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INSURANCE MATTERS
 
A Newsletter for Members of the CCAP Insurance Programs
Owned by Members, Governed by Members, Service to Members
 
November 2010
Specialty Lines
 
Hello ,

The November/December issue of CCAP's County News magazine will be sent to all counties in the next couple of days. The theme for this issue is Risk Management, and CCAP's insurance staff coordinated the articles. We were fortunate to have several county staff assist us, including risk managers from Allegheny, Chester, Franklin, Northampton and Tioga Counties. Several PCoRP and PComp defense counsel contributed articles.

Topics include alternative funding for health care, building appraisals and technology, a Q and A section on self insuring for workers' compensation insurance, a risk manager roundtable, the role of the local insurance producer, saving money on workers' compensation, and an article about amazing claims.

The County News is mailed to all county commissioners, chief clerks and solicitors and is also sent to the members of the General Assembly and key members of the Governor's administration. All local insurance producers who work with CCAP's insurance programs also receive a copy. If you are an Insurance Matters reader who does not receive the County News, and would like a copy of the Risk Management issue, send me an e-mail and I will send you an electronic copy. To send me an e-mail, click here.

Make sure you call us when you need help with something,

                              John Sallade

In This Issue
Specialty Lines
Fall workshop season
Strip search policy
Congratulations Northampton County
Property risk control
Quote of the month

Quick Links 






Join our Mailing List!
 
Fall workshop season is winding down 

By Linda Rosito, Insurance Training Director

 

Although November brings us to the end to the fall workshop season, there are still a few workshop opportunities available this fall. We hope you will take advantage of these excellent workshop opportunities. Please remember if your county is a member of the sponsoring insurance program the workshop is FREE to attend. And lunch is included!

 

UPCOMING WORKSHOP OPPORTUNITIES:

 

 

For more information on these workshops and the rest of the fall workshop season, please refer to Glimpse Online.

 

Spring workshop planning is underway. Look for your copy of the spring Glimpse to arrive in mid January. If you have not received a copy in the past and would like to be added to our mailing list, please let us know!

 

As always, if you have any questions, please feel free to contact Linda Rosito or Jennifer James at (800) 895-9039.

 

Thank you for your continued support of the CCAP Insurance Programs trainings.

 

 

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Third Circuit permits blanket strip search policy  

By Marie Millie Jones, Esquire, Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C

 

In a much awaited opinion, the United States Court of Appeals for the Third Circuit, in a 2-1 decision, ruled in favor of two county correctional facilities in New Jersey, indicating that the blanket strip search policies of those facilities are constitutional and may be utilized.  Judge Hardiman, formerly of the Western District Court in Pittsburgh, who wrote the opinion, provided a detailed analysis of the United States Supreme Court's decision in Bell v. Wolfish, 441 U.S. 520 (1979), as well as noted the decisions of the ten Circuit Courts across the country who have dealt with this issue to date. While being careful to review the factual details of the underlying cases, and the specific provisions of the policies of the two county facilities, ultimately, the Circuit holds that in balancing the security interests of the jails at the time of intake before arrestees enter the general population against the privacy interests of the individual arrestee, strip search procedures of these two county jails were considered reasonable.

 

By way of background, the policies at issue involved a disrobing of all arrestees, regardless of the nature of charges against them, followed by a supervised shower.  One of the county policies also included specific language that the entire naked body of the inmate would be observed "including body openings and inner thighs."  The Court was considering whether a blanket policy of strip searching was appropriate of whether a strip search could only be conducted after an individualized assessment was performed which justified the search for a particular arrestee.  While the opinion did go into some history about how some strip search policies include body cavity searches, and how that could be more intrusive, the court ultimately felt that the basic strip search policy resulting in the arrestees being naked in front of correctional staff was constitutional and that no individualized reasonable suspicion analysis had to be conducted.  The court was persuaded that the scope, manner and place of the search were reasonable and similar to those in the Bell decision, which permitted searches generally.  (Again, Bell distinguished body cavity searches and basically allowed naked arrestees to be observed.)  Ultimately, the Circuit felt that the security interests of the jail were paramount and did give great deference to administrators of prisons and jails. 

 

One judge dissented, indicating that the underlying district court opinion should have been upheld because it was particularly detailed and cogent, and demonstrated that the objections of the jails raised about smuggling were not legitimate.  However, the decision stands given the 2-1 result.

 

Given the number of persons and entities who filed amicus briefs to support both positions, I would expect further review of this decision. Initially, a request to have the matter heard before the entire Third Circuit en banc may occur as an indicator of the significance of the issue presented by the appeal.  Either way, even if the en banc request is not made, it would be expected that a Petition for Certiorari would be filed to the United States Supreme Court.  The standard for considering the matter by the highest court could be met in this instance because now there is a greater split among the Circuits, something the United States Supreme Court often utilizes as a basis for review.

