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SAFEGUARD YOURSELF FROM HOME WORKER LAWSUITS

By Personal Perspective

As the housekeeper is vacuuming your living room, she trips over one of your daughter’s toys and seriously injures her back. While your neighbor’s teenage son is mowing your front lawn, he steps in a large hole and sprains his ankle. Will your Homeowners insurance cover you if one of these workers decides to file a lawsuit? Many homeowners do not realize that they could be held financially liable if a maid, landscaper, nanny, or another house worker were to suffer from an injury on their property. Here are some things you should keep in mind before you hire a home worker.

Is that worker an employee or a contractor? When you hire someone to help out around the house, you should figure out whether he or she is an employee or a contractor. This is one of the factors that determines whether or not you are liable for a worker’s injury. So, how do you know if the worker is considered your employee or a contractor? It all comes down to how much control you have over the worker.

Let’s say you hire a nanny named Lisa to take care of your children and do some light cleaning in your home. Lisa follows your instructions about how to care for your kids and how to complete certain household tasks. You provide Lisa with the supplies and tools she needs to do her job. Because you have control over how Lisa works, she is most likely considered your employee.

On the other hand, let’s say you hire a professional landscaper named Bob to fertilize and mow your grass, trim the hedges, and plant flowers in your yard. Bob uses his own lawn mower and yard tools and he does yard work for other homeowners, as well. Bob also has a team of workers who help him with his business, and he pays these workers. In this case, Bob probably would be considered an independent contractor.

Of course, these are two fairly simple examples. If you are uncertain about whether a worker in your home is considered a contractor or an employee, consult a lawyer or tax professional.

Understanding Workers Comp insurance. Some states require homeowners who have house worker employees� to carry Workers Compensation insurance coverage for them. However, even if your state does not require this, you should still consider purchasing this insurance for your employees. Why? Because if one of your employees is injured on your property, you might have to pay for their medical bills and other expenses out of your own pocket. However, with Workers Compensation coverage, the insurance company will cover the costs.

Alternatively, if you hire a house contractor, such as a landscaper, carpenter or plumber, they should be covered by their own Workers Compensation insurance. If a contractor is injured while doing work on your property, he or she will be covered under that policy. If the contractor doesn’t have enough coverage, you might be held financially liable. However, depending on the circumstances, you might be able to file a lawsuit against the contractor, as they are required by law to have sufficient Workers Compensation coverage.

If you are looking to hire a house contractor, it’s important to ensure they are covered for worker injuries, property damage, and uninstalled materials. Don’t just take their word for it. Ask for written proof that they have a contractor’s license, Workers Compensation insurance for themselves and any subcontractors, and General Liability coverage.

Know what your Homeowners insurance covers. When it comes to coverage for home workers, every Homeowners insurance policy is different. Depending on your home state, your policy might include a provision that provides limited coverage for minor workers performing lawn mowing or other tasks that require the use of power tools on your property. On the other hand, your policy might specifically exclude domestic workers such as nannies or maids. Your policy might cover the injuries of household employees, but only after a lawsuit is filed against you. Because Homeowners policies vary widely, it’s important to read through your contract and talk to one of our insurance agents before you hire a home worker.

Consider an Umbrella policy. If you discover that your Homeowners policy offers limited or no liability coverage for workers, you might consider purchasing additional Liability insurance. Although you might have some personal liability coverage through your Homeowners policy, it’s probably not nearly enough to cover a major lawsuit from a home worker. If someone were to file a lawsuit against you, you could end up losing hundreds of thousands of dollars or more-even if you win.

You can further protect yourself with what’s known as an Umbrella policy. This type of policy offers a higher level of liability coverage and ensures that you and your family will be protected if someone sues you for damages. Umbrella policies are typically sold in million dollar increments, and you can obtain a policy once your Home and Auto insurance policies meet a minimum attachment point� — typically a liability limit of $250,000 or $500,000.

Check with the Better Business Bureau. Before you hire a home worker, you should contact the Better Business Bureau for more information. They can tell you if any consumers have filed complaints against the worker. Visit the bureau’s Web site at www.bbb.org.

