Ensuring Worker Safety: Fall Protection Equipment

Key Points
 
Workplace fatalities caused by falls have been in decline over the past few years.

Learning how to protect yourself is the first step in reducing fall hazards.

Personal protective equipment helps to ensure worker safety.

Occupational fatalities caused by falls are a serious concern to workers in any trade. Each year,
people are injured and killed by workplaces falls. In the U.S., falls are the third leading cause
of workplace-related injures. According to the Bureau of Labor Statistics (BLS), fatal falls have
declined in recent years from 847 in 2007 to 617 in 2009. 

Learning how to identify potential fall hazards and deciding how best to protect yourself
or your employees is the first step in reducing or eliminating fall hazards. The U.S. Department
of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death,
accounting for 8% of all occupational fatalities from trauma.

Because of these statistics, the Occupational Safety and Health Administration (OSHA) mandates
that training and safety measures be taken for anyone who works off the ground. When workers
are at a height of four feet or more off the ground, they are at risk and need protection. OSHA’s
fall protection guidelines stipulate that protection must be provided for workers if the worker

is working at four feet or more above the ground in general industry, at five feet or more
in maritime, and at six feet or more in construction. Furthermore, fall protection must be provided
anytime an employee is required to work over dangerous equipment, machinery, or hazardous
areas, regardless of the fall distance.

Fall Protection Equipment
Protective equipment is a major part of any job. Helmets, work gloves, and work boots are important
for personal safety and components such as guardrails, safety nets, and personal fall arrest systems
are important in preventing falls.

Guardrails—guardrails are an effective fall prevention system. They can be installed as a temporary
system or a permanent structure. OSHA recommends that guardrails follow these simple guidelines
—guardrails must support a minimum of 200 pounds, be 39 to 45 inches high, and include a mid-rail
to prevent falling under the top rail. It is also recommends guardrail systems be inspected at regular
intervals.

Safety Nets—when guardrails cannot be used effectively, safety nets are a good option. They are
designed to catch falling workers and tools before they hit the ground. To maintain worker safety,
safety nets should be inspected everyday to ensure that all attachment points are secure. They
should also be inspected after they catch a person or any tools that have fallen. Moreover, tools
and debris should be removed from safety nets immediately to maintain worker safety.

Personal Fall Arrest Systems—personal fall arrest systems are body harnesses with connecting
devices that are attached to an anchor point. Body harnesses help to distribute weight evenly
over shoulders, buttocks, and thighs. Should a fall occur, the harness will keep the worker from
falling to the ground by way of the anchor point. Personal fall arrest systems are often used in
combination with safety nets and guardrails, depending upon the circumstance. They should be
inspected each time they are worn.

Besides using protective equipment, it is critical to know when and how to use safety equipment.

It is also important to be in the correct mindset when working off the ground. Always examine the
situation before starting work. Think about your safety and determine the safest way to accomplish
the task. Never work off the ground if you are tired or under the influence of alcohol or drugs. Also,
avoid emotional stress that may cloud your judgment—your mind and reflexes must be at 100%.

To best ensure worker safety it is important to use fall protection equipment. Each worker needs to
know and understand the dangers that might lead to a fall and how to prevent injuries by using the
appropriate fall protection equipment. As a worker, make sure you have been trained properly on
how fall protection equipment works and always inspect the equipment to ensure complete safety.

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The American Industrial Hygiene Association (AIHA) has released its list of the top public policy
issues that will be of concern to AIHA members and the occupational and environmental health
and safety (EHS) profession over the next two years.

Based on its biennial membership survey, conducted in October, AIHA's list identifies the overall
top 2011-2012 public policy issues for the association and the professions represented therein:

Updating Permissible Exposure Limits (PELs) — Considered one of the most basic tools needed
to protect workers, PELs are consensus-based limits that indicate how long someone can be
exposed to a particular substance without experiencing harmful effects. Science in this area has
matured, yet many PELs have not been updated since the 1960s and 1970s.

Injury and Illness Prevention Program (I2P2) — The Occupational Safety and Health
Administration (OSHA) is developing a rule to require employers to establish and maintain an
I2P2. It involves identifying and controlling hazards as well as planning,

implementing, evaluating and improving processes and activities that protect employee safety
and health. AIHA supports the need to define effective occupational health and safety programs
and that hazard assessment and implementation of a written safety and health program should
be part of a minimum professional standard at any work site.

Material Safety Data Sheets (MSDS) / Globally Harmonized System of Classification and Labeling
of Chemicals (GHS) — AIHA supports efforts to improve the accuracy of MSDS as well as hazard
communication for employers and employees. Such efforts are a key element in protecting workers
and others in case of national emergencies. The adoption of the GHS is a big part of improving
hazard communication.

Professional Recognition/Title Protection — Professional recognition/title protection allows industrial
hygienists and others who have met minimum educational/experience requirements (such as certified
safety professionals) to be legally defined and recognized as competent to perform certain work
without needing additional requirements. One concern is the continued influx of specific occupational
health and safety titles that are awarded by non-accredited bodies and the attempts to recognize
these titles in various policy-making activities.

