Chapter 10: Business, Insurance and Risk Management
The following is a summary of certain key administrative policies that are particularly relevant in the UCCE 4-H Youth Development Program (4-H YDP). They were developed to ensure that all 4-H YDP programs are managed and operated appropriately and according to UC policies. Additional information and policies can be found at the ANR Office of Risk Services website.
Since 4-H councils and unit have no status as a legal entity, they are not allowed to hire employees. However, there may be times when the services of a limited term employee or contractor are needed to conduct the business of the 4-H unit or council. In these rare cases, 4-H staff and county directors can follow the process outlined in the Contract_Limited_Term_Employee_Flow_Chart to hire or contract for the services. 4-H staff and county directors should work with their regional offices to complete the process.
4-H councils, units and adult volunteers are not allowed to sign or enter into contracts of any kind on behalf of the UC, nor otherwise obligate The Regents of the University of California in any way. All agreements and/or contracts must be executed by an authorized UC employee; at the county level this is the county director. When service contracts such as transportation and facility agreements, independent contractors or purchase orders are needed to conduct the business of a 4-H council or unit 4-H staff and county directors can follow the process outlines in the Requesting_a_Contract_Flow_Chart.
UC maintains a self-insurance program for general liability that protects all UC employees and agents while acting within the course and scope of UC business. Adult volunteers are UC agents when actively engaged in the course and scope of UC volunteer activities and thus are covered. Coverage is provided for the supervision of people and general supervision of UCCE sponsored programmatic activities. There are some exceptions and limitations which are determined on a case-by case basis through investigation.
- General Liability Program
In the event of accidental damage to another's property or accidental injury to another person during the conduct of official business, or as the result of negligence on the part of its employees or agents, UC and its employees and agents are protected by UC’s general liability program. See ANR Insurance Coverage brochure and General_Liability_and_Automobile_Insurance_FAQ for more information.
- Volunteer Liability Limitations
- In the present-day business environment virtually all contractual transactions result in the parties’ assumption of risk. When volunteers enter directly into business contracts they may become personally responsible for the associated liability.
- Volunteers may not sign contracts of any kind on behalf of UC, nor otherwise obligate The Regents of the University of California in any way.
- Clubs, councils and other 4-H units are also prohibited from entering into contracts on behalf of UC.
- Observance of this restriction protects volunteers and ensures that UC’s General Liability, Automobile Liability, and Employment Practices Liability Self-Insurance Program; as well as the State of California Workers’ Compensation Program, may be applied as appropriate.
- Qualification for General Liability Insurance
UC’s general liability program protects adult volunteers when they:
- Are at least 18 years of age,
- Complete an enrollment form,
- Complete the adult volunteer screening process, including a DOJ clearance,
- Attend adult volunteer orientation meeting(s) offered by the county 4-H YDP staff,
- Carry an up-to-date 4-H YDP Volunteer Appointment Card, and
- Are acting within the course and scope of their duties as an adult volunteer in scheduled, sponsored and supervised activities of UC.
- Workers Compensation
- All ANR employees are protected by the UC's Workers' Compensation Program, which is self-funded.
- Adult volunteers are not covered by Workers' Compensation, nor does UC provide insurance for personal injury to or property loss of an adult volunteer.
- Liability Insurance for Members
- UC’s general liability and self-insurance program does not cover members.
- It also does not cover project animals. Members and their families are responsible for seeking liability protection against damages caused by their animals. See also Insurance_and_4-H_Animal_Projects_FAQ.
- Reporting of Injury to Person or Property
If an adult volunteer is involved in a situation where accidental injury to others or property damage occurs, full details must be promptly reported to the 4-H YDP staff and county director who will report the incident through the regional office to the ANR Office of Risk Services for review.
- Reporting of Death or Serious Injury
In case of a death or serious injury, 4-H YDP staff must report to the county director who must immediately report by telephone to their Regional Director and to ANR Office of Risk Services as many details as possible.
- Use of Incident Report Form
All accidents or incidents that might result in claims against UC must be fully and promptly reported to the Risk Services and an Insurance_Incident_Report_Form must be completed and submitted within 48 hours.
- Limits of Coverage
UC’s general liability and self-insurance program does not provide coverage for any personal or real property not within UC’s care, custody, and control.
- Personal Coverage
Adult volunteers should check with their insurance carriers and review their personal insurance coverage before assuming the risks involved in using their personal property for 4-H YDP.
- Request Process
- UC provides product liability insurance for food served at 4-H YDP fundraising events.
- Product liability insurance should be requested on the Insurance_Request_for_Certificate_of_Insurance_Form. Include a request for foods coverage in the Products and Completed Operations Aggregate space under Type of Coverage by writing in the amount of insurance requested on the form. Also see Chapter 11 Health and Safety in the 4-H Youth Development Program, Food Safety Education.
