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Office Safety

By Workplace Safety

Like any other workplace, proper precautions and ongoing safety inspections in offices are an excellent way to protect employees and visitors. Eliminating or mitigating most office safety hazards is easy by the correct design for jobs and workplaces and understanding the differences among people and tasks. Make sure that there is adequate temperature control, humidity control and exhaust systems to keep a comfortable environment.

The Need for an Office Safety Plan
Companies with several worker’s filing compensation claim or claims from visitors for accidents are likely facing increases in their monthly premiums for these insurances. When management and staff work together the workplace is safer for workers and visitors. Safety plans include items such as:

Who is Responsible? Everyone is!
Management offers training for all employees in:

  • Emergency procedures
  • Electrical Safety
  • Office ergonomics
  • Insure all office equipment is in good and safe working condition
  • Make sure that proper storage for office supplies has easy access and adequate space

Office Staff Responsibilities

  • Tell management about any safety problems at once.
  • Report equipment that needs repair – never attempt the repair on your own.
  • Keep a well maintained office environment

Be On the Lookout (BOLO)
Electrical Safety
Electrical safety is a major issue in office space. Improperly maintained or used electrical equipment is often a fire hazard or tripping hazard. Common issues in offices include:

  • Use of extension cords that are a tripping hazard
  • No part of an extension cord has frays, cuts, kinks or knots
  • Make sure cords are not running through doorways so that closing doors frays the wires

Noise Hazards
Noise hazards are more common than most people believe. It is more than an annoyance. High noise levels can lead to permanent loss of hearing and deafness. To avoid disturbing levels of noise:

Buy the quietest equipment possible.
Maintain it so that it remains quiet
Place loud equipment as far from conversation areas as possible.
Isolate noise sources. Use barriers, buffers or acoustically treated material.

Housekeeping
Poorly performed housekeeping is often the cause of fires, employee injuries, and injuries to guests. Aisles within the office cannot have obstructions. When not in use all drawers are kept closes. Damaged furniture, especially chairs and drawers that cannot close need fast attention.

Management encourages employees to report all unsafe conditions and when a report comes, takes prompt action to fix the problem.

How to Deal With Visitor Injury in the Workplace

By Workplace Safety

Most states demand that businesses, regardless of size, take every reasonable action to keep their premises safe for employees and visitors. The definition of visitors is fairly loose. Basically, it is anyone not employed by the business and covered by its workmen’s compensation insurance policy.

This means that clients, customers, delivery persons, repair persons, outside maintenance contractors and anyone who comes to the business premises needs protection from foreseeable dangers.

There are different types of people who come into a business and each has a different level of required care for its class of visitors.

Invitee

This is a person whose invitation is explicit (by appointment, for example) or implicit (a customer looks at the goods and services for sale in a shop). A business owner’s duty to an invitee is to exercise ordinary care and make the property generally safe without any dangerous conditions.

Licensee

A licensee in not an invitee or trespasser. An example of a licensee is a party who enters the premises for their own convenience or gratification. Think of a person ducking into your entryway to avoid the rain. The duty of care is far less than for an invitee, and the business is only liable to a licensee for willful and malicious harm.

Trespasser

This group of people enter the premises lacking an implicit or explicit invitation. They come on the business property for their own enjoyment or benefit. The only duty of a business owner is a negative one – the business cannot build any mantraps the willfully and maliciously causes a trespasser harm. Many states have an exception to this limited responsibility; if the business anticipates, suspects or knows of the presence of a trespasser it must exercise ordinary care and avoid inflicting injury on a trespasser through any kind of active negligence.

Common Workplace Visitor’s Injuries

Slip and Fall Accidents

These are the largest cause of visitor injuries. Injuries happen when a visitor trips, slips or falls and suffer injuries. These accidents often stem from things such as uneven floorboards, electrical extension cords crossing aisles or doorways, spills or liquids on the floor, and poorly installed carpet or carpeting that has tears or rips.

