IGA WC STATE AND COUNTY FOR SIGNATURE 5.27.26.PDF
Extracted text (via pymupdf)
16053 characters
INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA, THE ARIZONA ATTORNEY GENERAL, AND STATE DEPARTMENT OF RISK MANAGEMENT AND MARICOPA COUNTY, THE MARICOPA COUNTY ATTORNEY, AND COUNTY DEPARTMENT OF RISK MANAGEMENT THIS AGREEMENT is made and entered into the day and year hereinafter set forth, by and between the State of Arizona’s Department of Administration’s Risk Management Division hereinafter referred to as “the State”, the Judicial Branch of Arizona in and for Maricopa County (to include the Maricopa County Superior Court, the Maricopa County Adult Probation Department, and the Maricopa County Juvenile Probation Department “affected agencies”), hereinafter referred to as “the Judicial Branch”, and Maricopa County, Arizona, a political subdivision, through the Maricopa County Department of Risk Management, hereinafter referred to as “the County”. WHEREAS, both the State, the Judicial Branch, and the County believe that this Agreement will be a cost-effective measure for both parties; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: 1. PURPOSE Case law has determined that certain agencies and functions, once considered to be within the purview of County government, do in fact fall under the control and responsibility of the State. See State v. Pima County Adult Probation Depart., 147 Ariz. 146,708 P.2d 1337 (Ariz App. 1985). Until 1986 the County afforded workers’ compensation coverage and related legal representation to the Judicial Branch. It is the purpose of this Agreement to provide that these services will be afforded by the County rather than that they be assumed as duties by the State. 2. SCOPE This Agreement is intended to provide that the County in place of the State must be responsible for not only day-to-day legal advice as to workers’ compensation issues, but representation in all workers’ compensation actions brought and coverage for workers’ compensation claims in which employees of the Judicial Branch are named. 3. TERM OF AGREEMENT This Agreement shall be effective on the date of execution below. Original Agreement was filed with the Secretary of State on June 30, 1998. Not less than thirty (30) days prior to the expiration of this Agreement the parties must confer with each other, as well as with those agencies affected by this Agreement, and determine if written consent to continue the Agreement will be forthcoming. 4. CANCELLATION Either party may elect to cancel this Agreement pursuant to Arizona Revised Statutes §38- 511 with no penalty or further obligation except as agreed to. Prior to notice of cancellation the cancelling party must advise and confer with those agencies affected by this Agreement. Notice of cancellation of this Agreement must be given to the other party in writing no less than sixty (60) days prior to the effective date of the cancellation. 5. COVERAGE AND PAYMENT The County agrees to include the affected agencies in its insurance and/or self-insurance programs and to cover all workers’ compensation losses according to the terms of its program. The affected agencies must contribute, as do other departments of County Government, from their budgets to the County insurance/self-insurance program an amount calculated by County Risk Management based upon their loss history. The amount of said contribution, the determination of what constitutes a covered event over employee, and the disbursement of funds contributed must be the sole prerogative of the County according to and consistent with the policies which govern its insurance/self-insurance program. The County will provide identical coverage for those agencies as would the State, for workers’ compensation. 6. RESPONSIBILITES The County will administer workers’ compensation benefits in accordance with current state statutes, provide monthly reports, access to claims data in the Risk Management Information System, and Risk Control and Loss Prevention Services. The Judicial Branch must meet with the County at least bi-annually to review frequency and severity of losses, discuss active and planned mitigation efforts to reduce costs and frequency, and opportunities to improve worker safety and health. As part of a commitment to worker safety and health, the County has implemented a Safety Management System (“SMS”). The Judicial Branch must participate in the County’s SMS or provide on-going documentation of compliance with an equivalent SMS to ensure alignment with the County’s SMS. The on-going compliance documentation must be provided by the Judicial Branch to the County within 30 days of notification of Annual Internal Service Fund Charges. This includes the Judicial Branch having or implementing an Injury and Illness Prevention Program (“IIPP”) as part of the SMS. If the Judicial Branch has its own IIPP Policy, it must meet or exceed the criteria listed in the County’s Policy A2234. If not, the Judicial Branch must adopt a State Policy similar to County Policy A2234, attached here, for the specified departments in this Agreement. 