Loss Control

Foresight vs. Hindsight: Protect yourself from being burned

Imagine as a homeowner and family leaving your home for work and school only to be notified later in the day that your house is on fire. By the time you arrive at your home, the structure is fully involved and the fire department is on scene fighting the fire. Imagine the same scenario as a business owner closing your store at the end of the day or for the weekend and being notified that your business is on fire, with both the above scenarios resulting in a total loss.

The first and most important aspect is that there is no loss of life. Then the shock and devastation sets in. The memories, hard work, sentimental items, everything is gone and possibly all you have left is the clothes on your back. Where do you start?

As much as we do not want to think of such an incident, they occur daily. Let’s review some statistics:

• In 2008 there were 403,000 residential fires (NFPA – National Fire Protection Association)
• Every 5 minutes a business in the U.S. catches fire. 90% suffer catastrophic loss and 40% never recover (NFPA)
• 43% of US companies never reopen after disaster, and 29% more close within 3 years (NFPA)

Here are 5 steps you can take to be prepared:

1. Create emergency contact list to include: insurance company (medical policy numbers, home policy number and auto policy number), doctors, utility companies, banks, neighbors, family, etc.
2. Document and document some more… create computer file or written sheet of items in each room to include their purchase price, model and serial number.
3. Consider having artwork, jewelry and sentimental items appraised. Appraisals speed up the claims process.
4. Photograph or video tape each room of the contents. Print hard copy of the pictures to include notes on the item. Provide voice description of contents when video taping. The hard copies/disks should be stored off site.
5. Backup files created for all business files with copy maintained off site.

(The Insurance Information Insitute offers free software to help with steps 2, 4 and 5 at www.knowyourstuff.org.)

What to do in the first 24 hours after a fire:

1. Contact local disaster relief services such as American Red Cross or the Salvation Army for immediate needs such as:

• Temporary housing
• Food
• Medicine
• Clothing
• Other essential items

2. Notify of your relocation:

• Insurance agent/company
• Family and friends/business partners
• Mortgage company (inform them of the fire)
• Employer
• Children’s school
• Post office
• Delivery services
• Utility companies

3. Replace important documents:

Item	Who to Contact
Driver's license, auto registration	Department of Motor Vehicles
Bank books (checking, savings, etc.)	Your bank, as soon as possible
Insurance policies	Your insurance agent
Military discharge papers	Department of Veterans Affairs
Passports	Passport service
Birth, death and marriage certificates	Bureau of Records in the appropriate state
Divorce papers	Circuit court where decree was issued
Social Security or Medicare cards	Local Social Security office
Credit cards	The issuing companies, as soon as possible
Titles to deeds	Records department of the locality in which the property is located
Stocks and bonds	Issuing company or your broker
Wills	Your Lawyer
Medical Records	Your Doctor
Warranties	Issuing Company
Income tax records	IRS center where filed or your accountant
Citizenship papers	U.S. Immigration and Naturalization Service
Mortgage papers	Lending institution

Sources: 

www.NFPA.org

www.usfa.dhs.gov/statistics/

www.firesafety.gov

 

Effective Immediately - Federal Ban on Texting for CMV Drivers

As has been anticipated for some time, the Federal Motor Carrier Safety Administration released a "Notice of Regulatory Guidance" on January 27, concerning texting while operating a Commercial Motor Vehicle (CMV).

The guidance applies to all interstate drivers of CMVs subject to Federal Motor Carrier Safety Regulations, and is intended to prohibit texting based on existing regulations, and considers cell phones and texting devices as "additional accessories or devices". 

It is recommended that companies with CMVs review their current safety policies to ensure that this topic is addressed.  Also, it's recommended that a policy be implemented to address in vehicle driving distractions, and drivers should be trained on the new law and company safety policy.

Below is an excerpt (Question and Answer) from the official guidance publication, as well as a link to the rulemaking.  For additional help with establishing a driver distraction safety policy, consult your local Westfield Risk Control Representative.

