Kentucky Insurance News

Myths and Facts About Workplace Violence

Tammy Schneider — Mon, 09 Jul 2018 14:03:00 GMT

We all worry about it and hope that it never happens where we work or where anyone we know works. But with the advent of "instant news" via cell phone videos, the internet, twitter, we can't seem to escape this sad topic. So we wanted to share this article from EMC's Corporate Security and Safety Manager, Jerry Loghry, with you. He clears up some misconceptions and offers some advise based upon his 25 years of research into this topic.

History of Workplace Violence

Myth 1: Workplace violence is a recent phenomenon. Fact: Rather, as early as 1865 a disgruntled parent attempted to bomb a school after chaining all the doors shut. There have been many other violent acts since that time. What has changed is the amount of media attention given to workplace violence.
Myth 2: The current eruption of violence is the worst in recent history. Fact: There were more violent incidents in the 1970s and 1980s than today.
Myth 3: Acts of violence are most often random mass shootings of large numbers of employees or students using a semi-automatic rifle (often referred to as an “assault rifle”). Fact: Jerry pokes holes in several parts of this statement. First, these are not typically random acts of violence because the perpetrator generally plans far in advance. And most acts of violence are directed at one or several individuals. “By far the largest threat is a disgruntled spouse or significant other,” he says. Additionally, the weapon of choice is not typically an assault rifle. Instead, it can be a knife, a baseball bat, chair, acid or a pistol (not an assault-style gun).

Preparation, Training and Actions

Myth 1: It’s possible to teach people in advance how to behave when an occurrence of violence takes place at their workplace. Fact: Jerry feels very strongly about this myth. He says, “Unless you’ve been shot at or attacked in some way previously, no one knows how they will actually respond to a violent incident. No matter how much they prepare, most people either freeze and can’t take action, or have an immediate flight reaction,” he says.
Myth 2: Fighting back is the best way to thwart a perpetrator. Fact: Most people are not capable of acting quickly enough to shoot or otherwise disable a perpetrator, Jerry says. Instead, research shows that the safest action is to barricade, lock down or hide from the violence. Fleeing is a safe option only if it’s very clear that the disturbance is far from your location. It’s often not easy to tell where the sounds of shooting or other violence are coming from. When fleeing, employees may run right into danger if they aren’t totally sure where the perpetrator is.
Myth 3: Violence drills, including local law enforcement personnel, are a good way to prepare for similar real situations. Fact: While Jerry says that such exercises are needed, they are more helpful for law enforcement personnel, and they truly don’t do much to help employees prepare. People are going to react to stress in different ways and that is hard to change with a few drills. There are safety issues when employees are running down stairways or stacking furniture. Additionally, these drills can be traumatic for employees when simulated gunfire and smoke bombs are used. “There is the possibility of injuries as well as the disturbance caused by these ‘almost real’ events,” he says. “We don’t set fires during

After the Violence: Planning Ahead

If a violent incident does occur in your workplace, you need a post-incident response plan. You need to be prepared for:

Your workplace being cordoned off as a crime scene. Depending on the level and type of violence, crime scene investigators may take over a portion — or all — of your building. It may be days or weeks before you are allowed back in. Do you have offsite backup and an offsite work location for employees? If not, you may be shut down during the time it takes for officials to investigate and clear the building for re-occupancy.
Cleaning up after the event. Once you can get back to your workplace, someone will have to repair and clean any damage and contaminants before you and your employees can move back into the area where the incident occurred.
Communicating with the public and your employees. You’ll need prepared statements for the press, your clients and employees. You’ll also need a plan on how to communicate with employees about coming back to work, the status of the building and more. If you are unable to get back into your building, your offsite emergency location should have contact info for all employees.
A long recovery period for many employees. Even if the wounds are not physical, anyone who experiences trauma will need an extended period of assistance. Work with your employee assistance program or other professionals to develop a plan for working

Article courtesy of the EMC Insurance Companies Risk Improvement Department, Des Moines, Iowa.

