Summer, 2016

TMLIRP Sets Rates
for 2016-17
The TMLIRP Board reviewed recent loss experience, actuarial indications and current rates
at the April board meeting, and set rates for the upcoming 2016-17 fund year. The Pool’s
mission statement is to provide a stable source of risk financing, and the Pool has been able
to do so throughout its history. Although faced with an extraordinary year of losses, the
Pool will be able to continue that goal, with only minor rate changes.
The following rate changes will apply to the Pool’s entire membership. Individual member
contributions will be affected not only by rates, but also by that member’s loss experience
and/or changes in exposures. Members will receive information on their individual costs
over the coming months. As always, members are encouraged to contact their member
services manager or underwriter if they have any questions regarding rates or contributions.
Workers' Compensation Rates
For the current year, rates were increased 5% to 15% for individual classification codes,
based on loss experience. Rate changes, by class code, are found below. Rates for any
class code not listed below will remain the same as the 2015/16 rates.
Workers' Compensation Rate Changes
Description
Rate
Change
Teachers And Day Nurseries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15%
Heavy Equipment Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15%
Messengers, Social Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Building/Contractor Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Animal Shelters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Electric Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Combined Utility Operations (Water/Sewer) . . . . . . . . . . . . . . . . . . . . . . . . 10%
Features
TMLIRP Sets Rates for
2016-17 ............................ 1
Executive Director
Retires ............................... 4
How Does the Experience
Modifier Impact a
Member’s Workers’
Compensation
Contribution? .................... 4
Carol Loughlin Receives
the 2016 AGRIP Award
for Excellence in
Leadership ........................ 5
Workers’ Compensation:
Traveling to and
from Work ......................... 6
Addressing the Cost of
Law Enforcement Vehiclerelated Incidents Through
Identification, Training and
Technology ....................... 8
Swimming Pool Safety: A
Case Study – A Seven-YearOld Drowns in a Municipal
Swimming Pool .............. 10
Cyber Liability and Data
Breach Coverage ........... 11
Columns
Welcome New
Members! ....................... 10
Notes from the Field ..... 11
Events Calendar ............ 12
Schools, Library, Museum Professionals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Waterworks Operations & Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5%
Hospital; Other Than Prof. & Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5%
Refuse Collection – Containerized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5%
continued on page 2 Â
Summer
2016
Membership Matters
 “2016-17 Rates” continued from page 1
Liability Rates
Overall, liability rates for the coming year will change little, but as seen in the following table, specific lines of coverage will change based on the Pool’s losses for each line of coverage.
Liability Rates
Overall Liability Rate Changes
Rate
Change
Auto Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.9%
General Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2%
Public Officials Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10%
Law Enforcement Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2%
Aviation Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0%
Overall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .7%
Auto Liability
The auto liability line of coverage continues to experience greater than expected losses. Loss ratios for the period from
2011/12 through 2015/16 are higher in comparison to previous years. Loss frequency and severity has increased for all
classes, with Police and Transit related operations experiencing even higher losses than other classes. As a result, auto
liability rates are increasing, as shown in the table below.
Auto Liability Rate Changes
Class Code Description
Rate
Change
All Autos (except those note below) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5%
All Police Classed Automobiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7%
All Bus or Transit Related Automobiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7%
Effective Overall Rate Increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.9%
General Liability
Similar to the approach taken for the current fund year, rate adjustments will be made to any rating classification with
adverse loss experience.
The overall effect of these rate adjustments is 4.2%. (See General Liability chart on page three.)
Public Officials Liability
The increase in general liability will be partially offset by a reduction of 10% in public officials liability. Although other
liability lines are trending upwards, this line of coverage continues to have favorable loss experience, and rate reductions
have been implemented for the past couple of years.
Law Enforcement Liability
Due to increased loss development, law enforcement liability rates will increase slightly, at 3.2%.
Aviation Liability
Aviation Liability rates will remain unchanged for the 2015/16 fund year.
