THE ONTARIO SCHOOL BOARDS’ INSURANCE EXCHANGE
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Vol 26 | No 2 | June 2015
CEO’s Financial
Update
T
he first quarter has generated great financial results
for OSBIE with operating surplus of $4.2 million. While
claims experience is similar to the first quarter of 2014, and
remains below budgeted expectations, our investment income
in the first quarter has had the greatest impact to our bottom
line. $3.4 million in investment income to date is well above
budgeted expectations.
INSIDE
THIS
EDITION…
1
CEO’s Financial
Update
As at March 31 , OSBIE’s Guarantee Fund sits at just over
$102 million, and continues to affirm our financial strength.
st
The following abbreviated Statement of Operations outlines current income and expenses compared to budget.
OSBIE STATEMENT OF OPERATIONS
For period ended March 31, 2015 with budget comparative
Revenue
Gross Premiums
Less Reinsurance Premiums
Unearned Prem Res Chg
Net Premiums Earned
2015
Actual
$
2015
Budget
$
43,874,971
-2,279,669
-31,327,618
10,267,684
44,094,609
-2,105,613
-31,652,473
10,336,523
8,557,707
1,112,746
10,191,814
1,017,702
597,231
3,674,454
1,443,146
5,714,831
96,648,514
102,363,344
-872,993
988,476
Expenses
Claims Incurred
Administration Expenses
Underwriting Income (loss) before
undernoted
Investment and Other Income
Other Comprehensive Income 2015
Total Guarantee Fund appreciation
Guarantee Fund (beginning of year)
Guarantee Fund, March 31, 2015
Jim Sami, CEO and Attorney-in-Fact
Summer is Hot Work
Time
2
Playground Rules
Reduce Injury Risk
Natural Playground
Web-cast Video Link
Now Available
3
From The Courts
4
Portable Soccer Net
Safety Tips
5
Cyber Breach Liability
Risk Management
Tips
Summer is Hot
Work Time
A
s construction season nears, I wanted to take the
opportunity to remind our members that OSBIE has
Hot Work Permits available at no charge!
6
Staff Use of Exercise
Rooms
We also produce Hot Work Permit Wall Kits, which can be
displayed in a central location at the school (i.e. main office or
custodial office), or at the board office (i.e. Facilities Department). The kit has an eye-catching design and serves both
as storage for your supply of blank and used permits, as well
as a display to indicate that hot work has been authorized
and is in progress.
7
OSBIE Staff Service
Announcements
For orders, please contact Allison Palis at:
[email protected].
Risk Management
Seminar – Mark Your
Calendar!!
© iStock.com/Oleona (welding tools); © iStock.com/Kenishirotie (beach)
Evolving to the Ultimate Benefit of Subscribers
March 2015
www.osbie.on.ca
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Playground Rules Reduce Injury
Risk
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Each school should
be encouraged to
tailor them to meet
local needs, unique
equipment and
conditions on their
site.
W
hile the end of the school year will mean school yards will be empty over the coming months, this may be a good time to review
the playground rules and prepare for the coming school year in September.
The following examples of playground rules should be refined to suit local school needs. Teachers, students and volunteer supervisors
should be introduced to these rules with periodic reminders - e.g. September, January and March.
General Rules
yyNo pushing.
yyNo running around play structures.
yyTake turns.
yyNo fighting.
yyIn case of injury - DO NOT MOVE THE PERSON. Report to supervisor immediately.
yyNo throwing sticks, stones or other objects.
yyNo eating while on playground equipment.
yyPlayground equipment is off limits during rainy, snowy or icy weather.
yySkipping ropes, ropes or strings are not permitted on playground equipment.
yyNo scarves or loose drawstrings are permitted on playground equipment.
yySet rules for specific pieces of play equipment - define maximum number of students, and age levels permitted.
yyTrain teachers, volunteer supervisors and the students about the playground rules. Reinforce.
yyNo bicycle helmets on play structure.
These rules can be used as a template, and each school should be encouraged to tailor them to meet local needs, unique equipment
and conditions on their site.
Naturalized Playspaces and
Common Sense – Recorded Webcast Now
Available
n April 9, 2015 Peter Kells of Grace-Kells Consultants presented a webcast on the topic of natural play spaces.
Missed the live event? View it here: https://www.youtube.com/watch?v=OlTMHXg1aUY
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Missed the live event?
Click the link to view
the recorded session.
Session Description
This presentation explores the benefits and issues associated with naturalized play spaces. Practical examples of how to build sustainable
environments with good play value are discussed.