SIMPLE STEPS PREVENT PIPES FROM FREEZING

By Personal Perspective

Imagine waking up on a frigid winter morning, throwing on your bathrobe and stumbling down the stairs to make a pot of coffee — only to find your kitchen is filled with water. Each winter, about a quarter of a million families find themselves in scenarios like this, all because of water pipes that freeze and burst.

Not only can a pipe eruption ruin your day, but it can also cause thousands of dollars of damage to your home. Your furniture, carpet, photos, and floors could be water-logged and even ruined from a single bursting pipe. As a matter of fact, just a three millimeter crack in a pipe can dump up to 250 gallons of water in your house in a single day. Whether your home is outfitted with copper or plastic PVC pipes, no one is immune to pipe bursts — both of these pipes can rupture. Fortunately, you can take a few precautions to protect your pipes and avoid the hassle of a messy, expensive pipe burst. If you want to steer clear of the rising flood waters, follow these simple steps.

Bundle up those pipes: Before winter arrives, take time to insulate all the exposed pipes in your crawl spaces, garage, and attic. Because these pipes are open to the elements, they are more vulnerable to freezing. Don’t be shy with the insulation, the more you use, the less likely your pipes will freeze and burst. Use heat tape or thermostatically-controlled heat cables to wrap your high-risk pipes. Make sure the product is approved by an independent testing organization, such as Underwriters Laboratories, Inc. Use exterior tape for outside pipes and interior tape for indoor pipes, and follow all the installation instructions carefully.

Seal the cracks: Look for air leaks near your pipes. If arctic air seeps through even a tiny crack, your pipes can quickly freeze and burst. To keep the cold out and the heat in, seal up every leak with caulk or insulation.

Put the garden hose away: Before the temperature plummets below freezing, disconnect your garden hose and shut off the indoor valve.

Bump up the thermostat: Never set your thermostat below 65 degrees in the winter. The temperature inside the walls and attic, where your pipes are located, is much colder than the inside of your house. If you let the indoor temperature drop below 65 degrees, your exterior wall pipes are at high risk of freezing and bursting.

Let the water trickle: Turn on one faucet in your home and let warm water drip throughout the night. Even a tiny trickle of water can help prevent your pipes from freezing. If possible, use a faucet on an outside wall.

Protect your home when you’re gone: If you’re going out of town, ask a friend or neighbor to check your house each day. Tell them to look for any signs of a burst pipe and make sure it’s warm enough to prevent pipes from freezing. If you don’t have anyone who can check your home, consider shutting off and draining your water system before you leave. Keep in mind that if you have a fire protection sprinkler system in your house, it will be disabled when you shut off the water.

Know the signs of a pipe freeze: If you turn on your faucet and no water comes out, this could be a sign that your pipe is frozen. Leave the faucet on and call a plumber. You might be able to thaw the frozen pipe yourself with a hair dryer. Start warming the pipe as close to the faucet as possible, working toward the coldest part of the pipe. Never try to thaw pipe with a torch or open flame.

Deal with the pipe burst: If your pipes freeze and burst, turn off your water at the main shut-off valve and leave the water faucets on. Call a plumber right away. You should also call us as soon as possible. Although your insurance adjuster doesn’t need to see the spill before you clean it up, you should at least inform us of your situation. Move electronics, furniture, carpet, and other items away from the water. Start mopping up the water and try to make temporary repairs to protect your home from further damage. Be sure to save all of your receipts for any money you spend related to the pipe burst. The insurance company might be able to reimburse you for temporary repairs. Try to avoid making expensive permanent repairs until the insurance adjuster has a chance to assess the damage.

Obviously, no one wants to deal with the costly and messy aggravation of a pipe burst. To avoid this nightmare, take the proper measures to protect your pipes and your home. However, it’s also important to ensure your family is prepared to act swiftly and smartly if a pipe does rupture.

RUNNING A HOME-BASED BUSINESS? YOU NEED A SMALL BUSINESS POLICY

By Business Protection Bulletin

Like most new home-based business owners, you might believe that your Homeowners or Renters insurance coverage offers sufficient protection. That is unfortunate, because in most instances these policies offer little to no coverage for business-related losses.