Negligent Security

It is normal that businesses have a duty to their invitees to make sure they are safe from foreseeable. A business is liable for the criminal acts of a non-employee when the business fails to keep the premises safe from criminal activity. Usually claims of negligent security stem from places such as:

  • Hotels
  • Motels
  • Parking garages
  • Apartment complexes

Businesses in high-crime areas (a parking garage in such an area needs adequate lighting, video cameras and warning signs that video surveillance is ongoing, and other security measure as needed.

Attractive Nuisance

This is a legal doctrine that applied mostly to children, even if they are trespassers. Hotels with outdoor pools need adequate fencing, a pool cover, locks and lighting, as the pool is attractive for kids to try to use after trespassing.

Defective Property Conditions

Businesses are often liable for dangerous or defective conditions. These include faulty elevators, faulty escalators, crumbling stairways and more.

Speak with your business insurance advisor about these risks and how to protect yourself, your business and employees from legal liability for them.

Do You Really Need Those UGLY Wet Floor Signs?

By Workplace Safety

You see them all the time, those ugly floor signs warning folks about wet floors from floor washing or cleaning up spills. So do you need those wet signs – yes you do! A business has a responsibility to make sure that their environment is safe for both employees and visitors. But, businesses have many other risks that need their attention as well.

There are three types of injuries that account for more than ninety percent of all injuries in a places of business. Most of them are preventable and failure to take common sense steps to protect everyone on your business premises leads to insurance claims and lawsuits. The three most common types of business place injuries relate to:

  • Slip and Fall Accidents
  • Negligent Security
  • Attractive Nuisance

Slip and Fall Accidents

Most businesses report that their majority of business place injuries are slip and fall accidents. This is why it is important that wet floors have caution signs warning people that floors are wet. There is no need that the signs be ugly though.

Often, slip and fall accidents occur outside the business’s facility. Cracks and broken concrete, uneven pavement, parking lot potholes all need prompt repair. Until repairs can happen, cones or other means of warning people help people avoid being injured by the hazard.

Negligent Security

Every business has to take ordinary precautions to protect visitors on their premises from criminal attack. When a visitor on premises is subject to a third-party theft, or physical harm from criminal activity. Types of businesses that are normally involved in claims about negligent security includes:

  • Arenas and Stadiums
  • Motels
  • Parking Lots
  • Hotels
  • Apartment buildings

Businesses in high-crime areas are especially vulnerable to legal liability for negligent security. All businesses must take proper commonsense security measures for people on their premises. These include:

  • Security lights
  • Video cameras
  • Warning signs
  • Security guards for businesses in high-crime areas
  • Other measures as needed, such as emergency call and sirens in parking lots.

Attractive Nuisance

This is a legal doctrine that protects children, even if they trespass, who suffer injuries due to an attractive nuisance.

The roots of the attractive nuisance doctrine dates to the age of railroads. A six year-old boy suffered a crushed foot while climbing on a railroad turntable in 1873. The United States Supreme Court found that the railroad, the Sioux City and Pacific Railroad was liable for the boy’s injury (Henry Stout). The Supreme Court found for Stout ruling that the temptation to children was an implicit invitation to come on the premises. Once the child status’ changed from trespasser to invitee, the railroad had to take actions to prevent the child from getting to the turntable.

    • The top-ten nuisances are:
    • Construction sites
    • Swimming Pools
    • High-voltage power lines
    • Water hazards caused by rain or abandoned quarries
    • Refrigerators and freezers
    • Abandoned cars and unlocked parked cars
    • Working farms
    • Excavation trenches, sewer drains, wells, drainage ditches, quarries, holding tanks and open pits.
    • Trampolines, jungle gyms, Play sets, tree houses, and skateboard ramps
    • Railroads
    • Some of the above reasons have mixed results when brought to court, other appear as settled law.

      However, the best way to avoid legal liability for an attractive nuisance is to take the correct measures to prevent a child to get access to the hazard.
      Schedule an appointment with your business insurance advisor to make sure you have the correct liability insurance, need an umbrella policy, and if he or she can give you a liability check list for you to do a self-audit for your business.

