OAR 166-400-0055: Safety and Risk Management Records

(1) Accident and Injury Reports Records document accidents, including workers’ compensation accidents, and injuries to students, faculty, staff, and visitors on school, district, or ESD property, or during school related activities. Records include accident and injury reports; State Accident Insurance Fund (SAIF) accident reports; occupational injury investigations and reports; employee identification and physical assessment records; vehicle accident reports; and related correspondence and documentation. SEE ALSO Legal Case Files and Records in the Administrative Records section, and Insurance Claim Records, State Accident Insurance Fund (SAIF) Claim Records, Tort Liability Claim Records, and Workers’ Compensation Claim Records in this section. Minimum retention: (a) Retain employee hazard exposure records: 30 years after employee separation (or as specified by 29 CFR 1910.20) (b) Retain other records, if no claim filed: 3 years (c) Retain other records, if claim filed: Transfer to claim record (2) Contractor Liability Insurance Verification Records Letters or certificates of coverage provided by insurance companies declaring that specific contractors are covered by appropriate liability insurance. Information usually includes insurance company name and address, issue date, expiration date, amount of coverage, type of coverage, special provisions, signature of insurance company representative, and related data. Minimum retention: (a) Retain if related to county or special district improvement project: 10 years after substantial completion, (as defined by ORS 12.135(3) (b) Retain all other records: 6 years after expiration) (3) Contractor Performance Bond Records Records documenting the posting of performance guarantees or surety bonds by contractors performing work for the agency. May include letters, certificates, copies of bonds, and similar records. Information usually includes name of individual or company covered, amount of coverage, effective and expires dates, name of bonding agent, authorized signatures, and related data. Minimum retention: (a) Retain if related to county or special district improvement project: 10 years after substantial completion, (as defined by ORS 12.135(3) (b) Retain all other bond records: 6 years after expiration (4) Disaster Preparedness Plan Records Records document school, district, or ESD plans and procedures to take in case of a major disaster which has destroyed or compromised the operations of a school, district, or ESD. Components of the recovery plan include but are not limited to physical plant repair and restoration; equipment restoration; electronic data restoration including steps to reload data, recover data, and reconnect networks; reestablish telephone connections; essential records protection; and related procedures and needs dealing with risk management, public relations, and financial issues. Minimum retention: Until superseded or obsolete (5) Emergency Response and Safety Plans and Procedures Records document a school, district, or ESD’s plans to promote a safe work environment for employees; procedures to follow in the event of emergency; and student safety instruction records. Records may include but are not limited to step-by-step procedures; safety plans; fire drill reports; records instructing students about safety on school buses; and related documentation. Fire drill reports are submitted annually to the local fire bureau. Minimum retention: (a) Retain fire drill reports: 1 year after school year in which records were created (b) Retain all other records: 1 year after superseded or obsolete (6) Hazard Communications Program Records Records documenting participation in the Hazard Communications Program as required by the Oregon Occupational Safety and Health Administration (OR-OSHA). These records may be useful as documentation for exposure and other claims because they include chemical content, safe handling instructions, and other facts about a product at a given time in the past. Usually includes plans, reports, and material safety data sheets (MSDS). Information included in the material safety data sheets includes product name, manufacturer’s address and phone number, hazardous ingredients contained, ingredient description, carcinogenicity, quantity of ingredients, fire and explosion data, health hazard data, radioactivity data, spill and leak pressures, safe handling and use information, special use precautions and related data. Minimum retention: 75 years after superseded or obsolete (7) Hazardous Substance Employer Survey Records Series documents the locations, quantities, and individuals responsible for specific hazardous chemicals housed by an agency. This record is sent to the State Fire Marshal. Records include hazardous chemical compositions, lot numbers, and emergency disposition instructions. Minimum retention: Until superseded or obsolete (8) Insurance Claim Records Records document school, district, or ESD requests for payment of insurance claims involving personal injury, property damage, motor vehicle accidents, and others. Records may include but are not limited to auto, liability, and property claim reports; estimates of repairs; accident reports; police reports; photographs; summaries; reviews; audio and video recordings and transcriptions; and related correspondence and documentation. SEE ALSO Legal Case Files and Records in the Administrative Records section, and State Accident Insurance Fund (SAIF) Claim Records, Tort Liability Claim Records, and Workers’ Compensation Claim Records in this section. Minimum retention: 5 years after final disposition of claim. (9) Insurance Policy Records Records document the terms and conditions of insurance policies between the school, district, or ESD and the insurers. Types of insurance include liability, property, group employee health and life, motor vehicle, workers’ compensation, flood, and others. Records may include but are not limited to policies, endorsements, rate change notices, and related documentation. SEE ALSO Risk Factor Evaluation Records in this section. Minimum retention: (a) Retain property, liability, and employee group insurance: 75 years after expiration if no claims pending (b) Retain all other insurance: 6 years after expiration if no claims pending (10) Liability Claims Records Records documenting various types of liability claims filed against the agency. These include personal injury, property damage, motor vehicle accident, false arrest, and others. Records often include reports, photographs, summaries, reviews, notices, audio and videotapes, transcriptions of recorded statements, memoranda, correspondence, and related documents. Minimum retention: (a) Retain if action taken: 10 years after case closed, dismissed, or date of last action (b) Retain if no action taken: 3 years (11) Liability Waivers Records document the release of the school, district, or ESD from liability related to various activities that