For more information, visit www.emcins.com and select Loss Control

Read the full article at www.bilzinsurance.com

Controlling Your Commercial Automobile Insurance Costs and Exposures

Tammy Schneider — Wed, 02 May 2018 16:33:00 GMT

WOW! We just read a report that says that 60% of company vehicles accidents occur on personal time. That's a huge percentage and is affecting the premiums everyone is paying for commercial auto insurance. What can you do to reduce this exposure and hopefully your insurance premium? First of all, you can restrict the personal use of your vehicles by your employees. Yes, they can drive it to/from work, or from home to a jobsite, but other than that, it should be parked! If not, you are exposing your company to losses that you have no way of controlling. We all want to believe the best of our employees, but realistically, we just don't know what they are doing on their own time. Another option is a Vehicle Reimbursement Program. This is a program that reimburses employees for their business use of their personal vehicle; and this leaves the employee's insurance as the primary coverage in the event of a loss. This may not be possible for contractors with employees with pickup trucks, so have your employee talk to their insurance agent to see if their insurance company offers that type of coverage on their personal auto insurance. Do you have a risk management program in place? If you do, it should include a program to verify an employee’s driving record and insurance coverage if they use their vehicle while working for you. Does it include rules about using a cell phone while driving? If you don't have a risk management program in place, start there! Most commercial insurance carriers can offer sample risk management programs that you can implement. And it costs you $0!

Read the full article at www.bilzinsurance.com

Your Employee Just Filed A Lawsuit Against You....Are You Covered?

Tammy Schneider — Wed, 28 Mar 2018 11:55:00 GMT

Do you need Employment Practices Liability coverage? The answer is probably yes. Every year there are more and more lawsuits filed against employers for charges alleging some sort of employment discrimination. Over 40% of those lawsuits are filed against smaller employers (15-100 employees). In most cases, those charges are for more than one type of violation. Those violations don't need to be true, but the lawsuits are lengthy and expensive. Allegations include discrimination based on a person's race, sexual orientation, color, marital status, creed, national origin, religion, gender, age, military service, disability or pregnancy. Those allegations are expanding as we speak. What is you have one employee defame, disparages or harasses another employee online? While the employee that made the remarks is not covered, if the co-workers sues the employer for failing to prevent the harassment, EPLI (Employment Practices Liability Insurance) may protect the employer. What about violations of the Family Medical Leave Act? What about a Data Breach and your employee claims negligence against the employer may trigger coverage under the EPLI policy. How about Alternative Work Arrangements, missed opportunities at promotion, violations of non-exempt employees working longer hours? If one of these claims falls under "wrongful acts" the employer is provided coverage under EPLI. The estimated costs to defend a case through discovery and a ruling on a motion for summary judgement can cost an employer between $75,000 and $125,000. And if you lose the summary judgement, you can expect another $175,000 to $250,000 to take a case to a jury trial. The median compensatory award if you lose is around $218,000. Can your business survive that kind of payout? Don't you at least owe yourself the time to find out what the premium would be to secure EPLI coverage? The quote is free, the lawsuit won't be!

Read the full article at www.bilzinsurance.com

Have a Company Car Provided for Your Personal Use?

Tammy Schneider — Fri, 02 Feb 2018 19:36:00 GMT

Do you have a company owned vehicle that you drive for personal use but no car of your own? If you do, you may have a serious gap in your insurance coverage. Your employer's insurance will cover you while you are driving the car for their "business", but what happens when you are using it for your own personal use or you drive someone else's car?

A basis business auto policy does not provide insurance coverage for you while you are operating a "hired" or a "non-owned" vehicle. Here is an example: You fly home for a family wedding and while there, you drive a family members vehicle to run some errands. On the way, you miss a stop sign and hit another vehicle and there are serious injuries. The car you are driving is insured, but the policy only has the minimum liability limits.

The business auto policy also does not provide medical payments, uninsured or underinsured motorists coverage for an individual's spouse or other family members. Your wife goes shopping with one of her friends in the friends car. They are struck by another vehicle and the other vehicle was uninsured. Your wife's friend carries the minimum uninsured motorists coverage offered. You and your family will bear the expenses that are over and above the limits on the friend's policy.

It also does not cover a comprehensive or collision loss to any car you hire (rental car) or non-owned car that you or your family members may drive.

Drive Other Car Coverage, an endorsement to the Business Auto Policy, is used to cover these gaps in coverage. The endorsement can provide you and your family with liability, medical payments, uninsured/underinsured motorists and physical damage coverage for the examples above.

So, if you have a company car provided for both your business and personal use, and don't have your own personal car and insurance, you may want to discuss these gaps with either your employer or your insurance agent.

Read the full article at www.bilzinsurance.com

Do You Need A Personal Umbrella Policy?

