Jessica Brodey September 16, 2009 AT Conference on Reutilization
What is liability? How do I mitigate liability? Where do I start? Utilize Resources Insurance Policies and Procedures
Liability means legal responsibility for actions or activities (and any problems or injuries that arise from those actions or activities). Legal responsibility can result in expenses – the costs for repairing or fixing, litigation, or damages. Affect reputation. Unhappy consumers = claims of liability
Insurance Develop organizational structure/staffing Identify reuse activities Create Policies and Procedures
Who will you insure? For what activities? Activities must reflect/be consistent with your coverage Types of insurance: ◦ Directors & Officers ◦ Key Person Insurance ◦ Employees ◦ Volunteers ◦ Car/Driver ◦ Facilities ◦ Inventory ◦ Activities ◦ Property
Determine appropriate organizational structure (corporation, sole proprietorship, 501(c)(3)) Independent or affiliated? Identify staffing needs ◦ Employees ◦ Volunteers ◦ Contractors/Partners
Exchange Reassign/Redistribute Refurbish Recycle Narrow the scope – start small and build
Topic Overview: ◦ Define policies and procedures ◦ Why should we care about policies and procedures? ◦ Utilize resources ◦ Prioritize policies and procedures
Policies: ◦ High-level guidelines. ◦ A policy is a plan of action to guide decisions and actions. ◦ Provide ground rules for effective interactions. ◦ Reflect high-risk areas of care. ◦ Policies are usually based upon accepted, well- defined norms/standards of practice. Norms/standards articulate what is done, who is served, and what resources are needed.
Procedures: ◦ Procedures delineate the processes and activities necessary to implement policies; in other words, the day-to-day operations. ◦ Procedures are usually based on professional guidelines when they are available. ◦ Procedures provide step-by-step guidance for basic organizational activities (e.g., client intake, santization, delivery of products).
Means to mitigate liability Provide a structure to ensure practices are performed appropriately Safeguard to avoid mistakes Guidelines for accountability Help with continuity Presumption that you “did it right.”
Affiliated with a broader organization or an umbrella organization? ◦ University ◦ Government Agency ◦ 501(c)(3) ◦ Partner ◦ Board members
Policies and procedures are constantly evolving and ongoing – cannot ever get them “perfect.” ◦ Always room for improvement ◦ Always additional things to be added ◦ Programs are always growing and changing Identify which of the categories are most “critical” to the core operations of your program Identify which of the categories pose the most risk/exposure for your program
Organizational Structure Governance & Management Insurance Consumer Involvement Human Resources Finance and Accounting User Services Program Operations Marketing and Public Relations Outcomes Partners/Collaboration Sustainability Disaster Preparedness
High Priority ◦ User Services ◦ Program Operations ◦ Insurance Moderate Priority ◦ Organizational Structure ◦ Governance & Management ◦ Consumer Involvement ◦ Human Resources ◦ Finance and Accounting ◦ Marketing and Public Relations ◦ Partners/Collaboration ◦ Sustainability Low Priority ◦ Outcomes ◦ Disaster Preparedness
User Services ◦ Client Intake ◦ Equipment Matching ◦ Training ◦ Technical Assistance ◦ Delivery ◦ Follow Up ◦ Website Operations Program Operation ◦ Facilities ◦ Acquisitions/Donations ◦ Inventory Management ◦ Evaluation ◦ Repairing/Refurbishing ◦ Sanitization ◦ Storage ◦ Distribution/Transportation of Equipment ◦ Disposal/Recycling ◦ Website Operations
View Policies and Procedures as your road map to success Liability issues are a series of questions you need to answer – What, When, How, Why, Where, Who. Addressing these questions will become your road map for operating your program.
Start slow – it is better to delay providing services and get the planning and structure in place. Insurance coverage is critical. Address organizational structure/staffing. Focus on activities ◦ Pick one ◦ Break it down into parts – think Who, What, When, Where, How and Why. ◦ Write it all out on paper.
Jessica Brodey JMB Policy Consulting (301)