RISK INSIGHTS: April 2018

The #MeToo movement.

The #MeToo movement has spread across the globe since gaining traction in Hollywood, and small business owners should see it as a wake-up call for preventing sexual harassment in the workplace.

Small Businesses Most Vulnerable to Sexual Harassment Claims

In wake of the #MeToo movement, awareness of sexual harassment has increased, but not necessarily at small businesses. Unlike their larger counterparts, small businesses are more vulnerable to sexual harassment claims because they’re less likely to have formal workplace policies in place.

According to the CNBC/SurveyMonkey Small Business Survey of more than 2,000 small business owners, only half of businesses with 5-49 employees had formal sexual harassment policies in place. That number decreased to 39 percent at businesses with less than five employees. That’s a stark contrast to businesses with 50 or more employees, as 85 percent said they had formal sexual harassment policies in place.

Eleven percent of the businesses surveyed said they issued companywide reminders of their sexual harassment policies and reporting procedures as a result of the #MeToo movement and other high-profile sexual harassment accusations. Nine percent said they’ve reviewed policies regarding diversity and gender equality. Seven percent have required new or additional training, and 4 percent have issued new reporting procedures. However, 61 percent of all businesses surveyed did not take any of the above precautions.

Role of HR

Complicating matters for small businesses is that two-thirds of those surveyed lacked an official human resources professional, meaning that the business owner was responsible for handling any harassment claims.

Only 3 percent said it was the job of human resources personnel to handle harassment issues and 10 percent said they had no specified way to handle harassment at all. Without a designated, unbiased person to speak to about harassment, employees may be afraid to report it for fear of retaliation.

Protect Your Business

A lack of a formal policy and procedures for handling sexual harassment in the workplace doesn’t mean that a business owner is exempt from liability. Although federal law exempts small businesses with less than 15 employees from the requirement to have a sexual harassment policy, it’s in their best interest to establish one.

Other than the fact that state laws may have smaller thresholds for requiring a formal policy, the financial and reputational costs are too high to risk running a business without one.

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Commercial Risk Advisor - April 2018

Insurance carriers, courts and regulatory agencies will begin to examine businesses closely to ensure that they take sexual harassment seriously and take steps to protect their employees and customers.

It’s always been important to protect your business and employees from sexual harassment, but recent high-profile cases show the importance of re-examining this topic at your business. Social movements such as the “Me Too” campaign have drawn attention to sexual harassment in the workplace, resulting in a growing number of misconduct allegations. These allegations can result in a wide variety of claims and lead to serious financial and reputational damage.

Insurance carriers, courts and regulatory agencies will begin to examine businesses closely to ensure that they take sexual harassment seriously and act to protect their employees and customers.

3 Questions to Ask When Addressing Sexual Harassment at Your Business:

How do you encourage employees to report inappropriate conduct?

The best way to address sexual harassment allegations is to respond quickly. Employees should be regularly reminded that there won’t be any retaliation for reporting inappropriate behavior. You should also ensure that there are multiple ways for employees to make anonymous reports to management.

Does your employee harassment training address your workplace’s unique traits?

A standard workplace policy is a good starting point for addressing sexual harassment, but you should also think about how your employees interact with co-workers and customers.

Do your insurance policies include exclusions for sexual harassment?

Many commercial general liability policies exclude claims for sexual harassment. Although employment practices liability insurance can provide you with coverage, you also need to ensure that policy periods offer coverage throughout the statute of limitations in your area.

1 in 8 drivers are uninsured and liable for damage and medical bills, according to a new study.

Even if you don't use commercial vehicles, employees who use their personal vehicles for any kind of business-related task can put you at risk:

25% of all vehicles in the United States are used for business in some way.
The average uninsured motorist claim is almost $20,000
Most personal auto policies don't provide coverage for uninsured or underinsured drivers without an endorsement.

Uninsured drivers cause about 1 out of every 8 accidents.

3 Defensive Driving Tips That Could Save Your Life

Many jobs require employees to drive a company vehicle. While most drivers are cautious and attentive, accidents can occur without warning—even if the operator has years of experience.

