Be Smart About Using Hands Free Devices While Driving
Be Smart About Using Hands Free
Devices While Driving
New California Law Enhances
On January 1, 2013, a new California law went into
effect to allow hands free texting if the driver uses
improved voice activated technology and devices.
Let’s look at the prior California laws.
The vehicle code law that went into effect on July
1, 2008 prohibits drivers from talking on a hand
held phone while driving, but allows for hands
free verbal calling.
The January 2009 law prohibits drivers from
composing, sending or reading text-based communication on a wireless communication device
while driving. This means you cannot text, use
the internet or send emails, not even if you are
stopped in traffic or at a stoplight.
Breakthroughs in new technology that make
voice activated texting possible have brought us
the new 2013 law that allows hands free texting.
Drivers under the age of 18 are still prohibited
from using any wireless phone or hands free
device while driving.
While California and several other states have banned
the use of hand held cell phones and 39 states have
banned texting while driving, many drivers still
engage in these activities. It is still illegal to hold any
device in your hand, even if you do not have it up to
your ear, including holding it in your hand for dialing
and using the speakerphone, taking a picture, or using a phone map for reference.
A study conducted at the University of California,
Berkeley Safe Transportation Research and Education
Center (SafeTREC) cites a decline in traffic deaths in
California since the introduction of the State’s law to
prohibit hand held cell phone use.
In the two years following the enactment of the law,
fatalities linked to hand held cell phone use fell by
47 percent and similar reductions occurred in the number of injuries. There
are also several studies that suggest
the use of hands free devices does not
lessen the distraction.
While it is recognized that there are
many benefits to providing employees
with cell phones and other portable
electronic devices, it’s important for
every driver to BE SMART: if you must
The safest course of action is to devote your
full attention to driving and not use any device
that can distract you.
use a hands free phone, the following Best Practices are
Place the phone in a holder in front of you.
Familiarize yourself with the operation of the
device before using.
Ensure all hands free and voice activated devices
are accessible and ready before you start driving.
Avoid talking on the phone when driving unfamiliar roads or in hazardous conditions, such as
rain, snow, traffic congestion, road construction,
accident scene, etc.
If you need to take or make a call, pull your vehicle over safely and park before doing so.
Never allow a phone conversation to distract you
Keep calls brief and be prepared to end a conversation abruptly.
While talking, keep your head up and your eyes on the road, with frequent checks of side and rear view mirrors.
Don’t take notes or look up phone numbers or addresses while you are driving.
If you must check information, arrange to call back and do your re
search while the vehicle is safely stopped.
Continued on page 6
In our Spring issue, you will find
a few articles are
linked by fundamental concepts
that “Everyone is
a Risk Manager”
and that our
actions have an impact on the wellbeing of others.
Our cover story highlights
the classic case in point: the
need to “hang up and drive” to
reduce stress, avoid property
damage, and prevent bodily
injury. Keep California highways and roads safe for one
We can “Clear the Air” by
creating a healthy environment for our students, faculty,
staff, patients, and visitors.
With guidance from the newly
formed UC Riverside Center of
Excellence, find out how all UC
campuses will be contributing
positively to everyone’s health
Other articles in this issue will focus
on reducing risk through recent innovative ideas and best practices:
Reducing Workers’ Compensation costs and maintaining
a quality program may seem
counter to one another. But
you can achieve success by focusing on conscientious claims
management and proactive
employee health management.
UC is emerging as a leader
in Enterprise Risk Management (ERM) for the rest of the
world to follow. See how other
businesses and educational
institutions are consulting our
ERM model. We have made
our assessment tools available
Continued on page 2
DON’T LEAVE HOME
WITHOUT YOUR “BLUE
AND GOLD” PLAN
Editor’s Message, from page 1
to others wanting to venture
down the ERM path.
each traveler to be covered, each traveler
must enroll individually and pay their
For more information, go to the Risk
Services website at http://www.ucop.edu/
The University’s Travel insurance program has
come a long way. In October 2007, the program
was greatly enhanced with broader coverage and
increased benefits. Since then, many success
stories have been told about how this program
has helped faculty, students and staff when they
were traveling abroad.
