Table of Contents
Accident/Sickness Insurance (PDF format)
Background Investigation and Fingerprinting (PDF format)
General Liability and Automobile Insurance (PDF format)
Accident/Sickness Insurance
Frequently Asked Questions
1. When is the Hartford Accident Insurance coverage in effect?
4-H members and volunteers are provided limited accident coverage (see The Hartford brochure for limits) when taking part in or attending an approved, regularly supervised 4-H activity. They are also covered while traveling to and from a 4-H club or county activity, and while traveling directly between home and a 4-H meeting place for a scheduled activity. However, in the event of an auto accident and there is other medical payments coverage available, the Hartford Policy will not provide coverage until the other insurance is exhausted.
2. What are the coverage limits for the Hartford Policy?
The 4-H accident coverage is provided through a 4-H policy with The Hartford. The coverage limits are:
•Death: $10,000
•Loss of sight both eyes: $15,000
•Loss of both hand or both feet: $15,000
•Loss of one hand and one foot: $15,000
•Loss of either hand or foot and sight in one eye: $15,000
•Loss of either hand or foot: $7,500
•Loss of sight in one eye: $7,500
•Loss of thumb and index finger of either hand: $3,750
•Accident medical or surgical treatment limit: $10,000
•Sickness medical or surgical treatment limit: $2,500
3. Are one time participants covered?
Yes, one time participants are covered when participating in or attending an approved regularly supervised 4-H activity. Hartford provides a blanket insurance policy that covers all 4-H participants/parents that are injured as well as one time attendees.
4.If we have a 4-H sponsored event and non-4-H participants attend, are they covered by any insurance?
Non-4-H participants must sign a voluntary waiver and are not eligible for coverage under the University insurance. One-time attendees may be eligible for coverage under the Hartford Accident and Sickness policy. If non-4-H participants are supervised by 4-H volunteers, the volunteers must exercise the same degree of care and duty for all participating parties regardless of 4-H membership.
5.What happens when there is an accident involving a 4-H member or 4-H Volunteer?
There are several steps to complete this process.
??If the participant is going to request insurance coverage for the accident, a Hartford claim form should be submitted to the county office. (See the claim form and instructions on the State 4-H Website).
??The 4-H staff, with county director signature, should also complete an Incident Report Form and submit to ANR Risk Services. The Incident Report form is available here: http://groups.ucanr.org/ANR_RIsk_Services/Forms_and_Waivers/
6.Are overnight activities covered?
Yes, sanctioned 4-H overnight events and activities are covered. Additional coverage can be purchased through the 4-H Hartford policy for camps.
The additional coverage for camps has a fee of $1.50 per person per week and the following benefits and limits:
•Paralysis and coma benefit: $35,000
•Sickness Medical Expense benefit: $3,000
•Deductible amount: $0
7. Are there any exclusions in the Hartford policy?
Yes, the policy does not cover loss resulting from or for: intentionally self-inflicted injuries, suicide or attempted suicide; flying in any aircraft other than a regularly scheduled airline; injury sustained while the injured person is taking illegal drugs; injury sustained while committing a felony; injury sustained as a result of being legally intoxicated while operating a motor vehicle; a member practicing or participating in events that are under the direction of any amateur league, conference or association or participating in any event that constitutes competition between human and animal. Expenses covered under any automobile insurance medical payments benefit are also excluded. Call the Statewide 4-H office if you have other questions about the Hartford policy.
8.Is sickness coverage available?
Yes. There is sickness insurance for 4-H camps or other trips when a member or volunteer becomes ill on such a trip or event. Hartford will pay reasonable and customary expenses, up to the policy limits listed above, for surgical or medical if the first expense is within 30 days after the sickness begins.
9.Is there accident insurance for members/volunteers participating in non-4-H events (fairs, community clean-ups etc?)
The Hartford policy covers each 4-H member, volunteer leader or one-time participant while he or she is participating in an event or activity that is sanctioned by the county 4-H YDP staff and is supervised according to 4-H YDP policy.
10. Does a volunteer have to observe an accident in order for the 4-H youth/volunteer to be covered?
No. However, the Hartford policy does state that covered activities must be supervised. This means that even though the volunteer may not personally witness an accident, the event or activity must be supervised in accordancewith 4-H YDP and University policy. Additionally, the details of the accident should be reported on Incident Report form and filed with the ANR Risk Services Office.
