HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE? Sara R. Stevenson, ARM-P Risk Manager, Washington County October 3, 2013

Good risk management… …is more important than ever! Leverage the possibility of a “Clarke” or federal claim to motivate others to act! Prevention is cheap (claims are not)!

Avoid Employment Claims Develop and enforce policies consistently Develop and enforce policies consistently Develop written, up to date job descriptions with accurate EJFs Develop written, up to date job descriptions with accurate EJFs Hire the right person for the job Hire the right person for the job Train employees and supervisors Train employees and supervisors Investigate all complaints Investigate all complaints

Manage Your Fleet Risks Develop and enforce policies around driving on public entity business Develop and enforce policies around driving on public entity business Offer/require defensive driving classes Offer/require defensive driving classes Check for proper, valid licensing and acceptable driving records Check for proper, valid licensing and acceptable driving records

Review Coverage and Limits Ensure your insurance limits are adequate Ensure your insurance limits are adequate Review and understand your coverage Review and understand your coverage Review and understand the exclusions Review and understand the exclusions

Transfer Risk to Contractors (“Agents”) Require contractors to “defend and indemnify” Require contractors to “defend and indemnify” Develop written standard insurance requirements for contractors Develop written standard insurance requirements for contractors Require contractors to maintain the appropriate coverage types and limits. Require contractors to maintain the appropriate coverage types and limits. Develop a process for ensuring compliance Develop a process for ensuring compliance

Work with Legal Counsel Consider developing guidelines for employees in “anticipation of litigation” Consider developing guidelines for employees in “anticipation of litigation” Take full advantage of all defenses and immunities under state and federal law Take full advantage of all defenses and immunities under state and federal law

Taking these steps up front will ensure that even if the entity is subject to a high damage claim, it will be prepared and sufficiently protected.