03/05/2026
Public Entity Risk Control News: Springing into 2026
Reducing Liability in Public Works, Law Enforcement, and HR
Trident Public Risk Solutions wants to make sure you’re doing everything you can to guide and help your employees to do their jobs well and safely, while reducing liability for municipalities. Read on for this newsletter that’s all about them!
Seasonal Employees – Getting the Most from Your Summer Help
Using Data and Technology to Reduce Public Works Fleet and Road Maintenance Risk
Risk Control Best Practices: Vehicle Pursuits
Trident Tool to Assist HR Professionals
Risk Control Best Practices: Vehicle Pursuits
Did you know that there are three types of Vehicle Pursuit Policies?
- Type A is Discretionary: allowable with officer discretion and important responsibilities regarding response, performance, termination, and supervision.
- Type B is Restrictive: pursuits are generally restricted to specific circumstances such as Serious Violent Felonies, and when occurring, they are authorized and closely monitored by supervisors.
- Type C is Prohibitive: pursuits are generally prohibited except in exigent circumstances, and when occurring they are authorized and controlled by this policy.
Did you know that the majority of fatalities that result from high-speed pursuits are innocent citizens who are not involved in the situation? That is one reason why vehicle pursuit policies are gravitating toward emphasizing “restrictive” and “prohibitive/exigent circumstances only” approaches, shifting the priority from immediately apprehending suspects to the preservation of human life.
Current best practices are primarily shaped by a 2023 landmark report from the Police Executive Research Forum which was funded by the Department of Justice and the National Highway Traffic Safety Administration.
In this report, the DOJ recommends that high-speed pursuits only occur when a strict two-part standard is met:
1) a serious violent felony has been committed and
2) the suspect poses an immediate danger of committing another violent crime if not apprehended.
Agencies are discouraged from chasing for non-violent offenses, such as traffic violations, property crimes, or simple failure to yield.
The report also recommended motorcycle restrictions. Due to the extreme vulnerability of riders, agencies should prohibit or strictly discourage pursuing suspects on motorcycles unless extreme exigent circumstances, such as an active shooter fleeing, are present. Similarly, officers on police motorcycles are generally advised against engaging in pursuits for safety reasons.
During pursuits, officers’ adrenaline can run high. It can be hard to determine when a pursuit should be ended, so it is important to ensure that Use of Force is incorporated into your Vehicle Pursuit Policy and that the different methods for using force, such as PIT maneuvers and stop sticks, are clearly discussed.
Alternative apprehension technologies can also be used, such as GPS tracking darts, helicopters, or drones to keep the roads safer for citizens.
Please contact our Trident Risk Control Team for your complimentary set of Model Law Enforcement SOPs which are created by OSS-Law Enforcement Advisors.
Seasonal Employees – Getting the Most from Your Summer Help
Soon it will be time to hire seasonal employees for the spring/summer season! Because these employees serve a specific purpose, they are not expected to last long and often have part-time schedules, hiring and training protocols are sometimes truncated. It is necessary then to concentrate on the most important aspects of selection and training.
Don’t Skip the Background Checks
When it comes to selection, do not skimp on background checks. Summer help is often used in areas such as parks and community centers that have vulnerable clients. It is therefore imperative that every person be vetted before giving access to children and the elderly. Use services that do the checking for you or at least make sure to check all of the various websites that provide free information of sex offenders. This is true for volunteers as well. Even if the employee is returning from previous seasons, recheck to make sure the data is current.
Don’t Skip the Training
Although training time may be shortened, the content should not be. In addition to the employee handbook, create a one-page document highlighting the most likely issues to arise. This could include scheduling and safety issues. If the employee is to be using equipment, make sure they are trained and qualified to use each piece. Have them demonstrate proficiency and be sure to record competency before letting anyone use equipment. Even if it is a returning employee, make sure they are still capable of handling the equipment as skills can be forgotten.
Don’t Skip Being Proactive
Liability for the mistakes of an employee is the same regardless of whether the employee is full-time, part-time or seasonal. New employees, including seasonal and summer employees, make up about one-third of all workers’ compensation claims. Be proactive in selecting and training employees to minimize the risk.
For more information on seasonal worker safety, download our Employer Guide to Young Worker Safety.