LIGHT IT UP!

By Your Employee Matters

Now that we are hitting winter hours and get even less sunlight…it’s time to light it up! Employees who work in buildings without windows or in cubicles in the middle of a floor are susceptible to light deprivation disorder (LDD). Study after study has shown the benefit of increasing employee’s exposure to sunlight and non-fluorescent lighting. LDD symptoms can include insomnia, napping, depression, and lethargy. Even a corner office is still unlikely to get the 2,500 lux (the level of light the sun emits during daytime hours) that your body needs to be fully functional.

For more information about LDD or Seasonal Affective Disorder (SAD), go to www.nlm.nih.gov/medlineplus/seasonalaffectivedisorder.html andwww.lighttherapyproducts.com/articles.html. To learn how you can improve lighting at a computer workstation, click on www.nih.gov/od/ors/ds/ergonomics/lighting.html.

Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.

TRAINING PROGRAMS THAT WORK

By Your Employee Matters

In today’s knowledge economy, you need well-trained workers to leverage your bottom line. Training can be either technically or emotionally based. Although it’s relatively easy to provide technical instruction through written or computer-based resources, emotional training often requires people to communicate with each other directly, often in conjunction with online training.

To develop and maintain effective training programs, we recommend these guidelines:

1.     Create a training system. Commit to training as a process, rather than an event. Set clear standards for your hard and soft skill-set needs. Create a strategic plan, budget, and schedule.

2.     Provide the right tools. Not all training resources are created equal. You want to examine the user experience of the training platform (Learning Management System) as well as the content available.

3.     Follow up. If one-time training worked, you could ride a bike after reading a single book on bicycling. Provide a continuing process to help employees incorporate what they learn during the training experience.

4.     Offer incentives. Give your employees rewards or payoffs for their participation in training programs. These incentives can be either financial or non-monetary perks (dinners, entertainment tickets, and so forth). Reward and reinforce the learning experience so that the employee wants to repeat it.

5.     Leverage training. Whenever an employee gains a valuable insight during a training session, encourage them to share this information with co-workers who it might affect. Multiply the impact of training by having workers immediately use what they’ve learned to help the company run more effectively.

6.     Know who pays. It can be hard to determine whether a worker or their company should pick up the tab for third-party employee training. Here are some brief pointers on the legal obligations involved:

  • An employer must compensate for mandatory training time unless it’s directly related to professional licensing;
  • Time spent on voluntary training is not compensable if it’s outside normal working hours and not directly related to the employee’s job. For example, training a programmer on using a current application is compensable; paying for an MBA program so the employee can become a future manager is not;
  • Training that directly benefits an employer is always compensable. For example, new-hire training on welding procedures on an object eventually purchased by a client is compensable; voluntary welding training that results in no end product is not.
  • Training expenses can be reimbursed on a pro-rata basis if an employee agrees to do so beforehand and leaves the company a short time afterwards. So, if the employee goes through a year-long training program that costs the company $10,000 and they take another job a month later, it’s appropriate to demand reimbursement for most, if not all, of this expense;
  • An employer that operates a for-fee training program cannot use completion of the program as a condition of hire.

7.     Sell it to all stakeholders. Know that you have a sales job to do so that you have the full support of executives, managers and employees. This means you must show the benefit to each group that exceeds the value of the time and money commitment.

There you have it. The basic, yet powerful, formula for training success!

Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.

WHAT’S YOUR ATTRACTIVENESS FACTOR?

By Your Employee Matters

Demographic studies reinforce our daily experience: it’s getting harder and harder to find good employees — but not for everyone! Whether you’re a local contractor or national airline, there’s an employer of choice in every market; these companies find good people knocking on their door because they enjoy a high Attractiveness Factor. For example, Southwest Airlines is probably getting far more qualified candidates than United, American, and Delta because they have a business model and culture that attracts employees, rather than repels them.