When accidents happen, it can be incredibly costly for employers. What’s more, just one accident can cost employees their job or lead to serious, debilitating injuries.

One way to stay safe while you’re on the road for a job is through defensive driving. Being a defensive driver means driving to prevent accidents in spite of the actions of others or the presence of adverse driving conditions.

To avoid accidents through the use of defensive driving, do the following:

  • Remain on the lookout for hazards. Think about what may happen as far ahead of you as possible, and never assume that road hazards will resolve themselves before you reach them.
  • Understand the defense. Review potentially hazardous situations in your mind after you see them. This will allow you to formulate a reaction that will prevent an accident.
  • Act quickly. Once you see a hazard and decide upon a defense, you must act immediately. The sooner you act, the more time you will have to avoid a potentially dangerous situation.

Defensive driving requires the knowledge and strict observance of all traffic rules and regulations applicable to the area you are driving in. It also means that you should be alert for illegal actions and driving errors made by others and be willing to make timely adjustments to your own driving to avoid an accident.

Keeping in mind the above tips will not only keep you safe on the job, but in your personal life as well.

Poor indoor air quality can cause chronic headaches, allergies, fatigue and irritation of the lungs, among other symptoms.

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Trucking Risk Advisor - April 2018 Edition

New Study Shows Importance of Quality Sleep

Commercial drivers often have to work long hours in adverse conditions to meet deadlines, putting themselves and surrounding traffic at risk. According to the AAA Foundation for Traffic Safety, drowsy driving is involved in almost 10 percent of all motor crashes.

The National Institute for Occupational Safety and Health (NIOSH) recently conducted a study to determine how sleep quality affects drivers. Although the agency found that some solutions—such as team drivers working on shifts—helps drivers get more sleep, this isn’t as restful and can still lead to drowsy driving.

Although NIOSH believes that the best way to get restful sleep is to stop driving and find a stationary bed in a quiet setting, the agency also announced that it’s examining alternative methods to get quiet sleep, such as enhanced truck cabs with therapeutic mattress systems and behavioral sleep health programs.

Agriculture Truckers Granted Additional ELD Waiver

The Federal Motor Carrier Safety Administration (FMCSA) recently granted agriculture truckers a second 90-day waiver from the electronic logging device (ELD) rule. The agency originally granted these truckers an ELD waiver that expired on March 18, 2018, in order to address the unique needs of the agricultural industry. However, the FMCSA believes that it needs more time in order to publish final guidance on personal conveyance and a 150 air-mile hours-of-service exemption.

The ELD rule went into effect on Dec. 18, 2017, but violations will only affect a motor carrier’s Compliance, Safety, Accountability (CSA) program scores after April 1, 2018. For more information on the recent waivers and the ELD rule, visit the FMCSA’s website.

DOT Announces Nearly $500 Million in Infrastructure Grants

The U.S. Department of Transportation (DOT) announced that it will issue nearly $500 million in grants to 41 projects through its Transportation Investment Generating Economic Recovery (TIGER) program. According to the DOT, the TIGER program helps ensure that transparent funding is available for transportation infrastructure projects. When announcing the grants, the agency also stated that the program helps increase safety, create jobs and modernize infrastructure.

Visit the DOT’s website to learn more about the TIGER program and the recently announced grants.

Newsletter Provided by: Hierl's Property & Casualty Experts

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OSHA Safety Cornerstones - April 2018 Newsletter

IN THIS ISSUE

OSHA Delays Beryllium Rule Enforcement

The agency also clarified requirements for the construction and shipyard industries.

Majority of Establishments Failed to Submit 2016 Electronic Reporting Data

A delayed compliance date and confusion about exemptions caused many establishments to fail to report 2017 data electronically.

OSHA Releases Two New Fact Sheets on Electricity Safety

These new resources can help protect employees who frequently work around electricity and downed power lines.

OSHA Delays Beryllium Rule and Clarifies Requirements for Construction and Shipyards

Although OSHA’s final rule on beryllium exposure in the general, construction and shipyard industries became effective on May 20, 2017, the agency recently announced that it will delay enforcement until May 11, 2018. OSHA also announced that some of the rule’s requirements will vary between the three affected industries.