include student, volunteer, or citizen involvement. Records may include but are not limited to release forms with terms, date, signatures, and related information. Minimum retention: 3 years after school year in which records were created (12) Master Material Safety Data Records Series documents all hazardous chemicals used and held by an agency. Records include hazardous materials safety sheets, safety instructions, and emergency instructions. Minimum retention: Until superseded or obsolete (13) Occupational Injury and Illness Records Series is used to provide the Oregon Occupational Safety and Health Administration (OR-OSHA) with workers’ compensation claim information about agency employees. Records may include logs and summaries, serious injury reports, injury cost reports, and annual occupational injuries and illnesses surveys. Minimum retention: 6 years (14) Risk Factor Evaluation Records The series is used to assess various risk factors for an agency and determine appropriate insurance needs. Records may include studies, worksheets, yearly risk reports, restoration fund inventory reports, policy manuals, property transfer reports, self insurance manuals, real property reports, money and negotiable securities reports, a general risk survey and correspondence. Minimum retention: 4 years (15) Property Damage Records Reports, photographs, and other records documenting damage to agency property such as signs, trees, picnic tables, buildings, fountains, and fences. Information often includes type and location of property damaged, description of damage, date and time of damage (if known), name and address of individual who caused damage (if known), value of damage, billing costs, and related data. Minimum retention: (a) Retain if litigated: see Civil Case Files in the Counsel or District Attorney section for retention (b) Retain if not litigated: 3 years after date of last action (16) Safety Committee Records Records document the actions of workplace safety committees which oversee or advise on school, district, or ESD safety issues. Records may include but are not limited to minutes, agendas, exhibits, reports, resolutions, sound recordings, indexes, and related correspondence and documentation. Minimum retention: 3 years (17) Safety Inspection and Compliance Records Records document fire and safety inspections of school, district, or ESD equipment and facilities and documents compliance with state and local safety regulations. Types of inspections may include fire and fire alarm inspections; equipment safety inspections; building inspections; elevator and boiler inspections; and related inspections. Records may include but are not limited to safety inspection reports; schedules of inspections; follow-up actions; and related correspondence and documentation. Minimum retention: 10 years. (18) Accident Insurance Fund Claim Records Records document job-related injury and illness compensation claims made by school, district, and ESD employees to the Accident Insurance Fund and the resulting claim disposition. Records may include but are not limited to injury reports (Workers Compensation Division Form 801), notices of claim acceptance or denial, determination orders, medical reports, notices of closure, employer’s payroll reports, Workers Compensation Board hearing transcripts, board orders, claim disposition agreement documents, agency investigation reports, appeal letters, vocational rehabilitation records, legal documents, and correspondence. Does not include workers’ compensation program records. Minimum retention: (a) Retain injury reports: 1 year (b) Retain all other records: 6 years after settlement of claim. (19) Tort Liability Claim Records Records document tort liability claims against the school, district, or ESD. Records may include but are not limited to accident and injury reports; liability claim summaries; invoices; correspondence; photographs; investigation reports; legal documents; statistical summary reports; reviews; notices; audio/videotapes; statements; and related documentation. SEE ALSO Legal Case Files and Records in the Administrative Records section, and Insurance Claim Records and State Accident Insurance Fund (SAIF) Claim Records in this section. Minimum retention: (a) Retain statistical reports: 5 years (b) Retain other records, if action taken: 10 years after final disposition of claim (c) Retain other records, if no action taken: 3 years (20) Vehicle Accident Records Records documenting accidents involving agency vehicles. May include dispatch reports with information such as name and address of parties involved, date and time, complaint, description of damage, and other data. Records may also contain motor vehicle accident reports which include the driver’s name, address, phone number, date of birth, and driver’s license number, as well as passenger and witness names, description of events, make and model of vehicle(s), vehicle identification number, and related data. Photographs and correspondence also may be part of these records. Minimum retention: (a) Retain if litigated: SEE ALSO Civil Case Files in Legal Counsel section (b) Retain if not litigated: 3 years (21) Workers’ Compensation Claim Records Records documenting the processing of individual employee claims of job related injuries or illnesses, but not those describing actual medical conditions. Includes records satisfying the procedural requirements of the State Workers’ Compensation Division and the State Workers’ Compensation Board, as well as those of (depending on agency arrangements) the State Accident Insurance Fund (SAIF), private insurance providers, or self-insurance. Records may include claim disposition notices, claim reporting and status forms; injury reports; determination orders; insurance premium data; hearing requests; safety citations; inspection reports; medical status updates and reports; investigation reports; reimbursement and payment records; and related correspondence and documentation. SEE ALSO Employee Medical Records in the Personnel section for records describing the job related injury or illness and the related subsequent medical condition of the employee. These often include workers’ compensation accident reports, medical reports, vocational rehabilitation evaluations, disability determinations and related records. Minimum retention: (a) Retain records describing injuries and illnesses: SEE Employee Medical Records in the Personnel Records section (b) Retain all other records: 6 years after claim closed or final action (22) Workers’ Compensation Reports Records document the activities of the worker’s compensation program. Records include a variety of reports including but not limited to claims summary reports; status reports; Occupational Safety and Health Administration (OSHA) logs and summaries; financial reports; and related documentation. Minimum retention: (a) Retain OSHA logs and summaries, official copy: 5 years after end of year to which they relate (b) Retain all other records: 3 years