- Pre-Packaged Food
Manufacturers assume responsibility for prepackaged food.
- UC provides secondary automobile liability coverage for UC employees and agents (adult volunteers) for acts (or omissions) committed in the course and scope of UC work.
- When there is injury to other persons or property damage by a UC employee or agent (adult volunteer) while operating a personal vehicle, the insurance on that vehicle provides the primary coverage; UC self-insurance is secondary.
- Notification of Coverage and Limitations
4-H YDP staff are responsible for notifying adult volunteers about the UC policies pertaining to use of automobiles in 4-H YDP activities. This can be accomplished through newsletters, written correspondence orientation meetings, and workshops.
- Minimum Primary Automobile Liability Insurance
- To qualifyforUC’s secondary coverage, employees or adult volunteers who are driving on UC business must maintain insurance coverage in the following minimum 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 UC minimums are higher than the State of California minimum insurance requirements of 15/30/5.
- If an adult volunteer does not maintain coverage in accordance with the UC’s minimum primary coverage requirements, the adult volunteer is personally responsible for the difference between their policy limits and UC’s secondary coverage requirements. See California Department of Motor Vehicles Minimum Liability Insurance Requirements for more information.
- To qualifyforUC’s secondary coverage, employees or adult volunteers who are driving on UC business must maintain insurance coverage in the following minimum amounts:
Adult volunteers must carry their own automobile liability insurance. In case of an accident, the adult volunteer’s insurance provides the primary coverage. If an adult volunteer driver is involved in an accident, the secondary coverage from UC would apply only after the limits of the adult volunteers’ vehicle primary liability insurance policy have been reached, which would be at least the 50/100/50 which is UC’s minimum primary insurance requirements that are discussed above.
Adult volunteers, acting in an official capacity with the 4-HYDP must:
- Follow California driving regulations.
- Have a valid California drivers' license for vehicles to be driven.
- Use a safe operating vehicle.
- Have seat belts for each passenger.
- Have automobile insurance and acknowledge on the 4-H Volunteer Self Disclosure form they have been informed of the UC minimum “50/100/50” automobile insurance requirements and that the secondary coverage from UC would apply only after the limits of the adult volunteer’s vehicle primary liability insurance policy had been reached, which would be at least the UC minimum. See For Staff for appointment letter template.
- Use of Rental Vehicles by Adult Volunteers
- The county director may authorize an adult volunteer to use a rental vehicle.
- An adult volunteer’s personal automobile insurance liability coverage is primary and, if absent; the renter must purchase Supplemental Liability Insurance coverage. UC’s secondary coverage only applies to the excess liability, not the physical damage to the rental vehicle. See ANR Insurance Coverage Brochure
- For physical damage claims, the adult volunteer’s automobile insurance coverage is primary and if absent; adult volunteers must purchase collision and liability coverage from the rental agency.
- Use of County Cars by Adult Volunteers
Subject to County policies, the county director has the responsibility and authority to determine whether or not adult volunteers may make use of county vehicles in the course of their 4-H YDP duties.
- Volunteer Automobile Accident Claims
In the event of an automobile accident claim, compensation would be applied for as follows:
- The adult volunteer’s personal automobile liability insurance would be primary.
- UC self-insurance would be excess (secondary, or above the primary coverage).
- If an accident is not due to UC’s (or its agent’s) negligence, reimbursement of claims for liability must be sought from the negligent party through the adult volunteer’s insurance provider.
- For more information on automobile insurance coverage for adult volunteers refer to the General_Liability_and_Automobile_Insurance_FAQ.
- Reporting Accidents and Injuries
Full details of automobile accidents or injuries must be promptly reported on the Insurance_Incident_Report_Form to the county director who will report through the regional office to Risk Services Analyst.
- Youth Drivers
4-H members are not covered under UC’s liability and self-insurance program. Youth members shall not transport other youth to and from any 4-H YDP function.
- Required Participation in the Insurance_CA_4-H_Accident/Sickness_Insurance_Program_Brochure
All 4-H adult volunteers and members must annually pay for the prescribed accident and sickness insurance program. 4-H accident and sickness insurance fees are included in the annual 4-H YDP program fees payable at the time of enrollment in the 4-H YDP.
- The only exceptions to this policy are collaborative 4-H YDP activities held with other agencies that take place in a public or private school or on other agency property, as a part of the school or agency program and are supervised by school or agency staff and the individual is covered by the school or agency policy.
- Insurance coverage should be discussed with the appropriate school or agency personnel prior to any 4-H YDP collaboration. 4-H YDP staff should send a letter to the collaborating school or agency, explaining that the 4-H accident insurance policy does not cover the youth from their agency. Agency youth can participate in other 4-H activities or events, if they pay the 4-H accident and sickness insurance premium and program fee and enroll as 4-H members.