7. INDEMNIFICATION The County agrees to indemnify, save, and hold harmless the State for all acts of legal representation undertaken by the County on behalf of the affected agencies consistent with the provisions of this Agreement. 8. MAINTAINING AND PRODUCING RECORDS Pursuant to A.R.S.§ 35-214, County must retain and must require all of its subcontractors to retain for inspection and audit by the State all books, accounts, reports, files, and other records relating to the performance of this contract for a period of five years after its completion. Upon request by the State, a legible copy of all such records must be produced by the County at the administrative office of the State Auditor. 9. USE OF ARBITRATION The parties agree to use arbitration to the extent required by A.R.S. § 12-1518. 10. EXPIRATION The parties agree that this this Agreement will remain in effect for one year from effective date. DATED this ____ day of ___________________, 2026 Chairman, Board of Supervisors Clerk, Board of Supervisors County Risk Manager Arizona State Risk Manager Judicial Branch Administrator APPROVED AS TO FORM: APPROVED AS TO FORM: Maricopa County Attorney Attorney General MARICOPA COUNTY INTERNAL POLICY Policy Title: INJURY AND ILLNESS PREVENTION Policy Number: A2234 Current Adoption Date: 09-15-2021 Current Implementation Date: 09-15-2021 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-75-18-006-6-01 Original Adoption Date: 05-20-2015 I. PURPOSE Maricopa County is committed to providing a safe and healthy workplace and believes that preventing work- related injuries, illnesses and accidents are of vital importance to the sustainability of the County. By creating and maintaining a strong safety culture, departments can retain qualified employees and accomplish their goals while being mindful stewards of the public’s money and trust. II. APPLICATION This Policy applies to all Maricopa County appointed departments as well as the Flood Control District of Maricopa County, the Maricopa County Library District, and the Maricopa County Stadium District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. This policy also applies to employees of County elected offices unless the elected official has implemented a similar policy specific to his or her office. III. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a Department/Special District, or the designated representative authorized to act in this capacity. B. Near Miss: An unplanned event that did not result in injury, illness, or damage – but had the potential to do so. Only a fortunate break in the chain of events prevented it. C. Plan: A written document containing the specific actions developed to accomplish the County’s goal of the safety of its employees at the workplace. D. Program: Objectives and practices that include the elements necessary for the department to achieve the County’s goal of the health and safety of its employees at the workplace. E. Safety Committee: A group of employees and management who address safety issues by creating and nurturing a culture of safety throughout their sphere of influence. IV. GENERAL STATEMENTS A. Goals 1. To promote the safety, health and well-being of employees, contractors and the public by providing a safe and healthy work environment. 2. To minimize loss and human suffering. 3. To provide common-sense safety and health guidelines that prevent work-related injuries, occupational illnesses, vehicle collisions and property damage. 4. To supplement existing safety and health procedures at applicable worksites. Policy Title: INJURY AND ILLNESS PREVENTION Policy Number: A2234 Current Adoption Date: 09-15-2021 Page 2 of 4 5. To comply with safety laws and regulations and to ensure compliance through self-evaluations. V. POLICY A. Introduction 1. In accordance with the OSH Act of 1970, Section 5 Duties, Maricopa County provides a place of employment which is free from recognized hazards that may cause death or serious physical harm. 2. Maricopa County complies with occupational safety and health standards promulgated under the OSH Act of 1970. 3. All injuries and illnesses shall be reported in accordance with Policy A2218 Reporting of Industrial Injury or Illness. 4. All vehicle incidents and accidents shall be reported in accordance with Policy A2310 Vehicle and Equipment Use. 5. Every department is required to have a current and customized Injury and Illness Prevention Program (IIPP). 6. The provisions of the IIPP shall be communicated regularly throughout the agency/department. 7. Managers, supervisors, and employees are required to be familiar with their IIPP provisions. 8. A compliant IIPP shall identify: a. The person or persons with authority and responsibility for implementing the Program. b. A system for ensuring that employees comply with safe and healthy work practices. c. A system for communicating with employees in a form readily understandable. d. Procedures for identifying and evaluating workplace hazards, including scheduled periodic inspections. e. A procedure to investigate occupational injuries. f. Methods and/or procedures for correcting unsafe or unhealthy conditions in a timely manner. g. Training and instruction requirements. B. Risk Management Department Responsibilities 1. Risk Management shall provide support through risk assessments, training resources, consultation, and guidance to facilitate County and departmental safety goals. 