The following topics are discussed:
yyPlay value
yyCompliance to standards and current regulations
yyMaintenance
yySustainability
Duration: Approx. 40 minutes
June 2015
www.osbie.on.ca
2
From the Courts
Case # 1 - Student Breaking Rules Does Not Relieve Liability
In a recent (2014) British Columbia injury case (Paquette v. Surrey
School District No.36) the Court ruled that even if a student breaks
safety rules set by the school or the school board, the student does
not assume full liability for his/her injuries.
In this case, the 7 year old student (Owen Paquette) and another
student climbed a nearby tree and got onto the roof of the school
after hours. They both admitted that they were fully aware that they
were not allowed on the roof. When they were spotted on the roof
by the Vice Principal, who immediately ordered them to get off the
roof, in haste to get down, and in fear of being in trouble, Owen fell
approximately 20 feet onto a concrete stairwell and suffered major
injuries from the fall.
The court case that followed centered around the School Board’s
liability for the injuries, with the Board’s position being that they had
no way of knowing that the adjacent tree could be used by children
to access the roof of the school. The Court, however, found that
the presence of the tree adjacent to the roof made using it to climb
onto the roof foreseeable, and that the School Board had failed to
monitor whether the tree was an access point. The Court found the
school board 75% liable and assessed the remaining 25% responsibility to rest with the child.
The Court added that: “Owen was a 12 year-old boy. Children act
impulsively, with little forethought about the consequences of their
actions and with limited insight. Put more simply, reasonable people
foresee that children can and often do stupid things that are dangerous even when they know they shouldn’t.”
For more information on the Court ruling, click on: www.macleanpersonalinjury.com/child-injured-at-surrey-school-wins-lawsuit/
Case # 2 – Post-Loss Actions DO Matter
(This article was reprinted from the OSBIE Blog Posted April 14,
2015)
A recent jury decision involving a sexual assault claim reinforced
that School Boards must be mindful that post event actions may
have ramifications in determining whether a School Board is legally liable for a plaintiff’s injury. School Boards must have and be
cognizant of and vigilant in adhering to their best practices and
procedures regarding the investigation, reporting and documentation of sexual assaults.
In this case the developmentally challenged plaintiff was on the
way from her classroom to her bus following afternoon dismissal
when she was sexually assaulted by another developmentally challenged student.
Plaintiff counsel’s liability argument against the School Board was
two-fold:
First, the school staff’s failure to adequately supervise and or
accompany the developmentally challenged students from the
classroom to the bus loading area made it possible for the male
student to commit the sexual assault causing injury to the plaintiff.
In respect to this argument it was incumbent on the plaintiff to establish that the classroom teacher’s decision allowing students to
travel from the classroom to the school bus area unsupervised fell
below the appropriate standard of care.
The purpose of the School to Work Program was to foster independence so as to enable the students to function more independently
in the community and function in an employment situation. Defence
counsel opined that a jury would likely conclude that, notwithstanding the fact that the plaintiff did suffer some developmental delays, a
careful and prudent parent would not hesitate to allow her to travel
from the classroom to the school bus loading area without direct
supervision. Ultimately the jury found that the School Board met the
appropriate standard of care in respect to supervision.
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The Court, however,
found that the
presence of the tree
adjacent to the roof
made using it to
climb onto the roof
foreseeable, and that
the School Board
had failed to monitor
whether the tree was
an access point.
Plaintiff counsel’s second argument was that after discovering the
sexual assault, Board employees failed to abide by their applicable policies and procedures. Plaintiff counsel contended that the
school’s post incident disregard for policy and procedures was a
systemic failure demonstrating indifference towards the Board’s
obligation to protect students. It was alleged that the failure was
degrading to the plaintiff and her mother and demonstrated “reckless indifference” by exposing other students to harm. In addition,
the Board’s failure to comply precluded them from reviewing their
own policies or taking any lessons from the event in order to prevent
a similar assault from happening in the future.
The jury ascribed liability to the school board on the basis of plaintiff
counsel’s second argument. While the jury found the board’s actions
(duty/breach) had no causal connection with the event itself, the jury
found a causal connection between the actions of the board post
event (failed to meet their own policies) led to the aggravation of
the injury and thus found liability and awarded damages which we
were unable to appeal.
The lessons here are that the Board should have adequate policies/
protocols for dealing with the event and that the Board should follow
their policies as failure to do so can lead to such result.
Mark Cunliffe, Risk Analyst
3
June 2015
www.osbie.on.ca
Portable Soccer Net Safety Tips
W
ith warm weather finally upon us, soccer leagues of all kinds will be active again, whether organized by schools or as part of
Community User Groups using school premises. With this activity comes the tipping hazard and injury/fatality risk associated
with portable soccer goal nets which all coaches and equipment users should be reminded of.
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Portable soccer goals
are an attractive
nuisance for students
or visiting children
as many see them as
a climbing structure
and will hang from
the cross bar. Such
activities can result in
the structure tipping
over as body weight
shifts the posts centre
of gravity.