While the program only provides coverage when
traveling for University business and off-campus
activities, people realized the benefits and
importance of travel insurance in their personal
lives also. We received numerous requests to
offer a similar program that can be purchased for
The Office of Risk Services has worked
with our travel insurance carrier, ACE
USA, to develop a program that employees
and students can purchase for personal
travel. This program responds to medical
emergencies when traveling outside your home
country or country of permanent residence.
It provides accident and sickness benefits,
emergency medical and security evacuation,
and other valuable travel assistance services.
There are two plan options: 1) Blue plan or 2)
Gold plan. The Gold plan includes everything
in the Blue plan plus some additional benefits.
There is also an option to increase the medical
expense and AD&D limit. The employee/student
is responsible for payment of the premium. This
Travel Accident Protection Program for personal
travel is available for University employees
and students to purchase for themselves, their
families and traveling companions. In order for
• Click on “Blue and
Gold Plan Options”
to read the coverage
Click on the “UC Personal Travel Program
Enrollment” link to
enroll and purchase
“Under the Blue and
Gold plan, UC faculty,
staff and students can
now enjoy some of
the same benefits that
were originally only
provided for business
Cheryl Lloyd, ERM
Deputy & Director –
Click on “Register
Your Personal Trip
for Real Time Alerts”
to complete a travel
profile if you would
like to receive alerts
for specific countries
and areas to which you will be traveling. You
can receive real time alerts before, during and
after your trip.
The Blue and Gold Travel Accident Protection Program is being offered as an option
for employees and students to purchase
on their own for personal travel.
This program is not affiliated with any
University provided employee benefit and
the University is not making any recommendation. As with any commercial travel
insurance you purchase, the traveler is
responsible for paying
the premium, arranging
for any travel assistance
services, and resolving
any claim or coverage
issues and disputes
directly with the carrier.
Fiat Lux – Latin for “Let
There Be Light” is more than
UC’s motto, it forms a critical
component of Enterprise Risk
Management. Read about our
latest ERM innovation, Fiat
Lux will provide a platform to
strategically manage risk.
Through popular request, the Office
of Risk Services brings you the Blue
and Gold Travel Accident Protection Program that offers benefits and
protection that was previously only
available for business travel.
We have raised the awareness and
people realize the importance of
having travel insurance, not just for
business travel, but also for personal
travel. Now employees and students
can purchase a similar plan on their
own for their personal travel - “Don’t
leave home without your Blue and
Our spotlight in this issue is on the
addition of two program managers to the Risk Services team. Read
about these team members and how
they bring their ideas and expertise to manage and strengthen our
It’s time again to plan for the UC
Risk Summit. This year’s event
will feature sessions of timely and
meaningful interest to all who play a
role in managing risk. Don’t miss the
opportunity to consult with experts
and share information with your colleagues. Be sure to save the date, June
5-7, 2013, and join us in Working
Smarter to create a stronger UC.
Until the next Issue, Be Smart About
Cynthia Low, Editor
Risk Services Today
It’s Time to
Clear the Air
All UC Facilities Join in Going Smoke/Tobacco-Free
The University of California is a national leader
in healthcare and environmental practices and is
dedicated to promoting health worldwide. The
University is taking steps to reduce tobacco use
and exposure to secondhand smoke by creating
a smoke/tobacco-free environment on all of our
campuses and facilities.
policies emphasizes the importance of breathing smoke-free
air for all faculty, staff, students,
patients, and visitors and encourages healthy habits for the
benefit of all members of their
communities. As of November
2011, all the UC Medical Centers
Recognizing that policies will need
to be tailored to fit individual campus
needs, steering committees have been formed at
each campus to implement the University’s smoke/
tobacco-free policy at their location by 2014. This
initiative is part of the University’s larger wellness
strategy to improve health and reduce risks.
The following key elements need to be present to
maintain a smoke/tobacco-free environment at UC:
Smoke/tobacco-free means that smoking, the
use of smokeless tobacco products, and use of
unregulated nicotine products (e.g.
e-cigarettes) will be strictly prohibited in
indoor or outdoor spaces, including parking
lots and housing.
