The Risk Management Committee, consisting of the Assistant City Manager, Finance Director and Assistant City Attorney, shall review all on-the-job accidents and may convene as the Accident Review Board (ARB) to (1) determine the cause of the accident; (2) determine what could have been done to prevent the accident; (3) recommend what should be done to prevent a similar accident from occurring in the future; and (4) recommend remedial training and/or discipline to the Department Director and City Manager.
The Risk Management Committee shall convene an ARB:
(1) If an accident involves bodily injury or the resulting property damage is estimated to exceed the amount set by state law for a reportable accident, and the accident may have been preventable, as determined by the Risk Management Committee. In this case the ARB will meet together with the involved employee and their department director. The department director responsible for the employee involved in the accident will sit as a non-voting, temporary member of the ARB and will chair the board during the ARB meeting.
(2) If an accident involves no bodily injury and estimated property damages are less than the amount set by state law for a reportable accident, and the accident is considered to be preventable by the Risk Management Committee. However, in this case the ARB may not require the attendance of the employee involved in the accident, and may only require attendance of the department director and supervisors. In cases where the department has already thoroughly investigated the accident to the satisfaction of the Risk Management Committee and taken disciplinary action, the committee may or may not recommend an ARB.
Accidents that are considered by the Risk Management Committee to be non-preventable shall not require an ARB meeting unless directed by the City Manager. To expedite the scheduling of ARB meetings, the Assistant City Manager may in his/her sole judgement determine that an ARB meeting should be held in cases where he/she believes an occurrence is clearly preventable.
Scheduling an ARB Meeting
The Management Services department will schedule an ARB meeting with the Department Director. If the employee involved in the accident is required to attend, he or she will be notified of the meeting by the Department Director, and told that they may present information regarding the accident.
Invitation of Other Persons to the ARB Meeting
The Risk Management Committee, Department Director or involved employee may invite others to attend the meeting for the purpose of presenting information. For example, the officer who prepared the report of the accident or the employee's supervisor or co-worker may be asked to attend the meeting to review the facts and their evaluation of the accident.
The Risk Management Analyst will serve as secretary to the Board.
Determinations to be made by the ARB
Following the review of the information, the ARB shall determine the following:
a. The cause of the accident,
b. Whether or not the employee could have reasonably avoided the accident,
c. Whether the employee was following safety policies,
d. How similar accidents may be prevented in the future, and
e. Whether or not remedial training and/or discipline is appropriate and, if so, what the recommended training and/or discipline should be.
Written Notification of ARB Findings and Recommendations
A written record summarizing the ARB's findings and recommendations will be prepared by the Risk Management Analyst. A copy shall be sent to the Department Director and the City Manager. The City Manager will indicate in writing approval or disapproval of the recommendations and return the document to the Risk Management Analyst for filing.
Disciplinary Action and Remedial Training
The ARB may recommend disciplinary action or remedial training to the Department Director and the City Manager.
If the department director disagrees with the ARB's recommendation, he or she may request a meeting with the City Manager to present his or her views. The City Manager will then make the final determination.
Any disciplinary action taken shall be implemented in strict accordance with the City's Disciplinary Action Policy (See #3801). The employee's department director will be responsible for administering any remedial training in accordance with City policy.