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