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Aug 01
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BE PROACTIVE TO PREVENT CYBERCRIME AT YOUR BUSINESS

By Business Protection Bulletin

Legendary bank robber Willie Sutton supposedly said that he robbed banks because that was where the money was. Many small business owners follow this logic when it comes to computer system security. They believe that people who rob with a mouse and a keyboard rather than a gun target large corporations, because those businesses have the most money. This leads them to the misguided belief that cybercriminals will not bother them. In fact, the NACHA – The Electronic Payments Association – reports that Eastern European criminal syndicates have targeted small businesses precisely because they have allowed themselves to become easy marks.

Experts in the field estimate that one in five small businesses do not use antivirus software, 60% do not encrypt data on their wireless networks, and two-thirds lack a data security plan. This failure to take precautions makes a small business easy pickings for computer hackers. However, there are several things business owners can do to protect themselves.

  1. Use two-factor authentication. This is a mechanism that requires the user to do more than one thing for authentication. It ordinarily has two components — one thing the user knows (such as a password), the other a randomly generated number that the user must input. The number comes from an electronic token card, which generates a new number every few seconds. If the user enters a number that the system is expecting, the system will authenticate the user.
  2. Inoculate systems against the Clampi Trojan virus. This virus resides on a computer, waiting for the user to long onto financial websites. It captures log-in and password information, relays it to servers run by the criminals, instructs the computer to send money to accounts that they control, or steals credit card information and uses it to make unauthorized purchases. The trojan monitors more than 4,500 finance-related websites.
  3. Be on guard against “phishing” e-mails and pop-up messages. These messages purport to be from legitimate businesses with which the recipient does business. They ask the user to update or verify information, often threatening negative consequences if she fails to do so. Clicking on the links in the messages brings the user to an authentic looking Web site. However, it is actually bogus; the site collects personal information that the collector can use to steal the user’s identity. System users should ignore these messages.
  4. Arrange for financial institutions to alert the business owner should they spot unusual activity involving the firm’s accounts.
  5. Install firewalls and encryption technology to block uninvited visitors from uploading to or retrieving data from the firm’s servers and to protect data sent on public networks. Intrusion detection systems can inform the business owner of attempts to hack into the network.
  6. Be cautious about opening attachments to e-mails, especially if the sender is someone unfamiliar to the user. Attachments may contain viruses or Trojan horses that can steal login information and passwords or corrupt a system.
  7. Protect against intrusion by disgruntled former or current employees. Deactivate passwords for former employees, erect barriers to keep employees from accessing systems unrelated to their jobs, and implement sound accounting procedures for financial transactions.

In addition to these safeguards, small businesses may want to consider purchasing computer fraud and employee theft insurance. These policies will protect the business against those losses that still occur; insurance companies are likely to offer favorable pricing to businesses that take precautions against cybercrime. One of our professional insurance agents can give advice on the appropriate types and amounts of coverage. Modern technology gives businesses unprecedented abilities, but it also presents significant risks. Every business owner must take steps to keep the cybercriminals out.

Aug 01
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BEWARE OF YOUR INSURANCE RISK WHEN LAYING OFF EMPLOYEES

By Business Protection Bulletin

One of the most difficult aspects of running a business is the hiring and firing of employees. In particular, firing or terminating an employee can be a complex issue regardless of the circumstances involved. Proper handling is necessary in order to prevent the employee from harboring hard feelings against the company. Furthermore, in this situation the employee may develop a plan to find employment elsewhere. It is imperative for the business to handle the termination delicately to prevent the worst from happening, namely a lawsuit filed against the company by the ex-employee.

Even for businesses that use “at-will” employment, this risk is not fully alleviated. “At-will” employees are just as dangerous as contracted employees.

When either the employee or the company can terminate employment at any time and for any reason, unless that reason is illegal, the phrase “termination-at-will” is used to describe this situation. This clause is important protection against the potential lawsuit of the employee. That does not mean that employers can let their guard down, however. In the jurisdictions where termination-at-will applies, employers need to tread very carefully to avoid putting the employee’s at-will status in danger. An example application of this principle would be if the employer gave the employee verbal assurances that their job was secured. If the employee is later fired, this could be grounds for a lawsuit, since the verbal assurances directly contradicted their at-will status.