2
continued on page 3 Â
 “2016-17 Rates” continued from page 2
General Liability Rate Changes
Class Code
Description
Rate
Change
48727 . . . . . . . . . . . . . . . . . . Streets & Roads – Existence Hazard . . . . . . . . . . . . . . . . . . . . . . . . . . 50%
48925 . . . . . . . . . . . . . . . . . . Swimming Pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7%
92445 . . . . . . . . . . . . . . . . . . Electric Utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7%
64500 . . . . . . . . . . . . . . . . . . Housing Authorities-Owned Units . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.9%
63212 . . . . . . . . . . . . . . . . . . Arenas, Auditoriums, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50%
SP45522 . . . . . . . . . . . . . . . Lakes – Public Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50%
48039 . . . . . . . . . . . . . . . . . . Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
SP99999B . . . . . . . . . . . . . . Special Events (Sponsored Only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
43550 . . . . . . . . . . . . . . . . . . Fire Prevention/Emergency Services Districts . . . . . . . . . . . . . . . . . . 10%
64500E . . . . . . . . . . . . . . . . . Housing Authorities – Non-owned Units Section 8 (501+) . . . . . . . 10%
Effective Overall Rate Increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2%
Property Rates and Coverage Changes
The last few years for the Property Fund have been
very active in terms of frequency and severity of
losses, due particularly to several significant
weather events. Due to the increase in losses, there
will be a 5% increase in property rates for the
2016/17 fund year. In addition, there will be a 5%
increase for auto physical damage coverage.
Hail claims have specifically generated a considerable amount of loss for the Pool. Due to the frequency and severity of these storms, the Pool is
also establishing a percent deductible for hail and
windstorm losses. For any hail or windstorm occurrence, a base deductible will apply that is the lesser of 1% of the building value per location (of each damaged
building) or 0.5% of total building values at the time of loss.
An option is available to restore the percent deductible to the current elected per occurrence deductible by paying an
additional 5% of the Real and Personal Property contribution (excluding flood). For questions regarding the percent
deductible and available options, please contact your member services manager or underwriter.
Effective October 1, 2016, the Pool will expand its cyber liability and data breach coverage. The Pool has recognized
the need for enhancing this coverage and will be providing this to all members that have general liability or property
coverage, for no additional contribution.
More information about this enhanced coverage is discussed in the “Cyber Liability” article, found on page 11 of
this newsletter.
3
Membership Matters
Executive Director Retires
After 30 years of service to the
TML Intergovernmental Risk
Pool, Carol Loughlin, Executive
Director, has announced her retirement effective October 4,
2016. Larry Melton, Chairman of
the Board, spoke highly of Carol
and her dedication to the Pool:
“For 30 years, Carol has been a
beacon for our organization –
providing professionalism, integrity, and an extremely high
level of leadership. As a result
the organization has continued to
sustain a solid base of members
and a well-trained staff. But perhaps her light shone the brightest
during her four years as Executive Director and because of her
dedication and guidance, TMLIRP will continue to be the best
risk pool in the state and possibly
the nation. The Board thanks
Carol and wishes her the very
best as she moves into a new
phase of her life.”
Throughout her tenure with the
Pool, Carol has been instrumental
in the growth of Membership,
coverage and services offered.
Her guidance provided the foundation of the Pool’s structure today, moving from a primarily
contracted operation to an environment where all services are
provided directly by staff. Most
recently, Carol has initiated the
development of technology
framework that will allow the
Pool to move forward to enhance
Member experience and service.
The Board of Trustees has named
Jeff Thompson, Deputy Executive Director, to succeed Carol as
Executive Director upon her retirement in October. Jeff has
served the Pool in the Deputy Ex-
ecutive Director position for the
last four years, with previous experience at the National League
of Cities and the Municipal Association of South Carolina.
Carol’s presence will be greatly
missed at the Pool, however her
legacy will ensure that the expectations and standards she has
set will be carried forward to the
future. “It has been my distinct
privilege to serve Texas local
governments for the past 30
years. I am extremely proud and
gratified for all that has been accomplished through the collective efforts of the Board, the staff
and you, the Pool’s members.
The Pool is in excellent hands
and I believe that it is well-positioned to continue to provide exemplary service to local governments across the state.”
How Does the Experience Modifier Impact a
Member’s Workers’ Compensation Contribution?
ing how the modifier works can also help the member project
workers’ compensation costs, as well as identify risk management needs.
In Texas, local governments are mandated to provide workers’
compensation benefits to any employee injured while in the
course and scope of their duties. Your Pool exists to satisfy
those mandates on your behalf, as well as foster safer working
environments, which hopefully leads to fewer employee injuries. The cost to you, the employer, is based on three factors:
The two main components of the experience modifier calculation are audited payroll and losses from the three prior
years. For example, the modifier calculated for the 2016-17
Fund Year uses the following years of data: FY2012-13,
FY2013-14, and FY2014-15.
