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HomeMy WebLinkAbout04.c. Fiscal Year 2018-19 Risk Management Annual Report Page 1 of 33 Item 4.c. CENTRAL SAN October 22, 2019 TO: FINANCE COMMITTEE FROM: SHARI DEUTSCH, RISK MANAGEMENT ADMINISTRATOR REVIEWED BY: PHILIP LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION ROGER S. BAILEY, GENERAL MANAGER SUBJECT: FISCAL YEAR 2018-19 RISK MANAGEMENT ANNUAL REPORT Attached is the Fiscal Year 2018-19 Risk Management Annual Report. ATTACHMENTS: 1. FY 2018-19 Risk Management Annual Report October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 131 of 168 Page 2 of 33 "ICENTRALSAN Risk Management Division Annual Report Fiscal Year 2018-19 _ _- - — - October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 132 of 168 Page 3 of 33 INTRODUCTION I am pleased to present the Risk Management Division Fiscal Year (FY) 2018-19 Annual Report. Risk Management's purpose is to protect Central San from unexpected loss or damage, and to minimize the impact of the adverse events that occur. This requires Risk Management staff to be both proactive and maintain a constant state of readiness. The following report details some of the ways we've met that challenge. Risk Management also plays a role in helping Central San meet its strategic goals. Each section of this report references the FY 2018-20 Strategic Plan goals that it supports. In addition to the items discussed in this report, Risk Management does a number of things to protect Central San that aren't as apparent. Examples of these services include pre-bid risk assessments of capital projects, insurance and indemnity reviews for both capital and operational contracts, coordination with excess insurers for both underwriting and claims management, evaluation of insurance and other risk financing measures to manage the risks of new programs and services, and providing litigation support to District Counsel as needed. One additional accomplishment not covered in this report is Central San's development of its strategic risk register. Our Executive Team did much of the work but Risk Management and Internal Audit staff supported the effort. This register will be used to develop a more formal Enterprise Risk Management (ERM) program. ERM establishes a more systematic and organization-wide method to identify, evaluate and monitor risk. Risk Management will coordinate implementation of the ERM program. FY 2018-19 also marked the Division's first full year with the Risk Management Specialist on board. Laci Kolc brought outside risk management experience to Central San along with fresh eyes, which helped us to identify opportunities to enhance and improve Division programs and services. However, our success will always depend on our ongoing partnership with management and staff. These partnerships are essential to help us identify new and emerging risks, to improve how Central San accepts and transfers risk, and to control and reduce risks to our employees and our operations. Thank you all for your continued support and commitment to these efforts. Shari Deutsch Risk Management Administrator Risk Management Division Annual Report FY 2018-19 1 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 133 of 168 Page 4 of 33 Table of Contents ExecutiveSummary ------------------------------------------------------------------------------------------------------------ 3 Insurance and Risk Financing --------------------------------------------------------------------------------------------5 Workers' Compensation Claims --------------------------------------------------------------------------------------- ? LiabilityClaims ---------------------------------------------------------------------------------------------------------------------16 Other Risks and Exposures -------------------------------------------------------------------------------------------- 22 Security----------------------------------- -------------------------------------------------------------------------------------------- 25 EmergencyManagement--------------------------------------------------------------------------------------------------26 Total Cost of Risk 29 StrategicPlan Metrics---------------------------------------------------------------------------------------------------------31 Risk Management Division Annual Report FY 2018-19 2 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 134 of 168 Page 5 of 33 Executive Summary Workers' Compensation: In FY 2018-19, the Workers Compensation Program incurred ten medical-only claims, and one indemnity claim a compared to eight medical-only claims and four indemnity claims in FY 2017-18. Other significant results include the following: • Central San's Experience Modifier, one factor used to calculate the Worker's Compensation premium, remained well below the target of 1 .00 but increased from .71 in FY 2017-18 to .74 in FY 2018-19; • Strains and sprains remain the most common types of injuries that result in Workers' Compensation claims; • Slips, trips, and falls remain the most common causes of injury; • Claims costs for injuries occurring in FY 2017-18 have developed more significantly and much faster than claims history would suggest. This may affect premium costs going forward. Overflow Claims: Over time, Central San has seen a reduction in overflow claims from a high of 27 in FY 2001-02 to a general rate of less than ten claims per year. In FY 2018-19 there were eight overflow claims as compared to four overflow claims in FY 2017-18. Both the number and total cost of these claims increased from the prior year, yet the annual average cost per overflow claim was reduced to $19,443 from the previous average of $25,639. Number 11 9 4 8 Cost $185,948 $123,993 $102,557 $155,545 Average Cost $16,904 $13,777 $25,639 $19,443 Other Liability Claims: Claims in this category increased in both frequency and cost, raising the average cost per claim from $968 to $4,254. This is discussed in more detail later in this report. Risk Management Division Annual Report FY 2018-19 3 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 135 of 168 Page 6 of 33 Property Losses: There was one small property