If performance issues are at the forefront, the employer cannot simply fire the employee. First, they must schedule a comprehensive evaluation meeting with the employee and go over exactly where the employee is failing to meet their standards and what can be done about it. The two key components of this meeting must be a set of goals that the employee considers attainable and a reasonable timeframe in which to achieve those goals. Crucial to the success of this meeting is the understanding that the employee will be terminated if they cannot meet these goals within the timeframe.

It cannot be emphasized enough that this is the key protection the company has against a lawsuit. To finalize this protection, an action plan that documents the goals and the timeframe must be created and signed by both the employee and the employer. Until the goals are met or until it becomes clear that the employee cannot or will not meet them, the employer must monitor the employee’s progress. Satisfying these constraints provides firm legal ground for the termination of an employee, since that termination can be shown to be fair and the last resort.

Aside from job performances, the other two issues affecting termination lawsuits are termination based on misconduct and termination based on layoffs. If misconduct is at the forefront, the employer needs to marshal evidence that they did, in fact, conduct a thorough and unbiased investigation of the employee’s conduct. This investigation must be of a fact-finding nature that determines whether the employee violated any behavioral conduct standards. The employer must avoid trying to find out if the employee violated the law; only possible violations of company policy are the purpose.

When an employee is laid off, the layoff procedure must comply with the stipulations of the Worker Adjustment and Retraining Notification Act or WARN Act or the Older Workers Benefit Protection Act or OWBPA. Companies with 100 or more employees are subject to the constraints of the WARN Act. There is a time limit associated with the WARN Act: they do not cover employees who have worked less than six months at the company, or employees that work fewer than twenty hours per week.

If the worker is laid off due to age-related concerns, the employer must seek an agreement from the employee that the employee will not sue for age discrimination. Under the OWBPA, there are stringent constraints for age discrimination claim waivers. Previous court cases have handed down rulings that these stipulations are unqualified and meant to be applied exactly as written.

Contact our office today for information about the Business insurance products that can help to protect your company against employment-related risks.

This article should not be relied upon as legal advice. Please consult with an attorney familiar with the issues and laws of your state before taking any action.

Aug 01
Love0

UNDERSTANDING WORKERS COMP WAIVERS OF SUBROGATION

By Construction Insurance Bulletin

It is very common for the insurance requirements in a construction contract to include a provision requiring the subcontractor to waive all rights against the owner and general contractor for recovery of damages to the extent these damages are covered by the sub’s workers’ compensation and general liability or commercial umbrella liability insurance. Owners and general contractors insist on this provision because they want to protect themselves from being held liable for injuries to a subcontractor’s employee. Typically, the contractor giving the waiver asks its insurance company to attach a “waiver of subrogation endorsement” to its workers’ compensation policy.

The endorsement states that the insurance will company will not enforce its right to recover payments it makes to an injured worker from the person or organization listed on the endorsement. It applies only to the extent that the employer insured by the policy performs work under a written contract requiring the employer to obtain the insurance company’s waiver. It does not directly or indirectly benefit anyone not listed on the endorsement. With this endorsement on the policy, the company cannot attempt to recover payments it made to an injured worker from the company listed on the endorsement, even if that company was responsible for the injury. Consequently, the loss impacts the employer’s experience modification, probably increasing future premiums. In addition, the endorsement carries an additional premium for the employer, normally some percentage of the premium attributable to the job.

The endorsement and the waiver agreement in the contract do not bind the injured employee. He still has the ability to sue the owner and general contractor for his injuries. However, it is also common for construction contracts to require the subcontractor to defend and indemnify the owner and general contractor from any such suits. Therefore, it is probable that the employer will have to pay an additional premium for the endorsement, pay higher future workers’ compensation premiums for the loss, and pay higher future liability insurance premiums because its policy will cover the other parties’ liability.

For example, assume the sub’s employee suffers serious injuries when tools and materials fall off a scaffold and strike him. He collects workers’ compensation benefits for his medical costs and lost wages. The sub’s workers’ compensation policy includes the waiver of subrogation endorsement, so the insurance company cannot recover any of its payments. The worker sues the owner and general contractor for his pain and suffering. However, the contract requires the sub to cover the owner’s and general’s liability, so the sub’s liability insurance pays for the pain and suffering lawsuit. The sub’s insurance pays twice for the same injury to the same worker.

