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Do you know if you’re providing a service or product?

By Business Protection Bulletin

Sounds like a simple question, right? It’s not. Yet, it’s fundamental to insuring your business.

Consider a software developer. If they develop an application or program that widely applies and it’s sold to the general public, it’s a product. If it’s developed for a unique user, it’s a service.

The difference from an insurance perspective is whether you need products liability or professional liability.

Professional liability implies a consultation, advice, or design like medicine or law or architecture. But how about hair styling, data management or decorating. Interior decorators earn commissions on furnishings, but isn’t it the design people are buying?

When you review your company operations, think about the amount of design that goes into your finished product, and how specific it is to one client. Every product or completed operation requires some design. The insurance professional can help determine when a professional liability exposure occurs.

Let’s look at a construction management company. They value engineer a project, review plans, manage time-lines, draw and review plan specifications and coordinate sub-contractors. All of these duties are service in nature and are covered by professional liability.

Site supervision is a service. Now the site supervisor picks up a hammer and helps finish framing a concrete form. The super just crossed into completed operations, a general liability coverage.

Professional liability suggests a more personal element – professional reputation. Products and completed operations (general liability) resolves claims by assessing damages to people or property as a result of defective products or finished processes. The insurance company acts on the company behalf to settle the claims.

Professional liability settles disputes similarly except the professional can deny the claim theirself. If they choose this path, whatever the insurance company could have closed the case for becomes the maximum limit. Obviously, this course of action is risky.

Legal and claims costs are separate and in addition to the general liability limit but cost toward the professional liability limit. If you provide a service, keep those legal costs in mind when selecting a limit of liability. Professional liability requires higher limits.

How are your products protected from hazards while being shipped?

By Business Protection Bulletin

Once your goods have left your store, who protects the value of the product while being shipped, stored, loaded and unloaded, and delivered?

Shippers have very limited liability for the packages they deliver. Trucking lines may have limits of one dollar per pound; ships as low as five hundred dollars per container. Your property policy usually lists transportation limits as an extension of coverage of a few thousand dollars.

Obviously, inventory, machinery or products can far exceed these limits in value.

The most inclusive way to cover your property in transit is with a cargo policy which covers loading, transportation, unloading for storage or final destination, storage, loading, transport (on land or sea), unloading and delivery.

Yes, each of these steps can be an exclusion, and often are, in some policy forms.

These policies go back to when shipping by water was the only choice. Ocean Marine coverage begins and ends at the dock with some extensions possible for limited land transport. Inland Marine coverage technically ends or begins at the dock.

Loading and unloading cargo was a dangerous and damaging enterprise, so it was excluded from both forms.

Ships crossing oceans did not have the advantages of weather radar and were at the whims of the winds. When storms were encountered, the ship often lightened its load by throwing cargo overboard. Marine law limited the shippers liability because the act of jettison saved the ship and the other cargo. As a fellow customer, though, your liability to pay your share of the losses was essentially limitless.

The modern cargo policy acknowledges the passage of time and the development of containerized storage and transport. The policy is designed to cover the chain of events that is shipping, including the liability of jettison.

Review your supply chain and customer shipping options. Ask your insurance professional to help design a cargo policy that covers these possibilities.

Fire Extinguishers – when to replace them and how to locate them

By Business Protection Bulletin

Your maintenance schedule should include annual fire extinguisher checks and replacements. Since you check your smoke detectors monthly, you can split the building into four fire zones and service one zone per quarter if budgeting is an issue.

Contract a professional service to check and recharge fire extinguishers. Currently, the market for new units is very low and replacement can be very cost effective.

Obviously, you want to place fire extinguishers near and handy to likely ignition sources, for example cooking tops or welding areas. Here’s a few more tips to make your work space safer:

1. Think in terms of space. A fire extinguisher every 40 feet means that each extinguisher covers about one thousand two hundred square feet of space and you never need to move more than twenty feet to get one. Most codes require no more than either fifty or seventy five feet travel distance.