The policy applies to all UC facilities, whether
owned or leased.
Sale and advertising of tobacco products must
be strictly prohibited in University owned and
Enforcement should be primarily educational
with an emphasis on cessation resources
available. Good will and respect for the rights
of others are critical to successful implementation of the smoke/tobacco-free policy.
Smoking cessation education and support can
significantly improve compliance. The University
is committed to ensuring the campus community
has ongoing access to several types of assistance to
support all faculty, students and staff who wish to
stop using tobacco products. This includes education, referrals and resources, individual, group and
telephone counseling and support.
For employees, all UC-sponsored health plans
offer tobacco cessation resources, programs, and
prescription nicotine replacement therapy to help
with their efforts. Cessation programs are also
offered through Faculty/Staff Wellness Programs at
each UC campus. For students, tobacco cessation
and awareness programs, referrals, and resources
are available through the Student Health Services
facility on each campus. Cessation services will be
enhanced at each campus as UC moves towards
the effective policy date.
Office of Risk Services has partnered with
the UC Riverside campus to establish
a Center for Excellence (COE) to
assist locations with the systemwide implementation of the
smoke/tobacco-free policy. Each
location will have unique needs,
but there will be commonalities.
This COE will serve as an avenue
to share resources and experience
throughout UC. The efforts will be
led by Julie Chobdee, Wellness Program Coordinator at Riverside, who will
provide guidance and resources to support each
campus’ policy development and implementation.
A systemwide task force consisting of representation from each campus will meet regularly to
address implementation details, considerations,
and concerns. This task force will be led by Kevin
Confetti in Office of the President, Risk Services.
The health hazards related to smoking and exposure to secondhand smoke are well-documented.
More than 440,000 people die from tobaccorelated illnesses every year, making smoking the
leading cause of preventable and premature death.
Exposure to secondhand smoke is the third leading
cause of preventable death in the country causing
over 50,000 non-smoker deaths annually.
Making all the campuses smoke-free
provides a healthy environment
for our students, faculty, staff,
patients and visitors.
It’s the right thing to do.
Grace Crickette, Chief Risk Officer
California is a pioneer of the smoke-free movement, establishing the first statewide smoke-free
workplace law in 1988. Here at UC, we will be
moving forward to implement a systemwide
A smoke-free environment will contribute positively to everyone’s health and well-being. And the
University is committed to providing a healthy,
productive and safe environment for all faculty,
students, staff, patients and visitors.
Workers’ compensation benefits are
available to University employees
who are injured on the job. The
University maintains a systemwide
multi-faceted program that provides
proper benefits to employees whether they are working in California,
other states or in foreign countries.
Thousands of work-related injuries are reported each year costing
the University approximately $70
million in annual workers’ compensation claim payments. We are
constantly looking for ways to reduce
workers’ compensation costs while
maintaining a quality program for
all our employees. This article will
highlight two areas in which we have
recently had success in mitigating
workers’ compensation costs.
Keeping Employees Healthy
The WorkStrong program was
implemented systemwide in October
2011. This is an occupational wellness initiative designed to promote
recovery and prevent future workplace injuries.
result in fewer workplace injuries, a
quicker recovery when injured, less
long-term pain and disability, and
prevent recurrence of injuries.
WorkStrong programs are designed to fit the specific needs of an
individual with the goal to improve
overall health and wellness. The
specific program may include some
or all of the following:
Fitness and post rehabilitation
Nutrition and weight management training
Life balance and stress reduction
Managing chronic condition(s)
Continued on page 6
“Let There Be Light”
UCOP Risk Services Announces the Formation of Fiat Lux, an ERM Innovation
Enterprise Risk Management (ERM) is all about finding transformative and variant approaches to assessing and managing risk. In the Fall of 2012 the Regents of the University of California, in collaboration with the Office of Risk Services, successfully formed
a captive insurance company, the Fiat Lux Risk and Insurance Company (Fiat Lux).