Owners and general contractors require waivers of subrogation for several reasons. Insurance consultants, brokers, and risk managers usually encourage them to require waivers. Waivers protect their liability insurance and reserve it for other claims. Because a waiver reduces potential liability losses, they become more attractive to liability insurance companies and probably pay lower premiums. Also, subcontractors often do not resist these requirements because they feel they lack negotiating leverage and their insurance companies are usually willing to provide the endorsement.

A few states have curbed the use of waivers of subrogation in their workers’ compensation systems. At least four states have passed laws making the requirements unenforceable, and other states allow the employer to recover from the injured employee some of the proceeds of pain and suffering lawsuits.

In the majority of states that allow waivers, contractors should work with professional insurance agents experienced in providing construction insurance. They can suggest insurance companies that will offer the needed coverages at a reasonable cost and assist with contractual issues such as waivers of subrogation. Above all, contractors must read and understand their contracts so that their agreements do not become an ugly surprise after a loss.

Aug 01
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PREVENT WORKPLACE INJURIES BY IMPLEMENTING A SUBSTANCE ABUSE PROGRAM

By Construction Insurance Bulletin

According to statistics from the United States Department of Labor, 40% of industrial fatalities and 47% of individual injuries received on the job are due to intoxication from alcohol. This combined with the fact that businesses suffer related losses of five hundred million workdays and over eight billion dollars each year underscores the fact that alcoholic and drug-dependent employees are very dangerous for businesses. These unfortunate laborers drain the economy of much-needed growth and productivity.

Today, the troublesome situations created by employees suffering from addictions do not just apply to the usage of heavy machinery. Employees also have access to sensitive information about the company. This information when improperly handled leads to gaping liabilities that can exact a high toll on businesses.

The prevailing wisdom about alcoholic or drug-dependent employees is that they can be found in businesses of every size and more importantly every kind. Research actually reveals a different picture: employees with alcohol- or drug-related problems tend to seek out smaller businesses with no formal written policy prohibiting drug or alcohol consumption. This research would seem to explain a seeming disparity. The total population of illicit drug users is estimated to be just under fifteen million. Of those, 77% are employed. However, of heavy drinkers who are employed, just 17% work for companies that have employee rosters of five hundred or more.

Therefore, the best way to protect the workplace from alcoholic and drug-addicted employees is to instill a strict company policy against substance abuse combined with a drug- and alcohol-free program. Obviously each company must implement this program and policy in their own way due to their idiosyncratic circumstances, but there are five components that any program must have in order to succeed: drug and alcohol testing, employee education, employee assistance, the policy itself, and supervisor and manager training.

As each company takes the first steps towards setting up this program, the key element needs to be the formal written policy. In addition, the written policy should be displayed in as many areas as possible to remind employees of their responsibilities. Businesses must make it clear to their employees that the reasoning behind their adoption of this policy and program is for their employees’ benefit, in addition to preventing profit loss or liability resulting from employee injury. The written policy must include a description of prohibited behaviors and the consequences for engaging in those behaviors, set down in clear, understandable English.

Supervisor and manager training is necessary due to the influence and direct interaction supervisors have with their workforce. It is important to make a distinction between roles: supervisors are not meant to diagnose substance abuse problems, but their training should emphasize how to recognize poor employee performance and the possible symptoms of substance abuse, as well as where to refer employees for help. As for employee education, employees must be made aware of the personal and professional consequences of addiction as well as the specifics of the company’s policy and program efforts.

When starting a drug testing program, due to the multiple legalities involved, the Department of Labor recommends getting legal counseling before implementing a drug testing program. Finally, through the Working Partners for an Alcohol- and Drug-Free Workforce, the DOL has set up many resources in order to help American businesses achieve the goals of helping employees end their substance abuse. These resources may be found at www.dol.gov/workingpartners.

Aug 01
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FIND THE BEST INSURANCE COMPANY BY REVIEWING COMPANY RATINGS

By Construction Insurance Bulletin

It’s no longer enough to choose an insurance company simply because they offer what appears to be the best coverage or lowest rates. You also have to know the financial security of the company especially in these challenging economic times when even the largest companies might be teetering on the edge of insolvency.