Survey after survey reveals that one third to one half of the employees in any industry are looking for a better employer — a far higher figure than the 5% to 15% unemployment rate in those industries. Why would these people, who already have jobs, leave to come work for you? Your Attractiveness Factor is related directly to the job satisfaction of your existing employees. Great Places to Work Institute Award winners have an 82% satisfaction level. You can bet that the recruiting offices in these companies have a far easier time than their competitors.

To improve your Attractiveness Factor, we’d recommend these steps:

  • Put the right people on every seat of the bus. No excuses. Nothing upsets team members more than management placing the wrong employee on their team — especially without their input. Have the discipline required to hire only the best.
  • Have your employees market on your behalf. Referrals from existing employees are a great source of leads. Also, get employees involved in the hiring process by using such tools as group interviews.
  • Show employees that you care by asking them what they need to be successful and take pride in their work. This applies even when they’re leaving. On average, one dissatisfied customer will tell seven people about their grievance — and it’s no different with a dissatisfied employee. When you terminate someone, do it with grace and understanding. Conduct exit interviews to address any potential resentment that might fester into a lawsuit or negative social media campaign.
  • Brand your company as a great place to work. Southwest Airlines brands the fact that their employees Love the Work They Do Every Day. Zappos states on its hiring page “Sure, we know that Zappos is a phenomenal place to work but it’s pretty cool when others recognize how great our company is too. Learn more about the awards, news features, benefits and incredible perks that set our company apart.” Now that’s branding! What’s your brand? How do you show and tell it?
  • Lighten up. Whether you label it fun, joy, love, or nonsense, find a way to whistle while you work! Many of us are looking for that something extra out of our daily grinds. Tap into that opportunity and you’ll increase your Attractiveness Factor!

Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.

RECRUITMENT BONUSES: STEPS TO SUCCESS

By Your Employee Matters

Recruitment bonuses can be a powerful tool for growing your workforce. To set an effective price point for employee referral bonuses, consider:

  • The cost of using recruiters (up to 25% of the employee’s first-year salary)
  • The rate of turnover in the position
  • The income generated by the position
  • How strong the need is to find the employee
  • How much your competitors’ referral programs are paying

Now that you have a referral amount in mind:

  • Define the skills, experience, and personality desired on a one-page sheet that employees can use to describe the job opportunity. This reduces the variance in describing the opportunity.
  • On a separate sheet, give them a place to fill in follow up contact information for job prospects.
  • Consider paying the bonus in installments (for example, 1/6 every 30 days). Make it clear that the total award will be paid only if the new employee works the full six months.
  • Some companies include vendors, customers, clients, and others in this process using the same approach. The only caveat here is to watch potential conflicts of interest.

One company that hires predominately customer service reps gives every CSR a stack of business cards so that when they interact with someone who offers good service, they can hand them a card. The back of the card says something to the effect of, “You’ve given me good service today. Our company is always looking for people who can provide good service. If you’re interested, contact us at (123) 456-5678 or go to company.com.” It’s important to provide guidelines for avoiding conflicts of interest. The last thing you want your employees to do is hand those cards out at a client’s office!

Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.

Independent Contractors and Certificates of Insurance

By Business Protection Bulletin

More former employee status jobs are becoming independent contractor assignments. Companies have various reasons for this transition, liability is the main reason. Whether liability for the employer’s share of social security or completed operations, employers decrease risks through changing employee status to independent contractor.

Liability, however, flows upstream. If the contractor has insufficient funds or insurance, the liability transfers to the engaging company.

The engaging company must require certificates of insurance (proof of insurance) from the independent contractor. Workers’ compensation, automobile liability and general liability are often required.

Some companies charge a percentage of the contract if insurance is not in place. This policy is flawed.

1. Injuries incurred under workers’ compensation affect your experience modification for three
years. You will pay for your contractors claim for three years.
2. General liability and automobile coverage use experience rating as well.
3. Your capacity to obtain insurance may be limited with the use of under- or un-insured.