2. Fire extinguishers have two main uses. Either putting out small fires before they spread (trash can fires), or opening a pathway to an exit. The latter reason implies you don’t want to exhaust the supply of extinguishers.

3. Many spaces place fire extinguishers next to exit doors. Use the door instead and get out. Place the fire extinguisher on a wall within ten feet of the door to allow for use on debris blocking the door.

4. Hang arrow signs above the fire extinguishers to locate them easily. There’s no time to search when you need one.

5. Install the extinguishers at chest height for easy handling and lifting. Do not force people to bend to retrieve a fire extinguisher. Build your system for quick and easy response.

6. If you can’t fight the fire with one fire extinguisher, leave the building.

Remember, emergency equipment must be easy to find and in good working order. When you need it, it’s too late for maintenance. And, do yourself a favor, have too many fire extinguishers rather than too few.

Cost Containment: how experience rating values safety

By Construction Insurance Bulletin

Workers’ compensation cost containment begins with loss control and safety fundamentals. The frequency of accidents – how many per hours worked/payroll/days – is a much better safety indicator than the severity – extent of injury – of the injury.

Theoretically, if the company has many accidents, it’s a function of time before they have a bad, or even catastrophic, one. It may just be bad luck to have one injury, and it’s a bad one.

Personal protective equipment is designed to reduce the severity of injuries while safety training tends to reduce the frequency. Therefore, safety training, job ergonomics, and awareness reduce injuries, and workers’ compensation costs, most.

The experience rating formula reflects these philosophies. The rating system compares expected losses to actual losses and sets a modification as a variance from that norm.

The “exposure unit” for workers’ compensation is payroll in one hundred dollar increments. Historical losses for an industry are compared to historical payrolls to determine a rate of loss per hundred dollars of payroll. A severity discount is applied to the expected losses. This rate is not your premium rate, just the rate of expected losses. The difference in the two rates includes the cost of claims service, loss control, administrative costs, sales commissions and taxes.

Actual losses below a certain severity threshold, and that varies state to state, are added together. In addition, severe claims are individually discounted on a scale from the threshold rate to a state maximum. These claims are added to the undiscounted frequency claims value. The resulting number is compared to the theoretical average expected losses as actual over expected. A three year historical period is used.

The resulting ratio is the experience rating. Poor experience will result in a number greater than one. Good experience, below one. For example, a company has an experience modification of 1.15. That company is paying fifteen percent more for workers’ compensation than his average competitor and forty three percent more than a competitor with a .8 modification.

That’s additional cost of labor. That’s a more satisfied worker who isn’t at risk of injury. That’s a competitive edge that safety provides by reducing the frequency of injuries first.

Site Safety: watch the other contractors too.

By Construction Insurance Bulletin

Not everybody reveres safety as we do. Keep an eye out for those contractors on your site. If you spot them, avoid them like the plague.

When the masonry contractor throws his mud pan off a scaffolding without looking, or an electrician is standing in a puddle, it’s time to clear the area.

But less dramatic concerns include spreading bad habits, distractions, and job shut downs.

Somehow bad habits spread quicker than good ones. If the crew next to you operates outside your comfort zone, speak directly to the on-site supervisor and request corrective actions. Be sure your crew sees this interaction. If this confrontation does not result in safer conditions, move your crew to an alternate work area if at all possible. Demonstrate safety as the number one priority.

Suppose the other crew is not wearing protective eyewear. Maybe your crew is unlikely to get injured as a result, but how about your liability exposure? Your shard lands in their eye, and you’re paying regardless of their lack of diligence. Get the general contractor involved if necessary.

Your well-trained crew may be distracted by another group acting unsafely. Distractions create potential injury scenarios. The site moves ahead more productively when people work without a sideshow.

Severe infractions that can bring OSHA regulators or local officials in to close a site. Without being in the wrong, site closure costs you money. Report poor work conditions to the site supervisor immediately. Of course, document reasons and requests whenever you demand safer operations.