1. The size of your workforce, measured in payroll dollars;
2. The board-approved rates for each class of employee,
measured as a rate per $100 of payroll; and
The Pool continually reviews members’ existing losses to
ensure claims reserves accurately reflect future anticipated
medical and indemnity costs.
3. Your experience modifier, based on a state adopted formula comparing expected losses to actual losses, over
the previous three years.
The Pool uses an experience modifier to adjust a member’s
contribution based on its individual loss history. Understand-
If you have a significant claim today, the cost will not impact
your contributions until the following year. Claims that hap4
continued on page 7 Â
Carol Loughlin Receives the 2016 AGRiP
Award for Excellence in Leadership
Pictured from left to right are Carole Fullen, Buzz Fullen, Jeff Thompson, David Reagan, Carol Loughlin, Terry Loughlin, Andres Garza,
Hank Domeracki, Ricky Childers, J’Nevelyn Melton, Atul Poladia and Larry Melton.
including the replacement of the Pool’s 30 year old claims
system with a state-of-the-art system;
Carol Loughlin, Executive Director of the Texas Municipal
League Intergovernmental Risk Pool (TMLIRP), has been
recognized with the 2016 AGRiP Award for Excellence in
Leadership. Ms. Loughlin received her award at AGRiP’s
Governance & Leadership Conference in Nashville,
Tennessee, on March 7, 2016.
• Championing the importance of updating and improving
processes;
• Revamping and updating the Pool’s class and
compensation study;
Described by her staff as a “consummate and compassionate
leader who cares both about the organization and the
organization’s employees” and a “professional with the
highest ethical standards,” Loughlin clearly exhibits the caliber
of leadership AGRiP seeks to celebrate with this award.
• Restructuring internal funds to minimize administrative
costs;
• Establishing Pool and Fund Equity targets using an
Enterprise Risk Management Methodology;
Loughlin was selected by AGRiP’s Board of Directors for the
innovation, expertise, collaboration, and mentorship she has
exhibited throughout her thirty-year career in governmental
risk pooling. Within nomination materials, colleagues
commend Carol for being “the very embodiment of what the
Award sets out to recognize – individual contributions to the
intergovernmental pooling field and encouragement of others
to expend their time and effort in the same endeavors.”
• Restructuring the Property Reinsurance program and
brokerage arrangements, resulting in significant savings;
• Establishing a professional leadership program for the
Pool’s staff;
• Memorializing the most important leadership values of the
organization; and
During her tenure as the Pool’s Executive Director, Carol has
been the driving force behind many initiatives intended to
improve Pool service delivery to its members. Those include:
• Establishing an expectation and spirit of collaboration
among all of the Pool’s departments and personnel.
• Recognizing the need and leading the organization in
Loughlin has served TMLIRP in various roles since 1986, and
was appointed Executive Director of the Pool in 2012.
changes related to the Pool’s technology and systems,
5
Membership Matters
Workers’ Compensation: Traveling to and from Work
Members have asked questions about
how workers’ compensation coverage
applies if an employee is injured while
traveling to and from work. The facts
of each accident are crucial to determine
if an accident is in the course and scope
of employment and in the furtherance
of the affairs of the employer. The answer to these questions depends on the
facts of each circumstance and will determine if workers’ compensation coverage applies.
An employee must be in the course and
scope of employment and furthering the
affairs of the employer for an injury to
be compensable. Generally speaking,
traveling to and from work is not considered a work related function, and not
in the furtherance of the affairs of the
employer and would not be compensable, regardless of who provides the
transportation. There are exceptions,
however, as noted below.
An employee can be covered by the
“dual purpose rule” which means the
employee is conducting business for
the employer and taking care of a personal or private matter. An example
would be an employee leaving for
lunch and stopping by an office supply
store for work related office supplies
when an accident occurred. The trip
had two elements, of which one is work
related. Simply going to lunch is not a
work related function. However, the
trip served a work related function of
stopping to buy office supplies. The
buying of office supplies was in the
furtherance of the affairs of the employer. This chain of events could put
the employee in the course and scope
of employment when the office supplies
were purchased. The facts in this scenario could make the employee eligible
for workers’ compensation coverage.
Many employers allow employees to
drive employer provided vehicles home
in case the employee needs to respond
to a call after hours. When the employee
receives a call and must respond, this
would be considered a special mission.