 

From a practical standpoint, this decision indicates that county jails in the Third Circuit may utilize a blanket policy for strip searches, so long as the strip searches are of a nature similar to those analyzed in this decision.  Such policies would include a general ability to observe a naked arrestee, including during a clothing exchange process and/or during a shower.  Many county jails utilize a checklist or form which requires them to assess whether or not an arrestee meets the standard of individualized reasonable suspicion.  (Counties which are members of the Pennsylvania Counties Risk Pool are strongly encouraged to maintain this practice to comply with insurance underwriting requirements.) Continuing to utilize this standard would be a strong prophylactic to any potential change in this decision if it is heard by the United States Supreme Court, and will provide a very strong defense to any claims relating to the propriety of strip search policies and practices.

 

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Northampton County prison earns 100 percent compliance
 
For the first time in its history, Northampton County Prison is 100 percent compliant with state laws regulating prisons. Lieutenant Sandra Leonowicz, a prison inspector with the Pennsylvania Department of Corrections, said Northampton County is one of 22 prisons that received 100 percent compliance this year during its annual inspection.

 

Northampton County Corrections Director Robert Meyers said the prison staff's hard work led to the accolade. One of the reasons the prison did not receive a full compliance in the past was due to infrastructure problems in the building's 1871 portion. Upgrades were made to the prison walls, its roof, visiting room and gym bathroom, as well as kitchen appliances and security cameras.

 

Congratulations to Northampton County!

 

This article was based on an article in the Express-Times by Sarah Cassi.



Severe winter weather property risk control 
By Gary Nicholson, CHSP, Senior Loss Control Specialist 

 

iciclesThe gusting winds, heavy snow, and freezing temperatures associated with winter are normal and often anticipated occurrences throughout Pennsylvania. Winter weather events mixed with a lack of preparation can lead to building damage, freeze-up, flood, and business interruption losses. Advance preparation can help to mitigate winter weather impacts on county and county related entities.

 

 

This article discusses basic risk control measures to reduce the risk potential for facilities exposed to severe winter weather.

 

REMOVAL OF SNOW AND ICE ON THE PROPERTY

 

Immediately after a heavy snowfall, remove snow and ice from property access roads and walkways to maintain access to the property and buildings.

 

A properly planned and executed snow removal program is critical for property protection because:

 

  • Cleared drives and parking areas and sidewalks cleared of snow and ice will minimize the possibility of slips, trips or falls, thereby reducing the chances for serious injury to employees and visitors.
  • Cleared drives and parking areas also allow site access for emergency response vehicles, and clear walkways will allow easy access to the building by emergency response personnel.
  • Clearing snow and ice from fire hydrants, those connections and fire protection valves will keep them visible and easily accessible to firefighters.

 

PREVENTING ROOF COLLAPSE

 

Snow is heavy; ice even heavier. Depending on the building age, type of roof and other design parameters, excessive snow and ice can cause serious property damage, or even roof collapse, under worst-case conditions.

 

Contributing to roof collapse are the rapid freeze and thaw cycles that occur throughout the winter. Ice can quickly accumulate, blocking roof drains. Then, the weight of the ice and snow buildup can overload a roof above its design parameters resulting in collapse.

The following risk control best practices will help you reduce the likelihood of this situation developing.

 

RISK CONTROL BEST PRACTICES

 

To lessen the chances of serious property damage due to snow and ice accumulation on the roof:

  • Clear accumulation of snow from the roof, particularly in areas of different elevations where drifts quickly build up.
  • If a roof is susceptible to large snow drifts, is in an area with heavy snowfall, or is difficult or hazardous to access, initiate a formal snow removal program with a local contractor qualified for roof snow removal with trained staff and proper equipment (shovels, snow blowers) and the appropriate safety planning for those workers/contractors. Equipment that can damage a roof, e.g., ice chopper, blowtorch (a fire hazard!), should never be used.
  • Keep an updated winter emergency response plan in effect, especially for snow removal. Include emergency contact numbers for qualified contractors and the building landlord (if leasing the building).
  • Verify that drains are clear to allow run-off of melting snow. If the roof is pitched and without drains, open paths to the eaves to ensure drainage and prevent ponding of water.
  • Regularly inspect roof drains and remove any debris that could prevent flow. Make sure exterior down spouts are clear of snow or ice at the outlets.
  • Be alert for the beginning of ponding-deflection cycles. As snow compresses and absorbs rainwater, the increased weight on the roof will result in depressions that will not drain. Once this condition begins it only gets worse, and if appropriate action is not taken, the roof could eventually collapse.

Important: Keep the roof well maintained and do roof repairs and covering replacements as soon as required.