Tammy Schneider — Fri, 05 Jan 2018 14:28:00 GMT

Did you know that the "average" personal injury lawsuit award is $789,784? That's over and above what your auto or homeowners insurance policy may pay. So in most cases, we are talking close to $1,000,000 (yes, MILLION) if you injure someone in a car accident, at your home, or maybe on vacation. We believe that everyone should have a Personal Umbrella policy, but here are 5 exposures that make it even more important. Do you have a Youthful Driver? Statistics year after year show that young drivers account for 11% of all crashes. And those crashes account for 33% of deaths among 13 to 19 year olds. Are you a Successful Individual? If so, you probably have assets that need protected that you have earned through your hard work. Are you a Dog Owner? There are almost 5,000,000 dog bites a year. And while you think your dog won't bite anyone, what if they do? Dog bites account for almost 1/3 of all homeowners liability insurance claims. Do you own a Trampoline? A Pool? Have a Tree House? All of these are considered by the courts to be an "attractive nuisance", or in other words, something that children are drawn to. You may not invite them onto your property, but you are responsible if they get hurt. When you go on vacation, or have a "staycation", do you have adult toys like a snowmobile, all-terrain vehicle, dirt bike, a boat? While these items don't even come close to injuring or killing as many people as auto's do, they do represent a very large exposure that can be protected by having a Personal Umbrella policy. In 2015, the last year with complete data available, there were about 97,200 injuries that occurred while using ATV's, and on average 687 deaths occur per year. A Personal Umbrella policy can cost as low as $150 per year. To us, that sounds like a pretty good investment to protect yourself from a $1,000,000 or more loss.

Read the full article at www.bilzinsurance.com

Are Your First Aid Kits Up to Snuff?

Tammy Schneider — Thu, 09 Nov 2017 17:32:00 GMT

Did you realize that there were nearly 3 Million nonfatal workplace injuries and illnesses in 2015? Is your office or workplace prepared to provide some immediate treatment?

No one wants an employee to be injured on the job. But accidents happen and when they do, immediate treatment is often essential. A nearby helps you cope with these basic needs during an emergency. Not only is preparing for accidents a commonsense practice, having the right first aid supplies on hand also meets and ANSI/ISEA (Z308.1.2015) guidelines.

Class A vs. Class B Kits A good starting point is to check out the 2015 ANSI standards. The organization has researched common injuries and made suggestions for types and quantities of first aid supplies best suited to most organizations. The recommendations offer guidance based on the complexity of the workplace environment with two categories of kits: Class A and Class B. Kits can be purchased prestocked with items, or you can stock your own supplies using the lists of recommended items.

Class A kits include fewer items and are best for handling common injuries, such as minor cuts, sprains and eye injuries. In some industries, this kit supplies everything needed. Class B kits contain what’s needed to treat those common injuries, plus additional supplies to treat injuries that may occur in more complex or potentially dangerous workplaces, such as manufacturing plants. Below is a chart that lists the items necessary for both Class A and Class B kits.

Within each of the two classes, there are four types of containers. The type you choose depends on where the kit will be located:

Type I is usually mounted on a wall
Type II is portable for indoor use
Type III is portable and designed for both indoor and outdoor use; it can also be mounted
Type IV is for outdoor use in areas where the kit might receive rough handling or be exposed to water

Personalize Your Kits While choosing between a Class A or Class B kit, you’ll want to also delve into whether you might need any additional specialized items unique to your industry or your company.

Take these steps to help you personalize your kits:

Review your loss data, OSHA logs, incident reports and other internal records to find the most common types of accidents that occur at your workplace
Conduct a survey and identify any additional dangers your workers face
Evaluate the number of kits you’ll need based on the number of employees, the work environment, how remote the location is from professional medical care and the risk of a particular injury occurring
Consult with local fire and rescue or emergency medical professionals for additional suggestions, and consider asking them to assist with your survey and evaluation processes

Safety Is More Than a Kit The best batch of supplies and equipment is worthless if no one knows what to do with them in an emergency situation. That’s why you’ll also need to include basic first aid training as part of your safety program.

The level and type of training needed depends on the dangers that exist within your workplace. Most everyone knows how to apply disinfectant and a bandage for a minor cut, but more skills are essential for dealing with burns, sprains or other more serious injuries. As part of the education process, it’s important for employees to understand what actions they should take and those that are outside of their skill set.

It’s also critical to have a plan for coping with emergencies beyond the scope of the training your employees receive. As part of your , have emergency numbers posted and make sure employees know where the nearest hospital or emergency clinic is located.

And finally, check your kits monthly and replenish supplies as necessary. After all, if you need a bandage or splint and one’s not available, your entire emergency plan is at risk.

Article courtesy of the EMC Insurance Companies Risk Improvement Department, Des Moines, Iowa.