Although the travel to and from work
during the regular work schedule would
not be compensable, traveling after
hours to a destination in response to a
call for services, and returning from the
call, would be a special mission and
likely covered unless the employee deviated. An example of deviation would
be if the employee took care of the issue
necessitating the call, and later stopped
at the local restaurant in a different part
of town from where the employee lived
and where the call took place. The most
direct route to the call and direct route
home would be considered part of the
special mission. Driving to the restaurant was not the most direct route from
the call to the employee’s house. This
deviation took the employee out of the
special mission and would not be considered in the furtherance of the employer’s affairs. Both the Texas Courts
of Appeals and the Texas Supreme
Court have decided specific cases that
create case law on fact situations involving these types of travel claims.
Police officers that are allowed to take
vehicles to and from work are viewed
6
similarly to other types of employees.
Simply driving to work and driving
home is not in the furtherance of the affairs of the employer.
It is more accurate to say that their commission as peace officers imposes duties
and grants authority to them to respond
to certain criminal acts regardless of
whether they are “on duty.” Within their
jurisdiction, police officers have certain
duties to “preserve the peace” as authorized by law and injuries sustained
while performing these duties would be
covered as any other work injury. See
TEX. CODE CRIM. PROC. §14.03(a)
(1)-(6). Outside his or her jurisdiction,
an officer’s authority to make arrests
without warrants is limited to felonies,
assault, disorderly conduct or public intoxication that takes place in his or her
presence. See TEX. CODE CRIM.
PROC. § 14.03(d). A police officer who
is allowed to take a vehicle home, even
when that home is in another city, could
be injured making an arrest under these
provisions of the Code of Criminal Procedure. This injury would be covered
for Workers’ Compensation per Texas
Labor Code Chapter 501, which means
the police officer would be considered
a State of Texas employee. Workers’
continued on page 7 Â
 “Experience Modifier” continued from page 4
pen in the current fund year (i.e. October 1, 2015 to September
30, 2016) are too new to project their ultimate expense. In
addition, the current year cannot be used in the calculation
since it is incomplete at the time of calculation of the experience modifier. It is equally important to note that any given
claim will only affect a member’s experience for three years,
regardless of how long the claim is open.
Members ask why the Pool uses three years of loss data to
create the modifier. Wouldn’t it make sense to let each year
stand on its own? It sounds reasonable, but a single year of
claims is not necessarily a reliable picture of your operations
and loss profile. Three years of data provides a more consistent picture, and helps to smooth any one bad year that could
significantly affect a member’s costs.
Knowing when your losses will impact the experience modifier allows time to plan the expense into your budget. From
a risk management perspective, the use of loss data can be
used to identify the types of injuries, loss patterns and other hazards that caused your modifier to change. Members with
active safety programs tend to have lower modifiers. The experience modifier is the one area that directly responds to your
individual efforts to prevent and manage losses.
If you have a 1.0 mod, your contribution is calculated using projected payroll times Board approved rates and there is no adjustment for losses. Modifiers below 1.0 mean your entity has fewer losses than expected and the Pool can apply a discount
to your contribution. On the flip side, a modifier above 1.0 means the Pool must set aside more funds for your claims expense
than you pay in contributions, and the Pool asks you to share more in that expense.
If you’d like to know more about your modifier and how to get the maximum benefit possible, please contact your member
services manager, underwriter or loss prevention representative to schedule a review.
 “Traveling” continued from page 6
Compensation benefits for employees of the State of Texas are administered by the State Office of Risk Management. On the
other hand, if a police officer living in another city is injured in a motor vehicle accident, but not while performing duties
authorized by the Code of Criminal Procedure, then the injury is not covered because the officer was not working in the
furtherance of the affairs of the employer, and was not considered in the course and scope of employment.
Section 401.026 of the Texas Labor Code was adopted by the Texas Legislature during the 2015 legislative session. Effective
9/1/2015, travel of a firefighter or emergency medical personnel en route to an emergency call is considered in the course and
scope of the firefighter’s or emergency medical personnel’s employment. After the call has been responded to, travel by the
firefighter or emergency medical personnel back to the fire station or home is not considered in the course and scope of employment. This is much different than the rules that apply to calls that are considered special missions.
Conclusion
Decisions are determined by the facts of each specific incident, personnel policies, applicable state law and prior court cases.