Homeowners policies are not designed to cover business losses. Most offer a small amount of business property coverage, meant to cover incidental items, such as a computer used for office work.

Depending on your business, you might be able to purchase a Homeowners endorsement to cover your business property. Your insurer is naturally going to want to know more about your business. Questions such as what type of business, how long you have been in business, and how many employees are common.

If your business is small with a low risk profile, and with limited client visits to your home, your Homeowners insurer might offer limited liability protection. This protection would cover slips and falls when a client visits your office, which otherwise would not be covered.

If this option is not available, you might want to consider a Small Business policy. Your Homeowners insurer might offer a home-based business package for a reasonable premium, or another insurer can offer a package policy to cover the liability and property of your business.
Take a look at the following list. If one or more of the items below apply, you might want to consider a Business policy for your business:

  • Business Property, Stock or Equipment greater than $10,000 in value. A Business policy will allow you to insure your office contents, equipment, and stock. A Homeowners policy will likely have little, if any, coverage for business-related items.
  • Clients visit your office/use your product/depend on your service. Liability insurance can help cover your exposure to lawsuits resulting from slip and falls, product liability claims, personal injury claims, etc. Perhaps even more importantly, it will provide defense costs for such actions. Homeowners policies do not have coverage for business liability. In a few instances, you might be able to purchase an endorsement to allow coverage for slip and falls due to customer visits, depending on your type of business.
  • Damage to your office/workspace would require you to relocate/find a temporary substitute. Extra Expense coverage in a Business policy will provide funds for a temporary office/workspace or cost of a mobile trailer near your damaged office site.
  • An Error or Omission could result in a lawsuit that would need to be defended/could seriously damage your business. Errors and Omissions coverage will protect you from judgments and defense costs resulting from past mistakes.
  • Damage to your workplace could cause you to lose business, perhaps even lose some customers permanently. Business Interruption coverage will help pay for expenses until your property is repaired or sales return to normal (depending on the policy form).
  • Your employees use their vehicles to make deliveries or run errands for your business. Non-Owned Automobile Liability will protect your business in the event that your employee has a serious accident during the course of running an errand for your business.

Contact our office today for more information about your home-based business insurance needs!

WHAT ELECTRICAL SAFETY QUESTIONS WILL AN OSHA INSPECTOR ASK?

By Construction Insurance Bulletin

In its efforts to maintain electrical safety in the workplace, OSHA develops its standards in accordance with those published by the National Fire Protection Association (NFPA). To ensure that employers are following both sets of guidelines, OSHA trains its inspectors to ask specific questions when investigating an electrical safety incident. Some of those questions include:

  • Do you have a written description or drawing of the circuit or equipment at the job site? If an employer doesn’t, the assumption is that the employer has performed an electrical hazards assessment of the facility.
  • Is there a detailed account of all of the tasks involved in the planned work? This is the only way the employee will know what safety procedures to follow.
  • Were the workers qualified to perform the task? By definition, qualified workers are those specially trained to work on live electrical equipment. They must know how to protect themselves against all electrical hazards, including shock, arc flash, burns, explosions, and they must be trained in the electrical safe work practices that have been established by their employer.
  • Is there any justification for not de-energizing the equipment or not waiting to do the work at the time of the next scheduled outage? OSHA standard 1910.333(a)(1) requires that live parts must be de-energized before an employee works on or near them. The only exception to this requirement is if the employer can prove that de-energizing will create additional or increased hazards, or it isn’t practical because of the design of the equipment, or operational limitations.

If a worker must perform a task on equipment that hasn’t been de-energized, 1910.333(a)(2) says that safe work practices must be employed to protect the worker from coming in to contact with energized circuit parts directly with any part of their body or indirectly through some other conductive object. These safe practices must be described in detail and pre-established by the employer. There must also be a job briefing before workers perform the task so that they are aware of the hazards they will encounter and what procedures to use. In addition, NFPA 70E Article 110.8(B)(1) requires that an Electrical Hazard Analysis be performed on live equipment operating at 50 volts and higher before any work is begun.