What can you do to cure some of these issues?

Ask for a certificate of insurance for umbrella liability. Umbrella broadens underlying coverage, assures primary limits which are adequate, and acts as primary insurance for unusual claims.

Require contractor principles to be insured by workers’ compensation – have them opt in.

Verify all information with a phone call to the agent’s office or insurance company. This technique may sound a bit untrusting, but the financial health and ability to obtain insurance of your company demands thorough verification.

Independent contractors by definition are independent. You cannot control their employees or them. Demand verifiable certificates of insurance or do not allow the contractor to work for you.

Do not accept the transfer of risks from your subcontractors or independents to you. The long-term costs to your company can be devastating.

Company Pets

By Business Protection Bulletin

In the modern, younger, more relaxed era of office life, company pets are becoming more popular. And why not? Hotels have dog concierges and rent a pet.

Homeowners’ policies have used canine exclusions for years, particularly after the dog’s first bite victim claims bodily injuries.

General liability policies follow suit.

What are the concerns with company pets?

1. Too enthusiastic welcoming.
2. Employee and visitor health concerns – allergies for example.
3. Trip hazards.
4. Hygiene.

Company pets, like the homebound varieties, enjoy a good enthusiastic welcoming for friends and new visitors alike. The average medical claim for people injured by these excited demonstrations is $30,000. The animal does not want to harm anyone, but accidents do occur.

Employees and visitors can have allergic reactions to different pets. Animal phobias are relatively common. Animals can carry human pathogens and transmit through various vectors. Agreed, pets are a calming and fun addition to the company family, but employee health trumps that need.

Smaller pets contribute to trips and falls, the most common workers compensation cause of loss. Visitors or customers may be more apt to trip over a small pet since they may not be aware of the risk.

Of course, your pet may go to the bathroom inside or bring in ticks, fleas or other bugs. Hair can become a hygiene issue, or even a curse to your electronic equipment.

Company pets do increase risks to health and injury as well as property. Risk management is the first step. Different pets offer different risk profiles. Large, friendly, shedding dogs obviously carry risks. Highly territorial animals can be dangerous. Avoidance may be the best path – simply do not have a company pet.

Liability insurance for your company pet should be discussed in advance with your agent or company representative to assure proper controls, risk management and coverage.

Environmental Liability and the Start-up Company

By Business Protection Bulletin

Why should every start-up company consider environmental liability coverage?

The harmless products and processes of the past have emerged as dangerous long-term pathogens of the present many times – lead-based paint, asbestos, even cigarettes.

Start-ups begin with a new idea, product or service which cannot, by the nature of business, be thoroughly time-tested. As an entrepreneur, you must decide, with sparse data, to go forward.

Unfortunately, injured parties have the advantage of hindsight and long-term studies.

The period of uncertainty after new launches creates a long-term liability for environmental liability as well as products liability. Think about:

1. What are the byproducts?
2. What is our waste stream?
3. Can our components be recycled?
4. What will be the result of employee exposures?
5. Are there any known potential issues.

Review the history of products liability. Caveat emptor morphed into warning labels which soon became punch lines. “Do not use your lawn mower as a hedge trimmer” or “Do not dive into two feet of water” seem like unnecessary warnings, but the legal cases were lost and money changed hands.

Environmental liability is likely to evolve along this same pathway.

The late seventies brought government interventions like EPA and an environmental Cabinet Post. Since then, public consciousness has risen dramatically and sensitivity towards environmental issues has grown.

Unfortunately for business owners, even the most green-minded, environmental impacts are still not well defined and responsibility not settled.

Unable to reduce or modify the environmental risk, the best solution is transferring the risk by insuring it.

No matter how benign you believe your company’s product, process or service to be, you cannot adequately predict the environmental issues twenty years in the future. Certainly asbestos, a natural mineral, was considered safe by its promoters.

Look into environmental liability insurance for your start-up, or your mature company.