2. Risk Management shall provide methods for reporting safety concerns: a monitored line, 602-506- 8601, or the anonymous “Safety Hotline” at 602-506-4200. 3. Risk Management shall respond and investigate all safety concerns and hazards reported to them and assist County departments with investigation and response as requested. 4. Risk Management shall assist in assessing training needs, recommending effective training, and providing resources to assist with the delivery of training. C. Department Responsibilities Policy Title: INJURY AND ILLNESS PREVENTION Policy Number: A2234 Current Adoption Date: 09-15-2021 Page 3 of 4 1. Appointing Authorities shall demonstrate Maricopa County’s commitment to a strong safety culture, communicate that commitment to workers, and set Program expectations and responsibilities tailored to their departments’ operations. 2. Appointing Authorities shall take necessary actions to improve the overall effectiveness of their Programs. 3. Appointing Authorities shall create a “Safety Committee” made up of management and employee representation to act on any safety concerns as well as review Near Misses and accident trends. 4. Appointing authorities and their designees are responsible for providing on-going safety training and information to ensure their employees have the proper knowledge to avoid accidents and injuries. 5. Safety training shall be specific to the department and the task and shall be frequent and effective. 6. Standard Procedures, departmental Plans, and/or Programs shall be in writing and designed to continually identify and proactively address workplace hazards and evaluate risks by conducting periodic inspections and assessments to identify new hazards and ensure regulatory compliance. 7. Departments shall maintain all necessary documentation regarding their Programs and shall ensure recordkeeping is compliant with applicable regulations. 8. Managers and supervisors shall demonstrate safety concepts and be responsible for training employees and responding to safety concerns. 9. Managers and supervisors shall make overall safety a core organizational value, establish risk reduction priorities, provide adequate resources and support, and lead by example. 10. Departments shall provide effective means of communication for employees to report and discuss any safety-related problem, violation, or concern. 11. An effective safety culture is the shared responsibility of departments, supervisors and employees. Departments provide guidance as to which Programs and topics are to be included. Supervisors ensures that effective training is completed. Employees are responsible for embracing the safety culture and understanding and adhering to Programs. D. Key Principles of Safety Management for Supervisors: 1. To understand and accept accountability for preventing work-related injuries, occupational illnesses, vehicle collisions and property damage. 2. To accept responsibility for training employees to work safely and to instill a positive safety attitude in employees. 3. To accept responsibility for providing safe work procedures and to ensure employees’ compliance with these procedures, the County accident prevention rules and all other safety requirements. 4. To ensure that regular safety inspections are conducted in their areas and that any action item identified is corrected in a timely manner. 5. To ensure that working safely is a condition of employment. 6. To ensure that employees accept responsibility for working safely and extend concern for personal safety to fellow employees and all others. E. Employee Responsibilities Policy Title: INJURY AND ILLNESS PREVENTION Policy Number: A2234 Current Adoption Date: 09-15-2021 Page 4 of 4 1. Employees shall be engaged and involved in all aspects of their department’s Programs, including setting goals, identifying and exposing hazards, reporting incidents or Near Misses, and following established best practices for their job tasks. 2. All employees shall understand their job role and responsibilities and how to effectively and safely carry them out. 3. Employees shall communicate openly with management and report safety, health, and environmental concerns without fear of retaliation. 4. Employees shall recognize workplace hazards, understand implemented control measures, determine when changes affecting those hazards or control measures have occurred, and take appropriate actions. 5. Employees shall not participate in at-risk behaviors or operate in a reckless manner which could create a hazard or result in actual harm to themselves or others. Revision History Version Revision Date Description of Revision 1 05-20-2015 Initial version. (C-49-15-061-6-00) 2 04-11-2018 Updated to conform to Section A2234b and A2234q changes (C-75-18-006- 6-00). 3 09-15-2021 Complete rewrite – previous version contained procedure manuals and was 176 pages (C-75-18-006-6-01).