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by Edward A. Schirick,
C.P.C.U., C.I.C., C.R.M.
The benefit of international staff and cultural
exchange is well established in U.S. summer camps.
These young men and women bring an adventuresome
spirit, experience, and diversity to camp, which
afford valuable learning opportunities for the
visitor as well as the hosts. Invariably opportunities
also include risks, which continue to evolve
and change.
Driving Privileges
Can international
staff drive legally in the United States? The
answer has historically been yes. Establishing
criteria for and issuing driver licenses to individuals
in the U.S. has been the responsibility of the
various states. Concerns about the security and
integrity of this process were raised following
the September 11th attacks.
The circumstances
under which international visitors will be allowed
driving privileges in the future appears to depend
upon the interpretation and implementation of
a controversial Federal law known as the Real
ID Act of 2005.
At the present time, international
visitors are permitted to drive if they have
a valid license from their home country. In most
cases, state regulatory agencies recommend international
visitors secure an International Driving Permit
(IDP) from the authority in their home country
regulating driver licenses. The IDP is commonly
referred to as an International Driver License,
but this is a misnomer. It is not a driver license
at all, but simply a translation of their home
country's driver license into the languages
of the United Nations.
If the language of their
home country is English this is a moot point,
but otherwise securing an IDP is an important
practice. Imagine an international staff member
with a vehicle full of campers being stopped,
detained, and/or ticketed because the police
couldn't read the language on their driver
license. If your practice does not include requiring
international staff to have an IDP, we recommend
implementing that practice.
The impact of the
Real ID Act of 2005 has been delayed. It was
targeted for implementation in 2008, but provisions
of the law allowed postponement for valid reasons
at the state level. The Act mandated certain
practices and services, but didn't grant
any Federal funds for implementation. Besides
delayed implementation, several states are flatly
opposed to the implementation of the Act, so
the future of the Act is unclear in certain states
until the political issues are resolved. In the
meantime, other states are implementing the law
and have set dates to accomplish goals established
by the Act. These implementation plans may impact
the driver license requirements and driving privileges
for international staff in certain states in
2009. We recommend investigating the potential
impacts in your state as soon as possible.
Driving
Records
Insurance companies have always been,
and continue to be, concerned about international
staff with driving responsibilities at camp.
While underwriting criteria vary among insurers,
one common thread exists: the need for international
staff with driving duties to bring a copy of
their driving history from their home country
in English.
In some cases, this driving history
can be obtained from the same agency or authority
that issues the IDP. In other cases, accidents
and other driving or traffic infractions may
already be a part of their driver licenses. At
that point, the IDP would be all that is required.
If your international staff have driving duties
at camp, make obtaining their driving histories
a part of their documentation requirements for
2009.
In addition, secure the cooperation of
the international staffing agencies by sharing
with them the need and urgency of this insurance
underwriting requirement. Once you have your
copy of the driving history, it should be sent
to your insurance broker who will send them on
to your insurer for review.
You can expect underwriters
to take a tougher approach on international staff
driving privileges at camp without this documentation.
Other Options
There may be some other options
that you can use to qualify international staff
with your insurers if they can't provide,
or fail to bring, the required documents. These
include precamp driver training programs, driving
tests, and in-service training and monitoring
programs. Don't assume the insurance company
will be agreeable.
Check with your broker or
insurer first while you still have time to secure
the needed documentation for international staff
if the insurance company insists upon it. At
the same time, find out what resources your insurer
has available to help with all driver training
challenges.
Background Checks
Resources to check
backgrounds of international staff are not as
readily available in the rest of the world as
they are here in the U.S. Nonetheless, U.S. insurance
companies providing liability insurance for sexual
abuse and molestation are quite concerned that
appropriate background check procedures are in
place, and that checks are being conducted on
the international staff working at your camp.
Underwriters expect camp directors to verify
that background check procedures have been properly
performed by the agency making arrangements for
the staff person. Documented proof in writing
that these checks have been performed is also
advisable. It is further recommended that this
documentation be kept permanently in the staff
person's employment file.
No Perfect Solution
Background
checks are not a perfect solution and no one
should relax, or forego other risk management
procedures and practices designed to monitor
and manage the risk of molestation and abuse
based upon a “clean” background check.
Vigilance is required at all times with all staff,
volunteers, and other persons who work with or
come into contact with campers.
Health Issues
and Insurance
Each international staff member
has some limited accident medical and sickness
medical insurance available to him/her from the
sponsor mandated under the J-1 Visa program.
Generally, the coverage is minimal and often
carries a deductible, which can be burdensome
if the staff member has an unhealthy summer.
Check with the organization sponsoring your international
staff members to ensure you are aware of the
parameters of their accident and sickness health
insurance.
Is international staff eligible for
workers' compensation insurance if they
are injured while working at camp? The answer
to this question depends upon the workers' compensation
law where your camp is located and where the
injury occurs. Generally, in my opinion the answer
is yes, but there are some exceptions. Chances
are good there will be confusion over coverage
at the time the claim is presented. We recommend
getting this question of coverage clarified before
the need arises by asking your insurance broker
to discuss the situation with your workers' compensation
insurer.
If there is coverage, it usually ends
when the staff members return to their home countries.
This creates a bit of a problem depending upon
the nature of their injury and the need for rehabilitation
or further care when they return home. Once home,
international staff members will have to depend
on local resources for any continuing care and
pay for those services themselves.
If an international
staff member is injured on the job, but the workers' compensation
claim is denied for a valid reason, their accident
and sickness medical insurance provided by the
J-1 sponsor will most likely respond.
While all
participants are screened medically and provide
a health history, directors, camp nurses, and
other medical resources are advised to be prepared
for the unexpected. This thought followed the
recollection of a situation involving an international
staff member who became sick with an illness
that initially baffled the camp medical staff.
It turned out the illness was malaria!
Uncertainty
Ahead
Will the Real ID Act of 2005 be implemented
as originally passed? What impact will this law
have on the ability of international staff to
drive camp vehicles in the future?
Can you secure
the type of documentation the insurance companies
are seeking about driving history and background
checks? If the documentation is not available
should you hire the staff person anyway? What
are the implications for your camp business if
you choose to overlook these requirements?
Health
insurance and evolving health risks are a growing
concern. Are the limits of accident and sickness
insurance provided for international staff adequate
considering the costs of health care today? Will
your state's workers' compensation
law allow coverage for injuries to noncitizens?
Lots of questions remain; however, it seems
clear some of the risks associated with employing
international staff are evolving and changing.
Will your camp be ready to manage the changes
ahead?
Originally published
in the 2008 November/December issue of Camping
Magazine.
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