Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 400 - EDUCATIONAL SERVICE DISTRICTS, SCHOOL DISTRICTS, AND INDIVIDUAL SCHOOL RECORDS › Section 166-400-0055 - Safety and Risk Management Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Recordsdocument 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
Stat. Auth.: ORS 192 & 357, Other Auth. Code of Federal
							Regulations Title 34
Stats. Implemented: ORS 192 &
							357