The electrical hazard assessment includes both a shock hazard analysis and an arc flash hazard analysis. Employers must calculate the potential fault current at each piece of equipment, determine how the over-current protective devices are coordinated for each circuit, and use this information to create or update single-line electrical drawings.

OSHA inspectors will examine whether employees wore the appropriate personal protective equipment (PPE) and used proper insulated tools. They will also ask if insulated blankets or sheeting were used to cover all of the live parts.

KNOW THE FOUR MAIN COMPONENTS OF PREMISES SAFETY

By Construction Insurance Bulletin

The physical layout and inherent potential risks found at any commercial business property are unique. To ensure that your business premise is free from safety hazards, it is best to contact trained occupational safety professionals. However, management can perform a thorough check by carefully reviewing all potential hazards to protect employees and visitors alike. Creating a thorough risk assessment consists of several steps:

  • Determining who could be injured
  • How they might be injured
  • Establishing whether current safeguards are adequate or whether more should be done
  • Fully understanding and complying with all appropriate federal and state safety laws and regulations

Premises safety essentially breaks down into four main components:

  1. Safety – Includes overall maintenance of the physical premises, both inside and outside and entails machinery, equipment, electrical systems, elevators, entrances and exits, use of adequate and approved personal protection equipment, fire exits and equipment, windows, warning signs, quality of surfaces, and access.
  2. Health Issues – Includes issues of adequate lighting, noise, proper ventilation and maintenance of filtering systems, overall cleanliness, temperature, exposure to dust, chemical, fumes, or other particulates.
  3. General Welfare – Includes accessibility to quality drinking water, eye wash stations, ergonomics, repetitive movement, and overall cleanliness of the workplace.
  4. Occupation Types – As each job description and responsibilities might vary, a thorough understanding of what each job description entails is necessary to appreciate all potential risks faced by individual employees.

Assessing Risk Potential

All potential hazards should be graded according to the potential severity of an accident or injury ranging from:

  • Negligible (Unlikely to cause accident or injury)
  • Marginal or remote (Might cause minor or minimal injury)
  • Critical or reasonably probable (Might result in serious injury or accident)
  • Disastrous or very probable (Likely poses imminent accident or injury)

Premises Safety Checklist Essentials

Performing a walk through and talking to a cross section of employees should be done monthly. Your general inspection should include but not be restricted to:

  • Working Environment – Adequate ventilation and personal protective devices for particulates such as fumes, dust, sprays, or excessive noise.
  • Electrical – Check all outlets, bulbs, cables, connectors and breakers, and emergency lighting.
  • Building – Check for frayed carpets, blocked exits, oily or wet floors, etc.
  • Building Exterior – Examine security fences, bin containers, condition of concrete and pavement, walkways and hand rails, warning signs, and storage areas.
  • Hazardous Materials – Examine how flammable materials are stored and how caustic, acidic, and cleansing materials are handled, properly labeled and used per regulatory requirements.
  • Storage Facilities – Ensure overhead materials are stored and balanced properly and examine condition of all shelving.
  • Fire Safety – All fire exits should be marked clearly, with illuminated safety exits. Examine fire extinguishing equipment and ensure that fire procedures are well posted.
  • Production Equipment – Confirm all pulleys, chains, gear covers, engines, motors, compressors, protective guards, belts, screens and pulleys, warning systems, emergency switches, mirrors, and warning sirens are in good working condition.
  • Handling of Materials – Examine all conveyor belts, hoists, ropes and chains, and lifts. Ensure that weighted materials are being handled according to specs. All personnel should be using appropriate personal protective devices.
  • Sanitation – Ensure that sanitary conditions are maintained in washrooms, water fountains, lunch facilities, and changing areas.
  • Personal Protection Devices – Check that PPDs are in good condition, clean, and are suitable for the various jobs required.

No doubt there are many other aspects of your business that need to be included in your checklist. Good communication with your personnel, management, and regular inspections can help to correct hazards and reduce your risk.

