OKDHS - OAC 340:2-15-5. Incident reporting responsibilities

340:2-15-5. Incident reporting responsibilities

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Revised 8-1-06

Any person, including employees and volunteers, must promptly report any liability incident or potential liability incident in which they are involved or witness. Persons other than an employee or volunteer report the incident to a local Oklahoma Department of Human Services (OKDHS) employee. • 1

(1) An employee or volunteer whose conduct or performance of duty gives rise to a liability incident, or who witnesses a liability incident, is required to cooperate in good faith with the defense of any claim arising out of the liability incident.
(2) Cooperation in good faith means not making statements, whether verbally or in writing, regarding the liability incident, except as required by OKDHS, authorized legal counsel, the Department of Central Services (DCS) Risk Management Division, or any law enforcement authority that investigates the liability incident at the scene. • 2

INSTRUCTIONS TO STAFF 340:2-15-5

1. (a) When a liability incident or accident, potential liability incident, or near miss incident occurs, the procedures outlined in (b) through (e) of this Instruction are followed.

(b) The employee or volunteer who is involved in or notified of a liability incident or accident informs the immediate supervisor and completes the appropriate DCS form(s). DCS form, DCS/RISK MGMT - Form 001P, Reporting Procedure for 3^rd Party Incident/Accident, provides instruction on completion of the required forms:

(1) Form 23OA301E, Standard Liability Incident Report;

(2) Form 23OA302E, Scope of Employment Form; and

(3) DCS/RISK MGMT - Form 009, Accident Information Reporting Pamphlet.

(c) When an employee sustains a work related injury, refer to DHS:2-15-1.1.

(d) The immediate supervisor informs the local administrator or county director of the incident or accident and ensures the appropriate forms are completed.

(e) The local administrator or county director:

(1) immediately reports any liability incident to the Oklahoma Department of Human Services (OKDHS) Support Services Division, Risk, Safety, and Emergency Management Unit risk manager by telephone at 405-522-2094;

(2) reports any potential liability incident or near miss incident to the OKDHS risk manager by the following working day; and

(3) sends within 24 hours of the incident or by the close of the next working day the required form(s) to the OKDHS risk manager, along with other pertinent documents, such as:

(A) police reports;

(B) witness statements; and

(C) a summary of the facts.

(f) The OKDHS risk manager:

(1) immediately notifies DCS Risk Management Division of the liability incident by telephone;

(2) reviews the information submitted by the local administrator or county director;

(3) may complete a more detailed investigation; and

(4) sends to the DCS Risk Management Division:

(A) the investigation results;

(B) pertinent documentation; and

(C) form(s) received from the local administrator or county director.

2. An employee is free to make any statement or comment concerning OKDHS operations and is protected by Section 840-2.5 of Title 74 of the Oklahoma Statutes.

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