loss this year costing $3,584. The following table summarizes the cost of retained claims by type for FY 2017-18 and FY 2018-19. Claim Type Cost FY 2017-18 Cost FY 2018-19 Liability—Auto - $7,470 Liability - Overflows $102,557 $155,545 Liability— Plumbing $1,978 $3,134 Liability— Other $7,743 $38,205 Property $1,000 $3,584 Auto Physical Damage $3,855 $11,912 Security: Staff continued to work toward implementation of the Security Master Plan and, with the assistance of the Security Committee, made several improvements to security procedures and practices. Emergency Management: Staff ensured all required plans and training requirements were met but focused primarily on a major update to the Continuity of Operations Plan. Staff expects this update to be completed by the end of 2019. Total Cost of Risk: The Total Cost of Risk (TCOR) is a risk management industry benchmark that allows an organization to evaluate the cost of its Risk Management program over time. TCOR includes the cost of Central San's Safety program, as well as Risk Management program administration, claims, and insurance premiums. This total is reduced by any revenue accrued by the Self-Insurance Fund. The TCOR for FY 2018-19 was $2,563,264, an increase of just under $14,000 from the previous year. Risk Management Division Annual Report FY 2018-19 4 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 136 of 168 Page 7 of 33 Insurance and Risk Financing Goal 3: Be a Fiscally Sound and Effective Water Sector Utility Liability Insurance Coverage Central San purchases commercial liability insurance for Workers' Compensation, Employers' Liability, Excess General Liability, Pollution Legal Liability, Employment Practices Liability, and Fiduciary Liability. Workers' Compensation: Central San participates in the California Sanitation Risk Management Authority (CSRMA) Workers' Compensation insurance pool, a joint powers authority comprised of over 50 sanitary districts within California. Risk Management staff serves as Central San's representative on the Authority's Board of Directors. Insurance Premium Cost - $475,000. Excess General Liability: This policy covers claims in excess of Central San's $500,000 retention up to $15 million. Coverage includes defense and indemnification for inverse condemnation. Insurance Premium Cost - $370,000. Pollution Legal Liability: This policy covers claims and losses arising from the collection and disposal of household hazardous waste. It applies only to the Household Hazardous Waste Collection Facility and non-owned disposal sites. It does not cover claims alleging pollution conditions arising from the operation or maintenance of the collections system. Insurance Premium Cost - $68,000. Employment Practices Liability: This is a gap policy that reduces the self-insured retention for employment-related claims from $500,000 to $35,000 per occurrence. The policy is limited to $500,000 in coverage as the Excess General Liability policy will respond to claims that exceeds this amount. Insurance Premium Cost - $16,000. Fiduciary Liability: This policy protects Central San from claims filed by participants in District-maintained retirement and other post-employment benefit funds. Insurance Premium Cost - $4,223. Property Insurance Coverage Central San purchases property insurance, and crime insurance. Property Insurance: Central San is self-insured for damage to its property and facilities up to $250,000 per occurrence. Insurance coverage for losses in excess of this retention is purchased through the Alliant Property Insurance Program (APIP), a group purchasing program administered by Alliant Insurance Services. The APIP policy includes Boiler and Machinery coverage, and Cyber Liability coverage. Risk Management Division Annual Report FY 2018-19 5 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 137 of 168 Page 8 of 33 This program now includes Identity Theft coverage for all Central San employees. Insurance Premium Cost - $181,000. Crime Insurance: This policy covers losses caused by employee theft, forgery or alteration, funds transfer fraud and certain types of computer fraud. It does not cover cyber-attacks or loss of data. Insurance Premium Cost - $1,900. All Central San insurance policies renew on July 1 of each year. Self Insurance Fund Central San has self-insured most of its liability and some of its property risks since July 1, 1986, when the Board approved the establishment of the Self-Insurance Fund (SIF). In 1994, the Government Accounting Standards Board issued Statement No. 10 (GASB-10) which established requirements on how public agencies must fund their self- insured risks. To comply with GASB-10, Central San segregated reserves for certain types of liability risks into a sub-fund that must be actuarially reviewed at least every two years. The next actuarial study will begin in July 2020. In 2014, the Board established a reserve policy to maintain reserves for losses covered by excess liability insurance of at least three times the amount of Central San's self- insured retention. With the current retention of $500,000, this reserve is $1.5 million. Retained losses and claims expenses are paid from this fund during the year. The fund is replenished annually after the Board adopts the Self Insurance Fund budget via transfer from the Operations and Maintenance Fund. The Board also wanted to reserve funds for catastrophic losses or emergency response and sought to simplify reserving for all risks that do not require GASB-10 compliance by consolidating other liability claim reserves and property loss reserves into a single fund. In order to meet these goals, the balance of the SIF has been consolidated into a single sub-fund with a $5 million reserve. Other claims and program expenses are paid from this fund during the year. The fund is replenished annually after the Board adopts the Self Insurance Fund budget via transfer from the Operations and Maintenance Fund. Risk Management Division Annual Report FY 2018-19 6 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 138 of 168 Page 9 of 33 Workers' Compensation Claims Goal 3: Be a Fiscally Sound and Effective Water Sector Utility