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BREAK THE CYCLE OF WORKPLACE ACCIDENTS WITH EFFECTIVE ACCIDENT INVESTIGATIONS

By Construction Insurance Bulletin

You’ve heard the old adage about people not learning from history being doomed to repeat it? This is certainly applicable to the safety programs of businesses. If accidents are to be avoided, the business must learn how and why they happen in the first place. It’s only through this knowledge that businesses can prevent such accidents from recurring.

An accident investigation should be devised in a manner that will gather information thoroughly and objectively, not assign blame or point fingers carelessly. Accidents are rarely the result of one solitary causative agent. In fact, they generally involve a multitude of direct and indirect factors that result in human failure, mechanical failure, and/or poor work environment. Once a thorough investigation is completed, the business should effectively be able to develop new training and safety protocols to prevent the same incident from happening again. Here are 10 tips to assist you in conducting an investigation into an accident:

  1. Always make sure any injured individuals receive appropriate first aid treatment and medical care.
  2. Don’t disturb the area where the accident took place.
  3. Secure the accident area.
  4. Ensure the site is safe before beginning an investigation, but begin the investigation as soon as it is safe to do so to make sure that evidence hasn’t been disturbed and the incident is fresh on the minds of witnesses.
  5. The safety program should define employee protocol for dealing with an accident site.
  6. The safety program should also have an investigation guideline and checklist to ensure proper protocol adherence.
  7. Materials needed to conduct an investigation should be readily available – camera, video recorder, personal protective equipment, notepads, pens and markers, accident and incident forms, checklists, measuring tape, evidence containers, and so forth. These should be used to document the site of the accident thoroughly, gather and record information, and preserve evidence.
  8. All witnesses should be documented immediately and interviewed as soon after the accident as possible.
  9. Anyone who used the equipment involved or that was near the accident scene just before or after the accident should also be documented immediately and interviewed as soon as possible.
  10. Objective questions should be asked in a manner that will give a comprehensive snapshot of the accident, events leading up to the accident, and the conditions of the environment surrounding the accident. This should include supervisory instruction, equipment condition, work protocol, weather conditions, and such.

From the above, the business should be able to analyze the collected information and evidence and determine how and why the accident occurred. From there, the business will be able to create or adjust safety and training protocols to prevent future accidents.

UNDERSTANDING A BUILDER’S RISK COINSURANCE CLAUSE, COMMON MISTAKES, AND PENALTIES

By Construction Insurance Bulletin

Coinsurance clauses are commonly found in a Builder’s Risk Completed Value policy. As one might deduce merely from the name, a coinsurance clause involves the policyholder becoming a co-insurer of the risk of loss with the insurer. In other words, certain conditions would result in the insurance company not paying the total amount of loss, thereby leaving the policyholder to bear the remainder of the loss amount. The insured and the insurer jointly assume the risk.

Those unfamiliar with such a clause are probably wondering why any policyholder would even consider a coinsurance clause. The benefit of buying an insurance policy with such a clause is that the policyholder will usually have relatively low premiums compared with similar policies that don’t contain a coinsurance clause. That said, anyone considering a coinsurance clause should understand what it entails and requires, so that they aren’t taken by surprise with penalties should a loss occur.

A typical coinsurance clause found in a Builder’s Risk Completed Value policy will say that the insurer will not pay more for any loss than the proportion that the limit of insurance bears to the value of the structure described in the declarations as of the structure’s date of completion.

The way a coinsurance clause works with the policy limit is often a source of confusion for policyholders. Take a loss of $20,000 with a policy limit of $100,000 for instance. It would superficially appear as though the insurer would be responsible for the total loss. However, once the coinsurance clause is figured into the equation, the insurer might not be responsible for paying the total loss amount. This will depend on the policyholder maintaining enough insurance to avoid the coinsurance penalty.

If the coinsurance is applied, it might look something like this: Still using the $100,000 policy and $20,000 worth of damage from above, the completed value of the project will be determined as $120,000 at the time of loss. The value of the $100,000 policy is only 80% of the $120,000 actual value of the project. So, the insurer is only responsible to pay $16,000, which is 80% of the $20,000 worth of damage.