OSHA Reform and National Institute for Occupational Safety and Health (NIOSH) Recognition —
Each year, Congress introduces and considers legislation to amend the Occupational Safety
and Health Act — legislation that addresses criminal penalties, whistle-blower protections,
expansion of coverage and the Voluntary Protection Program, among other issues. AIHA supports
efforts to review and, if changes provide added protection for workers, amend the OSH Act. AIHA
also supports efforts to protect NIOSH from attempts to diminish its importance. AIHA supports
appropriations to adequately fund both OSHA and NIOSH.

Laboratory Accreditation — Accredited laboratories are the best way to ensure that test samples
of potential workplace hazards are analyzed correctly. AIHA continues working to see that the
AIHA laboratory accreditation program is internationally recognized and noted in federal and state
legislation and regulation as a legitimate program.

In addition to these top policy issues, the AIHA survey also identified the most important issues in
individual categories pertaining to OSHA, legislative activity and AIHA itself. AIHA will review existing
white papers and position statements, as well as draft new position statements, to determine the
appropriate response to each of the issues.

Resources

AIHA Top Public Policy Occupational and Environmental Health and Safety Issues
American Industrial Hygiene Association, Dec. 3, 2010

AIHA Unveils Top EHS Public Policy Issues for 2011-2012
by Laura Walter
EHS Today, Dec. 3, 2010

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Liquor Liability Primer

Alcohol serving or supplying operations can be subject to charges of legal liability when, for
example, a patron or third party is injured as a result of the negligent service of alcohol or
negligence in not preventing an individual from injuring a third party.
Legal liability can also arise out of other negligent actions or inactions. Assault and battery
accounts for about half of liquor liability claims so any liquor liability policy should include
coverage for this exposure.

Attorneys typically seek a connection to as many pockets as possible. Lawsuits often name the
establishment, the liquor manufacturer, the distributor and any others that seem to make sense
(or not). Any entity making, selling or serving alcoholic beverages need this protection since the
commercial general liability policy excludes coverage for any entity involved in one of these
activities.

The breadth of defense and coverage provided is based on the individual jurisdiction's definition
of legally liable. Each state applies its own codified or judicially interpreted liquor or dram shop
laws.

Some states allow every bar in which the intoxicated person drank to be pulled into the lawsuit;
the establishment has to prove that the patron was not or did not appear intoxicated while there.
Each bar or restaurant in these states can be held jointly and severally liable.
 
At least one state holds the establishment liable if the patron appears intoxicated even if they came
in that way and didn't imbibe there.

Other states require proof that: 1) the establishment sold alcohol to the intoxicated individual;
2) injuries were sustained; and 3) the intoxication was the proximate cause of the injury(ies).
In essence, the coverage provided by the liquor liability policy is based on statute rather than
strictly policy language. Liquor liability insurance typically covers the cost of damages and all
legal fees and related expenses up to the policy limits.

Going Bare

There are clients who are willing to risk the loss of a liquor license, their business and perhaps
even their personal assets for the sake of a little additional premium or because they believe
they can't afford liquor liability protection. Whether the perception of affordability is true or not,
the average claim settlement has increased significantly in the past 20 years so coverage should
be considered.

Controlling Costs

There is much a business owner can do to reduce the cost of liquor liability coverage if price is
truly a concern. Like most forms of insurance, liquor liability premiums are based on exposure
and the historical losses of the insured operation.

Major, news-making claims can have a dramatic impact on premiums and availability. Many
insurance carriers determined that liquor liability coverage was too risky and abandoned the
market following a tragic fire killed 100 people at The Station in Warwick, R.I., in 2003. Although
many of those carriers have returned, overall rates are somewhat higher than in years prior to
the incident.

Rates are especially high for establishments with a poor claims history and those having unique
exposures such as pool tables, live music, exotic dancers or other forms of live entertainment.
Owners of operations with these histories or exposures typically pay a premium "surcharge."

Training your staff

Closing earlier, removing pool tables or other diversions and/or getting rid of live entertainment
may not be practical; but the insured may consider alcohol-awareness training for the staff. Many
liquor liability carrier offer discounts for such training.

Alcohol awareness training is a good starting point and should be required for all management
and staff who serve alcohol. Servers learn to identify patrons who have had too much to drink,
how to avoid serving under-aged customers, when to make and keep notes and more. Servers
also learn the consequences of failing to take responsibility for their patrons as many servers
assume that they will not be held personally responsible for serving an intoxicated customer,
but this may not be the case (depending on state law).

Security personnel should also be trained. Unfortunately security staff may be overzealous in their
duty, using stun guns, mace and physical force to restrain patrons. Such attacks, ironically,
endanger rather than protect a business.

Training is essential but only if managers and owners take it seriously. Managers and owners
should monitor their staff and make certain everyone is consistently applying the lessons they've
learned. Several training programs exist to aid alcohol-serving entities in their quest to become
better at protecting their clients and staff and potentially lower their liquor liability premium at
the same time:

Training for Intervention Procedures by Servers of Alcohol (TIPS): Nine different programs are
available depending on the situation;

ServSafe Alcohol: Sponsored by the National Restaurant Association Educational Foundation
(can be done online);

Serving Alcohol, Inc.: Offers security training as well (onsite in Wisconsin and Minnesota only);
 
Techniques of Alcohol Management (TAM): Endorsed by the National Hospitality Institute offering
in-person and online training;

Alcohol Safety Institute of America: An online training program.
Availability of Liquor Liability Coverage

Liquor liability is rather freely available unlike in decades past (availability may vary depending on
the jurisdiction). Many standard carriers willingly extend liquor liability protection to any insured
who meets their basic underwriting guidelines. This extension may take the form of the removal
of the CGL's liquor liability exclusion or by separate endorsement.