Claim Types Workers' Compensation claims are classified as either Medical Only (MO) or Indemnity (IND) claims. MO claims are those where employees only need medical treatment to cure or relieve their injuries. In these circumstances injured employees did not lose any time from work and fully recovered. IND claims are those where injured employees received ongoing medical treatment and: • were taken off work by their treating physician, • were given permanent physical restrictions and/or, • suffered some permanent disability or physical limitation as a result of their injuries. Summary of Recent Claims The following table shows the distribution of Workers' Compensation claims for FY 2018-19, and the two prior years. The Claim Count column indicates the number of claims occurring during the year. The Claim Costs column shows the total cost of those claims to date. FY 2016-17 FY 2017-187 Claim Claim Claim Claim Claim Claim Count Costs Count Costs Count Costs Medical Only 12 $55,484 8 $17,259 10 $15,577 Indemnity 1 $21,837 4 $213,226 1 $24,393 Total 13 $92,418 12 $231,226 11 $39,970 Risk Management Division Annual Report FY 2018-19 7 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 139 of 168 Page 10 of 33 The following tables detail these totals by functional group. Claims Frequency (number of claims filed per FY) MO IND MO IND MO IND FY 2016-17 ADM 1 - - - - 1 CSO 5 - 7 3 4 - ENG 1 - 1 - 3 - POD 4 1 - 1 3 - Total 11 1 8 4 10 1 Claims Severity (incurred costs for all claims per FY) MO IND MO IND MO IND ADM $585 - - - - $24,393 CSO $5,719 - $76,719 $321,033 $6,020 - ENG $45,520 - $107,777 - $2,001 - POD $3,661 $21,837 - $154,045 1 $7,557 - Total $55,484 $21,837 $184,496 $475,078 $15,577 $24,393 Note the unusually high cost of both MO and IND claims for FY 2017-18. This is the result of rapid loss development just over the last 12 months. Incurred MO costs for FY 2017-18 rose from $17,259 to $184,496 and incurred IND costs rose from $213,967 to $475,078 in just the last 12 months. Because such rapid loss development is unusual for Central San's Workers' Compensation claims, staff has, and will continue to, monitor these cases carefully. Trends and Analysis Since Central San has very few Workers' Compensation claims in any single year, it is difficult to identify any trends with such a small data set. As a result, the following analysis incorpates Workers' Compensation claims data from the last five years. Risk Management Division Annual Report FY 2018-19 8 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 140 of 168 Page 11 of 33 Medical Only (MO) Claims: The chart below shows the total number and cost of MO claims by functional group for the last five years. The following table shows the average cost per MO claim for each group during that same period. Medical Only Claims - Last 5 Years $140,000 50 $120,000 — 43 45 40 $100,000 — 35 $80,000 30 25 $60,000 20 $40,000 15 10 $20,000 $3,521 5 $- 2 0 ADM CSO ENG POD ENG includes HHWCF and Environmental Compliance ADM CSO ENG POD • $1,761 $2,706 $10,604 $862 Collection System Operations (CSO) has the highest number of MO claims (43) over this period but also had relatively low average cost per MO claim. Overall, CSO has more frequent, but generally less serious, injuries than other groups. CSO is also the most active participant in Central San's Return to Work Program, which is discussed later in this section. CSO's active participation allows their employees to recover and to return to work faster, which improves recovery time and reduces the cost of these claims. Engineering has fewer claims (12) than CSO but its total MO claims cost was higher, resulting in a noticeably higher average cost per claim than CSO. As noted earlier, a small data set can skew the metrics we use. One Engineering claim involves ongoing medical treatment far in excess of what would normally occur in the treatment of a MO claim. Thanks to participation in our Return To Work program the injured employee has not missed any work, thus keeping the claim in the MO column. This single event skews the 5-year total cost for Engineering higher than the claims count would suggest. Risk Management Division Annual Report FY 2018-19 9 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 141 of 168 Page 12 of 33 Indemnity (IND) Claims: The chart below shows the total number and cost of Indemnity claims by functional group for the last five years. The costs include medical expenses and other payments made by the program (i.e. temporary disability payments to employees while off work). The following table shows the average cost per IND claim for each group during that same period. Indemnity Claims - Last 5 Years $450,000 - 6 5 $400,000 5 $350,000 4 $300,000 4 $250,000 3 $200,000 $150,000 2 $100,000 1 1 1 $50,000 $ MR-1.�i 0 ADM CSO ENG POD GroupADM CSO ENG POD $24,393 $81,820 $26,660 $82,361 These results further illustrate the limitations of a small data set when looking for trends. The single Administration (ADM) claim was relatively minor when compared to the overall population of IND claims. During this same time, CSO had four claims averaging over $80,000 each while POD had five IND claims at an average cost of over $82,000 each. When all IND claims over the last five years are consolidated, the average cost per claim remains just above $72,000. In contrast, the consolidated average cost of a MO claim over the last five years is just over $4,000. Risk Management Division Annual Report FY 2018-19 10 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 142 of 168 Page 13 of 33 Cost Drivers Even with a small data set, it is clear that IND claims are significantly more expensive than MO claims, as shown in the following chart. Average Incurred* Cost per Claim Last 5 Years - Medical Only vs. Indemnity $450,000 $400,000 $411,804 $350,000 $300,000 $327,279 $250,000 $200,000 $150,000 $100,000 $168,847 $50,000 $116,355 ADM - CSO ENG POD This illustrates the differential costs between MO and IND claims. Since IND claims are so expensive, Risk Management and Safety staff work with Human Resources, injured employees and their supervisors to reduce the amount of time employees lose from