NGS/Liability Len Paplauskas 27 Sep 1994 07:28 EST

Barbara Gray <xxxxxx@COFC.EDU> writes:
>
>     One of our faculty members just received a grant from National
>Geographic Society for a field expedition to China.  In addition to our PI,
>there will be researchers from about six different universities/
>organizations in different countries who will participate in the field
>work.
>
>     Although NGS writes the checks to the investigators, our PI has
>requested that he endorse the check over to us and that we manage the funds
>thru our grants accounting system.

 PI should be aware that the simple act of endorsing over the check
 to the university does not necessisarily absolve the PI from all
 tax liability.  Depending on the way PI's financial situation is
 structure, and tax return is prepared, this is a possibility that
 PI could be paying some taxes on the NGS grant, and should consult
 with tax accountant before a decision is made to go this route.

 Don't know if NGS is willing to make grant to C of C, but that
 would be cleaner.

>We are okay with the accounting part
>but have some questions about liability.  We are thinking about drawing up
>a "hold harmless" agreement for all of the expedition team members,
>indicating that the College of Charleston is not liable for things that
>could go wrong--including bodily injury--in the field.

 If expedition team members are C of C employees, then a hold
 harmless agreement may conflict with workmen's comp regulations
 in your state.  Think you'd better review C of C's obligations
 to its employees before you embark on that route.  If employees
 are working on a project as part of their responsibilities to
 their employer, then employer has an obligation to provide for
 the employee's well being, IMHO.  When the "workplace" extends
 beyond the facilities of the University, then appropriate steps
 should be taken toprovide the employees with information on
 issues such as handling medical emergencies.

>From the
>humanitarian standpoint, we are also concerned that these other
>investigators know the extent to which their own health insurance will
cover them in China so that they know how to handle medical emergencies in
the field.
Len

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Leonard P. Paplauskas    Assistant Vice President for Research     |
203-679-3173             University of Connecticut Health Center   |
FAX 679-2670             Farmington, CT   06030-5355               |
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xxxxxx@sun.uchc.edu                                            |
xxxxxx@neuron.uchc.edu                                           |
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