Beryllium is a toxic metal that’s commonly found in machine parts, electronics and aircraft. The metal is a known carcinogen and can also cause respiratory problems, skin disease and many other adverse health effects. For these reasons, OSHA has lowered the exposure limits for employers in the general, construction and shipyard industries:

  • The permissible exposure limit (PEL) of an eight-hour average has been lowered to 0.2 micrograms per cubic meter of air (μg/m3). The previous PEL was 2.0 μg/m3, a limit that OSHA found to pose a significant health hazard to employees.
  • The short-term exposure limit (STEL) over a 15-minute period has been lowered to 2.0 μg/m3.

Although the new beryllium rule contains additional requirements, OSHA will only require the construction and shipyard industries to follow the new PEL and STEL. The agency stated that employees in these industries don’t frequently work near dangerous amounts of beryllium and are protected by the safety requirements found in other OSHA standards.

General industry employers must follow these additional beryllium control methods:

  • Provide exposure assessment to employees who are reasonably expected to be exposed to beryllium.
  • Establish, maintain and distinguish work areas that may contain dangerous amounts of beryllium.
  • Create and regularly update a written beryllium exposure plan.
  • Provide adequate respiratory protection and other personal protective equipment to employees who work near beryllium.
  • Train employees on beryllium hazards and control methods.
  • Maintain work areas that contain beryllium and—under certain conditions—establish facilities for employees to wash and change out of contaminated clothing or equipment.

According to a new report from Bloomberg Environment, a majority of the establishments that were required to submit 2016 injury and illness data under OSHA’s electronic reporting rule failed to do so. OSHA expected to receive about 350,000 reports, but the agency only received just over 150,000.

The final date to submit 2016 injury and illness reports was Dec. 31, 2017, but this date was delayed a number of times as OSHA worked to build its Injury Tracking Application and improve its cyber security. Bloomberg also attributes the large number of missing reports to confusion about exemptions, as OSHA received over 60,000 reports from exempt establishments.

Under the rule, the following establishments must submit data electronically:

  • Establishments with 250 or more employees that are required to keep injury and illness records must submit OSHA Forms 300, 300A and 301.
  • Establishments with 20 to 249 employees that work in industries with historically high rates of occupational injuries and illnesses must submit OSHA Form 300A.

The final date to submit 2017 injury and illness data electronically is July 1, 2018. Beginning in 2019, data from the previous calendar year must be submitted by March 2 annually.

NEWS & NOTES:

OSHA Releases Two New Fact Sheets on Electricity Safety

OSHA has released two electricity fact sheets in order to protect employees who frequently work with electricity and power lines. According to the Electrical Safety Foundation International, electricity causes over 150 fatalities and 1,500 injuries in U.S. workplaces every year.

Here are some of the topics included in the first new fact sheet, which can provide tips for engineers, electricians and other employees who work with electricity:

  • Generators
  • Power lines
  • Extension cords
  • Equipment
  • Electrical incidents

The second fact sheet focuses on downed electrical wires and can help employees involved in recovery efforts following disasters and severe weather events.

Protecting employees from electrical hazards not only keeps your business productive, it can also save you from costly OSHA citations. The agency’s electrical wiring method standard is one of the top 10 most frequently cited standards nearly every year.

For resources that can help safeguard your business against electrical hazards, contact us today.

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Provided by Hierl Insurance Inc.


Safety Focused Newsletter - April 2018

How Indoor Air Quality Affects Health

Indoor air quality (IAQ) has a direct impact on your health, comfort, well-being and productivity. Poor IAQ can cause chronic headaches, allergies, fatigue and irritation of the lungs, among other symptoms.

What’s more, when IAQ is poor, it can have a direct effect on your productivity. If you are worried about the IAQ at your workplace, watch out for these symptoms:

  • Dryness or irritation of the eyes, nose, throat and lungs
  • Shortness of breath and fatigue
  • Nausea, headaches and dizziness
  • Chronic coughing and sneezing

If you suspect you are suffering from the effects of poor IAQ at your workplace, keep track of your symptoms and speak with your manager. As with many occupational illnesses, individuals may be affected differently.