11. Are 4-H youth covered with Hartford Accident Insurance when a parent (non 4-H volunteer) is driving?
The Hartford policy states that 4-H members and volunteers are covered while traveling directly to or from 4-H sponsored activities and their home. This coverage is subject to the limits and exclusions in questions #2 and 7 above, including an exclusion for expenses covered under any automobile insurance medical payments benefit.
12. Are 4-H youth covered if another youth is driving?
No. 4-H YDP policy prohibits 4-H youth from transporting other youth as part of a 4-H activity or event.
13. Are 4-H youth covered when injured by their 4-H project animal or someone else’s project animal?
Yes. The Hartford policy would cover injuries caused by animals. The University would not offer any supplemental coverage for injury or damages caused by member-owned animals.
14. Are youth and volunteers covered when attending out 4-H activities out of state or out of the country?
Yes, as long as it is a 4-H activity.
15. If youth and volunteers are leaving the state or traveling out of the country, do 4-H YDP staff need to notify the State 4-H YDP office or Hartford?
No, however, if there is a claim abroad, the youth or volunteer will need to pay the for the medical care at the time it occurs and then submit a claim form to Hartford to request reimbursement.
16. What is the appeal process on a denied claim to Hartford?
If a claim for benefits is wholly or partially denied, notice of the decision shall be furnished to the Insured Person. This written decision will:
(a) give the specific reason or reasons for denial;
(b) make specific reference to policy provisions on which the denial is based;
(c) provide a description of any additional information necessary to prepare the claim and an explanation of why it is necessary; and
(d) provide an explanation of the review procedure.
On any denied claim, an Insured Person or his representative may appeal to Hartford for a full and fair review. The claimant may:
(a) request a review upon written request within 60 days of receipt of claim denial;
(b) review pertinent documents; and
(c) submit issues and comments in writing
Background Investigation and Fingerprinting
Frequently Asked Questions
Some of these questions will be answered in further detail in future scheduled Regional DOJ Training
1. Are we permitted to hire a person during the time his/her background investigation is being processed?
Only if Risk Services grants permission to conditionally employ a person pending the outcome of the background investigation process. This process may involve Risk Services consulting with the Director of Human Resources. Under no circumstances may the employee supervise youth or have access to criminal records of others until the criminal history/identity investigation is successfully cleared. If the results of the ANR background investigation indicate that the person is not eligible for the position in which he or she is employed, the provisional employee will have the opportunity to clarify the report with DOJ/FBI and to provide additional evidence to the responsible ANR unit administrator within two weeks. If not resolved satisfactorily, ANR must immediately release the person from this provisional employment.
2. Can a new employee or volunteer have supervisory responsibility for youth or access to criminal records employee only before the background investigation is completed?
No.
3. If I am both an ANR/CE volunteer, as well as an ANR employee whose position description does not include contact with youth or access to criminal records of others, who initiates the background investigation?
The county where you are serving as a volunteer.
4. If “supervision” is by a classroom teacher, but ANR staff or volunteers are participating in the teaching, must the ANR staff have a background clearance?
If ANR staff/volunteers are teaching in classrooms where a classroom teacher is present, a background investigation is not required because the teacher is supervising the youth
.
5. Who will pay for the cost of fingerprinting for employees?
The Regional Director (or other appropriate administrative office) is responsible for paying all costs associated with the background investigation of ANR employees.
6. What happens when ANR County personnel or a volunteer invites non-ANR personnel/volunteer to attend our programs?
In this case, the ANR personnel are responsible for supervision of the youth and the guest would not have to be fingerprinted.
7. Why should prospective and current employees/volunteers be fingerprinted?
The fingerprint process is a standard requirement for ANR employees supervising youth and is provided for by California law. The University checks the prospective employee’s work history, salary, background, and/or education, as appropriate, as well as criminal history related to sex, drugs, or certain violent crimes.
8. Will fingerprinting screen out 100 percent of potential problems?
No. The fingerprint process will only “red flag” convictions in the specific areas listed in the California Penal Code. This method is not a 100 percent guarantee that potential problems will be detected, nor is any other process we have. Having this process is, however, a significant deterrent. The process will help to reject an applicant if his/her records show they are a danger to youth and will likely keep more individuals with questionable backgrounds from applying for a position.