Captive insurance technologies provide the University the flexibility to meet its risk
management objectives, including lowering costs and enhancing coverage. Captives
provide an alternative funding mechanism when coverage breadth or capacity in the
commercial insurance market does not meet our needs. Utilization of a captive does not
represent a change in risk retention on the part of the Office of Risk Services, it simply
allows for a more effective execution
of risk retention
The UC has partnered with Willis Global Captive
Practice to manage the Fiat Lux captive. The
Willis Global Captive Practice manages more
than 350 captives worldwide and provides
expertise in designing, forming, managing and
providing strategic guidance to captives of all
types in all major captive domiciles.
The new UC captive insurance
company is named after the
University of California’s
official motto, Fiat Lux, Latin
for “Let There Be Light.”
A captive is a limited purpose, licensed
insurance company; the main business
purpose of which is to insure the risks
of the captive’s owner (UC), who is
also its principal beneficiary.
direct involvement in
over the captive’s major
operations, including underwriting, claims management, policy
form and investments. Fiat Lux operates
by and for the UC.
Once Fiat Lux is established and writing initial
coverages, other key elements in the UC’s ERM
program will be considered for expanded captive utilization: University Controlled Insurance
Programs (UCIPs) and Professional Errors and
Omissions for construction; Medical Malpractice
for community physicians; Student, Alumni, and
Affiliate insurance initiatives; areas of risk where
there is little or limited commercial capacity; and
special or unique needs for the UC.
The Fiat Lux Risk and Insurance Company’s mission is to enable the University faculty, staff, and
students to identify and manage risks associated
with their activities, consistent with the University’s missions of teaching, research, patient care, and public service. By strategically managing risk we can reduce the chances of loss, create greater financial stability, and protect our resources. The Captive plays a significant role in
enabling the ERM program.
Enterprise Risk Managers in
Business and Education Consult
the UC Model
The Office of the President, Risk Services website
has become a major source for enterprise risk
management (ERM) information and tools.
Organizations seeking to implement ERM find
the Risk Services website to be a valuable resource
to help them get started.
These visitors have more than two million pageviews and include government agencies such as
the U.S. Military, NASA, and the Department of
Homeland Security, as well as large corporations
such as Amazon and Boeing. During the
last two years; January 1, 2011 through
December 31, 2012; there were 432,714
visits (592 visits per day) and 2,110,598
page-views (2,887 page views per day).
The website has attracted visitors from
throughout the U.S. and over 200 countries all over the world:
The U.S. comprises 56.08% (242,645 visits)
of total traffic, with a majority of the traffic
coming from California (47.51% or
China comprises 4.34% (18,776 visits)
of total traffic
Bosnia-Herzegovina/Serbia/Croatia/Slovenia/Macedonia/Montenegro totals 4.05%
India represents 3.05% (13,199 visits)
Australia comprises 2.81% (12,156 visits)
The United Kingdom rounds out the top
five non-U.S. countries visiting with
2.59% (11,189 visits)
Some of the top non-education organizations
visiting the website were the U.S. Army, Navy,
Air Force, and Marine Corps; Boeing; NASA;
Amazon.com; Australian Department of Defence;
and the U.S. Department of Homeland Security.
The ERM website was also visited frequently by
other educational institutions including Harvard
University; Stanford University; New York University; Indiana University; and Kenya Education
The resources available on the ERM
website include a number of risk assessment tools which are available for
download upon request. In exchange
for free access to the tools, they must
complete a survey and provide information on their intended use of the tools.
During the fiscal year 2011-2012, Risk Services
received download requests from 40 outside organizations. Some of the most notable organizations
requesting the risk assessment tools were Capital
One, Certex, Amgen, and World Vision India.
Developing a risk governance program and gaining a deeper understanding of risk identification,
assessment, and control were the most common
answers for use of the tools.
ERM is one of the top ten popular sites on the UC
Office of the President website. As ERM continues
“Our ERM programs
are designed to engage
everyone in the effort to
understand their own
risks and identify opportunities. It is gratifying to
know that the innovative
tools we have developed
have earned the respect
of major public and
Grace Crickette, Chief
to advance forward at the UC and innovative
ideas are brought to fruition, the UC is emerging as a leader in ERM for the rest of the world
Go to http://www.ucop.edu/enterprise-riskmanagement/index.html to learn more about
enterprise risk management and review UC
Last year’s UC Risk Summit had the
largest turnout to date with more
than 800 attendees. This year’s event
promises to be equally exciting and
informative as we continue Working
Smarter to create a stronger UC.
