An incident is an unplanned occurrence that results or could result in injury to people or damage to property. An incident may also be considered an accident or near miss. This procedure is applicable to both the Risk Management Tort Liability Program and the Risk Management Worker’s Compensation Program.
When an incident is reported promptly, injured persons receive timely medical care, unsafe conditions are quickly corrected, and evidence is preserved for administration of potential claims. The Risk Management Division review incidents to identify trends, effectiveness of current safety programs, and to prevent similar incidents from reoccurring.
All incidents as discussed above must be reported to the Risk Management Division within 24 hours of the incident or receiving the report of the incident. Such incidents shall be reported through the VCSU Initial Incident Report and the Safety Office will determine which Risk Management Fund Incident Report to file. The employee who has the most information or first-hand knowledge about the incident should complete the report. Incident reports should not be completed by non-state employees.
For all reported employee injuries, even if the injury does not appear to need medical treatment other than first aid, a VCSU Initial Incident Report needs to be completed and submitted to the Safety Office. The Safety Office will determine which Risk Management Fund Incident Report to file. This must be done within 24 hours of the incident. The incident report serves as a record of notification to the employer pursuant to N.D.C.C. 65-05-01.3 in the event the employee should require medical treatment at a future date. If the incident does not result in a workers compensation claim, the incident report will be used for loss control purposes.
All incidents must be investigated thoroughly with factual and accurate records prepared and attached to the incident report. Properly investigated and analyzed incidents will assist in administration of potential claims/lawsuits, and protecting property by locating causes of incidents so corrective action can be taken. The responsible supervisor shall take immediate corrective action necessary to eliminate any hazardous conditions and/or work practices.
The Tort Claims Act (N.D.C.C. 32-12.2) provides that Risk Management Fund records are privileged and exempt from the open records law. Therefore, to ensure that incidents are provided these protections, ensure that all incidents are documented by using the correct incident report.