Risk Management Advisories
SPECIALISTS AND FIRST AID PROVIDERS
- Specialists (Psychologists, Therapists, Psychometrists, Social Workers,
other Professionals)
- First Aid Providers/Medication Administrators
Specialists
Specialists may fall into one of two employment categories:
- Specialists employed as staff members, or
- Specialists hired on a fee-for-service basis.
Legal Liability
Staff specialists are protected by the boards' liability insurance policy in
the event they are sued for alleged negligence in carrying out their duties.
The policy protects employees who are working within the scope of their duties
for the board to a limit of $20 million. The policy includes coverage for Errors
and Omissions and Incidental Professional and Malpractice Liability.
Professionals hired on a fee-for-service basis must carry their own liability
insurance, which would include Errors and Omissions and Professional Malpractice
Insurance. Contracts with fee-for-service professionals should include insurance
requirements. It is suggested that the board request contracted professionals
to carry a limit of at least $2 million of liability insurance or more depending
on the nature of the contract. A construction contractor might be required to
carry a higher limit of liability, depending on the exposure. The contract should
specify that the board is to be named as an additional insured on the professional's
insurance.
Criminal Proceedings
Employees (including staff specialists) are not directly protected for legal
expenses incurred in the defence of criminal or quasi-criminal charge. A board,
in some circumstances, may be willing to support the employee in defending a
charge. In this situation, if the defence is successful, the board may apply
for reimbursement of legal defence costs incurred by the board On behalf of
the employee under the Legal Expense coverage of the boards' liability insurance
policy to a limit of $100,000. This benefit is not extended to employees who
fall within the definition of Part X.1 Teacher as defined in the Education Act
as amended by Bill 160. No coverage is available if the individual is found
guilty.
Complaints to Professional Bodies
Legal Costs of defence of complaints filed with professional colleges or boards
against employees are not covered by the board's liability policy.
Risk Management Tip - To avoid claims for professional malpractice, it is important
that details of programs be recorded. All meetings with parents should be recorded
and proper authorization and acknowledgment should be secured from parents for
any special programs. All of the above should be stored for future reference.
To help avoid claims for assault, especially when working on-on-one, professionals
should work in an area where they are highly visible, or with a third person
present.
First Aid Providers/Medication Administrators
First aid providers and administrators of medication fall within the definition
of Insured under a board's liability insurance policy.
OSBIE's comprehensive liability policy provides protection to teachers, staff
and volunteers in the event injuries are caused to others through their negligence
while administering first aid or prescribed medications while carrying out their
duties on behalf of the board.
RISK MANAGEMENT TIP
It is an excellent risk management strategy for schools to have trained first
aiders on staff. It is recommended that trained first aiders be present at high
risk sporting events such as football and hockey.
Administering of prescribed medications should be done in accordance with board
procedures. Procedures should include obtaining signed request forms from parents,
doctor's instructions, logging of the medications and storage of medications
in a locked central location.
(REVISED 2010) E&OE
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