Risk Summit sessions cover enterprise risk management activities and
strategies throughout the entire UC
system. It is an opportunity to learn
new skills, gain new perspectives,
share best practices, and compare
experiences with your colleagues
from other UC campuses and medical centers.
Go to http://www.ucop.edu/enterprise-risk-management/initiatives/
risk-summit.html and bookmark the
page to stay informed about the 2013
Workers’ Compensation Risk, from page 3
Workplace safety and ergonomic assessment
Behavior modification strategies and tools
We have had success stories associated with the program and positive feedback from our employees.
One success involves an injured worker facing
a second shoulder surgery. He participated
in the WorkStrong program, followed a gym
regime and a change in his eating habits.
He completed a successful program which
resulted in no further surgery needed. He
continues to work out three times a week on
his own and eats healthier. This is from someone whom loved chips and soda and did not
exercise before. He has motivated his co-workers
and family and all are benefiting from the sharing
of his success and knowledge – another life changing experience at UC!
This success illustrates how WorkStrong provides
a range of benefits that can touch lives in positive
ways at work and home. It provides the extra care,
resources, and lifestyle choices that reward employees with the ability to participate, contribute, profit
and enjoy. It builds strength and empowers success.
From medical centers, laboratories and
classrooms to loading docks, maintenance
facilities and housing and dining units,
UC’s diverse work environments present a
myriad of workplace-related risks. Keeping UC workplaces safe protects people
and minimizing financial loss enables the
University to sustain its mission.
Hands Free Driving, from page 1
The California Office of Traffic
Safety conducted a statewide opinion survey in which 62% of respondents stated that texting and talking
were the biggest safety concerns on
California roadways and 84% stated
cell phone conversations or texting
while driving constitute the most
serious distractions while driving.
This is a clear indication that
California drivers see this as being
a significant traffic safety threat.
Whenever the driver’s attention
is taken away from the road, even
for just a split second, it could be
disastrous for pedestrians and other
motorists. Just because your eyes
are on the road does not mean you
are paying full attention to driving.
Distracted driving is dangerous and
no cell phone call or text is worth
the cost of a life.
For more information on California
safe driving practices, visit www.
Fighting Back Against Fraud
Workers’ Compensation fraud is a major threat
against California consumers as well as for all
employers. The University of California is no
exception. Fraudulent claims harm employers by
contributing to the high cost of workers’ compensation. It harms employees by undermining the
perceived legitimacy of all workers’ compensation
Workers’ compensation fraud can increase the cost
of doing business as well as increase health care
costs and the cost of insurance for all Californians.
Employee fraud includes, but is not limited to:
Working in an unreported second job while
collecting Workers’ Compensation temporary
Providing false information to the employer,
insurance company or physician(s) to secure
Workers’ Compensation benefits. (Example: Exceeding restrictions to include not limited
to walking without crutches while alleging
crutches are needed at all times).
Staging an accident/injury to secure Workers’
Compensation benefits. (Example: Monday
morning alleged accident – back injury – all
co-workers were aware the employee moved
over the previous weekend.)
Altering prescription from physician for medication. (Example: Changing prescription from
30 tablets to 80 tablets - constituting a criminal violation of the health and safety code.)
Reporting the same injury to two separate
employers and receiving benefits from each –
making misrepresentations to each employer.
The University and its third party claims administrator, Sedgwick Claims Management, have engaged
a strategic partner, Probe Information Services, to
assist in the efforts to reduce workers’ compensation
fraud. The Sedgwick team was proactive in identifying suspicious claims and Probe immediately
initiated the evidence gathering that resulted in the
following fraud fighting successes in 2012:
Convictions for Workers’
Criminal investigation ongoing
Days in jail
Restitution ordered to UC
A recent successful prosecution involved an employee who alleged upper extremity injuries and further
indicated the personal restrictions would not allow
this individual to even hold a glass of water. Surveillance indicated the individual was very active and
operating a business. The employee was prosecuted
for felony insurance fraud and was ordered to pay
$11,768 in restitution, serving 30 days in county jail
and 5 years probation.