Remember: you are responsible for the safety of your employees and the profit of your company. Unchallenged unsafe conditions leading to site closure does not protect either employees or profit.

Take in the big picture when assessing your own site safety. Your crew works within a system. If one part of that system is unsafe, the site is unsafe. Do what you can to fix those situations.

Control the Perimeter: the entire site and your work area

By Construction Insurance Bulletin

Control traffic through all work areas to prevent distractions, overcrowding or unsafe conditions. Two perimeters should be guarded: the entire work space whether a construction jobsite, a restaurant kitchen, or a manufacturing floor; and the immediate work area where your crew or individual are working.

The safest work space is a very controlled environment. Jobs are dangerous by nature and require training and equipment to be done safely. Unfamiliar or unwanted people do not belong in the work space because they bring uncertainty and bad habits with them.

Labor intensive work sites should be designed with one entrance and many exits. Everyone entering needs to have proper safety gear and training regarding operational safety awareness. Part of that awareness is the sanctity of the individual or team work space.

The best example is excavating. While an excavator is loading trucks, people need to be further than the reach of the boom, in a complete circle around the machine. While a good operator can make an excavator look graceful, they are a hard hitting piece of equipment best avoided.

Manufacturers divide floor space into units. Only knowledgeable mechanics need to be in that space.

Prep space and cooking space is often divided in kitchens so knives are only used in a safe area and cross contamination is minimal.

Overcrowding creates poor work conditions and leads to injuries. Nothing is more frustrating than being bumped around while you’re trying to work. Adequate space leads to efficiency and safety. And reducing distractions keeps focus on task.

Every shift, supervisors should check the security of the gross perimeter and assure it has not been breached. Then, within the space where employees operate, the individual or manager should police traffic into their space. Control both perimeters for effective safety.

Take time to be sure personal protection fits properly

By Construction Insurance Bulletin

Having personal protection equipment is merely a good beginning. In order to work properly, employees must take the time to adjust the fit for the most effective use.

Harnesses must be worn while working at heights. All connection points should be snug but not restrictive. The harness must be tied off with a leash to an anchor, such as a chimney on a roof. The leash should be long enough to not restrict work, but not too long.

Hard hats must be snugged to the top of the head. Adjust the head band accordingly.

Eyewear needs to cover the entire eye including the sides. The fit should prevent slippage.

Footwear, especially steel-toed shoes or non-skid soles, still need to be comfortable for a long day of walking and working.

All equipment should be checked daily before work begins. If the fit isn’t correct, take measures to correct the defect.

Personal protection equipment is vital to an employees safety, and should become part of their everyday uniform. It needs to fit correctly and comfortably for this reason.

Make this routine part of basic orientation training. Then reinforce it with tool box safety topics.

Proper clothing is also important. Loose fitting clothing or neckwear can catch in machinery and cause serious injury. Construction sites require long pants and shirts to prevent cuts and scrapes. Gloves should be worn for many duties on a jobsite.

Many manufacturers and service businesses require uniforms. Uniforms are a good idea for several reasons. First, the company can control materials and fit which reduces injuries. Second, it is easier to control unwelcome traffic on the site. Third, wild clothing does not distract other workers.

Protective clothing and equipment reduces the number of and severity of accidents. It pays to take a few minutes to assure proper fit and function.

What to do When You Need Mental Health Therapy but Can’t Afford It

By Life and Health

At a cost of $100 to $250 per hour, professional therapy isn’t cheap. That’s why you may not seek the mental health counseling you or a loved one need. However, eight tips help you afford this important therapy.

1. Check your insurance policy.

Your health insurance policy might include coverage for therapy and medication. Check your policy to find providers in your network. Even if you have a copay for therapy appointments or medication, the majority of the total cost may be covered by your insurance.

2. Visit a community medical clinic.

Free or low-cost clinics in your community can be an affordable way to get therapy. Find a clinic when you contact the Department of Human Services. Then, call the clinic’s office manager to discuss their services.

