Washington States Risk Management Practices Proposed Scope & Objectives Joint Legislative Audit & Review Committee October 20, 2010 Cynthia L. Forland, JLARC Staff

October 20, 2010Washington State's Risk Management Practices2 Study Mandated by Biennial Operating Budget JLARC to review effect of risk management practices on state conduct and tort payouts (i.e., payouts arising from claims or lawsuits against the state for causing injury) Must include post-incident reviews MANDATEMANDATE

October 20, 2010Washington State's Risk Management Practices3 Brief History of Risk Management Legislation in State 1961 Legislation enacted to allow state to be sued to same extent as a private person or corporation – that is, state gave up sovereign immunity Sovereign immunity is doctrine that sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution BACKGROUNDBACKGROUND

October 20, 2010Washington State's Risk Management Practices4 Brief History of Risk Management Legislation in State 1977 Legislation enacted to: Create risk management office within GA; and Define risk management as the total effort and continuous step by step process of risk identification, measurement, minimization, assumption, transfer, and loss adjustment which is aimed at protecting assets and revenues against accidental loss BACKGROUNDBACKGROUND

October 20, 2010Washington State's Risk Management Practices5 Brief History of Risk Management Legislation in State 2002 Legislation enacted to: Transfer risk management duties to OFM; and Institute a process for Loss Prevention Reviews Conducted in select cases where the death of a person, serious injury to a person, or other substantial loss is alleged or suspected to be caused at least in part by the conduct of a state agency BACKGROUNDBACKGROUND

October 20, 2010Washington State's Risk Management Practices6 Study Scope Review statewide requirements for and the practice of post-incident reviews, including statutorily established Loss Prevention Reviews Identify more general statewide risk management requirements SCOPESCOPE

October 20, 2010Washington State's Risk Management Practices7 Study Objectives 1.What are current post-incident review requirements and practices? 2.Have post-incident reviews impacted state conduct and tort payouts? OBJECTIVESOBJECTIVES

October 20, 2010Washington State's Risk Management Practices8 Study Objectives 3.What other statewide risk management practices are focused on reducing serious incidents? 4.Have statewide risk management practices impacted state conduct and tort payouts? 5.What lessons can we learn from other states approaches to reducing serious incidents? OBJECTIVESOBJECTIVES

October 20, 2010Washington State's Risk Management Practices9 Next Steps Preliminary Report: May 2011 Proposed Final Report: June 2011 Cynthia L. Forland Stacia Hollar