- This 4-H YDP insurance is not to be used to insure participants in other non-4-H YDP programs. See Chapter 4 Enrollment and Delivery Mode in 4-H Youth Development Program for more information.
- As explained the Insurance_CA_4-H_Accident/Sickness_Insurance_Program_Brochure brochure, members and adult volunteers are provided limited accident coverage when taking part in or attending an approved, regularly supervised 4-H YDP activity. They are also covered while traveling to and from a 4-H unit or county activity, and while traveling directly between home and a 4-H YDP meeting place for a scheduled activity. (This is not to be confused by the UC general liability or automobile insurance coverage.) See General_Liability_and_Automobile_Insurance_FAQ
- In the event of an auto accident and there is other medical payment coverage available, the Hartford Policy will not provide coverage until the other insurance is exhausted.
- Filing a Accident/Sickness Claim Form
- The Insurance_Hartford_Notice_Claim form, with medical receipts for the accident or illness, must be submitted to the county 4-H YDP staff. The supervising adult volunteer or claimant should review and sign the form prior to submitting it to the county 4-H YDP staff.
- The 4-H YDP staff will review and sign the form and forward it to Hartford for processing, and will copy the statewide 4-H YDP office. Please be sure that all questions are answered including the type of activity and the county submitting the claim. Use the Insurance-Procedures_for_4-H_Accident_Illness_Claims or the Insurance_Procedures_for_Accident_Illness_Claims_for_Staff to complete the accident/sickness claim.
- All adult volunteers and parents or guardians of members are required to annually sign, at the time of enrollment, a 2015-2016 Waiver of Liability - English which is also available in Spanish. No altered waivers can be accepted. Refer to ANR Office of Risk Services for more detail.
- No one should be allowed to participate unless he or she submits the signed waiver.
- Specific Projects or Activities
In proposed projects or activities where there is a potential higher level of risk 4-H YDP staff should contact the state 4-H YDP office before offering the project. These projects will be reviewed on a case by case basis. A waiver with language regarding higher risk may be required for participation in the project or activity. Additionally, other safety procedures may be required.
- Maintenance of Records
Signed waivers are to be kept on file for at least two (2) years after the date of the activity. If the participant is a minor, the waiver must be kept until two years after the minor reaches age eighteen (18). See Record_Retention_Guidelines.
- UC maintains a self-insurance program for general liability that protects all UC employees and agents while acting within the course and scope of UC business. Adult volunteers are UC agents when actively engaged in the course and scope of UC volunteer activities and thus are covered. Coverage is provided for the supervision of people and general supervision of UCCE sponsored programmatic activities. There are some exceptions and limitations which are determined on a case-by case basis through investigation.
County directors are the only county-based administrators authorized to execute license agreements. All FUA's should name 'The Regents of the University of California' as the Licensor. Under no circumstances should 4-H YDP staff, adult volunteers or members sign FUA’s for any type of 4-H YDP activities.
- Division of Fairs and Expositions
A negotiated FUA has been approved by UC and State of California, Division of Fairs and Expositions, Agreement No. F31 or F34 covers use of fairground facilities. See Fairs and Exposition Letter.
- Joint Powers Authority
ANR has negotiated five (5) year agreements with the Joint Powers Authority between UC and various school districts, community colleges and other agencies. See the ANR Office of Risk Services for listing.
As a general practice, private information (e.g., addresses, phone numbers, etc.) of members of the public should not be collected or retained by UCCE. Although UCCE will treat all private information as confidential to the greatest extent permitted by statute and UC policy, complete confidentiality is not guaranteed. For example, in the event of a subpoena or written records request, UC may be required to disclose copies of documents and other information as required by law.
- Fingerprint Record Storage
- A confidential business record will be maintained that indicates all adult volunteers who have received a background clearance from the California Department of Justice (DOJ) and the date of this clearance. All fingerprint cards, returned by the California DOJ, as well as all California DOJ faxed or emailed notices on applicant clearance must be destroyed after recording the results as a confidential business record in the local office.
- The following information must be retained as part of the confidential business record:
- Name and date of birth of applicant (this information will be needed to stop Subsequent Arrest Notification if/when the volunteer leaves UC service).
- Date received and type of response from California DOJ (clearance/non-clearance).
- Type of application (original or resubmission).
- Original ATI number.
- Level of service:
- Basic California DOJ clearance.
- Follow-up service.
- FBI clearance.
- Record Sharing Within UCCE
The California DOJ has determined that UC is a single organization, and can share background results information with other appropriate UC units. These records are for the use of UC only. No records can be shared with any non-UC entity, including local county governments, nor can the records of another organization be accepted by UC as evidence of a background investigation clearance of an adult volunteer.