The following article on preventing tipping risks appeared in the Fall, 2012 edition of the newsletter “Risk 101”, a publication of the British
Columbia University, College & Institute Protection Program (UCIPP), and is reprinted with permission:
This article outlines the main risks and what has to be done to minimize these risks both in and out of soccer season.
The speed of falling goal posts can pose a serious risk of injury or even a possible fatality for students, teachers, visiting children
or members of the public. Over the years we (UCIPP) have dealt with many enquiries with regards to this risk, and we have
received an increased number of enquiries following an unfortunate fatal accident, which was subsequently reported to the press.
Statistics from the US Consumer Product Safety Commission have shown over 35 deaths recorded since 1979 as a result of soccer goals falling over. These figures are based on both homemade and professionally manufactured goal posts. In Canada there
have also been a number of fatalities in recent years.
The main identified risks:
yyPortable soccer goals are an attractive nuisance for students or visiting children as many see them as a climbing structure
and will hang from the cross bar. Such activities can result in the structure tipping over as body weight shifts the posts centre
of gravity.
yyPoor maintenance, storage or installation can increase the risk of failure.
A number of people, either as spectator, or as a participant have been injured or killed by falling goal posts.
To reduce the likelihood of such injuries:
Secure:
yyThe goals must be securely anchored and counter weighted in line with CSA standards and manufacturers guidelines;
yyAlways install the posts on a flat, level field;
yyEnsure labelling is fully visible as an instruction for the future;
yyHomemade goal posts should not be used as they are not tried and tested from a safety perspective.
Supervision:
yyWhilst in use, adequate supervision should be in place;
yyImmediately discourage any climbing activity.
Storage:
yyWhen not in use, remove netting to discourage climbing;
yyWhilst not in use, goals can be chained to nearby sturdy structures;
yyOut of season the goals should be dismantled for storage;
yySpecial care should be taken when either moving or reassembling posts after storage.
Maintenance:
yyAfter correct installation, a regular maintenance policy is needed for both wear and tear and one off occurrences such as
vandalism;
yyCheck and test all connecting hardware before use;
yyAny damaged or missing parts, padding or fasteners should be immediately replaced before use.
(Reprinted with permission from “Risk 101”, a publication of the British Columbia University, College and Institute Protection
Program (UCIPP))
June 2015
www.osbie.on.ca
4
Cyber Concerns for Education
Institutes
O
n May 14th, 2015 OSBIE’s Cyber Insurance Members were given the opportunity to attend a free webcast session. OSBIE, with
our partner AIG, offered a general welcome webcast on the subject of Cyber Concerns for Education Institutes.
The session was hosted by an expert in the field of cyber security from the U.S. who has worked with many school districts and postsecondary campuses.
The main purpose of the session was to offer an environment for our members to start an internal dialogue around these issues. We
wanted to take the opportunity to share some of the content with our members.
Information Security Principles
1.Information Security is more than just IT
2.Your program must be holistic
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The main purpose
of the session was to
offer an environment
for our members
to start an internal
dialogue around these
issues.
3.Senior management has to drive
4.It includes everyone
5.Communicate. Educate. Train. Iterate
6.You can’t get in trouble for things you don’t have!
The final slide of the presentation was titled “Action Items” and provides a very basic frame work for any organization to start or continue
their cyber security “to do” list.
yyPerform a data inventory – where is your sensitive information?
yyPut someone in charge
yyGet rid of information you don’t need!
yyBe vigilant about where information is stored
yyUse encryption
yyPractice incident response before something happens
As more and more of our business operations turn digital and with new advancements being created everyday review of the board’s
strategic direction or "risk assessment" of this area must be as robust.
Julie Welsh, Risk Management Program Coordinator
Risk Management Seminar 2015 –
Save the Date!!
T
he agenda for the Risk Management Seminar is pretty much finalized and before everyone heads out for summer holidays, we
wanted to remind you to hold the date on your calendar.
This year’s seminar will be held on Thursday, October 29, 2015 at the Sheraton Airport Hotel, in Toronto.
Plenary Speaker Back by Popular Demand!
If you attended last year’s Risk Management Seminar you will no doubt remember our Plenary Speaker Linda Duxbury’s, presentation
on the changing demographics of the labour market. Well… she’s agreed to come back to tackle an equally important issue which affects
so many – Mental Health. We are thrilled, as this session is sure to be thought provoking and informative; presented in Linda’s trademark
“no nonsense” style.
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This year’s seminar
will be held on
Thursday, October 29,
2015 at the Sheraton
Airport Hotel, in
Toronto.
June 2015
www.osbie.on.ca
OSBIE continues with Organizational Track for Human Resources and Superintendents!