Anytime the policyholder receives a lesser sum than what the full value of the claim is because of a shortfall between the completed value of the project and the policy limit, it’s termed a coinsurance penalty. The discrepancy between the two numbers can be the result of a number of mistakes made by the policyholder. Policyholders often make the mistake of failing to report when expected costs are surpassed. Any increased completed value must be shown in the policy limit when costs overrun original figures. The best way to make sure the policy limit is updated is by keeping your insurance agent apprised to the overruns so that the appropriate changes can be made.

All too often a policyholder makes the mistake of setting their limit of insurance based on the amount of the construction loan for the structure. Most of the time, the completed value of the project is greater than the amount of the construction loan. An example would be a significant portion of a building project being funded by cash, but not computing the cash amount when totaling the completed value. If the insurance is only for the financed amount, then the policyholder will suffer a coinsurance penalty for any losses.

Another common mistake occurs when the policyholder doesn’t include profit and overhead in the completed value. These are generally figured at 10% for each. If not accounted for, this can cause a substantial coinsurance penalty.

Sometimes, it’s what shouldn’t be included that could lead to problems. Land value, excavations, and underground work, for example, shouldn’t be included in the completed value. These aren’t covered losses on typical policy forms. So, the policyholder would just be paying additional costs for items that wouldn’t be covered during loss.

DEPARTMENTAL RESPONSIBILITY TO REDUCE WORKERS COMPENSATION CLAIMS

By Construction Insurance Bulletin

When it comes to Workers Compensation claims, companies are looking constantly for ways to reduce claims and reduce costs.

Ascribing the cost of Workers Compensation claims to applicable internal departments can encourage supervisors and managers to pay more attention to training and safety programs and more carefully monitor injured employees returning to work. Some companies have even deducted the claim cost from the budget of the ascribed department instead of a general company fund as an additional incentive to curb Workers Compensation costs. Through implementing a few procedures that place Workers Compensation expenses directly on internal departments, employers have more control over prevention and injury management measures that can decrease the severity and frequency of workplace injury. The reduced claims and Workers Compensation premiums add up to a substantial amount of savings.

Safety goals can be met by communicating directly with all potential Workers Compensation employees. Use a claim and injury history to identify high-risk employee groups. Then, on a departmental level, discuss the injury management process with employees. Communication will improve as employees are given a chance to discuss how they feel the job could be performed with less risk of injury. It also gives the employer an opportunity to modify safety procedures or dangers in the work environment, such as faulty equipment or inadequate work protocols that are identified by employees.

A common problem related to workplace injuries is a lack of prompt reporting. Too often supervisors don’t appropriately acknowledge workplace accidents. The hope is that the incident will not result in time off of work or medical expenses. However, putting an initial injury off and not reporting it immediately often actually results in increased costs. Managers and supervisors need to know that they aren’t saving money when they don’t report injuries immediately. One study of more than 50,000 temporary total disability and permanent partial disability claims showed:

  • Injuries reported one to two weeks following the incident were 18% more expensive than those reported within a week of the incident.
  • Injuries reported three to four weeks after the incident were 30% more expensive than those reported within a week of the incident.
  • Injuries reported after four weeks of the incident were 45% more expensive than those reported within a week of the incident.

Showing supervisors and managers statistics such as these will help to ensure timely injury reporting, especially if Workers Compensation costs will be coming out of the departmental budget. Although the goal is prevention of workplace injury, once an employee has been injured, the objective should turn to a timely and safe return to work. This can best be achieved if both employer and employee share a desire to obtain the most effective care, which will help to expedite recovery and a safe return to the job.

Since each department is faced with the claim cost coming out of their own budget, managers and supervisors can take a more active role in assisting injured employees returning to work. For example, instead of the usual claim adjuster or attorney contacting the injured employee, the company concern can be conveyed through the department head(s).

One last element is fraudulent claims. Although deliberate fraudulent claims are a rarity, they do exist. These fraudulent claims will be much more difficult to file when Workers Compensation costs are analyzed departmentally.

Accidents are going to happen. There simply isn’t a way to prevent all accidents and eliminate all claims. But, it is realistic to reduce the frequency and severity of workplace injuries by making the department responsible directly, whether by penalty or by reward, for a safe work environment.