If the insured is unable to secure liquor liability protection from the carrier providing the general
liability protection, many excess and surplus lines carriers stand ready to proved the necessary
coverage on a stand-alone basis.
====================
Insurance Implications of Assault and Battery
Christopher J. Boggs, CPCU, ARM, ALCM
January 15, 2010

Earlier this week we ran an article on liquor liability coverage'which elicited many questions
regarding the availability of coverage for assault and battery'in the commercial general liability
(CGL) and liquor liability
policies. Below'are parts of an article I ran last year along with additional information related
specifically to
Insurance Services Office's (ISO's)'liquor liability'policy wording.

Background Story

My wife arranged a "surprise" birthday dinner/party to celebrate my fortieth year. As dinner wound
down, several restaurant employees came around the corner with sombreros aiming to put one
on my head and sing me their version of "Happy Birthday." I had been through all this before so
I knew what to expect – at least I thought I did.

There must have been 12 of them (well, actually, only two); one put the hat on my head and the
second HITme in the face with a whipped cream pie (it's true, my wife has the pictures on her
FaceBook site). I was attacked in broad daylight in front of several witnesses, none of whom sprang to my aid (mostly they just laughed at me).

As the initial shock dissipated and I wiped off all the whipped cream I could reach; I began to think
about the insurance implications of what just happened (yes, even in a time of shock I think insurance).

Legal Definitions Related to the Attack

Before I had my face fully whipped cream-free, I looked at the waitress and jokingly said, "You do
realize that was assault and/or battery." She did not respond, but these terms have distinct legal
meanings of which the restaurant's management now needs to be aware:

Assault is not actual bodily contact, only the threat of bodily injury by force. Such threat is
intentional and unlawfully directed towards another person such that the other party has a reasonable
fear that injury is likely to occur. The apparent ability to carry out such a threat must also exist.

A person pointing a gun at someone and telling them, "I'm going to kill you," would amply qualify
as assault (in this case it's with a deadly weapon). Battery is actual physical touching and does not
equate to assault.
Battery (according to www.expertlaw.com) is actual physical contact with another individual against
that person's will. Such contact does not have to result in physical injury to be considered battery.
Such contact is not limited to physical touching or beating but can also refer to the physical restraint
of a person.

Spitting on a person, although not likely to cause injury, can qualify as battery. Battery can exist
on its own without assault; an example would be someone just grabbing another person and beating
them without provocation or warning.
Based on the legal definition, I was a victim of battery. However, the amount of damages which I
may be able to recover is minimal since I was not hurt (other than a little bit of my ego). But what
if the person has an allergy or was hit harder than expected resulting in a broken nose or gouged
eye – would the restaurant's general liability policy respond; and how?

How the CGL Responds

Questions regularly arise as to whether the commercial general liability (CGL) policy responds
to claims of assault and battery. The unendorsed CGL contains no specific exclusion for such
actions, but coverage may depend on who perpetrates the assault or battery.

The CGL promises to pay all sums the insured is legally obligated to pay as a result of "bodily injury"
or "property damage" suffered by a third party. Legal obligation can arise out of contract or tort.
A tort relates to the insured's negligence in that if the insured is somehow negligent and a third
party is injured as a result of that negligence, the CGL pays.

Relating this to assault and battery, if a customer is a victim of assault and/or battery and the insured
is somehow held liable for the actions (did not keep the premises safe, allowed an argument to escalate,

did not protect the customer, etc), the CGL responds and pays the claim subject to policy provisions and exclusions. If, however, the insured is found not liable for the injury, then the policy is not required to
respond.

But the attack on me was different. I was technically and factually a victim of battery and the
restaurant was undoubtedly liable – because they did it. The last phrase seems to preclude coverage
for the incident, leaving the restaurant on its own for any injuries that might have resulted; or does it?

Certainly the expected and intended injury exclusion (2.a.) would act to exclude coverage for this
incident, wouldn't it? However, when each word is assigned its everyday meaning and the
exclusionary wording viewed in its entirety, it does NOT necessarily exclude coverage for the
restaurant's attack on me. The exclusion reads:

'Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect
persons or property.

So, while the action was intentional, any injury that might have occurred was not intended, or
even expected. Would the restaurant or anyone else reasonably expect someone to be injured
by a putting of a pie in their face? Further, do they intend to hurt anyone with a whipped cream
pie? Not likely on either.

For the exclusion to apply, the injury has to be expected or intended – not the action. There is
no intentional act exclusion in the CGL, so coverage appears to remain intact and available to
respond.

Liquor and Assault and Battery

ISO's Liquor Liability Coverage Form (CG 00 33 or CG 00 34) applies essentially the same exclusionary
wording regarding expected or intended injuries as does the CGL. To be excluded, the "injury"
(which is defined to include "bodily injury" and "property damage") must be expected or intended
from the standpoint of the insured. There is no separate assault and battery exclusion within these
ISO endorsements, although this may differ in proprietary forms.