Linda Duxbury will again offer a concurrent session as part of the new Organizational Track on the issue of Mental Health as it affects
school boards as an organization. Two other sessions will also be offered to complete a full day of learning for these groups.
Risk Management Track for Educator, Claims/Legal Track and Facilities/Maintenance Track will continue to offer focused sessions as it
relates to risk management for these specific areas of the school boards’ operations.
Some of the other topics will include:
yyAn Educators’ Guide to the Digital World
yySchool Emergency – Reputation Booster or Buster?
yyManaging Resistive Behaviour
yyClimate Change
yyFire Safety from Ontario Fire Marshalls’ Office
yyThe Examination for Discovery Process
yySchool Board Cyber Claims
yySocial Media in the Workplace (Employer Liability Issues)
Watch for more information! Official registration opens the first week of September. Sign up for the OSBIE Blog at http://osbie.on.ca/blog/
and receive an early bird invitation to register.
Julie Welsh, Risk Management Program Coordinator
Weight Room/Fitness Safety
A
s the promotion of physical fitness programs for staff continues to grow, here are a few risk management tips related to the issue
of allowing staff to use exercise and weight rooms on school premises:
1. All fitness equipment should be regularly inspected to ensure it is in good condition. Broken or defective equipment should be reported
to a designated resource, such as the Physical Education teacher or the principal, or whoever has the responsibility for the equipment
in the building.
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If allowing the general
public to use your
facilities outside
school hours, refer to
your school board’s
Community Use of
Schools protocol.
2.Post any local rules related to specific types of equipment, or the use of the exercise area in general. Advise users that the equipment
facility is unsupervised, if that is the case.
3.Recommend the “buddy system” in case someone is injured or experiences an emergency while working out.
4.Set defined hours when the facility is available for staff use.
5.Define who is permitted to use the facility – allowing children and extended family members of staff members to use your facilities
increases the school board’s exposure to an injury.
6. If allowing the general public to use your facilities outside school hours, refer to your school board’s Community Use of Schools protocol.
7. Consider having staff participants sign properly worded waivers outlining the inherent risk and medical issues that they can be exposed
to while using the equipment.
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June 2015
www.osbie.on.ca
6
OSBIE Staff Service Announcements
5 Year Anniversary
OSBIE would like to congratulate Kim Chambers for her 5 year anniversary during May 2015. Kim started her career with OSBIE as a
Claims Administrative Assistant in 2010, and is currently working as a Claims Examiner. She is enjoying her new role in the Claims department and is actively pursuing her Chartered Insurance Professional (CIP) designation. Congratulations!!!!
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Retirement Announcement
25 Year Anniversary
Please join us in extending best wishes
to Sue Morrell, Senior
Claims Examiner.
OSBIE would like to recognize David Beal, Director of Risk Management for achieving his
25 year service award.
After 24 years of service
with OSBIE and many
more previously with the
Co-operators, Sue announced that she will be
retiring this September.
Dave began his career
at OSBIE in May, 1990
as employee # 0003,
just after the formation
of the reciprocal. He
has been instrumental in
bringing the concepts of risk management to our member school
boards by promoting an awareness of the unique risks faced by
our members and creating customized risk management programs
and resources to address these risks to help School Boards create
a safer environment and to reduce frequency of losses. Most notably, Dave was instrumental in the formation of OSBIE’s Human
Element Loss Prevention Program in 1999 which continues to be
embraced by our members as an effective tool to assist School
Boards in improving the quality of their Risk Profile.
Sue joined OSBIE on
April 1, 1991 as a Claims Examiner. She attained her Chartered
Insurance Professional designation. Several claims staff had the
pleasure of being colleagues of Sue prior to OSBIE.
Dave has cultivated this one-of-a-kind position in the province of
Ontario which has been 25 years in the making, and he has
proven himself to evolve with the times at every turn, embracing
technology and assisting other like-minded
entities throughout Canada – and as Dave
would say “not too bad
for an old guy!”
Please join us in wishing
Sue both good health
and happiness in her
well-deserved retirement years.
Congratulations Dave
for all your hard work,
dedication and your significant contributions to
OSBIE over the years.
Congratulations to
Kim, Dave and Sue
for all your hard
work, dedication
and your significant
contributions to
OSBIE over the years.
Everyone who worked with Sue over the years know of her expertise, knowledge and empathy in managing her responsibilities. She
is a valued member of OSBIE and will be missed by co-workers,
members and service providers alike.
Sue is looking forward to spending more time with family, particularly her grandchildren and travelling. Sue is an avid walker and
participates in a weekly walking club and walking marathons.
A celebration of Sue’s
career will be held in
September (more information to follow).
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June 2015