UNDERSTAND THE INSURANCE LIMITS ON YOUR COMMERCIAL GENERAL LIABILITY POLICY

By Construction Insurance Bulletin

A Commercial General Liability policy (CGL) lists six different limits on the policy’s declarations page. Although the limits might be listed separately, it’s important to understand that they are all interrelated. That means that payment of damages for one limit will affect another limit. To illustrate how these limits interact, it is necessary to examine each one in detail:

The General Aggregate Limit – The maximum amount the insurer will pay during the policy period for all damages including bodily injury, property damage, personal and advertising injury except for any amount paid as damages because of bodily injury or property damage included within the products-completed operations hazard. The definition of the products-completed operations hazard is outlined in the policy and a separate aggregate limit applies to this type of claim. Also included within the general aggregate are damages paid for medical payments.

Products-Completed Operations Aggregate Limit – The maximum amount the insurer will pay for damages because of bodily injury or property damage included within the products-completed operations hazard. The specified hazards are those described within the definition of the products-completed operations hazard and are limited to bodily injury or property damage that:

  • Occurs away from the insured’s premises.
  • Are caused by the insured’s products that are no longer in the insured’s possession or an insured’s work that has been completed.

Personal and Advertising Injury Limit – The maximum amount the insurer will pay if legally obligated to pay damages due to personal and advertising injury offenses. The personal and advertising injury limit applies separately to each person or organization that sustains damages because of a covered offense. However, regardless of the number of persons or organizations claiming damages, or the number of offenses claimed during the policy period, the insurer is only obligated to pay up to the general aggregate limit.

Each Occurrence Limit – The maximum the insurer will pay for the sum of all damages due to bodily injury, property damage, and medical payments. Keep in mind that there is an aggregate limit for bodily injury and property damage claims that arise from the products-completed operations hazard and a separate limit for all other bodily injury and property damages. However, the each occurrence limit does apply to all sums paid for medical payments.

Damage to Premises Rented to You Limit – This coverage is actually an exception to certain exclusions found in the bodily injury and property damage coverage. The first exception provides coverage for property damage to a premises and its contents, rented to the insured for seven or fewer consecutive days if an insured is legally obligated to pay for such damage due to any cause except fire.

The second exception provides coverage for damage to the premises only if an insured is legally obligated to pay for property damage due to fire. However, if an insured is held liable solely due to an agreement to be responsible for the property or for damage to the property, there is no coverage. Liability has to be imposed on the insured as the result of a lawsuit in order for coverage to apply.

The Damage to Premises Rented to You limit applies to any one premises. Any property damage paid under this limit will reduce the each occurrence limit for that same occurrence and will also reduce the general aggregate limit.

Medical Expense Limit – The medical expenses coverage is a separate insuring agreement that obligates the insurer to pay reasonable medical expenses for bodily injury caused by an accident, without regard to fault. Medical payments are subject to the medical expense limit. The medical expense limit applies separately to each person. However, medical payments will reduce the each occurrence limit for that same occurrence and will also reduce the general aggregate limit.

OPTIMIZE PUSH AND PULL ACTIVITIES BY ANALYZING ERGONOMICS

By Workplace Safety

The science of ergonomics focuses on the interactions between work demands and worker capabilities. The goal is to achieve those interactions between the work and the worker that will not only preserve the safety and health of the workforce but also optimize productivity. Applying the science of ergonomics to pushing and pulling tasks produces a number of guidelines for the design of work involving those tasks.

In the first place, it helps to design work to control the amount of pushing or pulling an employee is expected to do. A good example is to set a limit on the number of shopping carts an employee is expected to collect from the parking lot in one trip. When possible, you can limit the need for pushing or pulling by using applicable mechanical aids. Depending on the environment these might include:

  • Conveyer belts
  • Powered trucks
  • Lift tables
  • Slides or chutes

The force required to push or pull can be lowered by reducing the size and/or weight of a load or using four-wheel trucks or dollies. Proper selection and maintenance of hand-trucks and dollies is very important. Wheels or casters should be maintained adequately and bearings should be lubricated periodically. Be sure that the equipment is sized properly to the task, such as with larger diameter wheels and casters for heavier loads.

Floors also affect the ergonomics of pushing and pulling. Floors that are not level increase the difficulty of pushing or pulling, as do floors that are rough. Maintaining floors and applying a surface treatment that reduces friction might be advisable.

