2.1 Risk Management: Incident or Accident Reporting Procedures

Chapter 8 Legal > 2.1 Incident or Accident Reporting Procedures

Contents

Overview/Purpose. 1

2.2.1 Reporting Standards: 1

2.2.2 Child Incidents and Accidents: 3

2.2.3 Abuse and Neglect (physical and Sexual): 3

2.2.4 Employee Incidents and Accidents: 3

2.2.5 Property Damage: 4

2.2.6 Employer Practices Liability (EPLI): 4

2.2.7 Parent, Vendor, Third-Party Incidents and Accidents, or General Negligence: 5

2.2.8 Additional Resources: 5

Overview/Purpose

Risk management in childcare is the practice of identifying potential risks in advance of exposures and the implementation of policies, procedures, and best practices to mitigate within our respective areas of responsibility. 

Children of America has identified the following key areas of potential risk we must mitigate and have a subsequent process that needs to be followed for reporting:

1. Child Incidents and Accidents
2. Abuse and Neglect (Physical and Sexual)
3. Employee Incidents and Accidents
4. Property Damage
5. Employer Practices Liability (EPLI)
6. Parent, Vendor, Third-Party Incidents and Accidents, or General Negligence

2.2.1 Reporting Standards: 

All injuries to any child or employee will be reported via Teams Submittals within 48 hours to include all items on the operative checklist found in O:\Operations All\3-Forms for Operations\1 - Forms Alphabetically\Risk Management Reporting

As a company accurate visibility to all incidents and accidents is the first step in mitigating risk to limit future losses. 

All reports of an incident or accident that meets the BELOW criteria require submission for review by the risk management team using the link below.  The submission from the Microsoft Form will automatically create a Help Desk ticket on your behalf:

Upon receipt of your submission, you will receive notice that a ticket was opened in your name (or schools).  As information develops you will be required to update your ticket based on the feedback from the risk management team, either by responding to the ticket or logging into: 

School Management to create report for the following incidents and accidents:

1. Child Incidents and Accidents where:
   1. Medical attention required
      • This includes immediate emergent services and precautionary doctors’ visits (i.e., parent wants the child “checked out”)
   2. Parent makes an allegation of negligence, i.e., the actions of the staff were grossly inappropriate resulting in injury.
2. Abuse or Neglect Perpetrated by a staff member; sexual or physical abuse
   1. Any action we are “mandated to report.” 
   2. Allegations made by a parent that constitutes a “mandating reporting” event.
   3. Complaints made by a parent or staff member to the “department of children & families” or “licensing” that requires an investigation.
      • Anonymous complaints 
      • Founded and Unfounded
      • If child cannot be identified a report may not be practical
   4. Abuse perpetrated by a child on another child; sexual or physical abuse
3. Employee injuries or accidents
   1. When any injury, incident or accident occurs – immediately call Medcor
   2. If medical attention is required process claim
4. Parent, Guest, Vendor or Third-Party Incident or Accidents: 
   1. Alleged or observed accidents on the property, adjacent property or sanctioned events.
5. Property Damage
   1. Vehicle damage; accidents, theft, and vandalism
   2. Property damage; mechanical failures or natural disasters leading to damage to the facility.
6. Employer Practices Liability 
   1. Demand letters: Equal Employment Opportunity Commission (EEOC) investigations or other state agencies that investigate allegations of unfair labor practices
7. General Negligence

2.2.2 Child Incidents and Accidents:

• Supervision - inadequate supervision is the leading cause of child incidents and accidents.  Although many incidents and accidents, at first glance, appear to be just what happens in childcare, further investigation usually leads to evidence that more could have been done by our staff to monitor the child in question.
• Curriculum Execution – following our curriculum, specifically, age appropriate activities, classroom environments and consistency with the daily schedule, can help avoid surprises that lead to incidents and accidents.
• Training – proper staff training, and awareness will mitigate incidents and accidents and help staff look for opportunities to improve their classroom management.

Risk Rating:  High Risk & High Frequency

2.2.3 Abuse and Neglect (physical and Sexual):

• Supervision - inadequate supervision often leads to children being left unattended. Childcare settings are fast paced and require many movements (i.e., classroom to playground). Every time we move children, we run the risk of leaving a child unattended. Following company movement policies are the best form of prevention.
• Adult on Child – actions of abuse and neglect can occur when a staff member intentionally or unintentionally injures a child in our care. It is important to recognize that regardless of intent, when a child gets hurt by a staff member, we may be liable.  
• Child on Child - actions of abuse and neglect can also be the result of a child hurting another child. It is easy to jump to the conclusion that because an inappropriate action or injury is perpetrated by another child if supervision was inadequate, we may be liable.
• Training – proper staff training can help identify signs of abuse or neglect. Lack of awareness of key policies and procedures also leads to unintentional allegations of abuse and neglect.

