Risk Management and Liability
Risk Reduction for MG Activities and Projects
UME faculty, staff, and volunteers are protected from frivolous torts by the MD Tort Claims Act (see UME Policies and Procedures section for additional information about MTCA). It’s very hard to sue the State of Maryland, or an employee or volunteer working on behalf of the State, as long as the employee or volunteer was not grossly negligent or malicious in their actions. MG programs should assess potential health & safety risks of projects and activities and implement measures to reduce those risks. Some good measures to take for all venues include:
Inspect event sites in advance of an event
Tell patrons to dress appropriately, including footwear and sun/rain/other weather protection
Make sure enough personnel are present during the event
Offer to assist participants when going up/down hills, steep slopes, etc.
Check weather conditions in advance and be prepared
Require participants to sign an “Informed Consent & Release” form for events presenting more than basic risks
Demonstration Gardens
Take steps to reduce risks when the public comes into your demo garden for hands-on learning (e.g., remove tripping hazards laying on the ground, like hoses and tools).
Beehive demonstrations
If you do open a hive during a public presentation, provide detailed information to attendees ahead of time on bee sting risk factors and how to minimize them. We recommend teaching with observation hives only, not open hives. Contact your county/city beekeeping association or the UMD Bee Squad for additional guidance.
Accessibility Policies and Procedures
Information regarding UMD’s accessibility policies and services can be found on the Counseling Center's website.
The University’s ADA Coordinator listed below is responsible for campus-wide compliance with Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
Dr. Jo Ann Hutchinson, Director of Accessibility and Disability Service (ADS)
Phone: (301) 314-7682
Email: adsfrontdesk@umd.edu
Third party individuals (visitors, volunteers, applicants for admission or employment, vendors and contractors) with a disability, who are visiting the University, and seek an accommodation to facilitate their visit or access to University programs, must contact ADS.
a. Timeliness: Third parties are expected to provide reasonable notice in order for the University to facilitate the provision of a requested accommodation in a timely manner.
b. Documentation: Depending on the nature of the disability and accommodation request, third parties may be subject to the same supporting documentation requirements as students, faculty and staff.
It is the responsibility of the host department or unit on campus to implement reasonable accommodations, as communicated by ADS, to third parties. If you have a request for accessibility, please contact your MGC as soon as possible so they can contact ADS.
UM & UME Liability Insurance Policies & Liability Release Forms
Calling Emergency Services (Police Department, EMT, and Fire Department)
Volunteers should exercise caution and use their best judgment if there is a medical incident at a UME-sponsored event. If it is warranted, do not hesitate to call emergency services. Volunteers planning events where higher risk is involved need to plan ahead by researching and making available the information for the closest medical care.
Completing an Accident Report
Please see the Forms and Resources section for the accident/incident report form. This should be used in the event that a UME staff or faculty member or volunteer is injured during a UME affiliated event. Please fill out the form as thoroughly and completely as possible, and make sure that if a volunteer fills it out they give it to staff or faculty at the local Extension office. The MG Coordinator should send a copy of the form to their AED, and keep the original on file. Please remember to exercise discretion when discussing sensitive medical or personal information.
If a volunteer or participant is injured, the incident should be documented in writing, signed by the UME staff of faculty member in charge of the event, and forwarded to the state coordinator to keep on file.
Tough Topics
When interacting with the public, MGs are sometimes faced with difficult questions. Below are some of the most common tough topics that volunteers receive questions about along with guidance on how to handle those topics.
Pesticides and Pest Control Recommendations
It is the client’s responsibility to use pesticides safely and legally. ALWAYS insist that clients READ and FOLLOW pesticide label directions and remind them that it is a federal offense to use any pesticide in contradiction to the label information. The label is the law.
When clients have questions about specific pesticides refer them to the manufacturers’ telephone number or the National Pesticide Information Center (http://npic.orst.edu/; 1-800-858-7378).
It is important to be up-to-date on the labeling information for commonly used pesticides and knowledgeable about non-chemical pest control methods.
Specific pest management recommendations and guidance should come directly from UME pubs and web content. Only use and disseminate recommendations and information or science-based information from UME and other land-grant universities. Practices that are not science-based should not be mentioned.
UME Master Gardeners may not apply any pesticides (e.g., glyphosate, insecticidal soap) on public land (including demonstration gardens). Pesticides can only be applied on public land by individuals with current Pesticide Applicator Certification issued by the Maryland Dept. of Agriculture, or a trained individual working under the Certified Applicators’ supervision. Coordinators who are interested in learning more about becoming certified can visit UME’s Pesticide Education and Assessment Program website.
Delusory Parasitosis
UME office staff are not certified, trained, or equipped to handle insects, mites, or other specimens or samples taken from a human or other animal body (e.g., pet). The client should consult a physician, health department, or veterinarian for assistance with these issues. Please see the presentation on delusory parasitosis in the Forms and Resources section created by MGC Emily Zobel. There are also additional resources on this topic listed below:
Texas A&M Diagnosing Mysterious "Bug Bites"
Food Safety and Preservation
MGs should not present training or answer questions on food preservation. This could include canning, freezing, or drying. Any clients with questions regarding food preservation can be directed to UME’s Grow It Eat It Preserve It program. UME Family and Consumer Sciences staff are trained and legally covered to teach food preservation. Please contact them if MGs would like to work with them on a related topic.
MGs should not be preparing or sharing produce with guests at events. There are UME staff within other programs who have been properly trained to clean and serve produce. For more information, volunteers can refer to UME’s Food Safety webpage. Any events that involve sharing or serving of produce should be discussed with UME staff.
Mushrooms
MGs are not trained in selecting and cooking mushrooms to ensure that they are safely edible. They should not teach programs or answer questions regarding mushrooms in any culinary topic.
Wild Edibles / Foraging
MGs are not trained on how to responsibly forage for food in a wild or natural setting, and should not be instructing the public on how to do this.