- The California Information Practices Act requires that protection of an individual's right to privacy be given consideration in all aspects of UC business. UC's obligation to promote its purposes and communicate efficiently with employees, agents, and others on UC business make it desirable to produce and maintain mailing lists, which include individual names, campus or business addresses and telephone numbers, and certain items of personal information about those individuals. However, their use and distribution are limited by the California Public Records Act and the California Information Practices Act.
- Sections of the California Government Code stipulate that home addresses and telephone numbers of state employees are not deemed to be public records and cannot be released without prior written consent of the individual. Sections of the California Civil Code provide that the individual will be notified of the intended purpose and use of personal information being collected. Individuals have the right, upon written request, to have their own name and address removed from any agency list, unless that list is used exclusively for the purpose of directly contacting the individual. Distribution, rental, or sale of an individual's name and address for commercial purposes is prohibited unless specifically authorized by law.
- Requests for release of records must be made in writing and forwarded immediately (due to response time constraints imposed by law) to the Administrative Policies and Business Contracts Coordinator ANR Information Practices Coordinator. See Administrative Policies and Business Contracts website for more information.
- Record Retention
County 4-H YDP offices are required to carefully compile, maintain and manage many 4-H YDP program records. Ultimately, the county director is in charge of record management and retention, although he or she may designate this task to 4-H YDP or other staff. The Record_Retention_Guidelines provides specific information on how long to maintain specific records as well how to appropriately destroy records when deemed no longer need.
- Mailing Lists
The sole purpose of UCCE mailing lists is to deliver educational information. In accordance with UC policy, no 4-H YDP mailing list will be given to other non-UC organizations or individuals.
- Photo Release
- UC periodically uses photographs of members and adult volunteers for local, regional, or state publicity. When they sign the 4-H YDP enrollment form and 2015-2016 Member Code of Conduct - English members and their parents/guardians and adult volunteers give permission to The Regents of the University of California, National 4-H Council, National 4-H Headquarters (USDA), Cooperative Extension and units, its nominees, agents, and assigns, unlimited permission to copyright and use, publish, and republish for purposes of advertising, public relations, trade, or any other lawful use, reproduction of their likeness (photographic or otherwise) and their voice, whether or not related to any affiliation with 4-H, with or without their name.
- Individuals not enrolled in 4-H YDP but participating in short term activities should complete a photo release form if publicity or program pictures are taken.
The privacy of youth and adult volunteers participating in the 4-HYDP should be protected when using web-based technologies. This includes, but is not limited to, the following items:
- Youth addresses and phone numbers shall not be posted on websites (email address may be used in limited circumstances).
- Youth in photographs on 4-H YDP websites should not be identified.
- Materials identifying youth should be removed upon request.
4-H members and adult volunteers shall adhere to the Website Guidelines concerning 4-H YDP websites, chat, e-mail, and other technological communications that are transmitted, posted, or willingly received while acting in a 4-H YDP capacity.
4-H Guidelines for Social Media
Youth and adult volunteers acting on behalf of the 4-HYDP shall not:
- Transmit, post, or willingly receive correspondence, text, graphics, movies, sounds, or other media which contains: profanity, advocacy of the use or possession of illegal substances or alcoholic beverages, advocacy of the illegal use or the illegal possession of weapons, or solicitation or the advocacy of sexual misconduct.
- Attempt to gain access to areas, information, servers, domains, or other material to which expressed permission has not been given. Also, at no time will 4-H members or adult volunteers intentionally violate the laws governing copyrighted material.
- Willingly harass others through the use of technology. Harassment by e-mail, chats, or otherwise shall not be tolerated. This includes but is not limited to harassment based upon race, color, national origin, religion, sex, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran.
- Misrepresent or assist someone else in misrepresenting his or her true identity to others through technology. Members or adult volunteers will not claim to be or represent themselves as being someone else. Those who represent the 4-H YDP through technology do so under their own identity.
- Seek to promote specific religious orientations or political opinions on behalf of the 4-H YDP or UC. While members and adult volunteers retain the right to advocate their own religious beliefs and political opinions acting as individuals, they will not advocate them in the name of the 4-H YDP and UC.
Word, PDF, and Other Documents
- 2015-2016 Member Code of Conduct - English
- 2015-2016 Waiver of Liability - English
- 4-H Guidelines for Social Media
Links to Websites
- Administrative Policies and Business Contracts
- ANR Office of Risk Services: General Liability and Automobile Insurance FAQ
- ANR Insurance Coverage Brochure
- ANR Office of Risk Services
- California Department of Motor Vehicles Minimum Liability Insurance Requirement
- Fairs and Exposition Letter
- Position Description - 4-H Camp Cook
- Position Description - 4-H Camp Director
- Position Description - 4-H Lifeguard
- Position Description - 4-H Camp Health Supervisor