9. What will happen if I am a current employee/volunteer responsible for the supervision of youth, a hiring authority, or an employee who reviews background check information and I refuse to be fingerprinted?
Refusal to comply with UC policies and procedures will result in reassignment or termination.
10. What happens to the employees’ fingerprint records?
After the hiring decision is made or a decision is made regarding an existing employee, the records are destroyed, in accordance with Department of Justice requirements.
11. What do I do about rejected prints?
When DOJ rejects scanned fingerprints as unreadable, a mechanism exists within DOJ to facilitate the resolution of this problem. If DOJ is aware that a second set of fingerprints for an individual is being submitted, a manual clearance based on a name search, SSN and Driver’s License Number will be conducted if this second print submission is still unreadable. Thus, we now only need to submit prints for each individual a maximum of two times. Note that this second submission must involve a rescanning of the individual’s fingers. The original prints cannot be resubmitted.
Any second submission needs to alert DOJ to treat the submission differently than a first time submission. Rejected prints come back with an original ATI Number recorded on the form. When resubmitting another set of fingerprints, indicate the original ATI Number from the first rejection on the second submission. If the prints are again unreadable, DOJ will conduct a manual search automatically.
12. What are some of the more common reasons that fingerprint submissions are rejected?
Livescan and fingerprint card submissions can be returned by DOJ/FBI for a variety of missing information pieces ranging from fees or billing information, through DOJ assigned number and employer address, to missing applicant information. This latter category is the most common problem with the missing information often being legible fingerprints, signature of applicant, complete name and residence address of applicant, reason for fingerprints (applicant type and title),and other necessary information (e.g., SSN, Sex, Height, Weight, Eye Color, DOB, Place of Birth). Careful completion of the card or live scan request avoids the unnecessary delays associated with rejected submissions.
13. Who do I contact when I have questions about the fingerprinting process or DOJ/FBI processing?
The ANR Office of Risk Services (ORS) will coordinate the responses to questions that arise. Queries can be e-mailed to Risk Services Analyst Linda Harris atLinda.Harris@ucop.edu
A list serve will be maintained by ORS for questions and answers so that commonly expressed concerns and solutions can be shared with others.
14. We have an ORI Number, do we need a mail code number?
Yes. To receive electronic notification of a volunteer background investigation you must request a mail code number for electronic fingerprint clearance notification.
15. Does the Department of Justice (DOJ) accept faxed copies?
No, faxed copies are not accepted. There are no exceptions.
16. Where can I find the Livescan (electronic fingerprinting) application on line?
The blank form is on the California Attorney General’s website at:http://ag.ca.gov/fingerprints/forms/BCII_8016.pdf
For a list of Livescan sites go to: http://ag.ca.gov/fingerprints/publications/contact.php
You can also find Livescan forms partially completed with ANR-specific information on the Risk Services website under Forms/Waivers:http://groups.ucanr.org/ANR_RIsk_Services/Forms_and_Waivers/
17. What will happen to my Livescan application if there is missing information and/or forms?
It will be returned to you and will not be processed by the DOJ.
18. Should I keep a copy of all documents sent to DOJ?
Yes, you should retain a copy of all documents sent to DOJ.
19. Who can I contact at DOJ if I have additional questions about volunteers?
Contact the DOJ fingerprint processing unit, currently Rita Godvold, at (916) 227-3838. However each county is assigned a Field Representative. Rita will provide you with your representative’s contact information.
20. When were UCCE offices required to file for Subsequent Arrest Notification?
Some counties had undergone DOJ audits and filed for SAN prior to the call, however the call went out to the Regional Directors in March of 2006. The goal was that all counties would have applied to the DOJ by October 1, 2006.
21. Is there any information available to UCCE County Directors about the Subsequent Arrest Notification process? If yes, where do I find the information?
You may contact the ANR Office of Risk Services for specific information, and you may also find the contract for Subsequent Arrest athttp://ag.ca.gov/fingerprints/forms/subarr.pdf
22. Is there a process to follow if a county receives a Subsequent Arrest Notification for a volunteer?
Yes, you should contact the Statewide 4-H Office, your Regional Office, and ANR Office of Risk Services.