Additionally, you want to know something about the company’s track record when it comes to paying claims and overall customer satisfaction. Not all insurance companies are the same and you should take a hard look at your prospective insurer before handing over a big premium check.

How can you find this information? Well, it’s easier than you think because there are several major companies that rate insurance companies. Each offers a detailed rating service and most of these services are free. The rating system for each of these rating companies is based on a letter grade system such as “AAA”, through “NR.” However, you should note that there are both subtle and significant differences in the letter grade system. A “C” rating might mean an average score for one rating company but might also suggest the insurance company is experiencing significant financial challenges with a different insurance rating company. Make sure you fully understand the rating system for each of the companies before jumping to an erroneous conclusion.

Some rating companies only rate the top 200 insurers, while others offer more comprehensive data. Here is a brief summary of the major companies which rate insurance companies.

A.M. Best – www.ambest.com
This rating agency is the only one which specializes in banking and insurance companies, reinsurers and covers the total insurance market spectrum including international markets such as the U.K and Canada. Also offers a comprehensive article base and in depth commentary.

Fitch Inc. – www.fitchratings.com
Provides a global rating service on insurance products through combining both local and international expertise on contemporary insurance issues and trends. Also offers a monthly newsletter dealing with specific insurance issues called “Insurance Insights.”

Moody’s Investor Services – www.moodys.com
You have to register to log in with this company before you can access their info. Covers title insurers, life, mortgage and property and casualty. Mainly focused on the financial health and outlook of insurance companies and overall realm of the financial market.

Standard & Poor’s – www.standardpoors.com
Must be a subscriber. Offers international rating services on property and casualty, life, annuities, health, title, mortgage, bond and reinsurance. Rating services include link market solutions and both the derivative product and financial subsidiaries.

Aug 01
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KNOW THE DANGERS OF CONFINED SPACES ON THE JOB SITE

By Workplace Safety

If you revisit some of the lessons learned in basic high school science classes, you will probably remember that 78% of the air we breathe is nitrogen gas. If you think a little more, you may also recall that nitrogen is only safe to breathe when mixed with the right amount of oxygen. That simple lesson, learned so many years ago, may save your life if you frequently work in confined spaces.

Before entering any confined work space, there are several critical points you must consider. First, is the work area defined as a confined space according to OSHA? OSHA’s definition states that a confined space is any area where an employee must squeeze in or out through narrow openings and perform their tasks while cramped or contorted. Entry and exit are difficult, and employees are not to remain in the space for lengthy periods of time.

If your work space fits this description, you must also determine if it has a dangerous atmosphere or shows the potential for you to become trapped or even asphyxiated. If so, this space will be designated as a “permit space,” and will require a permit for entry. The employer who allows an employee entry must develop a written safety program for their permit-required spaces.

Your gas monitor plays a crucial part in securing your safety when you are working in a confined space. You need to be certain that you know how to properly operate the instrument and that you fully understand the procedures for confined space monitoring. Taking these steps will lessen the risks associated with this type of work significantly. Do not allow yourself to be lulled into a false sense of security because you are working in a familiar setting. If you take unnecessary risks, you may, unfortunately, only be working in the space for a short time.

Another element of safely working in a confined area is to have an attendant who will maintain contact with you while you are working. Be certain that this person is not involved with any other tasks or distractions and that they remain outside of the confined space at all times. If you will be confined in the space for an extended period of time, this person should record additional atmospheric readings to monitor the safety of the confined space. The attendant should also know exactly what the potential hazards are, and have a plan in place in case of an emergency.

If an emergency situation does arise, the attendant needs to immediately implement the rescue plan that was developed by the employer. No matter what type of rescue situation occurs, the attendant must try to maintain contact with you during the entire rescue process. They should also attempt to gather information about the incident that may be helpful to the rescuers. Their position as “point man” between you and the rescue team can make all the difference in the success of the rescue effort.

Aug 01
Love0

AVOID DISTRACTIONS AND MULTI-TASKING BEHIND THE WHEEL

By Workplace Safety

Over the course of decades, the purpose for which we use automobiles has changed considerably. When the first cars were rolling off of the assembly lines in the 1920s, they had one purpose and one purpose only: transportation, or simply getting from point ‘A’ to point ‘B’. Today cars are becoming an all-in-one living system. Car owners eat lunch in them, watch television using special screens, play video games and of course talk on the phone, often while driving. As time goes on, car manufacturers are equipping vehicles with an endless series of gadgets, enabling us to enjoy ever more conveniences.