Reducing the distance of the push or pull is an easy way to improve the ergonomics. Two examples would be moving receiving, storage, production, or shipping areas closer to work production areas and changing the production process to eliminate unnecessary materials handling steps.

Finally, the actions of pushing and pulling can be optimized by

  • Providing variable-height handles so that both short and tall employees can maintain an elbow bend of 80 to 100 degrees.
  • Replacing a pull with a push whenever possible.
  • Using ramps with a slope of less than 10%.

Keep in mind that a number of factors influence the ergonomics of horizontal pushing and pulling. These include body weight, height of force application, distance of force application from body (amount of trunk flexion/extension), duration of force applied or distance moved, and the availability of a structure against which the feet or back can push to prevent slippage. For vertical pushing and pulling, the influential factors include grip strength and height of force application. The height determines which muscles will be used. Pulls from above head level allow for the greatest force because body weight can be used. Pulls from more than 10 inches above the floor also allow the greatest force because strong leg and trunk muscles can be used. Pushing across the front of the body involves weaker shoulder muscles so full arm extension leads to a marked decrease in maximum force.

TAKE PRECAUTIONS TO DECREASE WINTER DRIVING RISKS

By Workplace Safety

Winter driving is a completely different experience than driving during any other season. Luckily, many of the preventive measures you take for each type of driving condition are the same. Before you start your drive, be sure to check all of the following vehicle safety points.

Vehicle Safety

Brakes: Check both vehicle brakes and trailer brakes for effectiveness.

Tires: Before you drive in snow, ice, and slush, you need to make sure your tires have tread. Balanced, rotated, and aligned tires will help you reduce the possibility of bald spots. You should use special snow tires in the winter or put chains on. Since cold weather helps to decrease your tire pressure, make sure you have enough air in your tires.

Lights: Make sure your headlights, taillights, brake lights, reverse lights, and turn signals are all working properly. In heavy snow fall it is impossible to guess the intentions of other drivers, so any lights that indicate behaviors (like stopping and turning) are extra important.

Windshield: For winter weather and windshield visibility you need a properly functioning heater and defroster. Also, make sure to monitor the health of your windshield wipers. Ice and snow can make them hard and cracked, so be sure to test them before you begin driving.

Items to Carry

There are certain necessities you should carry when you drive in winter weather. These include:

  • Scraper: Carry a scraper with you so that you can clean your windshield before driving. You should also carry de-icer fluid.
  • Sand: Carrying sand or cat litter with you will give you something to throw on top of snow or ice to give you added traction if you get stuck.
  • Chains: If you do not have snow tires, carry chains with you for your vehicle and trailer tires.
  • Rags: If your defroster should stop working, you will need something with which to wipe your windows. Carry rags for this possibility.

Driving Methods

Follow at a safe distance: Ice and snow make for difficult braking and frequent skidding. Maintain adequate distance from the cars ahead of you so that you have an extra cushion of space in which to control your vehicle. Although you might normally follow the three-second rule in good weather, winter weather requires that you increase that to a six or nine-second rule.

Observe appropriate braking procedures: Remember, if you do not have anti-lock brakes you should pump when you need to stop but anti-lock brakes should never be pumped.

Never forget to wear your seatbelt: Your seatbelt can mean the difference between walking away from an accident with a few scratches and not walking away at all. You should wear your seatbelt no matter what the weather conditions are, but with the additional risk of accident in winter weather, seatbelt wearing becomes even more important.

Taking the time to learn and follow these guidelines will make winter weather easier to drive in and will lower your risk of having a preventable accident.

UTILIZE PERSONAL PROTECTIVE EQUIPMENT TO REDUCE OCCUPATIONAL HAZARDS

By Workplace Safety

Personal Protective Equipment (PPE) is apparatus worn by a worker to reduce or lessen exposure to certain occupational hazards.

Examples include gloves, aprons, helmets, all the way up to full body and survival suits.

It is the responsibility of the employer to determine if hazards exist and when PPE should be used to protect workers.