Using Data and Technology to Reduce Public Works Fleet and Road Maintenance Risk
Public Works departments are like the caped crusaders of our communities, working tirelessly behind the scenes to keep us safe and sound. Yet, these unsung heroes often go unnoticed until something goes awry. Each year, these dedicated employees face increasingly complex challenges, such as maintaining aging infrastructure, prolonging the lifespan of old vehicles and equipment, and providing essential public safety and emergency response services. Moreover, similar to many municipalities, they are frequently required to fulfill these responsibilities while being underfunded and understaffed.
Embracing Technology for Advocacy and Efficiency
To shift this narrative, numerous Public Works departments are adopting innovative solutions that not only help them advocate for their needs but also quantify their contributions, and reduce liabilities for their municipalities. An increasing number of these departments have begun to embrace technology, specifically fleet maintenance and work order programs that facilitate predictive maintenance.
These programs offer several advantages:
- Data Tracking: They allow for monitoring cost trends related to the fleet.
- Safety Compliance: Mobile applications can be utilized for daily pre-trip inspections.
- Accident Prevention: Built-in notifications alert employees if an accident occurs or if a vehicle remains stationary for an extended period.
- Cost Reduction: They help minimize downtime costs, maintenance expenses, and the costs associated with parts, inventory, and fuel.
The Advantage of Technology
By harnessing the power of artificial intelligence, dash cameras, and GPS, these innovative systems can whip up preventative maintenance plans based on traffic flow, road defects, and more. By employing dash cameras and GPS, these systems can analyze community roads to create maintenance plans based on traffic patterns, road conditions (like cracks and potholes), and other variables. Furthermore, fleet maintenance programs have demonstrated a capacity to lower accident rates by utilizing data to enhance driving habits. Most importantly, these solutions are not exclusive to larger municipalities; even the tiniest towns with a handful of employees are jumping on this tech train!
The Risk Management Perspective
From a risk management standpoint, this approach is a clear choice. Improved fleet maintenance leads to fewer auto claims, while better infrastructure management results in a decrease in road and sidewalk-related claims. A system that effectively tracks road-related complaints from citizens and records when repairs were completed is vital in defending policyholders from litigation. Implementing a predictive maintenance program can help prevent road-related claims before they even arise.
As we brave the remaining winter months, let’s tip our hats to the folks who clear and patch our roads. Consider reaching out to fleet maintenance software providers to explore which program might be most beneficial for your community. While it may require an initial effort to set up the program, the resulting cost savings will be substantial. Most importantly, embracing this technology can empower your dedicated Public Works employees through data-driven decision-making.
For more information on best practices for dealing with road defects, download our Risk Control Best Practices Guide: Road Defects.
Trident Tool to Assist HR Professionals
Has your entity been sued by employees for unlawful termination?
What about discrimination claims?
Is your harassment training up to snuff?
Are you looking for a one-stop shop to find information and resources to remain compliant with state and federal requirements?
Ever wished you had a hotline to call for advice before making employment decisions?
If the answer to any of these questions is “yes” then Trident has a solution for you, another way of reducing liability for municipalities!
We are pleased to announce our partnership with Zywave which is a service designed to help human resources professionals navigate the many challenges associated with running an effective HR operation. As the role of the HR professional has evolved, so have the complexities associated with personnel management. Today’s HR leaders are tasked with staying on top of the ever-changing legal landscape around employment practices and Zywave has the tools to help.
A Resource Library Built For You
Users have access to a vast resource library that can be customized to your state.
These resources include the following downloadables:
- Compliance posters
- Toolkits
- Checklists
You can receive updates, delivered right to your inbox, to keep you abreast of any changes to employment laws. This library is loaded with new information on a regular basis, and the easy search function can help you find a solution to your needs very quickly.
Educational and Training Services
Provide online training for the following:
- Sexual harassment
- Workplace violence
- Safety topics
- More!
This is an excellent supplement to those offered through our existing online training platform, Trident University, and is a nice way to mix up the delivery of content year after year. There are also live and on-demand webinars designed especially for the HR pro.
HR Hotline
Our public entities often reach out to us looking for a legal resource to tap into when making critical employment decisions – like terminating employees, providing accommodations and so forth. This platform includes a HR hotline where employers can seek legal advice on how to best approach these situations.
How much does this cost? Nothing. This service is free to our policyholders to help reduce liabilities for municipalities!