work, to ensure ongoing and proper medical treatment is received, and to help employees recover as soon as possible. In many cases, these efforts prevent MO claims from becoming IND claims. Over the last five years, IND claims costs are over sixteen times higher than MO claims costs. Soft Costs: The above chart only shows the differential claims cost between MO and IND claims. Since IND claims usually include time away from work, there are additional costs associated with these injuries not captured by claims data. These include lost productivity, overtime for other staff needed to fill in while an injured employee is off work, paid time off work to attend medical appointments, and supplemental benefit costs including salary continuation provided to augment temporary disability payments. Expert opinions vary on the scope of these soft costs but estimates range from three to five times the claims cost. Considering that indemnity claim costs for the last five years exceeded $790,000, this equates to $2.3 million to $3.9 million in soft costs incurred by Central San. Risk Management Division Annual Report FY 2018-19 11 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 143 of 168 Page 14 of 33 Loss Control As noted above, IND claims constitute the most severe injuries and are the primary cost driver in Workers' Compensation. This is why Risk Management and Safety staff work closely together to reduce both the risk and the frequency of injuries to employees, and to reduce the cost of claims. Such loss control activities are addressed more fully in the Safety Annual Report provided after the end of each calendar year. The following charts provide an overview of the more severe IND claims by injury type, cause, and affected body parts. Most Common Types of Injury By Year 2018-19 2017-18 Pain 2016-17 ■Strain/Sprain Irritation/Burn 2015-16 ■Cut/Bruise 2014-15 0 2 4 6 8 10 Strains and sprains remain the most common type of IND claim but the frequency of these injuries decreased from 8 in FY 2017-18 to 3 in FY 2018-19. Risk Management Division Annual Report FY 2018-19 12 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 144 of 168 Page 15 of 33 Selected IND Claims by Cause of Injury Last 5 Yrs & Last 10 Yrs Slip/Trip/Fall/Jump Repetitive Motion Pushing/Pulling Lifing/Reaching 0 1 2 3 4 5 6 7 8 ■Last 10 Yrs ■Last 5 Yrs Repetitive Motion remains a frequent cause of IND claims over the last 10 years but there has only been one such claim in the last five years. Lifting/Reaching and Slip/Trip/Fall/Jump are now the most common causes of injury. Selected IND Claims by Injured Body Part Last 5 Yrs & Last 10 Yrs Hands _ Shoulder Knee Back 0 2 4 6 8 10 ■Last 10 Yrs ■Last 5 Yrs As with the preceding charts, data from the last five years demonstrates some improvement. While shoulder, back and knee injuries are still the most common IND claims, the frequency of knee and shoulder claims has diminished significantly in recent years. Of the four shoulder injuries in the last 10 years, only one occurred in the last five years and only one of the three knee injuries occurred in the last five years. Unfortunately, back injuries, especially lower back injuries, are on the rise. All four of the back injuries occurring in the last five years occurred during FY 2017-18. Risk Management Division Annual Report FY 2018-19 13 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 145 of 168 Page 16 of 33 Return to Work In 2007, Risk Management implemented a Return to Work Program to facilitate employees' recovery from work-related injuries and to help reduce the number and cost of IND claims. In many cases, Central San's ability to provide temporary modified duty (TMD) can prevent a MO claim from becoming an IND claim. This makes the Return to Work Program an essential component of both employees' recovery and cost control. The program incorporates use of the interactive process which is required for compliance with the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act Amendments Act (ADAAA). It is not easy to compare Return to Work metrics from year to year as each potential TMD assignment is considered individually and depends on the nature of each employee's physical restrictions, and Central San's ability to offer TMD within those restrictions. In FY 2018-19, Central San provided TMD assignments to the one employee who was allowed to return to some form of modified duty. Experience Modification Factor (ExMod) One of several factors used to calculate Central San's annual Workers' Compensation premium is the Experience Modification factor (ExMod). CSRMA calculates each pool member's ExMod by comparing its loss data from the three prior years with all members' combined loss data for that same period. Each member's premium rate is adjusted up or down to reflect its performance compared to the pool as a whole. This calculation is adjusted each policy year. Because the pool determines members' ExMod using a rolling three-year period of loss data, no member is penalized for poor performance (higher than average claims frequency or severity) in a single year indefinitely. Risk Management Division Annual Report FY 2018-19 14 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 146 of 168 Page 17 of 33 Workers' Comp ExMod - Last 10 Years 1.20 — 1.00 7 0.90 0.80 0.74 0.74 0.60 0.56 0.40 0.20 - 0.00 - - 1� 2�09 2�1� 2�1� 212 213 2�1� 2�1� 216 2�1� 2�1$ As noted earlier, claims costs for FY 2017-18 have increased significantly and comparatively quickly. Since these costs will be included in upcoming ExMod calculations, staff anticipates higher ExMod increases in upcoming years. Overall Performance Central San's overall Workers' Compensation performance appears to be deteriorating among the CSRMA membership pool. However, this is largely the result of an aberrant experience during a single year of claims. As these claims resolve, the unexpected increase in claims costs may abate. Regardless of future ExMod impacts, staff continues to embrace Central San's proactive approach to safety, our Risk Management staff remains focused on active case management, and other staff, supervisors and managers will actively participate in the