DON’T GET BEHIND THE WHEEL IF YOU ARE RUNNING ON EMPTY

By Workplace Safety

Going for a drive or riding in a car can be a relaxing experience, but drivers need to remain alert when behind the wheel. Although anyone could fall asleep while driving, certain target populations are more prone to having accidents because of falling asleep. For instance, men are twice as likely as women to have an accident due to drowsiness. Teenagers, who love burning the candle at both ends, are another group with the potential to doze off while driving. In fact, teenagers and their 20-something counterparts are less likely to admit to being too fatigued to drive and will often get in the driver’s seat, even if they shouldn’t.

Naturally, there are work-related reasons that contribute to falling asleep while driving. Shift workers who work nights or rotating shifts often have trouble sleeping because their inner clock may be off kilter. Commercial drivers have an increased exposure to accidents as a result of driving during the late night and early morning hours when their biological clock tells them that they should be sleeping.

What can you do to help prevent yourself or a loved one from becoming a statistic? The best solution is a nap that lasts for about 20 minutes before you drive. Although many Americans do not allocate time for an afternoon rest, napping is a normal part of the human sleep-wake cycle. There is a biological tendency to fall asleep in mid-afternoon. In certain parts of the world, mid-afternoon activities are brought to a halt so that people can take advantage of their natural tendency to sleep. This kind of nap that is taken before the afternoon work period begins is looked upon as a restorative activity, not idling away time that could be better spent doing other tasks.

Napping is even more important if your sleep is disturbed the night before, or you actually slept for fewer hours than your body requires. Napping the next day can help relieve your sleepiness and enhance your ability to remain alert.

The other factors to remember are that most sleep related accidents happen in non-urban areas, generally on roads with 55 mph-65 mph speed limits. When combining the restful quiet of a suburban setting with the steady pace of that speed limit, you have the makings of a situation in which a driver could easily be lulled into sleep. Also, the early morning hours are a particularly vulnerable time for drivers on extended runs. The best remedy for these conditions is periodic rest stops in designated rest areas. Interrupting your driving for a 20-30 minute nap can make all the difference in restoring your alertness and your responsiveness. Avoid becoming a grim highway statistic. Take the time you need, and protect yourself and others on the road.

WHEN WORKING WITH SOLVENTS, TAKE NECESSARY PRECAUTIONS

By Workplace Safety

In our modern world, just about everyone comes in contact with solvents on a daily basis. At work, you might be exposed to solvents when you come in contact with glues, paints, thinners, degreasers, or cleaners. As a result of this widespread contact, it is important to understand the hazards that are associated with these chemicals. For practical purposes, a solvent is simply any chemical capable of dissolving specific solids or liquids. Petroleum based solvents are the most common type used in industry.

Exposure and overexposure to a solvent can occur in various situations. Preventing such exposures is key to protecting yourself from the damaging effects that certain chemicals can have on your body. Examples include:

  • Absorption by direct contact on the skin. Wearing the right type of gloves and other protective gear is one way of preventing skin contact with the solvents you are using.
  • Inhalation by breathing vapors. Breathing in the vapors can quickly result in the chemical entering your body and bloodstream via your lungs. Utilizing the proper respirator can protect your lungs from toxic vapors.
  • Ingestion of the solvent due to not washing your hands after usage. Direct contact with your hands and mouth through eating or smoking may result in unexpected ingestion of solvents. Making sure you follow proper hygiene rules when handling solvents will help prevent ingestion.
  • Puncture of the skin by a tool or other object that is covered with solvent. Punctures can result in the introduction of toxic chemicals directly into your bloodstream. Making sure you wear proper safety equipment will aid in preventing injuries of this type.

Overexposure to solvents can cause a variety of ailments. Depending on the type of solvent you are exposed to, the body can react in different ways. Skin contact can result in minor skin rashes or an allergic reaction resulting in “chloracne.” This happens when the solvent dissolves the skin’s natural oils. Some workers can develop a sensitization to a particular product or chemical which causes their entire body to be overly sensitive to that substance. In this instance, even a slight exposure can result in adverse or serious reactions. Serious overexposures can lead to illnesses resulting in tissue or organ damage.

As with any chemical or product, important information is contained in the product’s Material Safety Data Sheet (MSDS). The MSDS provides information on safe use, handling, disposal and protection methods among other information.