23. Who do I contact if I need help regarding a Subsequent Arrest Notification?
You should contact the Statewide 4-H Office.
24. What is the policy about how to maintain Subsequent Arrest Notification records?
A confidential business record will be maintained that indicates all active volunteers who have received a background clearance from the California DOJ and the date of this clearance. All fingerprint cards, returned by the California DOJ, as well as all DOJ faxed or emailed notices on applicant clearance must be destroyed after recording the DOJ results as a confidential business record in the local office.
The following information must be retained as part of the confidential business record:
A. Name of applicant
B. Date received and type of response from DOJ (clearance/non-clearance)
C. Type of application (original or resubmission)
D. Original ATI number
E. Level of service:1. Basic DOJ clearance
2. Follow-up service
3. FBI clearance
25. When a volunteer is not reappointed or terminated what process does the UCCE county office follow?
The County Office issues a letter of non-reappointment or termination. Examples are included in this binder. The State 4-H Office is notified in a blind copy. The letter outlines procedures for volunteers to return any property or banking account information to the county office. The volunteer is relieved of his/her leader card.
26. How long should a UCCE county office keep DOJ (clearance and subsequent arrest notification) information on file?
Any criminal record information that is reported during the DOJ clearance or under Subsequent Arrest Notification is confidential and should be destroyed after it is reviewed. However, you should retain identification information (i.e. items A-E in Question 24 above) as a part of the confidential business record as long as the volunteer is active or for two years after the volunteer is no longer in service.
27. The Live Scan form is a three part form. Should the UCCE County office keep a copy of the Live Scan form if a volunteer returns it to the UCCE county office?
Yes, as it has all the information needed that is mentioned in Question 24 above. However, you should delete the DOB, SS# and Drivers License information.
General Liability and Automobile Insurance:
Frequently Asked Questions
1. What does the UC liability insurance cover?
UC general liability insurance provides limited liability coverage for 4-H volunteers in cases where there are allegations of negligence on behalf of a volunteer who was acting within a volunteer capacity on behalf of UC, including allegations arising out of the supervision of people and general supervision of a UCCE/4-H-sponsored programmatic activity. Coverage will be determined on a case-by-case basis. The insurance does not provide coverage for any personal or real property that is not under the care, custody or control of the University. Examples could be ownership of animals, using one’s home, ranch, garden or arena for a program.
2.What is difference between liability and accident insurance coverage? What kind of protection are 4-H volunteers provided?
Liability coverage typically refers to damage or injury to other parties that is attributed to the negligence of the University and/or its agents (volunteers). Accident insurance coverage refers to accidental injury or illness to 4-H members or volunteers that occurs during a 4-H activity. Accident and injury insurance is provided under a policy issued by The Hartford and is described in greater detail in a separate FAQ document. In general, registered volunteers are covered by the University’s general liability insurance while participating in official activities and acting within the course and scope of their duties. This coverage would include damage to another’s property or injury to another person that occurs due to negligence on the part of the University and/or its agent (the volunteer).
3. How does UC liability coverage coordinate with 4-H volunteer’s personal liability and automotive coverage?
In the case of an automobile accident, the volunteer’s personal automotive liability coverage would be primary and the University’s coverage would be secondary. This pattern may also apply for matters involving general liability. For example, if another party was injured at a volunteers home, the volunteer’s personal liability coverage would be primary. The next several questions provide greater detail on primary and secondary coverage.
4.What is difference between primary and secondary coverage?
In an incident where there may be multiple insurance policies at stake, the different policies are said to be “primary,” “secondary,” and in some cases “tertiary.” Primary coverage refers to the first insurance that will be used. In the case of an auto accident, the driver’s personal automobile insurance will be the primary coverage. If the cost of the accident exceeds the driver’s personal insurance limits, then the University’s self- insurance program may offer secondary coverage. The presence of secondary coverage from the University
would depend on several factors, such as whether the auto accident occurred as part of a 4-H activity, and the driver’s insurance maximum limits (as discussed in #6 and 7 below)
5. What is the minimum primary automobile coverage required of a 4-H volunteer to be covered under UC’s secondary automobile liability insurance?