But what about bouncers who use unreasonable force when removing a customer, or simply lose
their temper and beat an unruly inebriated (drunk) customer? What about injuries arising out of one
customer attacking another one? Would such actions or inactions fall under the "expected and
intended injury" exclusion in one or all forms (the CGL and/or two Liquor Liability forms) such as to
preclude coverage for the establishment (the named insured)?

Questions of fact regarding the insured's responses to the actions or inactions listed above will likely
involve, and be debated in, the court, including: 1) did the named insured's establishment have a
history of such rough behavior (or was it condoned); 2) did the owners and management have guidelines
on how to remove unruly patrons from the establishment (and were they followed); 3) were records of
unusual incidents kept detailing any unusual or extreme measures required; 4) what measures are taken
to manage conflicts between customers; and other such questions.

Depending on the facts, the actions/inactions may or may not be considered "expected or intended
from the standpoint of the insured." If not expected or intended, there is no exclusion and coverage
applies.

Additionally, the concept of "Separation of Insureds" also plays a part in the availability of coverage
in situations of apparent expected or intended injury.

"Separation of Insureds"

ISO's CGL and Liquor Liability coverage forms apply the "Separation of Insureds" condition to liability
claims. Essentially this condition states that each insured is treated as a separate insured, thus the
actions of the named insured, or any other insured listed in "Who is an Insured," does not preclude
coverage for any or all other "insureds."

Simply put, because the bouncer (an "employee" and thus an "insured" by definition) may have
expected or intended to injure the customer does not mean the named insured establishment did. If
found in court that the named insured expressly forbids the use of unreasonable or unnecessary force
and takes the appropriate action when such rule is broken, they (the named insured) should be protected
by either form (depending on the underlying cause). The bouncer would be excluded from coverage
because he should have reasonably expected or did in fact intend for the injury to occur.

Just because the actions of one "insured" falls under an exclusion does not mean that that exclusion
applies to all "insureds" (as defined by the policy). The named insured may be covered even when an "automatic insured" is excluded.

"Mental Anguish" from Assault and Battery

Although there was no apparent intent to do physical harm, such attack could cause an intense
psychological reaction in some people. It may bring back memories of some awful event or create
uneasiness in a person's belief in their ability to protect themselves.

I told my wife I was having dreams of being attached by a can of whipped cream and was unable to
close my eyes and sleep because of the fear. This lack of sleep may lead to sleep deprivation,
reduced mental capacity and job performance and ultimately the loss of my job. And my daughter,
who saw the attack, is suffering from post-traumatic stress disorder even though she was not in the
zone of danger.

Now, while I'm joking about my dreams and my daughter's stress (she was among those laughing), some people do suffer or claim to suffer such mental anguish "injuries." Defending these claims and paying the loss if the jury finds in favor of the plaintiff could be quite expensive; and there is NO specific coverage in the unendorsed CGL for claims of injury from "mental anguish."

"Bodily injury" is defined as bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. Nowhere is coverage for "mental anguish" provided under the "Bodily Injury and Property Damage" coverage section (Coverage A). Neither does the definition of "Personal Injury" contemplate "mental anguish" losses. Coverage B,

"Personal and Advertising Injury," also fails to provide any protection to the insured.  Insurers that either: 1) do not subscribe to ISO wording (in whole or in part); or 2) have proprietary endorsements may allow "bodily injury" to be redefined by endorsement to include "mental anguish." But many of those endorsements only extend coverage to include "mental anguish" CASUED by "bodily injury;" not simply "mental anguish" as its own cause of injury.

However, some state courts have chosen to broaden the definition of "bodily injury" to include "mental anguish." These courts differ on the breadth of the inclusion as some require that the supposed "mental anguish" be the result of actual injury; while a few will allow "mental anguish" to stand alone as its own injury without the need for actual bodily harm or injury.

Depending on the state, protection from charges of "mental anguish" may be excluded under most CGL forms. Most likely any judgment or settlement arising out of such charges may have to be paid by the insured.

Proprietary Forms

ISO policy forms are referred to and quoted in this article. Proprietary forms may differ in their wording and may even contain or be endorsed to include an assault and battery exclusion.

Non-ISO policy forms and endorsements must be closely reviewed to ascertain exclusionary breadth related to assault and battery. Broadening endorsements or the removal of narrowing endorsements may be necessary to provide insureds with the needed coverage (as close as possible to standard wording).

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Forming Safety Committees

Key Points

• Safety committees ensure that the workplace is safe for employees and that plant safety policies meet OSHA regulations. 
• Management can set a good example by following all established safety rules.
• Safety committee members should be trained in accident investigation methods, OSHA laws and regulations, problem solving, and effective communication. 

Source: www.sxc.hu

Manufacturing firms of all sizes form safety committees. With members from all company divisions and shifts, safety committees generally include both labor and management representatives.