Solvents serve a useful purpose in our everyday lives. If we take the time to learn more about them, we can be better prepared to use them correctly, protect ourselves, and still get our job done effectively. If you are unsure of the potential hazards of a solvent or other chemical that you are using, be sure to ask questions and/or review the MSDS. It is far better to be overly cautious, than to risk an adverse reaction.

CONFINED SPACES: THINK SAFETY FIRST

By Workplace Safety

Workplace safety should always be at the forefront and a top priority for the worker and employer. One potential danger in the workplace is a confined space. The Occupational Safety and Health Agency (OSHA) has defined a confined space as any space with an open top and a depth possible of restricting the natural way air moves, or an enclosed space with a limited opening for entry. Confined spaces include utility vaults, tanks, sewers, silos, access shafts, vats, hoppers, rail tank cars, truck tanks, culverts, ship holds, wells, tunnels, walk-in freezers cold storage, etc.

Dangers of a Confined Space. A confined space can have all the risks that are generally associated with any type of workspace, but also have other factors that might pose an even greater threat to the worker. For example, some confined spaces can contain certain mechanical equipment that use moving parts during operation. Other factors that might increase the risk in a confined space include: The design of the space, its construction, location, atmosphere, substances in the space, and type of work being performed in the space. Furthermore, a worker in a confined space could also face a number of preventable safety issues related to noise level, biological hazards, and life-threatening cold or heat temperature extremes. Unexpected safety issues are also a concern for the confined space worker: A shifting or collapse of heavy material; unstable atmosphere, which could cause an explosion or fire; an unexpected release of radiation or residual chemicals, liquids unexpectedly filling the space, etc.

The potential dangerous hazards can also include how much oxygen is available in the space or if there is the presence of a poisonous substance in the air, either of which can result in the worker losing consciousness.

Entering a Confined Space. There must be an evaluation of the confined area by a trained supervisor and/or trained worker every time a worker enters a confined space to carry out work. The first step is to check the quality of the air in the confined space, which includes: Checking for safe limits of oxygen, presence of toxic gasses, and anything that could cause the atmosphere to be flammable. The ventilation system should also be checked for proper function.

Depending on the situation, other steps might be taken before the worker enters the confined space. This safety precaution might include steps such as: Locking out any energy source that is potentially hazardous or removing free flowing solids or liquids. Applicable personal protective equipment (respirators, safety glasses, gloves, and/or ear plugs) should be available for use. A worker should never enter a confined space if they are not confident that they could evacuate the space quickly in an emergency circumstance. The worker should also be able to immediately contact a trained employee outside the space in the event of a problem.

No matter what the job, confined space type, or reason for entering the confined space, always put safety first by securing the workspace.

HOW SMALL BUSINESSES CAN USE LIFE INSURANCE AS A BUSINESS ASSET

By Employment Resources

Small business owners who have previously borrowed money can attest that actually being capable of repaying the loan is the core of credit worthiness. They can also attest that the approval process significantly hinges on how risky the applicant appears. That said, credit worthiness isn’t as simple as the term implies. There are actually many complex variables involved.

First of all, just because a new business has a seemingly valuable potential doesn’t mean things always pan out. In fact, new businesses are often notorious for failing to live up to expectations. A business might launch with an innovative concept, but will usually find that the road from concept to profit is long and hard. It’s also during the initial stages of a business where the owner is trying to figure out and reach their target market, a process that takes time and money when profits are at a bare minimum. This is a common reason that many business owners find themselves unable to make their loan payments.

When determining the credit worthiness of a business owner, lenders also look beyond just how balance sheets add up. For example, the lender might look at intangible aspects such as community leadership and ties, reputation, and character. This might include the lender investigating whether or not the business owner has a history of reliability and timeliness when paying off past financial obligations and how past relationships with the lending institution turned out. All of these factors will help determine whether or not the business owner is granted the loan.

One way to prove credit worthiness outside of the above, is by owning a Life insurance policy, as this can show that the business owner has a financial commitment to his/her business and values that commitment. In the eyes of the lender, the Life insurance policy means that the business owner has left a viable way for their beneficiary to follow-through with any financial obligations.

