Effective December 22, 2005, the Administrative Support Manual (ASM), subchapter 25, is revised to reflect the
current procedures and organizational responsibilities for
investigating accidents and adjudicating tort claims under
the existing Postal ServiceTM organizational structure. Certain tort claims are no longer adjudicated at the San Mateo
Accounting Service Center and are now adjudicated at the
St. Louis Accounting Service Center. Tort claim adjudication at the district office level is the responsibility of customer service analysts who have been designated as tort
claims coordinators. The revisions were also necessary to
reflect the organizational changes made in the General
Counsel organization. Previously, tort claims and tort litigation were handled by the General Counsel's field offices. In
2002, the National Tort Center was established to adjudicate tort claims and manage tort litigation.
Administrative Support Manual (ASM)
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2 Audits and Investigations
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25 Tort Claims
251 Responsibilities
[Revise title of 251.1 to read as follows:]
251.1 Definition
[Add text to read as follows:]
Tort claims are claims for damage to or loss of property,
personal injury, or death to nonpostal personnel caused by
the negligent or wrongful act or omission of an employee
while acting within the scope of employment.
[Delete sections 251.11 through 251.2. Insert new sections
251.2 through 251.4 to read as follows:]
251.2 Authority
The Postal Service is authorized to settle tort claims pursuant to the provisions of the Federal Tort Claims Act and
related regulations. 39 U.S.C. Section 409(c); 28 U.S.C.
Section 2672; 28 C.F.R. Section 14.
251.3 Policy
Postal Service policy is to promptly and willingly discharge
its legal responsibility to those persons who claim damages
pursuant to the Federal Tort Claims Act.
251.4 General Services Administration (GSA)
General Services Administration is responsible for tort
claims arising from accidents at facilities under GSA control, when the accident is not caused by postal employee
negligence.
252 Accident Investigation
[Revise title of 252.1 to read as follows:]
252.1 Installation Head or Designee
[Renumber text under 252.1 as 252.11. Add sections
252.12 through 252.18 to read as follows:]
252.12 On-Scene Investigations
Prompt on-scene investigations are required for both vehicular and nonvehicular accidents that involve damage to private property or personal injury to a private party, or for
those that involve damage to postal property caused by the
actions of a private party. District tort claims coordinators
do not generally conduct on-scene investigations. The initial investigation is the responsibility of the installation head
or employees that have been designated by the installation
head as on-scene investigators. The on-scene investigator
should contact his or her district tort claims coordinator at
the time of an investigation or immediately after returning
from the accident scene. Further investigation may be required based on the advice of the tort claims coordinator.
252.13 Duties
The on-scene investigator has the following
responsibilities:
a. Conduct both an on-scene and a follow-up investigation of all postal-related accidents that involve damage to private property or personal injury to private
parties. Investigations must include the completion of
required investigation forms and photographs of the
accident scene, as well as photographs of any vehicles involved in the accident and any other objects
relevant to the accident (make sure to record on the
photographs, or on an attached form, the photographer's name, the date the photograph was taken, and
a description of the subject of each photograph). Detailed investigation instructions are located in Handbook PO-702, Accident Investigations - Tort Claims.
b. Submit a report of each accident to the district tort
claims coordinator and include all required investigation forms and photographs. Keep a file (copies of all
forms and photographs) in the installation files.
252.14 Forms Required
252.141 Standard Form 91
Standard Form 91 (SF 91), Motor Vehicle Accident Report, is carried in each government motor vehicle, privately
owned government-operated motor vehicle, and by each
employee using a bicycle or light vehicle. The form is filled
out by the driver of any vehicle involved in an accident, regardless of the extent of injury or damage, and whether or
not the parties involved state that a claim will be filed. Vehicle operators should not give any statements, written or
oral, at the scene of the accident, except information required by law to be furnished to a police officer, other drivers, or parties involved. The driver's supervisor should
complete SF 91 Section X, Details of Trip during Which Accident Occurred. This section should include the supervisor's certification as to whether the postal employee was
acting in the scope of his or her employment at the time of
the accident.
252.142 Form 1700
Form 1700, Accident Investigation Worksheet, must be
completed for both vehicle and nonvehicle accidents by the
on-scene investigator.
252.143 Standard Form 94
Standard Form 94, Statement of Witness, must be provided
to all available witnesses to an accident. Instruct vehicle
operators and other employees to obtain the names and
addresses of any persons who may have witnessed the
accident.
252.15 Accidents Involving GSA-Controlled Buildings
Advise the GSA building manager or other GSA official, as
soon as practical, of the accident. Conduct a normal investigation whenever the accident involves a postal customer
or the area of the building where the accident occurred is
used by the Postal Service.
252.16 Accidents Involving Non-Postal
Service-Owned Vehicles
A normal investigation should be conducted if a postal employee acting within the scope of his or her duties is involved in an accident while operating a leased or rented
vehicle, a GSA vehicle, or his or her own private vehicle. An
investigation should also be conducted when a rural letter
carrier is involved in an accident on the way to or from work
in the vehicle he or she uses to carry the mail on his or her
route.