University policy requires employees or volunteers who are driving on University business to maintain insurance coverage in the following amounts: $50,000 for personal injury to, or death of, one person; $100,000 for injury to, or death of, two or more persons in one accident; and $50,000 for property damage. These limits are commonly referred to as: “50/100/50”. These University minimums are higher than the State minimum insurance requirements of 15/30/5. If a volunteer driver is involved in an accident, the secondary coverage from the University would apply only after the limits of the volunteers’ vehicle primary liability insurance policy have been reached.
6.What if a 4-H volunteer does not have this minimum primary coverage? Are they afforded any UC automobile liability coverage? Are they still allowed to transport 4-H youth?
If a 4-H volunteer does not maintain coverage in accordance with the University’s minimums, and the auto accident occurred as part of a 4-H activity, then the volunteer would be responsible for paying the amount between their auto insurance maximum coverage limits and the University’s minimums. I.e., if the volunteer has the State minimum coverage of 15/30/5 and is involved in an accident while on University business and the policy limits are exceeded the volunteer would be liable for the difference between their policy limits and the University’s secondary coverage 50/100/50.
7. Who pays for an automobile accident if I, as a UC volunteer, am negligent while driving my personal vehicle?
If you are a formal volunteer who is involved in an automobile accident while in the course and scope of your UC activities, and you are found to be negligent, UC provides secondary coverage (as described above) after your personal auto insurance limits have been depleted.
8. How does a 4-H volunteer file an automobile liability insurance claim?
A claim is initiated by completing an incident report form and submitting it to the county UCCE office. The UCCE will forward the form to ANR Risk Services. The form ( Incident Report 2008 ) is available from the UCCE office or from the Risk Services website at: http://ucanr.org/risk.
9. Are parents provided any UC liability coverage when transporting their own children to and from 4-H events or activities?
No.
10. What does Additional Insured mean?
Naming another party as an insured or additional insured under the program means that, in the event of a claim or lawsuit, the individual named would be covered under the University’s self insurance program.
11. A volunteer in our program wants a Certificate of Insurance because we hold meetings at his/her house, can we provide one?
Certificates are not usually issued to volunteers who use their homes for meetings. The insurance coverage provided by the University covers the supervisory responsibilities of the people in the program, but not the ownership or maintenance of the property. There are exceptions, such as homes used for events that are open to the general public, such as garden tours, etc.
12. Can I get a Certificate of Insurance faxed to me because the event is tomorrow?
Yes, but a faxed copy does not replace the original in the mail. The insurance certificates need original signatures. When planning an event please allow adequate time for contract review and receipt of an original insurance certificate.
13. If I want to use someone's property for a program and present them with an ANR contract, what does the contract and Certificate of Insurance mean to the property owner?
The contract specifies the terms and agreements regarding the use of the property and the Certificate of Insurance provides evidence of UC’s financial responsibility. The Certificate of Insurance states that the University’s self-insurance program provides coverage for the University, its officers, agents, and employees for their negligent acts or omissions while involved in the course and scope of their employment or volunteerism. Generally, the course and scope involve supervision of people in a given program. If requested, the property owner may be added as an Additional Insured on the Certificate of Insurance.
14. When are 4-H volunteers provided UC liability coverage if transporting 4-H Youth?
Volunteers are covered only when the transportation is part of an official University activity. Traveling to and from activities (individually or in informal car pools) is generally not covered. If the activity is organized such that attendees gather at a prescribed location and then travel as a group to an event, then that travel would be covered as discussed in Questions 3-9 above.
15.When are non 4-H participants provided liability coverage?
Visitors at 4-H events may be covered for damages or injuries if the damages are due to negligence on the part of the University or its agents (employee or volunteer).
16. Do we have to have a copy of the 4-H volunteer’s home owners or auto insurance for them to be covered?
To show that they have primary coverage?
Copies of volunteers’ coverage are not currently required, but may be required in the future to verify coverage at the time of volunteer sign-up and ensure compliance with University policy.
17. When do we need to obtain a certificate of insurance for facility use of a 4-H event?
Only when the facility requests it.
18. If a facility does not require an agreement or any other signed document can a 4-H club just use the facility with out any UC paperwork?