Return To Work Program. Risk Management Division Annual Report FY 2018-19 15 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 147 of 168 Page 18 of 33 Liability Claims Goal 3: Be a Fiscally Sound and Effective Water Sector Utility Claims Philosophy Central San's focus on customer service informs it's claims management process. Claimants are contacted immediately, their claims are investigated thoroughly, and when damages are found to be Central San's responsibility, claims are settled promptly and fairly. This approach has resulted in satisfied claimants and in reduced cost. Liability Claim Types We categorize self-insured liability claims into four types; Auto Liability, Plumbing Reimbursements, Sanitary Sewer Overflows, and Other Liability claims. These claims are all paid from the Self Insurance Fund and would be covered by Central San's excess liability insurance if the losses exceeded the self-insured retention. Claim costs include emergency response expenses, settlements, legal expenses and reserves for open claims but does not include staff time to adjust and settle claims. Auto Liability Claims Auto Liability claims are those filed by third parties for damages caused by Central San personnel while operating its vehicles. This includes claims for injuries to persons or damage to others' property. These claims do not include costs to repair or replace damaged Central San vehicles from such events. Repairs to these vehicles are paid from a different Self-Insured Fund. The chart below shows the total number and cost of Auto Liability claims for each of those years. There were two Auto Liability claims in FY 2018-19. Risk Management Division Annual Report FY 2018-19 16 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 148 of 168 Page 19 of 33 Auto Liability Claims $10,000 11 $9,000 $8,777 10 $8,000 9 $7,000 8 $6,000 7 $5,000 6 5 $4,000 4 $3,000 3 $2,000 2 $1,000 � . 1 $- 0 2014-15 2015-16 2016-17 2017-18 2018-19 Total Cost Number NEWIFY 2 -15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 Avg $ per $1,546 $4,388 $4,192 $0 $3,735 Plumbing Reimbursement Claims Plumbing reimbursements are small claims usually made by homeowners after they called a plumber for service only to learn that the problem was in Central San's main sewer line. In most cases, CSO staff provide the homeowner with a claim form while they are on scene. This facilitates a simple reimbursement process where Risk Management receives the claim, confirms the call out and the findings, then processes reasonable reimbursements. Plumbing reimbursements do not include reimbursement requests arising out of an overflow or any event where sewage escaped from the collection system. These circumstances involve additional expenses and often include other property damage. Claims arising from these situations are considered overflow claims, which are discussed in the following section. The chart below shows the total number and cost of plumbing reimbursement claims for the last five years, followed by a table showing the average cost per plumbing reimbursement claim for each of those years. Risk Management Division Annual Report FY 2018-19 17 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 149 of 168 Page 20 of 33 Plumbing Reimbursements $3,500 11 $3,134 10 $3,000 9 $2,500 8 7 $2,000 6 $1,500 5 4 $1,000 3 $500 2 1 $- 0 2014-15 2015-16 2016-17 2017-18 2018-19 Total Cost Number FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 $330 $379 $449 $495 $1,045 Sanitary Sewer Overflow Claims Sanitary Sewer Overflow claims are filed by customers whose property is damaged by a sewer overflow. CSO staff respond to the overflow and contact Risk Management when they become aware of an overflow that causes property damage. This allows Risk Management staff to: respond immediately to begin coordination of emergency clean up and remediation as needed; provide for affected customers' immediate needs; • work with the customers to define damages; help customers prepare their claims; and • settle the claims in a timely and reasonable manner. This process has evolved into a partnership between CSO and Risk Management staff that benefits both Central San and the customer. The following chart shows the total number and cost of overflow claims for the last five years, followed by a table showing the average cost per overflow claim for each year. Risk Management Division Annual Report FY 2018-19 18 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 150 of 168 Page 21 of 33 Sanitary Sewer Overflow Claims $200,000 11 $180,000 $185,948 10 $160,000 $155,545 9 $140,000 8 $120,000 7 $100,000 6 $80,000 . 5 4 $60,000 3 $40,000 2 $20,000 1 $ 0 2014-15 2015-16 2016-17 2017-18 2018-19 Total Cost Number FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 $9,450 $16,904 $13,777 $25,639 $19,443 Staff benchmarks sanitary sewer overflow claims costs against the average cost per overflow claim incurred by the CSRMA general liability insurance pool. Although Central San does not participate in this pool, it's loss data presents a relevant benchmark for comparison. As of the last available data, CSRMA's average cost exceeded $17,000 per overflow claim. Central San has outperfomed this benchmark three of the last five years. Thanks to the partnership with CSO and the ongoing support of management and the Board, Risk Management staff often resolves sanitary sewer overflow claims at a lower cost than that of Central San's peers. While large overflow claims occur infrequently, they are not unlikely. Any overflow claim can develop into a significant loss, even when addressed in a timely, thoughtful and professional manner. Other Liability Claims Other liability claims include losses arising from Central San's operations that don't readily fit in the preceding categories. Examples of these claims include damage to homeowners' property caused by sewer cleaning activities, damages alleged to arise from field work, damage to other utilities' infrastructure from maintenance or construction activities and other claims where the damaged party believes Central San caused their loss. Risk Management Division Annual Report FY 2018-19 19 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 