of digital currency) for cybercriminals.

If your computer is infected with cryptomining malware, its performance will suffer substan�ally, decreasing your overall produc�vity. Unlike ransomware,cybercriminals put effort into keeping mining malware hidden. Cryptojacking is most effec�ve when users do not know that their computer is compromised. Therefore,users cannot rely on obvious signs to no�fy them of an infec�on.

Pay close a�en�on to how your system is performing in order to spot cryptomining malware. If you no�ce a slowdown in performance, such as execu�ng tasks takinglonger than normal, it could be a sign of cryptojacking.

On Windows, open Task Manager. On a Mac, open Finder-Applica�ons-U�li�es-Ac�vity Monitor. Should you see a spike in CPU usage when visi�ng a website thatshouldn’t be taxing your computer or if everything is closed but your CPU usage is really high, have a professional check for crypto mining malware.

Scan your computer for viruses and malware using your security so�ware. Remove any suspicious or unknown programs on your computer.

Travelers: ID Fraud ExpenseReimbursement —Demys�fying ManagementLiability

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H.4

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CSRMA MEETING CALENDAR 2019JANUARY FEBRUARY MARCH APRIL

CSRMA EB - WED - 23 CSRMA LIAB (TC) - WED - 6 CSRMA LRP - SUN - TUE - 10, 11, 12 CSRMA EB (TC) - THUR - 18CSRMA BD - THUR - 24 CSRMA WC - TUES - 19 CSRMA OC - THUR - 28 CSRMA FIN - MON - 22

CASA January 23-26 Palm Springs CASA Feb 25-27 Washington DC

MAY JUNE JULY AUGUSTCSRMA LIAB (TC) - WED - 8 CSRMA EB - FRI - 7 CSRMA OC - TUES - 16 CSRMA EB - WED - 21CSRMA OC - TUES - 14 CSRMA BD - THUR - 22CSRMA WC - WED - 22

CASA August 21-23 San DiegoCSRMA CONFERENCE May 7

Oakland

SEPTEMBER OCTOBER NOVEMBER DECEMBERCSRMA OC - FRI - 20 CSRMA EB - FRI - 4 CSRMA FIN - MON - 4 CSRMA EB - MON - 2CSRMA LIAB - WED - 18 CSRMA WC - WED - 23 CSRMA LIAB - WED - 6 CSRMA OC - THUR - 12

CSRMA OC - FRI - 8

CAJPA September 10-13South Lake Tahoe

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H.5

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G:\Share\CLIENT\jpa\CSRMA\Admin\CSRMA Organizational Chart - 01.30.19.docx 1/30/2019

CSRMA Board of Directors

58 Members

Executive Board Greg Baatrup, Fairfield-Suisun SD (President)

Craig Murray, Carpinteria SD (Vice President)

Ed Oyama, West Valley Sanitation District

Roland Williams, Castro Valley SD

Sandeep Karkal, Novato SD

Betty Burnett, South Orange County Wastewater Authority

Jason Dow, Central Marin Sanitation Agency

Steve Wagner, Goleta SD (Alternate)

Officers Committee

Greg Baatrup

Craig Murray

Secretary

George Emerson

Finance Committee

Jason Warner, Chair

Richard Duffey

Helen Gaumann

Matt Anderson

Treasurer-Auditor

Jason Warner

Program Management Alliant Insurance Services, Inc.

JPA Administration & Insurance

Dennis Mulqueeney

Seth Cole

Myron Leavell

Marilyn Schley

P.J. Skarlanic

Rosanna Der

Thary Ou

Tevea Him

Phuntsok Gaphel

Loss Control Services

David Patzer, Risk Management Solutions CSRMA Risk Control Advisor

Heather Truro, HT Consulting Return to Work Consultant

Accounting

Tami Giovanni

Legal Counsel

Byrne Conley, Esq. Gibbons & Conley

Coverage Counsel

Alan Swerdlow, Esq. Boornazian, Jensen &

Garthe

Claims

Yumi Augustus Carl Warren & Co.

Financial Auditor

David Becker James Marta & Company

Claims

Chris Richard York Insurance Services, Inc.

Pooled Liability Program Committee

Jason Dow, Central Marin Sanitation Agency, Chair

Michelle Gallardo, Dublin-San Ramon SD

Jeff Palmer, Ojai Valley SD

Jon Newby, West Valley SD

Chad Davisson, Ironhouse SD

Melissa Morton, Vallejo Flood and Wastewater District (Alternate)

Workers’ Compensation Program Committee

Craig Murray, Carpinteria SD, Chair

Blake Tresan, Truckee SD

LeeAnn Warchol, Encina WA

Steve Wagner, Goleta SD

Ben Munoz, Selma-Kingsburg-Fowler SD

VACANT (Alternate)

Financial Advisor

Monique Spyke PFM Asset Management

LLC

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CSRMA California Sanitation Risk Management Authority

Service Team

Dennis Mulqueeney Senior Vice President

JPA Manager (415) 403-1421

[email protected]

Seth Cole Senior Vice President

Assistant JPA Manager (415) 403-1419

[email protected]

Tami Giovanni Accounting

(925) [email protected]

Thary Ou Asst. Account Manager

Account Support Services (415) [email protected]

Myron Leavell Account Executive JPA / Insurance Administration (415) 403-1404

[email protected]

Marilyn Schley Account Manager

Insurance Administration (415) 403-1432

[email protected]

David Patzer Risk Control Advisor

Risk Control Consulting Services

(707) [email protected]

Tevea Him Account Manager

Administrative Support Services (415) 403-1416

[email protected]

P.J. Skarlanic Vice President

JPA / Insurance Administration (415) 403-1455

[email protected]

Phuntsok Gaphel Account Manager

Accounting Support Services (415) 403-1447

[email protected]

Rosanna Der Account Manager

Account Support Services (415) 403-1461

[email protected]

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