13th Executive Safety Board

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13th Executive Safety Board

• Tasker Update

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13th ESB Tasker Update
TECOM AND SD CONTINUE DEVELOPMENT OF THE GROUND
COMMANDERS SAFETY COURSE FOR CONTENT, AUDIENCE,
AND TEACHING METHODS.
MGen Stalder
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Commanders Course Safety Instruction

• Current State
• Two hour brief/presentation by SD representatives
• Common operating picture of safety program

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Commanders Course Safety Instruction

• March 2006
• Two hour brief/presentation with current and
  relevant focus for the commanders
• Briefing points
• Incidental driver training
• Preventing vehicle rollovers
• Tactical Safety Specialist Program
• MCLLS from OIF and OEF
• Tools for the Ground Commander
• Aviation Commanders Program
• Sponsored by DC A and post Commanders Course
• Aviation Commanders Program
• 2 hours of aviation safety specific instruction
• Safety themes common thread through program

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Commanders Course Safety Instruction
The Way Ahead

• MCU sponsored bottom up review recommends a
• change in delivery of information for
  commanders
• Implementation of a Dual Track System in Oct
  2006
• -Core curriculum for all commanders (Generic)
• -Tracks for operating force and supporting
  establishment commanders (Common)
• -Type command instruction (GCE, ACE, CSS,
  Base/Station) (Specific)
• Safety Division will develop briefs/presentations
  that are
• current and relevant for all three categories
• Focus on gouge for the commanders
• -What do they need to know to implement an
  effective safety program

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13th ESB Tasker Update
SJA - IGMC DEFINE LOD AND NOT LOD (MISCONDUCT)
DETERMINATION CURRENTLY IN PRACTICE AND DEVELOP A
MARINE CORPS POLICY FOR COMMANDERS USE.
BGen Sandkuhler
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Line of Duty/Misconduct Determinations

• A LOD/Misconduct determination is required
• In ALL active duty death cases
• Whenever a Marine incurs an injury that may
  result in permanent disability or the inability
  to perform duty for more than 24 hours.
• All injuries and deaths are presumed to occur in
  the line of duty except in limited circumstances.
  
• A Marine cannot be deprived of legally entitled
  benefits without proper investigation that rebuts
  the presumption.
• No cookbook solutions LOD determinations are
  based on the facts and circumstances of each
  particular case.

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Army/Air Force Policy --SAME AS DON--

• Army/Air Force Presumption Death or injury
  occurred in the Line of Duty
• Army
• The mere violation of military regulations or
  civil or criminal laws with no additional
  misconduct, is no more than simple negligence.
• An injury, disease, or death that was the result
  of incapacitation due to the abuse of alcohol or
  drugs is not in the line of duty.
• A soldier involved in an automobile accident
  caused by his falling asleep at the wheel has not
  demonstrated willful neglect solely by falling
  asleep.
• Air Force
• The failure to use safety devices alone, can not
  be the basis for a finding that airman is not in
  the line of duty. For example, the failure to
  wear a safety helmet may have nothing to do with
  a rider who breaks his leg.
• Do not focus solely upon whether or not a member
  was wearing a seat belt or other protective
  devices at the time of an accident, but examine
  the facts and circumstances of each case.

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Misconduct Outside Line of Duty

• An injury, disease, or death due to misconduct
  requires a finding of Not in the Line of Duty.
• Misconduct
• An injury, disease, or death that is
• Intentionally incurred or
• The result of willful neglect Actions which
  demonstrates a reckless disregard for the
  foreseeable consequences of ones actions.
• To find a Marine outside the line of duty, CG
  must find misconduct and causation, i.e., the
  misconduct was the primary cause of the injury.
• Example A Marine who is killed when his car
  strikes a telephone pole as a direct result of
  him driving at 100 mph on wet roads has committed
  misconduct, and is outside the line of duty.