Every detail of the incident is needed to determine if the accident is compensable. Simply driving to and from work in an
employer provided vehicle does not automatically qualify the employee for workers’ compensation benefits. Employers can
and should adopt personnel policies that address driving employer provided vehicles away from employment as those policies
potentially affect the decisions for course and scope of employment as well.
If you have questions about this topic and other workers’ compensation issues, please contact the Pool’s Workers’ Compensation
Claims department.
7
Membership Matters
Addressing the Cost of Law Enforcement Vehicle-related
Incidents Through Identification, Training and Technology
Vehicle-related incidents are a leading cause of law enforcement injuries. In the Pool’s experience, a significant number of fatalities due to
vehicle incidents have occurred – 18
officer deaths since 1992. An autorelated incident has the potential to
produce employee injuries and liability exposures due to injuries to others and damage to their vehicles and
property. These incidents also affect
citizens’ perceptions of the agency.
The following information, based on
Pool membership data, helps illustrate
the need to make the right decisions
when driving. During the five years
between 2009 and 2014, the Pool incurred over $58 million in workers’
compensation, liability, and auto damage costs related to law enforcement
vehicle incidents. Motor vehicle accidents account for 10% of the number of claims and 19% of incurred
costs associated with law enforcement
workers’ compensation losses.
Identification of Law Enforcement
Vehicle Operation Incidents
As seen in the graph below, from
2006 through 2014, law enforcement
injuries related to vehicle operation
demonstrated a consistent downward
trend while the number of officers
was increasing. This is a positive trend
for Pool members. However, it is important to point out that over the past
24 years (1992-2016), there have been
18 officer deaths that occurred while
operating vehicles. This includes 13
from operating autos/SUVs and five
from motorcycles. Single-vehicle accidents often involved high speeds. Multiple-vehicle accidents involved speed
and intersections.
The operation of law enforcement vehicles also affects public safety. During
the five years between 2009 and 2014,
seven citizens who were not in a vehicle
being pursued died in incidents related
to the pursuit. In these incidents, the
affected citizens were hit by fleeing vehicles. In addition, 11 suspect drivers
and five passengers in the fleeing vehicles suffered fatal injuries.
1. Do officers understand when it
is appropriate to drive at a high
rate of speed?
2. Do officers understand how and
why to arrive safely, yet in time
to perform their duties at the
scene?
3. Do officers understand the full
extent of their vehicles’ capabil-
ities, as well as their own driving skills?
Once department policies and procedures are established, ongoing driving
training efforts should address the following areas to ensure officers are always prepared for emergency vehicle
operation:
Training
As demonstrated by the statistics above,
police departments must consider motor
vehicle operations as a core critical training area. Members should establish policies and procedures for motor vehicle operations and keep them updated by
continually monitoring industry best practices and the current laws affecting emergency vehicle operation. When establishing or reviewing departmental policies
and procedures, some questions to consider when setting priorities are:
8
• Updates to Department Policies
and Procedures
• Decision Making and Discretionary Ability
• Communications
• Professional Demeanor and Conduct
• Officer Fitness – Stress Management and Mental/Physical
Fitness
• Incident Review to prevent future occurrences
continued on page 9 Â
 “Addressing Costs” continued from page 8
As discussed in detail
below, the Pool provides
numerous training opportunities, at no cost,
for its members in these
critical areas.
Technology
Another avenue for police
departments to curb costs
and losses associated with
vehicle operations is
through the use of technology. Technological advances are creating opportunities
for
police
departments to reduce officer distraction while maintaining an officer’s ability
to perform his or her duties.
As a start, police departments can address the use
of technology when driving
through the department’s
policies and procedures and
ongoing training.
As an example, there are
devices that can restrict
computer use when the vehicle exceeds a predetermined speed. The device disables the keyboard, track pad,
and touch screen on an officer's in-car computer, yet the
call screen remains visible
and active. Such a device can
help protect officers and the
public from accidents caused
by distracted driving. One
police department reported
that the device cost less than
$200 per unit. It is easy to
imagine the advantages of
such a device, and the effect
it could have on officer, as
well as public, safety.
Tactical Emergency Vehicle Operations: This train-
ing addresses driving situations and how to respond
safely. Emergency vehicle
operation places stress on
both the operator and the vehicle. Officers are exposed to
traffic and road hazards continuously throughout their
shifts. This program helps officers understand the laws
that affect how they can respond and the situations that
can occur, with an emphasis
on making good decisions.