Conviction and monetary restitution are not the
only means of reducing workers’ compensation costs
as illustrated by the following two incidents:
An employee on disability was captured on film
performing work that the employee was allegedly
unable to perform. When questioned, the employee
made misrepresentations about participation. The
film was reviewed and resulted in the employee being released to return to work full duty.
An employee alleged work stress. Upon some
background investigation, it was determined the
employee was involved in personal civil litigations
and divorce within the past year. It was found that
these other factors were the cause of the stress and
no workers’ compensation benefit was paid.
The key to reducing Workers’ Compensation fraud
is timely communication between the claims administrator, Workers’ Compensation office, treating
physician’s office, special investigation unit and
district attorney’s office. Communication is critical
to successful prosecution.
Keeping employees healthy and strong
and fighting back on fraud are just a few of
the ways the University is striving to mitigate workers’ compensation costs and save vital funding for
education, research, patient care, and public service.
Risk Services Staff
The Office of Risk Services team welcomes two new Program Managers dedicated to
improving efficiency and reducing the cost of risk throughout the UC system
Angela is responsible for oversight and
management of workers’ compensation claims system-wide. She comes
to UC with expertise and knowledge
having worked in the Workers’ Compensation arena since 1985.
Angela states, “I love Workers’
Compensation. There is never a dull
moment. We are in the business to
take care of our employees if they are injured – get them back to work
– see what we can do to ensure that type of injury does not occur again.
Simply, Be Smart About Safety!!”
The University’s Workers’ Compensation Program covers approximately
190,000 faculty and staff, and responds to thousands of work-related injuries each year whether in California, other states, or foreign countries.
The program funds many loss control and loss prevention initiatives to
reduce the cost of risk associated with work-related injuries. There have
been many successes to support the value of these initiatives.
Having such a robust program, how might we improve? Angela stated
“The program in place currently is very well implemented and iron
clad. I might consider some minor house cleaning items only to enhance what is already in place. This should ensure reduction in overall
per claim cost and early resolution/closure of claims throughout the
University system and keep to our goal of reduction of overall cost in
the Worker’s Compensation program. This program currently offers so
much, such as WorkStrong, it is superior! Hands down – it clearly shows
we care for our employees’ health and well being now and in the future.
With our aging workforce as well as repetitive duty work, WorkStrong
is a great benefit to the overall reduction to cost. We have an awesome
Risk Management Team with a wealth of information sharing for all
lines of business – by partnering and managing risk we can reduce the
overall cost to stay in line with UC’s mission.”
and Hospital Liability
Brenda is responsible for management
of medical malpractice claims systemwide. She previously worked at UCSF
Medical Center Risk Management for
close to four years.
Prior to her work at UCSF she handled
general liability cases and complex
business litigation for 14 years as an
Brenda states, “I really enjoyed my years in litigation, but going into
risk management was a natural progression for me. I worked in-house
for a transportation company for a number of years, and that job
involved working closely with the risk management team. I saw various
programs implemented to prevent claims, and became interested in that
aspect of claim management because of the proactive, positive nature
of it. I loved working in the Risk Management Department at UCSF
because of that. I also love the challenge of working with providers,
claim specialists, attorneys, and others in assessing claims, strategically
defending them, as well as the fast paced nature of dealing with situations that arise.”
The University’s Professional Medical & Hospital Liability Program has
management and oversight of medical malpractice risks across the University’s 10 campuses, 18 health sciences schools, 10 medical centers and
numerous clinics. The program provides and supports loss control and
loss prevention assistance and initiatives to proactively support patient
safety at our medical facilities.
How can we strengthen our program? Brenda stated, “I would like to
continue the efforts in trying to reach more consensus and uniform
practices among the medical centers. Our risk managers have strength
in a lot of areas and a broad base of expertise. Encouraging and helping
them to share information and best practices can only strengthen our
professional liability program.”
Risk Services Today is published by UC Office of the President • © 2013, Regents of the University of California