151 of 168 Page 22 of 33 All such claims are investigated and, if found to be Central San's responsibility, promptly settled for reasonable amounts. Claims found not to be Central San's responsibility are either denied or tendered to the at-fault party. The chart below shows the total number and cost of other liability claims for the last five years, followed by a table showing the average cost per claim for each year. Other Liability Claims $1,200,000 11 10 $1,000,000 9 8 $800,000 7 $600,000 6 5 $400,000 4 3 $200,000 2 . $38,205 1 $- 0 2014-15 2015-16 2016-17 2017-18 2018-19 Total Cost Number FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 ', . - $88,635 $1,085 $10,535 $968 $4,245 The average cost per claim for FY 2014-15 is skewed by the inclusion of Central San's contribution toward a flood loss arising from construction activities. Absent that single event, the average cost of claims for FY 2014-15 would only be $5,748. Liability Claims Overall The following chart ties together each of the liability claim types, showing the impact of each type of claim compared to the others and displays a consolidated view of Central San's overall liability losses. Risk Management Division Annual Report FY 2018-19 20 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 152 of 168 Page 23 of 33 Cost of Liability Claims - Last 5 Years $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 14/15 15/16 16/17 17/18 18/19 ■AL ■GL ■PL ■SSO From this perspective plumbing and auto liability claims comprise a very small portion of Central San's claim costs. Overflow claims have a more noticeable impact but the annual aggregate cost appears to be stable. Over time, Central San's largest losses arise from other liability claims, often including litigated matters. Risk Management Division Annual Report FY 2018-19 21 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 153 of 168 Page 24 of 33 Other Risks and Exposures Goal 3: Be a Fiscally Sound and Effective Water Sector Utility Goal 5: Maintain a Reliable Infrastructure Property Losses Central San is self-insured for damage to its property and facilities up to $250,000 per occurrence. Insurance coverage for losses in excess of this retention is purchased through the Alliant Property Insurance Program (APIP), a group purchasing program administered by Alliant Insurance Services. The APIP policy includes Boiler and Machinery, and Cyber Liability coverage. There was one small property loss in FY 2018-19. Property Losses in Retained Layer $250,000 $219,377 11 10 $200,000 9 8 $150,000 7 6 $100,000 5 4 $50,000 $27,129 2 2 1 $ 0 2014-15 2015-16 2016-17 2017-18 2018-19 Total Cost Number Earthquake and Flood Risks The APIP policy does not include coverage for damages arising out of flood or earthquake. Risk Management staff periodically evaluate the cost of insuring these risks through the commercial insurance market. This evaluation considers recent hazard modeling results and Central San's implementation of mitigation projects that reduce the potential impact of earthquake and flood damage against available insurance coverage and pricing. In March and June 2017, staff presented the Administration Committee with an analysis of earthquake insurance pricing, and the results of FEMA's 2017 update to HAZUS, its hazard model using multiple earthquake and flood scenarios. After some discussion, the Committee decided against purchasing flood or earthquake insurance at that time. Staff will continue to monitor hazard models and the insurance market and report back to the Committee when more favorable options emerge. Risk Management Division Annual Report FY 2018-19 22 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 154 of 168 Page 25 of 33 As a result, Central San is essentially self-insured for flood and earthquake risks. To finance this risk, the Board approved and funded a $5 million catastrophic loss fund within the Self-Insurance Fund (SIF) to pay for emergency repairs after a natural disaster. Central San has not suffered any catastrophic losses to date. Auto Physical Damage Central San is self-insured for Auto Physical Damage. Damage to other parties' vehicles is insured by the Excess Liability policy, but the cost to repair or replace Central San vehicles is not. If a Central San vehicle is damaged by a third party, the SIF pays for repairs and Risk Management staff pursues cost recovery from the at-fault party. When damage is caused by Central San staff, the SIF pays repair costs in excess of $1,000. All vehicle repairs are coordinated through Central San's Vehicle Shop. The following chart shows the number and cost of Auto Physical Damage losses for the last five years. Self-Insured Auto Physical Damage $14,000 11 $12,000 $11,912 10 9 $10,000 8 7 $8,000 6 $6,000 5 4 $4,000 3 $2,000 2 1 $- 0 2014-15 2015-16 2016-17 2017-18 2018-19 Total Cost Number Four vehicles were damaged during FY 2018-19. One was caused by another party. Risk Management staff filed a claim with the at-fault party's insurer and recovered the full policy limit. Household Hazardous Waste Claims Central San purchases a separate Pollution Legal Liability insurance policy to cover losses arising out of the collection and disposal of household hazardous waste. No claims have been filed since the Household Hazardous Waste Collection Facility opened in 1997. Risk Management Division Annual Report FY 2018-19 23 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 155 of 168 Page 26 of 33 Other Pollution Risks Central San has chosen to self-insure pollution-related risks other than those arising from providing the Household Hazardous Waste Facility. Coverage for such pollution losses is either not available or extremely expensive. Claims costs arising from an alleged pollution condition would be paid from the SIF's Catastrophic Loss Fund. No pollution claims have been filed in the last five years. Risk Management Division Annual Report FY 2018-19 24 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 156 of 168 Page 27 of 33 Security Goal 5: Maintain a Reliable Infrastructure Strategy 3 — Protect District Personnel and Assets from Threats and Emergencies Risk Management