Highway Traffic Control for
Emergency Responders:
One of the greatest exposures
to emergency services personnel occurs while conducting duties on or near roadways. This program helps
emergency responders identify roadway exposures; improve decision-making skills;
understand the proper use of
traffic control techniques;
TMLIRP Resources
The Loss Prevention Department at TMLIRP conducts multiple training
classes that address emergency vehicle operation.
Some examples of the inperson training classes the
Pool provides are:
9
and be proactive in the use
of pre-planning strategies.
The Pool also offers classes
such as Distracted Driving
for Law Enforcement, Vehicular Pursuit, Managing Traffic Stops, and
Traffic Incident Management through the Online
Learning Center.
Courses are provided at no
cost to TMLIRP members.
Contact the Pool for information about resources intended to reduce the financial and human cost of
police vehicle incidents.
For more information,
please contact TMLIRP
Loss Prevention through
on of these options.
Website:
www.tmlirp.org/loss-prevention
Phone:
800-537-6655
Email:
[email protected]
Membership Matters
Welcome New Members!
February 2016 through June 2016
Belvedere MUD
Cameron County DD #4
Cinco Southwest MUD #3
Cinco Southwest MUD #4
Comal Trinity GCD
Cotton Center MUD #1
Greenhawe WCID #2
Harris County Improvement District #17
Harris County WCID #116
Haskell CAD
Highlands at Mayfield Ranch MUD
Klein PUD
Lampasas County WCID #1
Maverick County WCID #1
Montgomery County MUD #126
NW Harris County MUD #16
Rayburn Country MUD
Rolling Creek UD
Van Zandt County ESD #4
Williamson County MUD #19B
Swimming Pool Safety: A Case Study – A Seven-Year-Old
Drowns in a Municipal Swimming Pool
A seven-year old child drowned when playing in a swimming
pool. The child was attending a children’s swimming program
sponsored by a nonprofit group.
The child and a friend were playing in the shallow end of
the pool, which varied in depth from 3-5 feet near the float
line. The float line marked the boundary between the shallow
and the deep end.
The children were playing in the water; each time they
bounced and came down, they entered into deeper water.
This caused the children to move closer to the float line. A
child inadvertently went under the line into the deep water.
The pool depth at the float line changed from 5-8 feet within
a run of five linear feet. After an unknown time elapsed, a
parent on the pool deck noticed the child floating near the
pool bottom and called for help. The child was taken from
the pool and transported to the local emergency room where
the child was pronounced dead.
thinking that the guard can readily observe them. Unfortunately,
because this area is often overlooked, children have drowned
within a few feet of the lifeguard. Consider adding a roaming
lifeguard to provide additional observation of the swimming
pool should a large number of guests arrive.
Require childcare agencies, organizations, groups, and private
swimming classes to provide to the city a list of the children’s
names and adult supervisors prior to entry into the facility to
ensure that proper supervision is provided by the childcare
provider. Such groups should be required to contact the swimming pool manager with sufficient notice for staff planning.
Childcare centers are required to provide a ratio of adults to
children based on the children’s ages for water activities.
The event described above can occur at any public swimming
pool. These types of incidents have occurred in large and
small cities. Review these situations and circumstances with
staff to help prevent the possibility of drowning. Consult resources like those listed at the end of this article to develop
training programs and best practices. For example:
Lifeguards should practice defined scan patterns, which
allow for complete observations of their assigned area
of the swimming pool. Lifeguards should visually scan
“near,” “far,” “left,” and “right.” Proper scanning of
an area should take about 10 seconds involving a continuous movement of the head. Too often, lifeguards
tend to focus on a single spot – perhaps one with a
large number of participants or one that involves a
single activity, such as diving into the deep end.
It is not uncommon for children, especially non-swimmers, to
stay in an area close to the lifeguard or even in the area right
below the lifeguard. Children assume a false sense of security
Reinforce lifeguarding skills through ongoing in-service training.
Staff should practice scenarios and discuss high activity areas
and exposures. Aquatics staff are also encouraged to work with
local emergency responders in training exercises at the pool.