The safety committee's primary purpose is to ensure that the workplace is safe for employees and that plant safety policies meet OSHA regulations. Functions of the safety committee include the following:

• Ensuring that the company safety policy meets with all applicable OSHA regulations
• Ensuring that all equipment and work processes are compliant with company safety policies through routine inspections
• Investigating all workplace accidents and safety violations
• Advising management on all safety programs, policies, training, and regulations

Keys to Success

The safety committee should conduct periodic meetings to report findings and activities, and make recommendations to management. The following elements are critical to forming and maintaining an effective safety committee:

• Management Support—Safety experts agree that management support is key in an effective safety committee. In addition to providing resources, management should be involved in setting the goals and objectives of the committee. Management support can come in a number of ways including the following:
• Setting a good example by following established safety rules
• Emphasizing health and safety issues through meetings, training, and signage
• Strictly enforcing safety policies recommended by the safety committee
• Cross-Company Committee Makeup—To be effective, the safety committee should include members of all departments or divisions within the organization, including labor, management, and a representative from human resources to help ensure that everyone is represented fairly. 
• Clear Committee Goals—Before beginning work, the committee must have a clear set of objectives and a detailed list of functions. Ideally, the committee should have a charter that describes exactly what it plans to accomplish and the limits of its authority. This document should detail the following:
• Specific makeup of the committee
• Primary functions including inspections, auditing, training, and more
• Schedules for committee meetings and programs
• Committee outputs including reports, policy handbooks, recommendations, and so on

It is important for the committee to communicate its findings and recommendations to management on a routine basis through meetings and reports. To encourage cooperation with the committee's work—and ensure acceptance of committee recommendations and policy changes—all departments and employees must understand the purpose and function of the committee.

Safety Committee Questions and Answers

Q. How are safety committee members chosen?
A. Management should create a board with representatives from both labor and management to appoint members to the safety committee.

Q. Should the safety committee have the authority to punish safety violations and set company safety policy?
A. The safety committee should limit its role to investigating and reporting findings, and making safety policy recommendations. Management should be responsible for setting and enforcing company safety policies and procedures.

Q. How long should committee members serve?
A. Committee members should serve on a rotating basis. During the initial planning stages the length of service and member qualifications should be determined.

Q. Do safety committee members need specialized training?
A. Yes. The training recommendations include accident investigation methods, OSHA laws and regulations, problem solving, and effective communication. Periodic retraining is recommended as well.

Q. Where are training sessions held?
A. Training can be done in-house through the safety manager, the safety department, or an outside consulting firm.

"Permission to use this article has been granted by Tech Resources, Inc."
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Can You Afford a Workplace Accident?

Key Points

• Workplace accidents cost industry a total of $156.2 billion in 2003.
• Often the many indirect costs far exceed the cost of medical claims.
• A well-maintained safety program increases employee awareness. 

Workplace accidents not only threaten the health and safety of employees, they can also have a significant financial impact on your company in terms of lost productivity and lower profits. According to the National Safety Council, in 2003 there were over 3.4 million workplace injuries, with a total estimated cost to industry of $156.2 billion. That is an average cost of nearly $46,000 for each workplace injury. If these figures seem surprising, take a closer look at the ways an accident can impact your operations due to indirect costs.

The Impact of Direct and Indirect Costs

Workplace accidents are more expensive than most companies realize. Direct costs are workers' compensation claims that include payments to injured workers and their medical care providers. These expenses, while significant, are often seen as the cost of doing business by many companies. Direct costs, however, are just the tip of the iceberg when calculating the total financial impact of workplace accidents. Often, the many indirect costs far exceed the cost of medical claims. The most common indirect costs of workplace accidents include the following:

• Lost labor time and productivity
• Accident clean up, and repair or replacement of damaged equipment or material
• Legal fees and the cost of lost administrative time
• Training and compensation of temporary replacement employees
• Schedule delays and interrupted workflow
• Lower workplace morale and increased absenteeism
• Accident investigation and the costs for implementing corrective actions
• Increased insurance costs

The ratio of indirect costs to direct cost varies widely and ranges from 20:1 to nearly 1:1, according to the Occupational Safety and Health Administration (OSHA). Studies indicate that the lower the direct or medical cost of an accident, the higher the indirect cost.

Direct Cost of Accidents	Ratio of Indirect Costs to Directs Costs
Under $3,000	4.5 to 1
$3,000 to $5,000	1.6 to 1
$5,000 to $10,000	1.2 to 1
Over $10,000	1 to 1

These costs are not always apparent immediately. It often takes time for the effects to fully manifest themselves, so many companies have little understanding of how these hidden costs can impact their bottom line. Indirect costs vary widely from company to company and are typically difficult to track. They are less predictable than direct costs and difficult to control. However, they are ultimately paid for out of a company's profits and their potential impact can be devastating.

To avoid the cost of accidents and improve your bottom line, take a serious look at each step of your operation. Discover where accidents are likely to occur and take corrective action where necessary. Train employees on all safety measures related to their job and educate them on the benefits of constant vigilance. Institute a safety program and appoint a team of dedicated individuals to carry it out. A well-maintained safety program is an excellent way to increase awareness of employee safety and prevent accidents from occurring.

For more information about workplace safety programs, see OSHA's Safety and Health Programs Website.

If you would like to obtain a complimentary set of the most recent state and federal workplace posters, submit your request by clicking on Tools You Can Use in the menu bar. Click on Workplace Posters and complete the online request form.
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Reduce the Impact of Accident Costs on Your Business

Key points

• A safety and health program can lower accident-related costs, reduce absenteeism, and improve employee morale.
• Make sure company policies and strategic operational plans support your overall safety and health improvement plan.
• Be sure to communicate results and successes to sustain efforts and keep everyone motivated.