According to the Occupational Safety and Health Agency, hard hats are an important piece of safety equipment. Hard hats can protect workers from head impact, penetration injuries, and electrical injuries such as those caused by falling or flying objects, fixed objects, or contact with electrical conductors. Some examples of workers for whom hard hats should be considered are electricians, carpenters, linemen, mechanics, plumbers and pipe fitters, welders, freight handlers, timber cutters and loggers, stock handlers, and warehouse laborers.

In addition to hard hats, some work requires spectacles and goggles, special helmets or shields, spectacles with side shields, and/or faceshields. All of these items can help protect employees from the hazards of flying fragments.

Safety shoes, foot guards, and leggings can help workers avoid injuries by protecting them from hazards such as falling or rolling objects, sharp objects, wet and slippery surfaces, molten metals, hot surfaces, and electrical hazards.

It is critical to note that PPE is only one element of a safe and healthy workplace. Use of PPE does not guarantee total protection, but it does minimize exposure to hazards. PPE should only be used when a hazard cannot feasibly be prevented or eliminated altogether.

When an employer makes the important decision to implement a PPE program, they must take a number of steps. These steps include identifying potential hazards, selection of controls and appropriate PPE, as well as fitting and training for both employees and supervisors. The employer should also ensure ongoing support for the program as well as maintenance and auditing procedures.

All affected employees share the responsibility to identify and monitor the potential for workplace hazards on an ongoing basis. Each employee should make sure the PPE is utilized properly at all times, and provide feedback to supervisors and managers if any problems or discomfort with the PPE arises.

Employees should also make sure that management takes all of the proper steps to eliminate hazards before instituting a PPE program. Employees have a responsibility to raise any concerns they have, if they feel the PPE is not adequate to protect against the exposure to the risk.

If there is a danger in your workplace that cannot be eliminated and your employer has not offered you PPE, you need to ask for that protection. When you are provided with PPE, use it at all times when there might be a possibility of exposure to the hazard. PPE is only effective when designed and utilized properly.

Protect your well-being. Reduce your risk. And make the proper use of your Personal Protective Equipment a workplace priority.

 

CONSIDER OUTSOURCING TO MANAGE YOUR COMPANY’S COBRA COSTS AND COMPLIANCE

By Employment Resources

Congress passed the Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law was enacted to allow continuity of Health insurance coverage for qualified employees and their dependents if they lost coverage due to such events as termination, resignation, reduction in work hours, divorce, or death. Through COBRA, employees and their dependents have the right to continue coverage under a former employer’s group health plan for up to 18 months (36 months in the case of death, divorce, or Medicare entitlement of the former employee), so long as the employee pays the total cost for the coverage and up to a 2% administrative fee.

Although COBRA has worked well for employees, it has always presented employers with a number of difficulties. Maintaining detailed records, notifying eligible beneficiaries, and collecting premium payments make administration complicated and time-consuming. Employers make mistakes, and this can result in large fines, including:

  • IRS excise taxes of $100 – $200 daily for each notice, up to 10% of the cost of the health plan, or $500,000 per year
  • Department of Labor fines of $110 daily for each notice

In addition, an employer or plan administrator might have to pay medical expenses and litigation costs if a case goes to court.

The compliance issues and the cost involved in maintaining COBRA plans have led many companies to outsource this function. Some of the benefits of outsourcing include:

  • Controlling Costs – HR personnel who are unsure of statutory requirements regarding eligibility will minimize risk exposure by providing COBRA benefits to employees who are not technically eligible. Third party administrators have the legal expertise to know which employees are truly eligible and which are not, which can mean a substantial savings in claim costs.
  • Eliminating the need to train staff in plan administration – Not only will your HR staff need initial COBRA administration training, they will require ongoing training to keep up with all statutory, regulatory, and case law developments.
  • More efficient use of HR staff’s time – Utilizing HR personnel for COBRA administration lessens their ability to make a more positive impact on the company’s overall operation, like recruiting good employees or arbitrating disputes between line/department managers and their staff.
  • Equitable treatment for all qualified beneficiaries – Third party administrators aren’t swayed by emotion, or subject to potential conflicts of interest when they determine eligibility. They base their decisions exclusively on the statutory and regulatory requirements, which ensures fair treatment for all qualified beneficiaries.