Sitting in the middle of this technological bonanza, it is easy to forget that simply because something is easy, does not mean it is right, or even safer. While drivers take the so-called “skill” of multitasking to the next level, they do fail to remember that their tricked-out vehicle could be deadly. To be sure, as with most tasks that become almost second nature, driving becomes an almost unconscious task. That being said, it does not mean that it is okay to do other things while driving. Unfortunately, nothing could be further from the truth.

As the statistics of car accidents shows, in addition to other research, even merely thinking about something other than the road distracts us from the road. As a matter of fact, when a driver removes their eyes from the road, they typically think the distance traveled is short, when in fact, it can be quite long. This effect is only increased when driving at higher speeds, such as on the interstate or freeway. Usually, this is enough distance to possibly hit someone or something that suddenly appears in front of the driver. When drivers look away from the road, they are assuming that there is nothing in front of them, thus gambling not only with their life, but the lives of others, as well.

According to the Network of Employers for Traffic Safety between four and eight thousand car crashes happen daily as the result of becoming distracted while driving. A survey conducted by the National Highway Traffic Safety Association revealed that 60% of all cell phone use occurs during driving. These are chilling statistics, and underscore the need to change driving habits in order to prevent the worst from happening.

Here are two steps to take to improve driving habits and head off potentially lethal events:

  1. Do not use a cell phone when driving, period.
  2. Make sure that the driver is familiar with the controls on the dashboard so they can easily adjust the settings without difficulty.
Aug 01
Love0

KEEP WORKERS SAFE BY CHOOSING THE PROPER RESPIRATOR

By Workplace Safety

Choosing the right respirator relevant to the nature of the employment is critical to a worker’s safety. Exposure to different hazards means that not just any respirator will suffice. Two main classes of respirators are available:

Air-Purifying Respirators (APR) – These respirators are designed to filter air borne contaminants such as fumes or noxious dust. Other forms of APR models use a canister or cartridge containing a material that absorbs the contaminants.

APRs are tight fitting to the face and have different designs. These designs include particulate respirators, powered air-purifying respirator (PAPR), gas masks and chemical cartridge respirators. They come in four different designs, including:

  • Full face piece – Fully covers the face from underneath the chin to an area above the eyes. This feature provides added protection to the eyes, especially from chemical irritants.
  • Half-face mask – Gives protection from beneath the chin to and including the nostrils.
  • Quarter-mask – Protects the mouth and nose.
  • Mouth bit respirator – Normally used for escaping a hazardous situation only. Contains a bit which is inserted into the mouth and nose clip to seal the nostrils closed.

Supplied-air respirator (SAR) – These respirators provide breathable air via an air line or a compressed work tank. SARs come in two different types. The first has a loose fitting respiratory inlet, such as a helmet or a hood which envelopes both the neck and head, that is supplied purified air through airlines. This type may have face pieces which fit loosely. The other form of SAR has either a half or full face piece and has very snug respiratory inlets.

Choosing the Most Suitable Respirator

Selecting the most suitable respirator must be performed by an expert, such as a safety professional. The expert will consider the appropriate apparatus only after they have identified and evaluated the potential respiratory hazard and considered the relative limitations of the respiratory apparatus for the situation.

Key Questions to Ask

Here are some factors an employer should consider when determining whether a respirator may be required:

  • Establish the existence of a hazard by considering warnings about the material, like its chemical components or the nature of the particulates that might be released through the work performed.
  • Determine whether there is limited oxygen present. * Is the hazard airborne such as a particulate, fume, or vapor?
  • Ask whether the respirator will be used for an emergency or in combating fires.
  • Evaluate whether the work is strenuous and will be performed in hazardous atmospheric circumstances.
  • Is there any agent present which might be possibly fatal, carcinogenic, skin absorbable or acts as an irritant?
  • Will the work be conducted in a confined space or will the worker be exposed to abnormal temperatures?

The key is that respirators should be used to suit the work. The proper choice of respirator is vital to the health and safety of workers in many types of employment.