Source: www.sxc.hu

Having an effective health and safety program in place at your company can have a tremendous impact throughout operations. Benefits include lower accident-related costs, reduced absenteeism, lower employee turnover, higher productivity, and improved employee morale. According to OSHA, the direct costs of accidents, including workers' compensation claims, can be outweighed by less obvious indirect costs by a 20-to-1 margin. Indirect costs include training replacement workers and repairing property damage, as well as the costs associated with accident investigations.

Safety Programs: More than a Slogan

How can you reduce the impact of accident costs on your business? Safety and health programs reduce the risk of costly workers' compensation expenses and OSHA fines by minimizing workplace hazards and ensuring that your company is compliant with OSHA regulations. To be effective, however, a safety program must be instituted at every level of the organization, and it must be more than just a Safety First slogan.

Getting Started

The following strategic map outlines the key steps in bringing a change process to your organization—the necessary implementation strategy for establishing a successful safety program.

• Obtain buy-in from your top management.It is essential that top managers be in support of the program. Otherwise, a safety program will almost always fight a losing battle against other core business issues like production and profitability.
• Continue to build buy-in at other levels. Create support for the needed changes by building agreement between management, the union, and employees. Be sure everyone understands and accepts why they are being asked to change.
• Build trust.Trust is an important part of any acceptance of change, and comes from different levels of an organization working cooperatively and beginning to see successes.
• Conduct self-assessments and benchmarking exercises. Compare your company's safety processes with those of others. Measure where employee and management perceptions lie with regard to your safety processes. OSHA's Safety and Health Program Checkupassessment tool can be useful in determining your current status.
• Conduct initial training.This should involve a core group of management or supervisory staff, union leadership, safety and health committee members (if applicable), and hourly employees. The content may involve safety and health training, team building, and hazard recognition or communication training, as needed.
• Set up a steering committee. Management, employees, and union leadership (if present) who will facilitate and direct the process of change should work as a group to provide guidance and limit the duplication of efforts.
• Develop site-safety policies. A vision, key policies, goals, measures, and strategic operational plans provide guidance and an overview. Refer to them when determining if a decision detracts or supports your overall safety and health improvement plan.
• Align your organization.Make sure all managerial and supervisory personnel share a vision of your facility's safety and health goals.
• Define specific roles and responsibilities.Everyone within the organization must view safety and health as a personal responsibility; make sure a clear approach to competing priorities is established.
• Establish a system of accountability. Hold every employee—at all levels—accountable for his or her areas of responsibility.
• Establish a concrete measurement and feedback system. Some example measurements might include the number of hazards reported and corrected, number of equipment checks, number of pre-startup reviews conducted, and so on.
• Establish rewards and incentives policies.Provide employees with rewards and incentives for doing the right thing and participating. Reevaluate these policies periodically to ensure they are effective.
• Conduct awareness training and kick-off. Organize an employee event designating the start of your program; it can be an effective way of gaining buy-in for any new procedures.
• Measure performance, communicate results, and celebrate successes. Communication of results and successes can take place during meetings or on a bulletin board. This information is important for sustaining efforts and keeping everyone motivated.
• Continue support. Sustain continuous improvement in the program through reinforcement, mid-course corrections, and on-going training.

"Permission to use this article has been granted by Tech Resources, Inc. and the Oklahoma Manufacturing Alliance."

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Cold weather freeze-ups can cause vital fire protection systems to malfunction.  Cold temperatures can also cause sprinkler piping to burst which may result in major water damage to buildings, contents, and equipment.  Pipes bursting can also impair automatic sprinkler systems and leave a major portion of your facility without fire protection. A fire during this situation may result in a major interruption to your business and a huge loss. In the interest of maintaining sprinkler protection for your property, building owners and tenants must be aware of cold weather and freezing temperatures. All key personnel should be aware of freeze protection and emergency preparedness procedures. Utilize the Winter Weather Emergency Checklist to ensure a prompt and efficient transition from normalcy to emergency operations during a winter weather event. The Sprinkler Technical Bulletin is also an excellent reference and addresses freeze protection. Additional proactive actions include: Building temperature should be maintained @ 40° F or higher, monitored and documented Perform freeze protection inspections and be cognizant of shutdown procedures Have a contingency plan with contractors and suppliers Pre-emergency planning for fire, water damage and snow removal should be established Boilers, furnaces, heaters and flues should be serviced regularly Post a 24 hour watch on the building A no smoking policy should be strictly enforced Any flammable or combustible liquids should be safeguarded  Water Supplies Tanks should be leak free and pressure should be checked Water temperature should remain at 42°F or above Fire hydrants checked for proper drainage by outside contractor or water department Buried sprinkler control valves and valve pits should be marked in the event of heavy snowfall Fire pump room should not drop below 70°F Post indicator valve, OS&Y valve, and test header to pump inspected regularly Wet Pipe Sprinkler Systems All areas of buildings with sprinkler systems should maintain temperature of 40° F or above Cold weather valves should be closed while all others should remain open Windows, skylights and doors should be in good condition and sealed tightly Check temperatures with thermometer Dry Pipe Systems Dry lines should be checked for proper drainage as trapped water can freeze and cause breakage Check drains located in cold places for freezing Dry-valve clapper should be properly set with temperature maintained at 40°F or above Low air pressure alarms should be provided, calibrated and connected to constantly attended location Low pressure switches should be set at 5 psi which is above trip point of dry pipe valve Air pressure checked regularly with records maintained to indicate normal pressure Air drying equipment available to supply air to system as designed **Never attempt to thaw piping using a blow torch or open flame** “Propane torch used to thaw pipes ignites insulation - Alberta, Canada - Maintenance workers using a propane torch to thaw a frozen pipe in a 42 unit apartment building unintentionally ignited cellulose insulation in concealed ceiling spaces. Despite their efforts to control the fire with a dry-chemical fire extinguisher, the fire eventually destroyed the building.” (1) For more information on freeze protection, winter weather precautions, or any additional safety information, please log on to our loss control website and register at www.losscontrol.com (1) NFPA Journal®, March/April 2004