 

PREVENTING FROZEN AND BURSTING WATER PIPES

 

 Indoor pipes can freeze, depending on such variables as outside temperature, inside temperature, insulation and placement in the building. Pipes in attics, above ceilings, in crawl spaces and basements, and near exterior walls are highly vulnerable to freezing, especially where there is poor insulation, wall cracks or other openings that allow entry of cold outside air.

 

Monitor important risk control equipment, such as water-based fire protection systems (automatic sprinkler systems, fire pumps, hoses and hydrants). Whether or not piping in these systems actually bursts, any freezing of water can block water flow, preventing proper operation in case of fire. These systems must remain heated and ice-free to minimize losses from fire and water damage. Depending on the hazard, a wet pipe sprinkler system could be converted to a dry system.

 

RISK CONTROL BEST PRACTICES

 

To prevent the formation of ice in pipes due to freezing temperatures and to prevent the pipes from bursting, it is recommended that you:

  • Always place piping in heated areas of a building.
  • Properly insulate attics, exterior walls and other areas lacking adequate heating.
  • Repair broken windows, ill-fitting doors and other conditions that allow heat loss.
  • Keep exterior doors closed, even if not in the immediate vicinity of piping.
  • Maintain heat in buildings at all times. No area with piping should be allowed to fall below 40�F. (This requires regular maintenance, inspection and servicing of existing heating equipment, and safe emergency measures during a prolonged power failure.)
  • Shut off the water lines and drain all pipes if the building is to be left unattended for an extended period. (The exceptions are sprinkler systems unless all combustible materials are removed and the building is noncombustible or fire-resistive.)
  • Provide insulation around a pipe sufficient to reduce heat loss, or provide heat tracing, if the pipe might be exposed to freezing temperatures.
  • Install low temperature alarms (with remote monitoring) in cold-prone areas.
  • Adequately maintain and prepare dry-pipe sprinkler systems for cold weather (drain low points, etc).
  • Clear snow and ice from hydrants, outside hose connections and fire protection system valves to help prevent freezing of these systems.

Important:

  • Identify the main water shut-off valve(s) for the building and ensure that key personnel know where they are in case of a pipe break.
  • Never attempt to thaw a frozen pipe with an open flame.

VACANT, IDLE AND UNOCCUPIED BUILDINGS

 

A special mention should be made of buildings considered vacant, idle or unoccupied. All of the above issues and recommended best practices apply to these types of buildings. In fact, because they are typically rarely used and less frequently visited, an extra effort is required to ensure that all measures and precautions are taken. During severe weather, daily visits (if possible) should be made.

 

If adequate heat cannot or will not be maintained, the main domestic water supply valve should be shut off and all water from piping should be completely drained by a qualified plumber. Sprinkler systems and other water-based fire protection systems are a special case. Every effort should be made to keep these systems in service.

 

Advice given in this article is general in nature and covers basic procedures applicable to most, if not all, buildings susceptible to cold weather, snow and ice. It does not claim to cover all possible conditions, perils or hazards which may be found at a given location or building, nor to provide complete and all-encompassing loss prevention advice. Other factors could contribute to a loss, or prevent or mitigate a loss.


For more information contact Gary Nicholson, Senior Loss Control Specialist at
(800) 895-9039 or email [email protected]
.



 

 

 

 

Quote of the month
 
 "Once the game is over, the King and the pawn go back in the same box."
 
- Italian Proverb


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CCAP Insurance Programs
PO Box 60769, Harrisburg, PA 17106-0769
(800) 895-9039 - fax (717) 526-1020
Claims fax (888) 692-2368
Click here to go the insurance section of the CCAP website.

email: [email protected] 

 

Insurance Matters is published monthly by CCAP Insurance Programs for the use of members of CCAP's UC Trust, PCoRP, PComp, PIMCC, COMCARE, COMCARE PRO, BEST Flex, PELICAN and other insurance programs, and insurance producers of these members.

 

Advice contained in this publication is not legal advice and

members are encouraged to seek the opinion of their solicitor.

 

The information provided in this publication is not intended to take the place of professional advice. Readers are encouraged to consult with competent legal, financial, or other appropriate professionals. Statements of facts and opinions expressed in this publication, by authors other than Association staff and officers, are the sole responsibility of the authors and do not necessarily represent an opinion or philosophy of the officers, members and staff of the County Commissioners Association of Pennsylvania (CCAP). No endorsement of advertised products or services is implied by CCAP unless those products or services are expressly endorsed, or are owned or managed by the Association programs, or our affiliates. This publication may not be reproduced, modified, distributed, or displayed in part or in whole, by any means, without advance written permission of CCAP. Please direct your requests to John Sallade, Managing Director, CCAP Insurance Programs, [email protected]

 

 Note: As part of its copyright agreement the CCAP grants the author the right to place the final version of his/her manuscript on the author's homepage, subject to CCAP's standards, or in a public digital repository, provided there is a link to the CCAP website.

 

 

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