Risk Rating:  High Risk & Moderate to Low Frequency

2.2.4 Employee Incidents and Accidents:

• Supervision - management presence plays an important role in monitoring employees’ practices to ensure we are following all safety practices. Management presence also leads to finding hazards that may appear unintentional, i.e., trip and fall areas or other maintenance issues that should be reported.
• Training - training employees on health and safety best practices and hazard reporting leads to a safer workplace with less incidents and accidents.
• Return to Work Program- awareness of COA’s Return to Work Program and approved light duty assignments boosts moral and limits long term effects for the employee and the company.
  1. What to know:
     • First 7 days is critical to return employee to light duty
     • Follow light duty restrictions from physician.
     • Follow COA light duty assignments.
     • Certified offer to return to work.

Risk Rating: High Risk & High Frequency

2.2.5 Property Damage:

• Supervision – many of our water damage claims originate as result of poor supervision, i.e., child breaks fire sprinkler, toys found in plumbing, water left running, etc.
• Poor Decision making – Many property damage claims, specifically, as it relates to company vehicles happen because of reckless driving or poor decision making. Remember we care for children; the consequences of our actions may have lasting effects on the lives we promised to protect.
• Mechanical Failure - commonly thought to be the leading cause of property damage, is often  secondary to supervision and natural disasters. True mechanical failure is accidental and unpredictable – just be sure to understand the difference between a clogged toilet and a toilet with a toy in it.
• Natural Disasters - Outside wind, water, fire and flood damages or other acts of God do occur. Report maintenance issues and make leadership aware of imminent storms.
• Theft & Vandalism – if vehicle are not properly locked, not parked in safe areas or inspected monthly may be subject to theft and vandalism.
• Training – staff members should be trained on how to report maintenance issues, suspicious activity and be made aware of best practices for transporting children and/or general supervision.

Risk Rating: Moderate Risk & Moderate Frequency

2.2.6 Employer Practices Liability (EPLI):

• Discrimination – discrimination against a person because of their age, race, sex, or sexual preference, religion, or any other protected class is strictly prohibited; violations or perceived violations can lead to potential liability for the company
• Inappropriate comments and actions – any comments that are not appropriate for the work place, especially, between a supervisor and an associate are strictly prohibited and can be perceived as creating an hostile work environment.
• Retaliation – employees can not be retaliated against for reporting concerns or violations of laws or fair labor standards in the workplace to the company or any third party, i.e., licensing, OSHA, Department of Labor, etc. 
• Failure to follow progressive discipline – Any terminations or resignations that did not follow COA’s prescribed progressive discipline process can lead to liability and perception of termination for something other than performance or failure to perform required duties
• Training – lack of proper training, and utilization of resources available to management often lead to poor decision making that exposes the manager and the company to violation of the above key areas that result in EPLI cases. 

Risk Rating: Moderate Risk & Moderate Frequency

2.2.7 Parent, Vendor, Third-Party Incidents and Accidents, or General Negligence:

• What is General Negligence? - This is a broad term that can mean a lot of things; most commonly, general negligence we will refer to incidents and accidents that can be attributed to failure to use reasonable care, resulting in damage or injury to another party.
• Training – It's important to instill a sense of ownership in team members so they all feel invested in doing the right thing and addressing opportunities and risks before they lead to an accident.  An example would be water on the bathroom floor; would your staff walk by it and not address it or report it, or would they feel that it’s reasonable to take the time to address such a simple fix that could prevent an incident or accident?

Risk Rating: Moderate Risk & Moderate Frequency

2.2.8 Additional Resources:

• Child Injury Accident Checklists [O:\OPERATIONS MANUALS\Forms for Ops Manuals\Forms Alphabetically]
• Employee Injury Accident Checklist [O:\OPERATIONS MANUALS\Forms for Ops Manuals\Forms Alphabetically]
• Vehicle Accident Checklist [O:\OPERATIONS MANUALS\Forms for Ops Manuals\Forms Alphabetically]
• How to submit an initial report: Microsoft Forms
• How to update your first report: https://helpdesk.coaunity.com/