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LESSONS LEARNED
Type of loss:
Bodily injury cases in excess of $1,000,000
Line of Coverage(s) involved in loss: Hired and Non-Owned Automobile Liability (HNO) coverage
Description and narrative of the loss:

Four losses involving personal vehicles operated on company business:
• Organization incurred a $1.3M auto liability loss resulting from over-loading a 15-passenger van with luggage. An employee of the organization was driving the top-heavy van when it rolled, fatally injuring one passenger and severely injuring the other twelve.
• An employee of a social service agency was operating his personal vehicle, struck a middle-aged pedestrian moving
in a crosswalk. Liability loss exposed the organization to a lawsuit and damages of $1.1M.
• Rental vehicle, operated by a policyholder employee, struck a motorcyclist while attempting to execute a left-hand turn. Motorcyclist died and the organization was sued; damages were in excess of $1M.
• Another motorcyclist was struck by an employee driving to a non-profit business meeting. The driver executed an improper U-turn killing the cyclist. Lawsuit resulted in a loss excess of $1M.

What controls were missing that would have prevented or lessened the loss?

Organizations often miss or under risk manage exposures related to the use of personal or “non-owned” vehicles for organization or company business.
Whether you have an associate or volunteer “running an errand” to pick up office supplies or staffer transporting a consumer or others in their personal vehicle, the organization is ultimately responsible for the consequences of their driving. Be certain that individuals assigned to the task are screened, trained and have adequate insurance coverage. Errands and rental situations are a part of today’s business world. Let’s look at some of the basic elements of sound loss control aimed at mitigating non-owned auto loss.

Written Procedures
• Screening procedures were limited during new hire and subsequent to; motor vehicle records (MVR) checks were not conducted annually; MVR indications revealed driving infractions on one driver.
• Company Policy was missing in all of the above cases by not outlining the use of personal vehicles and what was expected of the employee regarding personal car insurance “liability limits”. This lack of planning resulted in the organization’s
coverage to pick up “as excess” where personal auto policy limits were exhausted.
• There was more than one instance where personal vehicle coverage’s were basic having well less than the desired limits
but while still meeting minimum statutory requirements.
• Pre-trip inspections were not completed in one case. Tires on the van that rolled over were under-inflated. There was no
pre-trip vehicle inspection that day. A homemade roof rack loaded down with 1,800 pounds of luggage and gear quite possibly lead to greater instability due to the much higher center of gravity of the van and the roof mounted load.

Training
• There was some instruction but mostly geared towards on the road procedures, what to do in case of an accident,
distraction policies, etc. Training typically was geared towards drivers of company vehicles.
• Weak documented efforts in defensive driver training or demonstration of such trained techniques during a road evaluation.
What recommendations apply?

DRIVER SCREENING & QUALIFICATION - Screen all drivers. Screen those that drive organization vehicles as well as those employees who may on occasion or regularly operate personally owned vehicles. Obtain (MVR) data at least annually and compare to best practice guidelines per the criteria in the Technical Bulletin provided on the main page.

PERSONAL INSURANCE - Develop and establish a policy requiring employees and volunteers to maintain adequateliability limits on their personal auto policies. The preferred limits should be at least $300,000 unless the person is
transporting clients, in which case the limit should be $1,000,000.

DRIVER TRAINING - Provide all drivers with a course in defensive driver training to review fundamental techniques of collision avoidance by recognizing road hazards, understanding defensive measures and having the skill and time to act. Philadelphia
Insurance Companies has a FREE web-based interactive Defensive Driver Training Course available through www.losscontrol.com.
For more information, please click on the link provided below:
How To Access FREE Web-based Driver Training

ROAD EVALUATION - Develop and maintain a road evaluation process. This process involves drivers taking the defensive driver course and demonstration of those learned skills in an “on the road environment”.
For the Road Evaluation Form, please click on the link provided below:
Driver Road Test

VEHICLE INSPECTION - Develop policies of regular and documented vehicle inspection. Inspect vehicles before and after every trip. Follow through on vehicle condition reports and repair or replace defects as needed.

Other tips:
• Restrict and limit personal auto use where possible! Strive to provide and make use of agency vehicles for medical appointments, deliveries or pickups or anytime consumer transport is required.
• Review all employees and volunteers using their personal vehicles for agency business. Treat them just like any staff member using an agency vehicle would be screened. Verify backgrounds, including driving records for the past five years, even if the worker lived in a state different from where employed.
• Develop policies where all drivers follow agency’s standard policies and procedures when using personal vehicles;
(i.e., driver eligibility, use of seatbelts, etc).
• Employees and volunteers using a personal vehicle should provide proof of insurance, confirmation that there are no exclusion regarding vehicle use, proof of inspection and the agency should determine appropriateness of personal vehicle (i.e.,condition, type, etc).
• Implement periodic checks on employees’ and volunteers’ personal insurance and require copies of their declaration showing limit of liability carried.