If you are experiencing symptoms that your co-workers aren’t, that doesn’t mean an IAQ problem doesn’t exist and it’s still important to notify your employer. If your symptoms persist, consider speaking to a qualified medical professional.

3 Defensive Driving Tips That Could Save Your Life

Many jobs require employees to drive a company vehicle. While most drivers are cautious and attentive, accidents can occur without warning—even if the operator has years of experience.

When accidents happen, it can be incredibly costly for employers. What’s more, just one accident can cost employees their job or lead to serious, debilitating injuries.

One way to stay safe while you’re on the road for a job is through defensive driving. Being a defensive driver means driving to prevent accidents in spite of the actions of others or the presence of adverse driving conditions.

To avoid accidents through the use of defensive driving, do the following:

  • Remain on the lookout for hazards. Think about what may happen as far ahead of you as possible, and never assume that road hazards will resolve themselves before you reach them.
  • Understand the defense. Review potentially hazardous situations in your mind after you see them. This will allow you to formulate a reaction that will prevent an accident.
  • Act quickly. Once you see a hazard and decide upon a defense, you must act immediately. The sooner you act, the more time you will have to avoid a potentially dangerous situation.

Defensive driving requires the knowledge and strict observance of all traffic rules and regulations applicable to the area you are driving in. It also means that you should be alert for illegal actions and driving errors made by others and be willing to make timely adjustments to your own driving to avoid an accident.

Keeping in mind the above tips will not only keep you safe on the job, but in your personal life as well.

4 Tips for Safe Driving:

Avoid Distractions.

Be Alert.

Keep a Safe Distance.

Don't Speed.

Poor indoor air quality can cause chronic headaches, allergies, fatigue and irritation of the lungs, among other symptoms.

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CenterStage: Distracted Driving Awareness Month

Distraction is Deadly: April is Distracted Driving Awareness Month

In 2015 alone, 3,477 people have died and another 391,000 have been injured due to distracted driving.

Not only is distracted driving hazardous to your life, but it can negatively impact the drivers’ lives that surround you. Distracted Driving Awareness Month is an effort by the National Safety Council to help recognize and eliminate preventable deaths from distracted driving. In honor of Distracted Driving Awareness Month, this month’s CenterStage features Cathleen Christensen, Vice President of Property & Casualty at Hierl Insurance, who will provide safe driving practices and how companies can ensure their employees are using them.

What is Distracted Driving?

Distracted driving is a public health issue that affects us all. According to the National Safety Council, distracted driving is any activity that diverts attention from driving, including talking or texting, eating and drinking, talking to people in your vehicle, adjusting stereo, entertainment or navigation systems. You cannot drive safely unless your attention is fully focused on the road ahead of you, any activity that you partake in simultaneously provides a distraction and increases the risk of a crash.

Awareness for Awareness

Bringing awareness to distracted driving is essentially bringing awareness to awareness. There are three main types of distraction:

  1. Visual – taking your eyes off the road
  2. Cognitive – taking your mind off driving
  3. Manual – taking your hands off the wheel

These days, it’s so easy to be a distracted driver – from texting, to talking on the phone, or even using a navigation system. The biggest one, texting, is especially dangerous because it involves committing all three types of distraction. Some studies even say texting and driving is worse than driving under the influence. So, how can you keep your employees aware while driving?

“Several studies believe, as well as myself, that employers should prohibit any work policy or practice that requires or encourages
workers to text and drive.”

– Cathleen Christensen, VP of Property & Casualty at Hierl

But how can you really get your employees to commit to your ‘No Distracted Driving’ policy? It’s as easy as providing education and solutions. Sometimes, it’s especially effective to have your employees sign a contract stating if they need to use any form of a hand-held device, they must pull over to the side of the road. Remind your employees to drive with their devices off or on silent to keep the urge under control. Plus, several cellular devices have come out with ways to set phones to driving mode, leaving a custom voicemail to anyone who calls while an employee/employer is driving, letting the caller know they will call the caller back later.

Companies suffer from great financial loss yearly due to distracted driving. By putting these safe driving practices in place, you will save lives AND money. If you’d like to get more help on implementing a safe driving policy within your workplace, please contact Cathleen at 920.921.5921.


