Community Foundation Grant 2014
In 2014, LVL1 was awarded a Capacity Building Grant from the community foundation. This grant was completed, and the final report submitted in January 2015.
Note: Final report submitted 1/29, accepted 1/30. Grant obligations officially over.
In short, LVL1 should have absolutely no problem hiring a part time, operational support employee. This move would have little to no impact on the liability of financial status of the organization, provided Officers and Director's insurance was maintained, and a reputable HR firm were retained for payroll and legal compliance. Attached are questions and documents generated by the lawyers hired from Wyatt, Tarrant, and Combs:
Followup Round 1
Question: Since pre-accident waivers are of dubious utility any way, what steps (other than maintaining a generally safe and accident free shop, which we strive to do) can we take to mitigate our liability in the case of accident? We do carry a liability and director's insurance policy. Would things like more detailed equipment repair and inspection logs be beneficial?
Answer: Maintenance of proper insurance is the key. A good waiver is another layer of protection. Good safety training and practices is another. The law does not require you to make certain people are safe, but it does require you to take reasonable safety measures. So, the more reasonable/extensive your safety program is, the better (both in terms of decreasing the number of incidents and being able to prove you acted reasonably if there is an incident). Record keeping in regard to safety is very important. If you have a great program but can’t prove what you did and when you did it in regard to safety, you don’t really have a program at all J. Keeping equipment inspected and in good repair, and keeping records of that, is a very good idea. Probably good idea to have a single person or group in charge of safety so that there is a central repository of that knowledge and data. That person or group should probably keep up to date on the latest trends in safety at similar workshops around the country (if possible).
Followup Round 2
Question: When revamping the waiver, would it be a good idea to require everyone to sign with the new language, even if they've signed in the past?
Answer: Having everyone sign the new waiver a good idea. The old one had some deficits that can only be fixed with a new one.
Question: Would explicitly delegating shop safety documentation responsibilities to an officer or other designee increase the liability borne by that individual?
Answer: Designating a safety specialist could result in that person being an individual target in a lawsuit, but if the entity has insurance that protects itself and employees and it is willing to stand by any such employee by defending the suit, it really should not matter too much.