For more information, visit www.emcins.com and select Loss Control

Read the full article at www.bilzinsurance.com

Why Your Employees' Driving Record Can Be A Reflection On Your Company

Tammy Schneider — Tue, 07 Nov 2017 15:00:00 GMT

Have you ever wondered why your insurance carrier wants to exclude one of your employees as a driver? Did you know YOU can be held accountable if they are involved in an auto accident and injure someone when they are driving on your behalf? We wanted to share this excellent article from The Edge (http://amwins.com/insights) and it's author, "Bill McCoy, Managing Director and Underwriter with AmWINS Program Underwriters:" You’ve seen it before – a good employee makes a horrible decision in his or her personal vehicle. What are the implications for your company if the employee’s license is revoked, cancelled, or suspended due to alcohol, controlled substance or felony violations?
If the employee in question is a CDL driver, he or she will lose driving privileges for one year. But what if he or she doesn’t hold a CDL, but instead drives a sales car or pick-up truck? What if the incident involves excessive speed, reckless driving or bodily harm? What happens then?
As an employer, you are caught in the balance between a good employee and the potential for vicarious liability, which holds you responsible for the actions or omissions of another person – in this instance, your employees. As a result, you need to understand the “Doctrine of Negligent Entrustment” and the potential impact that your employees’ decisions can have on your business.
In its general form, the Doctrine of Negligent Entrustment states:
“It is negligent to permit a third person to use a thing or to engage in an activity which is under the control of actor, if the actor knows or should know that such a person intends or is likely to use the thing or to conduct himself in the activity in such a manner as to create an unreasonable risk or harm to others.”¹
The legal interpretation of the principle of “negligent entrustment” is not founded upon negligence of the driver of an automobile, but upon the primary negligence of the entruster in supplying an automobile to an incompetent driver. In other words, the employer knew or should have known of the employee’s incompetence, but in spite of this knowledge, the employer entrusted the vehicle to the driver in the scope of his work. The employer may therefore be guilty of negligent entrustment.

What can you do to protect your company?

It is important to be proactive in managing your drivers, both as part of your fleet safety program and to effectively maintain your CDL files. Below are some helpful tips for making this process easier and more efficient:
1) Develop a company policy for MVR evaluations (CDL & all other drivers) that must be signed by the employee. A minimum three-year evaluation period is effective.
2) Evaluate MVR at time of hire and annually thereafter (using a minimum time standard). 3) Establish guidelines for reporting major violations (such as DUI, reckless driving, chargeable accidents) immediately, regardless of whether the incident occurs in a personal or company vehicle.
4) Develop a company policy for personal use of company vehicles that must be signed by the employee.
5) Develop a company policy for “occasional” drivers (for example, office employees who may drive to the bank or post office during the course of their work.)
6) Develop a company policy for employees who may use their personal vehicles for company business (for example, outside sales people). Establish minimum limits that they must carry.
7) Provide driver training programs.
In addition to the above suggestions, other options may exist for managing an employee with a history of driving infractions, including placing that individual in a non-driving role. However, doing so may affect other roles and responsibilities within your organization.
As an employer, it is important to remember that the consequences of allowing an employee with a less-than-perfect driving record extend beyond a possible traffic violation or accident. Due to the Doctrine of Negligent Entrustment, an employer must be aware of the potential liability to his or her company from allowing an employee with a poor driving history to operate any motor vehicles for work purposes.

Read the full article at www.bilzinsurance.com

Why Do We Keep Talking About Cyber Liability?

Tammy Schneider — Fri, 27 Oct 2017 12:49:00 GMT

Here's why:

1) 33% of Fortune 500 Corporate executives fall for phishing attacks

2) 70% of cyber attacks target small business

3) 60% of hacked small and medium size businesses fail within six months following a breach

It's not a matter of if, but when, this will happen to you personally or to your business. Does your standard insurance policy protect you? No, it does not. Some insurance companies are now offering limited Cyber and Data Breach coverage on their policies, but it is not automatic. You need to request this coverage be added or you can purchase a separate policy that only covers these exposures for you. We want your business to succeed, don't you? #stayinbusiness #cybersecurity #databreach

Read the full article at www.bilzinsurance.com

I Just Received an MVR, Now What?

Thu, 26 Oct 2017 12:57:51 GMT

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Workplace Violence

Thu, 28 Sep 2017 15:49:07 GMT

Nearly 2 million American workers report having been victims of workplace violence each year. What can you, as their employer, do to reduce or help prevent this from occurring at your business? The number one thing you can do is to establish and enforce Zero Tolerance towards workplace violence. The United States Department of Labor can help you assess the hazards for your business and help you develop a prevention plan. Copy and paste this link in your browser to find help for reducing or preventing workplace violence at your business or workplace ....https://www.osha.gov/SLTC/workplaceviolence/
#workplaceviolence #safeplacetowork #workerscompensation

Read the full article at www.bilzinsurance.com