252.17 Accidents in Leased Facilities
Investigate all accidents involving private persons that occur in leased or rented postal facilities just as fully as those
occurring on postal-owned premises. In accidents caused
by or alleged to be the result of structural defect, state if,
when, and how notice of the defect and needed repairs was
given by the Postal Service to the landlord before the accident occurred. Advise whether or not the lease contains a
provision requiring the landlord to make repairs. |
252.18 Other Accident Investigation Responsibilities
Tort claim investigation procedures do not replace or otherwise reduce a manager's or supervisor's investigation obligations under the Postal Service's Safety Program, which
are set forth in detail in parts 821 and 822 of the Employee
and Labor Relations Manual.
[Delete sections 252.2 to 252.4. Add new 252.2 to read as
follows:]
252.2 Tort Claims Coordinator
252.21 Designation
Each district designates a customer service analyst (or on
occasion some other appropriate employee) to serve as the
district tort claims coordinator. The individual assigned
must be properly trained to perform this function.
252.22 Duties
The district tort claims coordinator has the following responsibilities (Handbook PO-702, Accident Investigations -Tort Claims, fully details the tort claims coordinator
function):
a. Advises Post Office personnel and promotes their accident investigation proficiency.
b. Makes sure that all information, exhibits, and documentation about accidents involving personal injury
to private persons or damage to private property are
gathered and forwarded in a timely manner for their
evaluation.
c. When a claim is received, determines if any necessary follow-up action is required.
d. Ensures that, when applicable, claims are settled and
payments made within the tort claims coordinator's
authority (see 254.1).
e. Promptly forwards the completed investigative file to
the adjudicating authority (see 254) when a tort
claims coordinator cannot resolve the matter locally.
f. Decides whether personal assistance is necessary at
the scene or if guidance to the local investigator suffices when notified of the accident.
g. Makes and negotiates affirmative claims on behalf of
the Postal Service for damages to Postal Service vehicles and/or real property resulting from the negligence of others.
[Revise title of 253 to read as follows:]
253 Administrative Claim Procedures
[Revise sections 253.1 and 253.2 to read as follows:]
253.1 Assistance
Any person who inquires about how to file a claim should
be advised to contact the district tort claims coordinator,
who will provide a full explanation of the claim procedures
and an SF 95, Claim for Damage, Injury, or Death. How-
ever, written tort claims can be filed and must be accepted
at any Post Office or other postal facility.
253.2 General Instructions
Any postal employee who receives a completed tort claim
form or other writing indicating that it is a claim should immediately stamp or write the date received on the claim and
on any copies of the claim, and sign his or her name next to
the date. The claim should then be forwarded to the district
tort claims coordinator.
[Add section 253.3 to read as follows:]
253.3 Restrictions
Except as required by law, Postal Service management
employees should not provide information to any nonpostal
personnel (including lawyers, private investigators, insurance adjusters, etc.) regarding a postal accident or tort
claim without prior approval from the tort claims coordinator
or the Postal Service Law Department.
[Revise title of 254 to read as follows:]
254 Claims Payment Authority
[Revise 254.1 to read as follows:]
254.1 Local Payment of Personal Injury and
Property Damage Claims
District managers, or their designees, are authorized to expend up to $5,000 to resolve tort claims. District tort claims
coordinators are designated to exercise that authority by
negotiating with tort claimants, though the approval of an
intermediate manager may be required prior to payment.
When it is in the interests of the Postal Service, tort claim
coordinators can on occasion resolve claims for an amount
greater than $5,000, but only when receiving prior authorization from a Law Department attorney. Any such authorization is provided after Law Department review of the claim
and it must be in writing (correspondence, facsimile, or
electronic mail).
[Revise 254.2 through 254.4 to read as follows:]
254.2 Multiple Claims
If more than one claim arises out of a single accident, the
district manager's designee may resolve each claim presented, if none of the claims received or anticipated exceed
the delegated authority of $5,000.
254.3 Unauthorized Payments
Tort payments should not be made by tort claims coordinators on any of the following types of claims:
a. Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.
b. Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of
process, libel, slander, misrepresentation, deceit, or
interference with contract rights.
c. Any claim submitted by a federal agency.
d. Any personal injury claim submitted by a postal or
other federal employee acting in the scope of their
employment.
e. Any claim for damage caused in an accident where
the motor vehicle involved was operated by an independent contractor, such as a highway contract route
carrier.
254.4 Denial of Claims
Local postal officials are not authorized to deny tort claims.
Claims that are recommended for denial by the tort claims
coordinator must be forwarded to the appropriate adjudicating authority.
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We will incorporate these revisions into the next printed
version of the ASM, and also into the online version, available on the Postal Service PolicyNet Web site:
• Go to http://blue.usps.gov.
• Under "Essential Links" in the left-hand column, click
on References.
• Under "References" in the right-hand column, under
"Policies," click on PolicyNet.
• Click on Manuals.
(The direct URL for the Postal Service PolicyNet Web
site is http://blue.usps.gov/cpim.)
— General Counsel, 12-22-05 |