It is a best practice to have an agreement. If the facility does not have an agreement, use Attachment A Standard Hold Harmless/Indemnification Clause which indemnifies each party.
See Risk Services website for more details at:http://groups.ucanr.org/ANR_Risk_Services/Forms_and_Waivers/
19.Can 4-H clubs/VMOs write a check for the rent of the school for their meetings?
Yes, As long as the Facility Use Agreements are issued to the UC Regents, with signature of the County Director.
20. Can a 4-H volunteer request to be additionally insured?
Usually, no. There are exceptions on a case by case basis, i.e. garden tours, etc. where the public are visiting volunteers’ property as part of an official program or event.
21. Can 4-H clubs or councils take out additional insurance beyond the UC insurance?
No
22. What is product liability insurance? When would a 4-H club need it?
Product liability insurance covers losses due to injuries or damage that result from defective products. Product liability insurance may be needed if the 4-H club is making and selling a product (i.e. selling handmade crafts or preparing and selling food). You may request this insurance by writing “Products and Completed Operations Aggregate” under “Minimum Dollar Amount Limits Required” on Attachment C (Request for Certificate of Insurance). See Risk Services website for forms and more details at:
http://groups.ucanr.org/ANR_Risk_Services/Forms_and_Waivers/
23. Is 4-H equipment – owned by the 4-H club/VMO’s – such as a PA system, cover by theft insurance?
Equipment that is owned by the University is covered by the University’s self insurance program. Property that is owned by the club would not be covered by the University.
24. When a 4-H Leader signs the voluntary waiver, are they giving up their right to indemnity by the University in case of a lawsuit?
If they are individually named in a lawsuit stemming from a 4-H event where someone was injured or property was damaged, UC would provide representation for their supervisory responsibilities while in the course and scope of the sponsored, sanctioned UC activity.
25. Suppose the facility owner only wants to know that UC has insurance. What can I show them?
Contact the Risk Services office to receive the general statement of UC insurance coverage document. See contact information at the end of this Q&A.
26. What form do I need to complete in order to get an insurance certificate from the Risk Services Office?
Complete Attachment C (Request for Certification of Insurance) and send by email, penalty mail or fax to Linda Harris in the Risk Services office. This and other forms are located on the Risk Services website:http://groups.ucanr.org/ANR_RIsk_Services/Forms_and_Waivers/
27. How long will it take me to get an insurance certificate from the Insurance and Risk Services Office located in Oakland?
If we receive a negotiated, fully executed agreement, accompanied by a completely filled out Attachment C (Request for Certification of Insurance), the turn-around time is usually less than 5 working days. Expedited requests can be made by contacting Linda Harris in the Risk Services office.
28. What is the UC policy regarding signing contract hold harmless clauses?
Regents' policy specifies that the University will enter into agreements where the University only assumes liability for its officers, agents, employees, students, invitees, and guests unless there is special authorization.
29. Are there any agreements with hold harmless clauses that County Directors or Regional Directors can sign?
Yes. County Directors and Regional Directors are delegated the authority to execute agreements for:
•Facility use agreements with a hold harmless/indemnification clause using the University's preferred languages, or
•Facility use agreements with the State of California, Division of Fairs and Expositions, which cover the use of fairgrounds, after they have been modified, or
•Facility use agreements with a hold harmless/indemnification clause previously approved by the University's General Counsel, or
•Facility use agreements without a hold harmless/indemnification clause.
30. Does the Office of Insurance and Risk Services located in Oakland ever approve signing contracts containing hold harmless clauses that require UC to accept liability for third parties?
Yes, rare exceptions are made on a case-by-case basis.
31. If a facility owner is also a formal UC volunteer, what does UC's insurance cover?
UC's insurance doesn't cover the ownership or maintenance of the property, only the volunteer's supervision of the program.
32. If a property owner allows UC to use his or her property, what should he or she do to protect themselves?
The property owner should contact his/her insurance company, and confirm they have adequate insurance coverage for the event as prescribed by their insurance company.
For more information, contact
ANR Risk Services Office
http://ucanr.org/risk
Linda Harris, Risk Services Analyst
University of California, Office of the President
1111 Franklin Street, 6th Floor
Oakland, CA 94607
Phone: 510 987-0085
Fax: 510 987-0965