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Misconduct Determinations

• Misconduct Does Not Include
• Ordinary negligence or carelessness (Failure to
  exercise normal/standard care or diligence for
  the circumstances)
• Violations of law or regulations do not by
  themselves constitute misconduct
• Example A Marine killed in an accident by
  falling asleep at the wheel while not wearing a
  seatbelt likely does not commit misconduct and
  should be found in the line of duty since his
  death was the result of ordinary
  negligence/carelessness, not willful
  neglect/recklessness.
• Example A Marine who violates a base order by
  running with headphones and is struck by a car
  and killed likely does not commit misconduct and
  should be found in the line of duty since his
  death was the result of ordinary
  negligence/carelessness, not willful
  neglect/recklessness.

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Intoxication

• Intoxication
• May be the basis for a misconduct determination
  only if
• the member was sufficiently intoxicated to impair
  the rational and full exercise of his or her
  mental or physical faculties and
• the impairment was the primary cause of the
  injury or death.
• A Marine with a BAC level of .10 or greater is
  presumed to be sufficiently intoxicated to impair
  his mental or physical faculties.
• Example A Marine with a BAC level of .10 who
  drives into a telephone pole and is killed has
  committed misconduct since it is presumed that
  his mental/physical faculties were impaired by
  intoxication and the impairment was the primary
  cause of the accident.
• Example A Marine with a BAC level of .10 who is
  injured when his car is rear-ended while lawfully
  stopped at a traffic light likely has not
  committed misconduct since his impairment was not
  the primary cause of the accident and he should
  be found in the line of duty.

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Suicide

• Suicide Exception
• When a Marine commits suicide or makes a bona
  fide suicide attempt, there is a presumption that
  he is not responsible for his actions due to
  mental defect.
• A self inflicted injury resulting from a mere
  suicidal gesture is presumed to be the result of
  misconduct and incurred outside the line of duty.
• Example A Marine who hangs himself in his
  barracks room is presumed to not be responsible
  for his actions as a result of his mental
  condition and should be found in the line of
  duty.
• Example A Marine who cuts his wrist to avoid
  deployment is presumed to be in control of his
  mental faculties and should be found to be
  outside the line of duty. (Not a bona fide
  attempt)

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Benefits NOT Affected by Line of Duty/Misconduct
Determinations

• Benefits payable regardless of LOD determination
• SGLI
• Automatically set at 400,000 unless Marine
  elects otherwise
• Death Gratuity
• 100,000 for all active duty deaths
• Military treatment facility care for Marine
• Continued dependent medical and dental care for
  up to 3 years in the case of member death
• Government housing or BAH allowance for up to 1
  year in the case of member death

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Benefits LOST if Found Outside the Line of Duty

• Benefits forfeited if injured/killed outside line
  of duty
• Survivor Benefit Plan
• Only applicable if Marine has surviving spouse or
  children
• 55 of amount Marine would receive if retired
  with 100 disability
• LCpl with 3 years 935 monthly
• Sgt with 6 years 1265 monthly
• Traumatic Injury Insurance
• The VA makes its own determination regarding the
  payment of numerous VA medical, financial,
  educational, and assistance benefits
• Disability retirement/severance pay

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Educating Commanders

• Recommend that issue be addressed at General
  Officer Symposium
• Issues will be addressed by JAD during
  Commanders Course

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LOD Determinations 2003-2005 Number of LOD
Determinations is not centrally maintained. Data
obtained from SJAs.
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LOD Determinations 2003-2005
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LOD Determinations 2003-2005 and Totals
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13th ESB Tasker Update
MCCDC - SD DEVELOP DISCUSSION POINTS FOR
ESTABLISHING SAFETY BILLETS IN THE BATTALIONS FOR
CONSIDERATION BY THE EOS, EXPERIMENT WITH A
REGIMENT-SIZED ORGANIZATION, USING ACTIVE DUTY
AND/OR CIVILIAN MARINES.
LtGen Mattis
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13th ESB Tasker Update
MCCDC CONTINUE WITH THE PROJECT TO ADD ORM INTO
THE MCPP, THE TROOP LEADING STEPS, FIVE-PARAGRAPH
ORDER, AND TRANSITION BRIEFS.
LtGen Mattis
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13th ESB Tasker Update
II MEF PROVIDE RESULTS OF 2ND TANKS AND 1/8
CULTURE WORKSHOP BETA TEST TO ALL MARFOR AND MEF
COMMANDERS.
LtCol Audsley
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II MEF Ground Culture Workshop Results