3. Ask for discounts.

When you call mental health professionals, ask about available discounts. They may offer discounts for cash payments, low-income clients or group sessions.

4. Meet for phone rather than in-person sessions.

Typically, therapists charge less for phone sessions with clients. This option helps you save on transportation costs, too.

5. Listen to podcasts.

Take advantage of the variety of resources found online. Listen to podcasts, view videos and watch TED talks as you gather information from world-renowned psychologists, psychiatrists and counselors.

6. Join a support group.

In a support group, gain knowledge, support and help from others. Your best options are led by a professional moderator.

7. Attend a training clinic.

When graduate students train at clinics under licensed psychologists, you benefit. Attend the clinic as a patient and pay based on your income.

8. Ask for medication samples.

Cheaper than prescriptions, medication samples help you make ends meet while taking essential medication.

No matter what your income level, do not neglect the mental health treatment you need. Eight tips help you afford this important treatment for you or your loved one.

When do You Need a Living Will?

By Life and Health

Living wills, also known as healthcare directives, inform loved ones and medical professionals about your wishes for life. Ensure your wishes are met when you draft a living will.

When do you Need a Living Will?

Unfortunately, you may reach a season in life when you are unable to tell loved ones and doctors whether or not you want life support, blood transfusions and other procedures. A living will clarifies your wishes when you’re incapacitated and unable to discuss or sign a legal contract.

In addition to making your medical wishes known, a living will saves your loved ones from making difficult decisions on your behalf. Let’s say they disagree amongst themselves or with the doctors about your treatment. Your living will leaves no doubt about your treatment wishes.

Don’t wait and create a living will after an accident or injury. As soon as you reach legal adulthood, prepare this legal document. Likewise, ensure you have a healthcare directive in place:

*Before major surgery
*Before dementia or Alzheimer’s strikes
*Before you become comatose
*When you want a friend or unmarried partner, rather than a close relative, to make end of life decisions for you

How do you Create a Living Will?

With your estate planning attorney, decide the details of your living will. It can include the name of a single person or a panel of trusted loved ones or medical professionals who will decide if you’re incapacitated. It also includes the types of medical care you want when you’re incapacitated.

No one wants to think about becoming incapacitated, but you ensure your wishes are met when you create a living will before you need it. Discuss the details with your attorney. While you’re planning this document, update your life insurance and health insurance policies to make sure you have adequate coverage for your future.

How to Choose a Guardian for Your Young Children

By Life and Health

As parents, you provide everything your children need. Don’t neglect their care if you are incapacitated or die before they turn 18. Carefully select a guardian and ensure your children are cared for by someone you know and trust.

1. Consider Everyone

Start the selection process with a list of candidates. Close and extended family members are obvious choices, but consider friends, coworkers, neighbors, child care providers and teachers as well.

2. Consider Philosophies and Values

Because guardians raise your children in your place, they should share your child-rearing and educational philosophies and values. Ideally, they should also share your moral values, religious beliefs and social values.

3. Don’t Prioritize Income or Assets

A potential guardian’s financial holdings shouldn’t be the main focus of your selection. As long as you have adequate life insurance and the guardians are wise money managers, your children will be cared for adequately.

4. Age Matters

While thousands of grandparents successfully raise grandchildren, is the older person on your guardian short-list physically able to care for your children until they turn 18? If so, consider whether or not they want to parent young children.

5. Look at Family Dynamics

If you select guardians who already have children, consider the family dynamic. Are the children compatible ages? Do the children all get along? Would extra kids enrich the family or cause turmoil?

6. Choose Good Not Perfect Guardians

Remember, no one is perfect. You can, however, make a good choice as you select a guardian for your precious children.

7. Place Your Wishes in Writing

You’ll want to add your guardianship wishes to your legal will. Additionally, write down why you selected the guardian you did. This document defends your selection in court in case someone contests custody of your children.

You owe it to your kids to choose guardians for them. Thoughtfully make the decision and then confidently select a guardian for your children.