Aug 01
Love0

AMERICANS NEED EDUCATION TO UNDERSTAND EVIDENCE-BASED MEDICINE

By Employment Resources

Evidence-based medicine (EBM) is an approach to medical care which claims that the best way to decide on medical treatments and/or practices is to continually defer to the best scientific evidence available. EBM is primarily meant to be used as a decision-making model when analyzing the best form of care for the patient. This approach supposedly integrates firsthand clinical experience with outside scientific evidence from clinical trials in order to craft the best available pool of information.

The merits or dangers of evidence-based medicine notwithstanding, a recent study published on the website of the journal Health Affairs suggests that additional education on the consumer front is necessary before more Americans will accept the practice. The study was conducted between August of 2006 and December of 2007 and collected data based on popular consumer-oriented methods such as focus groups, online surveys and interviews. The team conducting the research project also interviewed a number of professionals, specifically forty employer intermediaries like human resources staff.

Since the recent healthcare reform law includes encouragement of evidence-based medicine, the release of this study is particularly timely. The majority of the participants in the focus groups stated a belief that EBM would impinge upon the patient’s freedom to choose treatment and result in medical practices becoming artificially rigid and unresponsive to patient needs. These participants wanted the freedom to make choices about their healthcare using both their physician’s judgment and their own about quality of care.

One notable participant even went on record as saying that evidence-based medicine was a method of protecting doctors from medical malpractice liability. Obviously, such a negative denial indicates that consumer education must become a significant priority for advocates of EMB. According to Dr. Kristin L. Carman, who is the co-director of health policy and research at the American Institutes of Research, the study demonstrated the need for consumer education to fill the gaps between EMB and consumer knowledge. The study also gave cause for optimism, however. A minority of participants understood and accepted the basic tenets of EBM and expressed a willingness to increase their level of participation with their own care.

The participants in the survey also revealed an interesting aspect: just 47% of those surveyed agreed that people should pay less out-of-pocket for the most effective medical treatments. A significant minority, 33%, also believed that the better a medical treatment is, the more it should cost. Importantly, an astounding 55% of respondents stated that they did not actively participate in their own medical care. For example, these 55% said that they never took notes during medical appointments, and 28% said that they did not come prepared with a list of questions to ask their doctor.

Aug 01
Love0

CONFUSED BY HEALTHCARE REFORM? THE IRS ISSUES CAFETERIA PLAN GUIDANCE

By Employment Resources

Cafeteria plans are being altered at most companies thanks to the new rules issued by the Internal Revenue Service. If employees enroll their eligible dependents on their health insurance plans, the new cafeteria plan rules allow those employees to make immediate tax-free contributions.

According to the IRS Commissioner Doug Shulman, this change was made necessary by the new federal healthcare legislation, which was passed on March 30th, 2010. The commissioner stated that the changes give companies and businesses the chance to offer a benefit that was worth their employees’ while. He further stated that the IRS was prepared to make it as easy as possible for the new changes to be implemented and to include older children of employees in those employees’ tax-favored benefit plans.

Cafeteria plans are tax-favored insurance plans that allow employees to choose from a “cafeteria” of tax-free benefits, cash or taxable benefits.

Notice 2010-38 was issued by the IRS in order to fully explain and interpret the changes. In addition, the notice was designed to provide direction to employers, employees, insurers and other miscellaneous taxpayers.

The expanded tax benefit applies to group insurance plans for active employees and retirees, as well as self-employed workers. Self-employed workers can take advantage of this benefit if they qualify for the self-employed health insurance tax deduction.

Employees’ children who will not reach the age of 27 by the end of the current year qualify for the tax benefit starting from March 30th of this year. It makes no difference whether the children are already covered under the employer’s plan or added at a later date.

For the purposes of this new benefit, the child category includes a son, daughter, stepchild, adopted child or a qualifying foster child. This standard for the age of the child officially replaces the relevant age limits under prior federal tax law; additionally, the old requirement that a child qualifies as a dependent for tax filings is also superseded by this law.

Finally, the notice also states that cafeteria plans provided by employers can now allow employees to start making tax-free contributions for their children’s health insurance coverage even if the cafeteria plan has yet to be amended. Sponsors of plans have until the end of 2010 to amend their plans.

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