When a Life insurance policy is bought through the business, it makes it a business asset, and like any other business asset, the Life insurance policy will become part of the balance sheet that lenders will look at. If a portion of the Life insurance benefit is assigned to the lending institution, then the insurance can also be used as loan collateral. As far as loans go, the cash value of a Life insurance policy is another useful tool. The cash value can be a guarantee against defaulting, as it can be borrowed against for payments.

In fact, the cash value of Life insurance policy can actually serve several purposes for the business. Borrowing against it is quick and doesn’t require the business owner to get approved for a loan. Borrowing against a Life insurance policy is tax friendly and the cash value usually accumulates in a tax-deferred status, meaning that there aren’t any earning taxes while the policy is active. In most cases, a withdrawal (not surpassing the amount of paid premiums) isn’t subject to taxation. In the event more money is needed than has accrued in cash value, the business owner can usually borrow against the policy without triggering a taxable event.

REDUCING HEALTH CARE COSTS THROUGH SMART HEALTHCARE DECISIONS

By Employment Resources

Due to the fervency and multitude of public comments concerning the grandfathered-status rule in the Patient Protection and Affordable Care Act (PPACA), regulators had little choice but to make an amendment allowing group health plan employers to change to health insurers providing a similar and lower cost coverage, while also not losing their grandfathered-status.

On November 15, officials from the Department of Health and Human Services, Department of Labor, and The Treasury Department issued an amendment to the grandfathered health plans interim final rules. Specifically, the new amendment enables an employer to offer the same heath coverage through a different health plan carrier, but still be able to retain their grandfathered status. However, the new coverage must be under a new insurer that doesn’t involve a significant cost increase. And, the new coverage cannot significantly decrease the benefit levels or otherwise violate any provision contained in the grandfathered-status regulations.

Unfortunately, the amendment will only apply in cases of insured group health plans. This means that those changing their health insurance carrier and changing their policy outside of the employer will lose their grandfathered-status. Before the amendment, a plan could lose the grandfathered-status in the event a plan design was implemented that increased member cost or reduced member benefits. An employer group health plan was also tagged as non-grandfathered compliant when an employer changed their insurance company. According to PPACA, plans that are self-funded are limited to only changing third-party administrators; else they lose their grandfathered status. In relation to previous projections made regarding the grandfathering rules as under the PPACA, estimates by federal regulators now suggest that the amendment will create a small increase in how many plans are able to maintain the grandfathered status.

Regulators at The Department of Labor say that the amendment was created in response to public commentary and concern about the PPACA, mainly the following:

  • Prior to the amendment, plans that are self-insured were able to change the company employed to deal with the paperwork and risk loss of the grandfathered-status if the cost and benefit did not change. However, employers that only changed their insurance company, keeping benefits the same under the new health plan, were not able to and keep the grandfathered status. Now, since the amendment, every employer will be able to maintain their grandfathered plan, while still changing the third party administrator or insurance company.
  • There is an unwarranted and unjust leverage by the insurance company when negotiating coverage renewal prices if employers must stay with a specific insurance company or risk losing the benefit and flexibility of having a grandfathered plan.

Circumstances will always exist where a group health plan could need the leeway in making administrative changes that wouldn’t have an impact on the cost or benefits of the plan; for example, when an insurance company stops offering/providing coverage in a market, or when a company has a change in ownership. Now, under the amendment, the employer in both of the above examples can continue their grandfathered status.

ARE YOUR COMMUNICATIONS WITH EMPLOYEES TARGETED AND EFFECTIVE?

By Employment Resources

Modern communication methods have brought an overload of information. In this age, immense volumes of mail not only accumulate at the front door, it also accumulates in email in-boxes. The sheer volume alone leads us to delete spontaneously anything that isn’t a bill, personal or business matter, or of other significant importance.

This creates an especially challenging situation for employers attempting to communicate benefit issues with their employees. It also means that employers need to develop benefit communication presentations that employees don’t dismiss instantly and discard if they want to communicate benefit matters effectively. One way to do this is by considering your specific employees when developing communications. By identifying various employee groups, you can then work to target or customize the communications toward them.

It’s important to first understand that topic interest is going to strongly vary from generation to generation, as each will have different current needs and goals for the future. The current work force consists mainly of three generations: Those born after 1980, Generation Y; those born from 1965 to 1980, Generation X; and those born before 1965, the Baby Boomer Generation.

