Don’t Punish The Messenger

»Posted on Apr 24, 2017 in Compliance, Mitigating Liability, Safety | 0 comments

Last May, the Occupational Safety and Health Administration (OSHA) published a final rule that improves tracking of workplace injuries. The first deadline to electronically submit your 2016 Form 300A is July 1, 2017. The rule does not change any forms that must be submitted manually. Employers with locations of 250 or more employees and those with at least 20 employees in high risk industries must comply. The term “high risk” is broad. Examples of high risk industries include grocery stores, direct selling establishments, museums as well as medical hospitals and manufacturing. OSHA provides a list of high risk industries by NAICS (North American Industry Classification System) code. This new rule impacts employers whether your company is a high risk industry...

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Sobering Party Protocol

»Posted on Dec 2, 2015 in Mitigating Liability, Newsletters, Safety | 0 comments

It is the time of year to thank your employees for their effort with holiday cheer. Before you pop open the champagne, review your social host liability coverage in your general liability policy. Social Host Liability expands the legal responsibility for the consumption of alcohol beyond the person who consumes it to those who furnish it. An intoxicated employee who injures someone is still liable and may share that liability with his or her employer who hosted the event. Limit your host liability by establishing limits upfront. Employers cannot rely on Worker’s Compensation coverage for a party injury. The Act protects work related injuries, not injuries related to social or recreational activities. Limit alcohol...

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All Too Commonplace

»Posted on Oct 8, 2015 in Civility, Mitigating Liability, Newsletters, Safety | 0 comments

News of the deadly rampage killing ten people at Umpqua Community College in Roseburg Oregon joined the mass shooting headlines with the nine killed in a biker brawl and another nine killed in a church earlier this year. The statistics of mass shootings continue to climb with two more recorded by Mass Shooting Tracker as this article is written. Four more people were killed and five more were injured in these two incidents since the Oregon shooting. The Federal Bureau of Investigation (FBI) defines mass killing as four or more victims resulting in a lesser statistic. The FBI investigated 172 mass killings between 2006 and 2011. Family killings account for 53%, public killings 15% and robbery/burglary 11% leaving 21% unknown. Mass killings involve a gun 77% of...

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What’s Your Secret?

»Posted on Mar 6, 2014 in Mitigating Liability, Newsletters, Safety | 0 comments

Thumb drives, cloud computing and personal devices have created easy ways to transport trade secrets, confidential, and proprietary information. The most common cases involve former employees taking information to new employers, your competitor. However, there’s a growing market of end users willing to pay for or trick employees into releasing confidential information. The first step employers should take is to deter- mine what should be protected. Next, refine policies to include those specifics, such as client names and contact information, sources for supplies, proprietary processes or formulas. Non-disclosure agreements benefit by including these specifics, not only because they are more likely to be upheld; but because it clarifies expectations....

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Driving While Distracted

»Posted on Jan 4, 2012 in Mitigating Liability, Safety | 1 comment

The National Highway Safety Administration (NHTSA) estimates 25% of automobile crashes are caused by cellphone usage distracting the driver. The New England Journal of Medicine published a study in 1997 that concluded the risk of using a cellphone while driving was similar to driving while intoxicated. Cellphone use while driving has been a criminal offense in Great Britain since 2003. Usage in Japan may result in imprisonment. Only a few states in our country have prohibited any hand-held cellphone usage while driving. However, the majority of the states, including Indiana have banned texting while driving. The U.S. Secretary of Transportation, Ray LaHood stated, “Distracted driving has gone from a dangerous practice to a deadly epidemic.” Some studies show...

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