Safety Focused Newsletter - March 2018

Health Tips for Shift Workers

For shift workers, unconventional schedules can take a toll on health and safety. In fact, research shows that people who sleep during the day often struggle with getting an adequate amount of rest.

What’s more, workers on a shift schedule tend to have poor eating habits and lack regular exercise, which can contribute to fatigue and stress. To combat these adverse health factors, shift workers should consider doing the following:

  • Get enough rest before your shift begins. Eating well and getting plenty of exercise can help you sleep. If you are experiencing insomnia or other sleep issues, speak with your doctor.
  • Take frequent breaks. If you begin to feel drowsy during the workday, consider going for a short walk or eating a healthy snack to re-energize.
  • Hold your employer accountable when it comes to rotating schedules. Working one shift over and over can take a toll, and it’s important to have occasional variety.

It’s important to be mindful about your scheduling, and avoid permanent or consecutive night shifts whenever possible. In addition, employees should be allowed to gradually change from night shifts to normal shifts, as this gives the body time to recover and adapt to a new schedule.

Fatigue due to poor quality or lack of sleep can affect every aspect of an individual’s life, and can severely hamper one’s ability to perform at work. Speak to a doctor if you are concerned about the quality of your sleep or want more general health tips.

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CenterStage: February is American Heart Month - Are Your Loved Ones Knowledgeable?

Heart disease is the leading cause of death for men and women in the United States. Every year, 1 in 4 deaths are caused by heart disease, according to the American Heart Association.

Talking with your loved ones about heart disease can be awkward, but it’s important. In fact, it could save a life. At the dinner table, in the car, or even via text, have a heart-to-heart with your loved ones about improving heart health as a family. Engaging those you care about in conversations about heart disease prevention can result in heart-healthy behavior changes.

Source: Wellness Layers (27 June 2017). Retrieved from http://www.wellnesslayers.com/june-2017-american-heart-association-launched-its-new-heart-and-stroke-patient-support-network-and-patients-registry-powered-by-rmdy/

Here are three reasons to talk to the people in your life about heart health and three ways to get the conversation started.

Three Reasons You Should Talk to Your Loved Ones About Heart Health

#1. More than physical health is at risk

Millions of people in the US don’t know that they have high blood pressure. High blood pressure raises the risk for heart attacks, stroke, heart disease, kidney disease and many other health issues. Researchers are learning that having high blood pressure in your late 40s or early 50s can lead to dementia later in life. Encourage family members to be aware of blood pressure levels and monitor them consistently.

 

#2. Feel Younger Longer

Just as bad living habits can age you prematurely and shorten your lifespan, practicing good heart healthy habits can help you feel younger longer. On average, U.S. adults have hearts that are 7 years older than they should be, according to the Center for Disease Control and Prevention. Just beginning the conversation with the people in your life that you care about can begin to make changes in their heart health.

 

#3. You Are What You Eat

Even small changes can make a big difference. Prepare healthier versions of your favorite family recipes by making simple ingredient swaps, simply searching the internet is all it usually takes to find an easy ingredient alternative. Find a new
recipe to cook for your family members, or get in the kitchen together and you’ll finish with something delicious and possibly making some new favorite memories as well. When grocery shopping, choose items low in sodium, added sugar, and trans fats, and be sure to stock up on fresh fruits and vegetables.

Three Ways to Start the Conversation

  1. Encourage family members to make small changes, like using spices to season food instead of salt.
  2. Motivate your loved ones to incorporate physical activity into every day. Consider a family fitness challenge and compete with each other to see who can achieve the best results.
  3. Avoid bad habits together. It has been found that smokers are twice as likely to quit if they have a support system. This applies to practicing healthier practices as well. Set goals and start by making small, positive changes, chances are they may have a big difference.

The key to heart health is a healthy lifestyle. It’s important to try to let go of bad habits that increase your risk of heart disease. By setting small, achievable goals and tracking those goals, you can possibly extend your life expectancy a little bit each day.

Heart disease can be prevented by making healthy choices and consciously monitoring health conditions. Making healthy choices a topic of conversation with your family and loved ones is a great way to open the door to healthier practices in all walks of life.

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