• 13th EXECUTIVE SAFETY BOARD
• 1 March 2006

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II MEF Ground Culture Workshop Results

• AGENDA
• 12th ESB Tasking to II MEF
• Background
• Discussion
• Recommendations
• Summary
• Questions

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II MEF Ground Culture Workshop Results


12th ESB TASKING TO II MEF Provide feedback
from 2nd Tank Battalion and 1st Battalion, 8th
Marines Ground Culture Workshop beta tests of
14-18 November 2005
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II MEF Ground Culture Workshop Results

• BACKGROUND
• The Naval Safety Center HQMC Safety Department
  conducted Ground Culture Workshops (GCWs) from
  14-18 November 2005 at II MEF
• Purpose Validate the Aviation Culture Workshop
  model in ground units
• Feedback from the GCWs was derived from
  Commanding Officer surveys and follow-up
  discussions with both the Commanding Officers and
  workshop facilitators.

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II MEF Ground Culture Workshop Results

• DISCUSSION
• GCWs were well received and judged to be
  beneficial
• Commanders were appreciative of the candid
  comments
• The workshops provided positive and negative
  feedback, along with an objective view of the
  lines of communication within the command
• The workshops provided unfettered feedback from
  junior and senior enlisted personnel regarding
  the command climate
• The current GCW model of 2.5 days worked well,
  and minimally impacted operations

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II MEF Ground Culture Workshop Results

• DISCUSSION (Cont)
• Concerns
• Confidential discussions, results and/or
  observations, obtained during the GCW, would be
  compromised to other units and/or higher
  headquarters
• Commanders are wary of sister units present
  during the GCW
• Due to their large size, scheduling ground units
  for GCW participation is substantially more
  difficult than aviation units
• The title Ground Culture Workshop does not
  accurately portray the intent of the program

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II MEF Ground Culture Workshop Results

• RECOMMENDATIONS
• Continue with GCW but need to Ensure
  Confidentiality
• Results provided only to the surveyed
  commander
• Recommend that a cadre of disinterested/objec
  tive personnel be
• established to conduct GCW visits (e.g., MCB
  or reserve IMA personnel)
• Small Unit Participation
• The GCW model works best with squadron/
  company sized units
• Recommend that when assessing a battalion
  sized unit, one company, at a time, is brought
  off line for the workshop
• Title Ground Culture Workshop should be
  changed to Command Climate Workshop

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II MEF Ground Culture Workshop Results

• SUMMARY
• Overall, very good program
• GCW will need to be continually modified as more
  units participate
• Crawl, Walk, Run Continue beta testing on
  larger scale prior to full, Marine Corps-wide
  implementation

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II MEF Ground Culture Workshop Results


QUESTIONS?
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13th ESB Tasker Update
II MEF, MCIEAST, AND MCIWEST DEVELOP AND
PROVIDE A PROCEDURE FOR PMO TO USE IN COLLECTING
AND REPORTING OFF-BASE PMV VIOLATIONS.
Col Don Anderson
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PASTE PMO BRIEF HERE
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13th ESB Tasker Update
MARFORCOM, MARFORPAC, MARFORRES PROVIDE MAJOR
SUBORDINATE COMMANDS WITH THE MARINE GROUND
FORCES PRESERVATION STATUS REPORT (MFPSR) IN
ORDER TO IDENTIFY REPORTABLE ITEMS AND ACTIONS
FOR THE COMMANDERS SAFETY PROGRAM.
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MFP ESB TASKER 1