What were the Lessons Learned?

Organizations may not have adequate policies in place to address the Hired and Non-Owned Automobiles exposure.
Our policyholders own and operate a wide range of fleets from small to several hundred. These organizations specifically screen
and hire employees with “driver” as part or parcel of their job description or duties. The people are hired specifically to operate
these “fleet” vehicles. While many operate fleets, a great number also allow employees to operate their own personal vehicle on
“company business”. As shown, serious claims can and do occur. Organizations should minimize the potential for loss by implementing
the controls listed in this release.

Philadelphia Insurance Companies is the marketing name for the insurance
company subsidiaries of the Philadelphia Insurance Holding Company.
Coverage(s) described may not be available in all states and certain coverage
may be provided by a surplus lines insurer. Surplus lines insurers do not
normally participate in state guaranty funds and insureds are therefore not
afforded protection by such funds.
© 2009 Philadelphia Insurance Companies

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OSHA Reveals Top 10 Most Cited Violations

During a special session at the National Safety Council (NSC) Congress and Expo in San Diego last

week, the Occupational Safety and Health Administration (OSHA) revealed the top 10 most cited

violations in fiscal year 2010, according to EHS Today. This year's list did not deviate significantly from

the top 10 violations in recent years.

Thomas Galassi, director of OSHA's directorate of enforcement programs, shared the following top 10 list

of the most cited violations for FY 2010 NSC attendees, according to Occupational Health & Safety:

Scaffolding - General (8,371 violations)
Fall Protection (7,559 violations)
Hazard Communication (6,633 total violations)
Respiratory Protection (3,932 violations)
Ladders (3,820 violations)
Lockout/Tagout (3,531 violations)
Electrical - Wiring Methods (3,381 violations)
Powered Industrial Trucks (3,224 violations)
Electrical - General (2,770 violations)
Machine Guarding (2,556 violations)

Galassi said there were approximately 94,000 violations issued for fiscal year 2010, and the top 10

violations represented about 49 percent of all infractions.

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Safety Saves: Budgeting for Safety Programs in the Workplace

Key Points
 
Address preventive measures through updated procedures and/or training

Allowing employees to express their concerns anonymously improves safety and morale.

A safe work environment reduces employee turnover.
 
Source: http://www.epa.gov/
 
Budgeting for safety is not high on the list of priorities for many company decision makers because they do not realize the money spent on safety programs can lead to savings in other areas. In fact, an effective workplace safety program can significantly lower the cost of health and workers' compensation insurance. For example, spending a nominal amount to train employees on proper lifting and carrying techniques can save thousands of dollars in medical expenses and lost-time wages. Moreover, you may be able to negotiate a lower premium or rebates with your insurance provider due to fewer claims.

Safety Committees—Prevention and Awareness

The goal of safety committees is prevention and awareness. Appoint a safety committee to review and update safety procedures, train employees, and conduct routine safety assessments. These safety assessments can be as simple as a walk-through to identify potential hazards. Have your safety committee review the incidents that occur and determine ways to prevent future accidents; addressing preventive measures through updated procedures and/or training.
 

Anonymous Reporting

Another effective—and essentially free—safety program is to offer your employees a chance to report safety issues anonymously. The issues can be anything from near misses to new concerns. Often, the employees who are carrying out specific tasks are the most aware of the dangers and pitfalls of doing that job. Allowing employees to express their concerns anonymously improves safety and morale. Have your safety committee review anonymous submissions and act on them as needed.

Reevaluate Old Safety Systems

Take a fresh look at the safety systems and procedures you have in place. For instance, a warehouse of flammable liquids or plastics needs to have a stronger sprinkler system than a warehouse full of metal tools. Make sure your sprinkler system is strong enough to extinguish the items you are storing. This may seem obvious, but all too often businesses only test the functionality of their sprinkler system, with no thought as to whether they are powerful enough for the building’s contents.

Employee Retention—A Hidden Savings of Safety
 
Employees working in an environment that promotes and values worker safety may be more likely to stay in their positions. This reduces time and money expended on employee turnover.

While the adage safety pays certainly applies—it might be time to start thinking of it as safety saves.

This article previously appeared in the Oklahoma Manufacturing Alliance  newsletter, and is used with permission.

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Distracted driving, alcohol, and speeding are leading causes of fatal and serious injury crashes.

According to the National Highway Traffic and Safety Association, at any point during daylight

hours, over 800,000 vehicles are being driven by someone using a hand-held cell phone. Some of

these vehicles are being driven by employees conducting business while behind the wheel.

If they cause an accident, their employer could be responsible not just for workers' compensation

and disability claims, but also for liability judgments and for fines associated with criminal

vehicular activity.

As their insurance advisor, you can help your technology and life science save lives and money by

making them aware of the risk they face when employees use cell phones while driving on company

business. The Hartford's Distracted Driving - A Growing Problem provides you and your clients

with information and resources to help develop their own distracted driving policies.

Semd us an email request to get your copy of Distracted Driving