is responsible for the security of Central San's facilities. Day-to-day security operations includes oversight of, and coordination with, the contracted security guard company, issuance of badges and keys to staff and the maintenance and support of the electronic security systems including security cameras, panic buttons, burglar alarms and related software. Risk Management staff partners with other work groups to accomplish a variety of tasks and projects in order to secure Central San property, and protect its employees and the public from security breaches. Major security initiatives this year included: • Hiring a consultant to assist in implementing recommendations from the Security Master Plan • Optimizing access control procedures to standardize practices and to reduce processing time and paperwork • Adding access control devices and replacing aging infrastructure throughout the facilities. The Information Technology Division has implemented software and tools to identify and control unauthorized access to Central San's networks, and has developed an education and training program to increase employee awareness and reporting of potential threats. Risk Management staff is also working on longer term projects including updates to information security protocols, electronic security systems, and facility hardening measures to protect employees and further restrict access to Central San facilities from unauthorized parties. Risk Management Division Annual Report FY 2018-19 25 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 157 of 168 Page 28 of 33 Emergency Management Goal 5: Maintain a Reliable Infrastructure Strategy 3 — Protect District Personnel and Assets from Threats and Emergencies Central San's Emergency Management Program is comprised of four elements that work together to ensure a prompt and effective emergency response to disasters, to make sure such response is properly documented for potential cost recovery, and to make permanent repairs to damaged infrastructure as soon as practicable. These four elements are discussed below. Plan Development and Maintenance Risk Management is responsible for developing, maintaining and continuously improving the Emergency Operations Plan, Local Hazard Mitigation Plan, and the Continuity of Operations Plan. Emergency Operations Plan: The California Emergency Services Act requires all public entities to prepare and maintain an Emergency Operations Plan (EOP) that complies with the Standardized Emergency Management System (SEMS). Risk Management released and the Board adopted a major EOP update in 2010 to reflect changes in the Emergency Operations Center (EOC) staffing structure and to comply with the federal National Incident Management System (NIMS). Since then, Risk Management staff reviews the EOP at least annually and posts needed updates to the intranet. Hard copies of the EOP are kept in the primary and backup EOCs. Additional hard copies of the plan are stored in the emergency supplies cache. Local Hazard Mitigation Plan: The Federal Emergency Management Agency (FEMA) requires local governments to update their plans every five years as a prerequisite to seek grants under the Hazard Mitigation Grant Program and the Pre-Disaster Mitigation Program. Central San's first plan was adopted in 2011, and accepted by FEMA in 2012. FEMA acceptance is valid for five years. After that, an updated plan must be submitted to maintain program compliance. In keeping with its commitment to coordinate emergency planning and responses with other agencies, Central San joined with 35 other agencies to prepare a multi- jurisdictional update to the 2012 Local Hazard Mitigation Plan. Staff served on the Steering Committee managing this process. The Board adopted Central San's portion of the updated plan on March 1 , 2018. The update was submitted to FEMA for review and was approved on April 19, 2018. Risk Management Division Annual Report FY 2018-19 26 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 158 of 168 Page 29 of 33 Continuity of Operations Plan: Staff has spent considerable time in FY 2018-19 working on a major update to the Continuity of Operations Plan (COOP). Staff expects to complete the update by the end of 2019. Emergency Action Plan: The Emergency Action Plan (EAP) is required by the California Divisiion of Occupational Safety and Health (CalOSHA) and details the specific responsibilities and procedures to follow if Central San staff need to evacuate or shelter in place. Since the EAP is part of the Safety Directive catalog, responsibility for EAP maintenance, testing and exercises resides with the Safety Division in the Operations Department. Training and Exercises During the year, Risk Management offers training classes and conducts exercises to emergency response staff. Items marked with an asterisk (*) were funded through a Bay Area Urban Area Security Initiative grant from Homeland Security. EOC Activation Exercise 9/13/18 CSTI 4-day Earthquake Class * 8/27-30/18 ICS 300 6/11-13/19 Supplies and Equipment Primary and Backup EOC: The Multi-Purpose Room is Central San's primary EOC. The Crew Room at the CSO facility in Walnut Creek serves as Central San's backup EOC. Both locations are designed as `warm' sites, meaning that all needed supplies and equipment are stored on site, but must be set up before the EOC becomes operational. These facilities must be continuously stocked with the necessary supplies and equipment to enable immediate set up and operation of the EOC. Risk Management staff conducts inventory audits of each location to ensure that the necessary items were available on site, secured as needed and maintained in an operable condition, including replacement of any outdated or non-operational items. During these audits, staff also tests the analog phones, satellite television service and the satellite internet service to ensure continued operability. Risk Management Division Annual Report FY 2018-19 27 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 159 of 168 Page 30 of 33 Communications: Contra Costa and Alameda Counties are partners in the East Bay Regional Communications System Authority (EBRCSA), a Joint