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Resources
TMLIRP Loss Prevention Department
800-537-6655 • www.tmlirp.org/loss-prevention
Free Aquatics Risk Management Manual and Video
(Includes sample policy for child care groups)
TX Department of State Health Services • Health Sanitation & Consumer
Products Safety Group • Public Swimming Pools & Spas
www.dshs.state.tx.us/poolspa/default.shtm
Cyber Liability and Data Breach Response
Cyber threats are becoming increasingly common, and governmental entities are exposed to this threat. The Pool has
recognized the importance of this coverage to its members
and effective October 1, 2016, will be expanding its Cyber
Liability and Data Breach Services coverage. The basic
coverage will be provided at no additional cost for members
that have either Real & Personal Property or General Liability coverage with the Pool. Higher limits are also available at an additional cost.
• Privacy Breach Response Services, including Notification
of Affected Individuals; Call Center Support; Breach Resolution; Legal Services; Computer Expert Services; Public
Relations and Crisis Management Services
• Regulatory Defense and Penalties Coverage
• PCI (Payment Card Industry) Fines, Expenses and Costs
Coverage
• Cyber Extortion Coverage
The following coverages are included with this expanded • Data Protection Coverage
program:
• Network Business Interruption Coverage
• Information Security and Privacy Liability Coverage along Look for the Declarations of Coverage and Coverage Docuwith Website Media Content Liability Coverage
ments to arrive in early September, 2016, with specific details.
Notes from
the Field
When should my organization complete a Payroll Adjustment Form?
A Payroll Adjustment Form needs to be
completed by an organization anytime
a significant change to payroll is anticipated for the Fiscal Year. The type of
changes that could cause a need for updated payroll exposures are: additional
positions (including volunteers), anticipated overtime, decrease in full-time or
part-time positions, or decreases in payroll. This form can be completed at any
time during the year, with any adjustments in contribution billed at that time.
If you have further questions or need
help completing this form, please contact
your Member Services Manager.
I have not received my yellow exposure summary packet this year – what
should I do?
The Pool waives exposure summaries
Questions from our members
on a large part of membership each year.
If your entity was waived this year, you
will not be required to complete a rerate
exposure summary. Your entity will,
however, still need to report any changes
that have occurred to your operations or
any additional structures, vehicles, or
mobile equipment. This will ensure that
all of your exposures are up to date for
the upcoming fund year. Please contact
your Member Service Manager or Underwriter if you have any questions.
Are special events covered by the
Risk Pool?
Special events are covered by the Risk
Pool. Claims related to bodily injury or
property damage resulting from a member-sponsored event such as a parade,
fireworks display or rodeo are addressed
under the General Liability coverage.
Special events are evaluated, and then
the Pool applies a charge based upon
the city’s level of sponsorship. Activities
such as craft fairs, summer recreation
programs, controlling traffic and managing street closings are generally not
classified as special events, but rather
simply considered part of the local government’s ordinary operations and are
therefore covered by the Pool.
Only when a city organizes and controls
events, using city employees and volunteers, is the city considered the primary
sponsor. For example, parades organized
and managed by a city would be considered a special event to report. If you are
unsure what qualifies as a city sponsored
special event, please call your Underwriter or Member Services Manager.
If you would like to submit a question to “Notes from the Field,” please send an email to [email protected].
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PRESORTED
FIRST CLASS
U.S. POSTAGE
PAID
AUSTIN, TX
PERMIT NO. 460
1821 Rutherford Lane, First Floor
Austin, Texas 78754
(800) 537-6655
Please Route
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Membership Matters
Events Calendar
Events are
or
web-linked f
ience!
your conven
Aug 30 . . . . . . . . . . . . . . TMLIRP Confined Space Entry Awareness Training, Huntsville
sa
v
the
e
da
te
Aug 30 . . . . . . . . . . . . . . TMLIRP Excavation and Trench Safety Awareness Training, Huntsville
Aug 30 . . . . . . . . . . . . . . TMLIRP Law Enforcement Response to Resistance Training, Cleburne
Aug 31 . . . . . . . . . . . . . . TMLIRP Risk Management Essentials for Supervisors, Huntsville
Sep 1 . . . . . . . . . . . . . . . TMLIRP Law Enforcement Response to Resistance Training, Waxahachie
Sep 28 & 29 . . . . . . . . . TMLIRP Essential Guide to Fitness and Health Training, Yoakum (choose date & time)
Oct 4-7 . . . . . . . . . . . . . TML Annual Conference and Exhibition, Austin
Oct 6 . . . . . . . . . . . . . . . TMLIRP and TML MultiState IEBP Pool Breakfast (at TML Conference), Austin
To view more TMLIRP training opportunities and register, please visit the loss prevention training calendar at this link
https://www.tmlirp.org/training-calendar