Generation Y are those that are relatively young and still in the beginning stages of their career. This group isn’t very likely to be contemplating their retirement or the importance of retirement savings. As most of us not in this generation can remember, the fallacies of youth might include a feeling of infallibility and an assumption that bad things only happen to others. So, this group might not pay much attention to health benefit information. This generation is accustomed to fast-paced media imagery and usually don’t have very long attention spans. Therefore, this group is more likely to be receptive if the communication is concise and visually catching and received through electronic portals, such as email.

On the other hand, those in Generation X are at a much different point in their lives. Children, a mortgage, contributing to a child’s college education, caring for an elderly parent, and contributions to a future retirement are all common financial responsibilities of this age group, and these responsibilities often compete with one another. This group is usually established enough to know the importance of a retirement plan, but still might not be sufficiently contributing, if at all, due to balancing other financial obligations. Knowing what affects this group can be the perfect gateway to communication. For example, a retirement plan communication that has a budgeting tool as a highlight could serve to gain viewer attention. An EAP (Employee Assistance Program) with a resource and referral service to get elderly care and childcare services might also be something this group would find useful. So, EAP availability could be a highlight of a communication and gateway to discussing other benefits.

Baby Boomers are at the end of their careers and quickly nearing retirement. Many are scrambling to account for bad financial decisions or lapses in savings and preserve whatever they’ve managed to accumulate thus far. Age also brings an increasing concern about health care issues. Any communication that targets these issues is usually very well received by this generation. Many in this generation aren’t very computer savvy and respond better to non-electronic communications.

The bottom line on targeted communications is quite simple: Whatever is interesting and applicable to us now is what we are most likely to read and pay attention to now. It only makes sense that effective communication is best achieved by knowing what’s important and when it’s important, and then developing and presenting communications accordingly.

HOW COLD IS TOO COLD?

By Risk Management Bulletin

With winter in full swing, many employers will be thinking about how to keep employees healthy in the cold. According to OSHA, cold stress can occur when the body is unable to warm itself. A cold environment forces the body to work harder to maintain its temperature, as cold air, water, and snow all draw heat from the body core – which can lead to tissue damage and possibly death. OSHA also points out that while below-freezing conditions and inadequate protection can bring about cold stress, problems can also occur with much higher temperatures, even in the 50s, when combined with rain and wind.

Four factors contribute to cold stress: (1) Cold air temperatures; (2) high winds; (3) dampness of the air; and (4) contact with cold water or cold surfaces. The most common cold-induced problems are hypothermia, frostbite, and trench foot:

  • Hypothermia occurs when the body loses heat faster than it can replace it. When core body temperature drops from the normal 98.6 oF to around 95oF, symptoms generally begin, including uncontrollable shivering, weakness, confusion, drowsiness, and pale, cold skin.
  • Frostbite occurs when the skin freezes and loses water. Severe cases might require amputation of the frostbitten area. Frostbite usually affects the extremities. The affected body part will be cold, tingling, stinging, or aching, followed by numbness. The skin turns red, then purple, then white, and is cold to the touch. In severe cases, there might be blisters.
  • Trench foot, or immersion foot, results from immersing the feet in cold water at temperatures above freezing for long periods. It’s similar to frostbite, but considered less severe. Symptoms include tingling, itching, or a burning sensation.

Here are seven cold weather safety recommendations for employees exposed to the elements on the job during the winter. Most apply equally to employees who engage in recreational or other outdoor activities on their own time.

  1. Wear at least three layers of clothing—an outer layer, such as GORE-TEX®, to break the wind; a middle layer of down or wool to absorb sweat and provide insulation; and an inner layer of cotton or synthetic weave to allow ventilation.
  2. Wear a hat. A significant percentage of heat escapes the body from the head.
  3. Have a change of dry clothing available in case work clothes become wet.
  4. Wear loose rather than tight clothing for better ventilation.
  5. Follow safe work practices when exposed to cold: Drink plenty of water to avoid dehydration, work during the warmer parts of the day when possible, take breaks out of the cold, work in pairs, and consume warm, high-calorie food.
  6. Use engineering controls such as radiant heaters, shielding work areas from drafts or wind, and insulating material on equipment handles.
  7. Be able to identify symptoms of cold-related problems.