Powers Authority (JPA) that developed and maintains an interoperable radio communications infrastructure using the P25 standard. Central San joined this group in FY 2014-15, and purchased its first batch of radios in FY 2016-17. The Radio Unit of the County's Department of Information Technology has programmed all the handheld and mobile radios and installed the mobile radios in selected Collections System vehicles. Staff recently purchased a second batch of radios to increase the number of radios pre-deployed for use in an emergency. Central San also maintains Handheld Amateur (HAM) radios at both the Walnut Creek and Martinez campus. Coordination with Other Agencies As a single-service agency, Central San must coordinate its emergency response with first responders in other local governments within its service area. All local governments in the County report incidents, damage and resource requests to the Operational Area EOC. The Operational Area EOC is housed at the Contra Costa County Sheriff's Office of Emergency Services (OES). The County EOC analyzes and forwards local status reports and unfilled resource requests to the regional, state and federal emergency management coordinators. Risk Management staff continues to serve on the Operational Area Council, a group of emergency managers from within the County who meet quarterly to share information and best practices, coordinate multi-agency drills and training opportunities, and facilitate coordinated area emergency planning. The Council is sponsored by the Contra Costa County Sheriff's OES. As the Operational Area point of contact, County OES also works with state and federal agencies to collaborate on projects of regional or national concern. Operational Area Council members are encouraged to participate in these larger group meetings. Central San is also a member of the California Water and Wastewater Agency Response Network (CalWARN), which coordinates the distribution of members' specialized equipment and trained personnel to other member agencies to help with disaster and emergency response. Risk Management Division Annual Report FY 2018-19 28 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 160 of 168 Page 31 of 33 Total Cost of Risk Goal 3: Be a Fiscally Sound and Effective Water Sector Utility The Total Cost of Risk (TCOR) is a risk management industry benchmark that allows an organization to evaluate the cost of its Risk Management program over time. TCOR includes the cost of Central San's Safety program, as well as Risk Management program administration, claims and insurance premiums. This total is reduced by any revenue accrued by the Self-Insurance Fund. The TCOR for FY 2018-19 was $2,563,264, an increase of less than $14,000 from the preceding year. The following chart shows Central San's TCOR for the last 10 years. The year with the highest TCOR are shown in orange while the year with the lowest TCOR is shown in green. TCOR Totals and Trend* $4,500,000 $4,243,881 $4,000,000 $3,500,000 $2,563,264 $3,000,000 $2,500,000 $2,355,733 $2,000,000 $1,500,000 $1,000,000 $500,000 $ - I I —:I []i. --I - ti� titi titi ti� ti� ti� ti(0 til ti0 tiC5 Totals have been adjusted for inflation The FY 2010-11 and FY 2014-15 spikes in TCOR are the result of a few large liability claims occurring in those years. However, in spite of these spikes, the TCOR trend is stable. TCOR is the sum of the five categories of expenses: personnel, insurance, claims, risk management program costs and safety program costs. The following chart illustrates costs by category for the last 10 years. Risk Management Division Annual Report FY 2018-19 29 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 161 of 168 Page 32 of 33 TCOR Categories by Fiscal Year $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 - $2,000,000 $1,500,000 $1,000,000 $500,000 Al ti� titi ti� ti� ti� tih ti� til ti� ti� ■Personnel ■Insurance ■Claims ■RM Program 'Safety Expenses Note 1: Chart does not include lost productivity or other soft costs arising from claims. Note 2: TCOR segment totals have not been adjusted for inflation. Totals for four of the five categories are determined at the end of each fiscal year. However, claims costs includes reserves for any open claims occurring in specific fiscal years. This may result in some fluctuation of the total claims costs over time as losses develop or claims resolve favorably. Risk Management Division Annual Report FY 2018-19 30 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 162 of 168 Page 33 of 33 Strategic Plan Metrics Central San's Strategic Plan includes six goals with associated strategies, initiatives and metrics to track performance toward achieving these goals. Risk Management is responsible for metrics under three of the goals. The tables below summarize Risk Management's FY 2018-19 performance for the metrics associated with these goals. Goal 1: Provide Exceptional Customer Service and Maintain an Excellent Reputation in the Community Strategy: Maintain a strong reputation in the community I Metric' A &ear End Result Continue participation in Provide Mutual Aid to sister agencies No requests ✓ CalWARN ,L^ Goal 3: Be a Fiscally Sound and Effective Water Sector Utility Strategy: Evaluate and implement risk management practices to minimize loss. Metric Succcess Measure -"Year End Result Workers' Comp Experience Maintain ExMod at 1.0 or lower .74 ✓ Modifier (ExMod) Provide Return to Work Provide Temporary Modified Duty to Program at least 95% of employees injured 100% ✓ on the job Manage the Cost of Overflow Average cost per claim Claims < $25,000L I $19,443 V/V/ Goal 5: Maintain a Reliable Infrastructure Strategy: Enhance Capability to Mitigate, Prepare, Respond and Recover from Emergencies IF Succcess Measure Year End Result 1pqr"� A hmlL- Ad h�� Ensure the currency of the Update the Emergency Operations Minor Update V/V/ Emergency Operations Plan Plan as needed Evaluate and implement security improvements to meet Implement the Security Master Plan Ongoing ✓ new or evolving threats Risk Management Division Annual Report FY 2018-19 31 October 22, 2019 Regular FINANCE Committee Meeting Agenda Packet- Page 163 of 168