• COMMARFORS PROVIDE MAJOR SUBORDINATE COMMANDS
  WITH THE MARINE GROUND FORCES PRESERVATION STATUS
  REPORT (MFPSR) IN ORDER TO IDENTIFY REPORTABLE
  ITEMS AND ACTIONS FOR THE COMMANDERS SAFETY
  PROGRAM.
• Outstanding tool to provide leading indicators to
  Commanders on an effective safety program.
• Modeled after Aviation Safety Status Report which
  is forwarded monthly
• Concur with draft format column headings.
  Recommend the following additional column
  headings
• ORM Implementing Order Established (date)
• Seatbelt Survey Conducted (date semi-annual
  requirement)
• Supervisor Safety Training ( complete)

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13th ESB Tasker Update
MARFORCOM, MARFORPAC, MARFORRES, SD ADDRESS THE
FUNDING OF TSS PROGRAM IN SUPPORT OF THE
WARFIGHTER TO MAKE THE PROCESS TRANSPARENT TO THE
REQUESTING UNIT. ALL FUNDING PROVIDED BY THE
INSTALLATION IN THE TRAINING ENVIRONMENT.
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MFP ESB TASKER 3

• MARFORS AND SD - ADDRESS THE FUNDING OF THE TSS
  PROGRAM IN SUPPORT OF THE WARFIGHTER TO MAKE THE
  PROCESS TRANSPARENT TO THE REQUESTING UNIT.
• In summary, the Installation Safety Offices all
  agree that regular salaries and equipment issues
  will be an installation responsibility. All
  Agree that OIF/OEF funds should be used for
  combat TSS support. MCIWest and MCBH both agree
  to address overtime/compensation time issues
  locally and MCBJ believes that training exercise
  funds should cover any overtime issues (MEF OP
  funds).
• Funding streams for deployed TSS support will be
  transparent to deployed commands directly
  supported by TSS, however in order to ensure
  agreement
• INSTALLATIONS AND MEFs NEED TO ENTER INTO
  COMPREHENSIVE MOUs DEFININING SUPPORT ROLES,
  FUNDING ISSUES AND SUPPORTING RELATIONSHIPS

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MFP (ALL MEMBERS)ESB TASKER 3

• Installation comments
• MCIWest
• Installations pay salaries. If any TSS incurs
  overtime in CONUS we give them compensation time,
  not overtime. All 782 gear is drawn from our CIF
  and is returned at the completion of the tour.
  We supply our Tactical Safety Specialists with
  uniforms. Overtime in Theater will be paid by
  OIF funds.
• MCBJ
• Funding for deployed TSS personnel should be
  charged to the exercise (if training), operation
  (if in combat or support of such). Salaries
  should/shall be paid by the installation
  however, overtime or anything there of associated
  with the TSS being in a deployed status in
  support of "XXXXXXX", again should be borne by
  the funding agency of "XXXXXXXXX".
• MCBH
• We agree that when a TSS is deployed in support
  of OIF/OEF, those funds should support the TSS.
  For other deployment/training activities, MCB
  Hawaii has been taking the additional costs "out
  of hide". We fully agree these activities should
  be funded by the installation to purchase
  necessary equipment (782 equipment, etc) and for
  overtime.

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13th ESB Tasker Update
C O M P L E T E
SAFETY DIVISION COMPLETE FINAL EDIT AND REVIEW
OF WARRIOR PRESERVATION CAMPAIGN PLAN 2006 AND
FORWARD FOR SIGNATURE AND RELEASE.
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13th ESB Tasker Update
C O M P L E T E
ESB MEMBERSHIP (SD) PROVIDE COMMENTS TO SAFETY
DIVISION ON THE DASN (S) NAVAL SAFETY STRATEGY.
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13th ESB Tasker Update
SD AND TECOM REVIEW THE OCDI SURVEY RESULTS AND
DEVELOP RECOMMENDATIONS FOR THE COMMANDER TO USE
FOR IMPROVEMETN OF UNIT PERFORMANCE. Dr. Mangan
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OCDI BRIEF HERE