Question 1: Do the Federal Motor Carrier Safety Regulations prohibit "texting" while driving a commercial motor vehicle in interstate commerce?

Guidance: Yes.Although the current safety regulations do not include an explicit prohibition against texting while driving by truck and bus drivers, the general restriction against the use of additional equipment and accessories that decrease the safety of operation of commercial motor vehicles applies to the use of electronic devices for texting. Handheld or other wireless electronic devices that are brought into a CMV are considered "additional equipment and accessories" within the context of Sec. 390.17. "Texting" is the review of, or preparation and transmission of, typed messages through any such device or the engagement in any form of electronic data retrieval or electronic data communication through any such device. Texting on electronic devices while driving decreases the safety of operation of the commercial vehicles on which the devices are used because the activity involves a combination of visual, cognitive and manual distraction from the driving task. Research has shown that during 6- second intervals immediately preceding safety-critical events (e.g., crashes, near crashes, lane departure), texting drivers took their eyes off the forward roadway an average of 4.6 seconds. Therefore, the use of electronic devices for texting by CMV operators while driving on public roads in interstate commerce decreases safety and is prohibited by 49 CFR 390.17.

http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/notices/Texting-by-Commercial-Motor-Vehicle.aspx

4 Ways to Minimize Equipment Thefts

According to the Nation Equipment Register (NER) equipment thefts cost business operators between $300 million and $1 billion annually. The five states with the highest frequency and costs in equipment thefts are Texas, California, Florida, Missouri, and South Carolina. These states alone account for over 39% of the total number of thefts in the nation.

Statistics show that less than 10% of stolen equipment is ever recovered, translating into significant financial losses to the construction industry.

According to an article by Ellen Parsons in EC&M Magazine “thieves usually have good knowledge of equipment operation and security weaknesses. According to NER, in some cases these are criminals who learn about equipment or who pay those in the business for help and information. In other cases, they are already familiar with equipment and see an opportunity to make more money in stealing equipment to “supplement” their existing income. Having stolen and sold one machine and found how easy it is, they continue. In fact, most arrests lead to multiple recoveries.”

Equipment theft is a crime of opportunity with low risk and high rewards. The majority of equipment theft occurs from jobsites that typically have unrestricted access, may be poorly lit, and have little or no physical protection.

Here are four simple controls that can minimize susceptibility to equipment theft:

1. Control entry and exit to project sites. This applies to the physical access to the site and verifying the background of personnel having access.
2. Maintain an inventory of equipment allocated to specific project sites.
3. Evaluate how equipment and tools are secured.
4. Enhance existing security measures. Consider increased lighting, use of surveillance camera systems, and use of on-site security personnel. New technologies are available for equipment electric system and fuel cut-offs that are highly resistant to thieves.

The following articles provide excellent insight on methods to protect your equipment and minimize the losses associate with equipment theft.

http://ecmweb.com/vdv/electric_heavy_equipment_theft/http://ecmweb.com/vdv/electric_heavy_equipment_theft/

http://www.utilitycontractoronline.com/featurestory/2010/01-10-featurestory2.html

http://www.travelers.com/iwcm/Business/RiskControl/home/Documents/2009-12%20p74_Risk_Mgmt.pdf

Written by John Gumbrecht

Heavy Equipment and Farm Equipment Resources

If you are in the market to purchase used construction or farm equipment there is a great resource you can go to for verification on whether a specific piece of equipment is stolen.  The National Equipment Register has over 85,000 pieces of stolen machines registered in their database. 

 

A simple inquiry to “IRONcheck” can get you information quickly on a piece of equipment you are looking to buy.  I would encourage anyone that is in the market place to go to the following website for further information: www.ironcheck.com/

 

The National Equipment Register is also a great resource to refer to.  They have information related to Theft Recovery and Risk Management.  You will find their site to contain useful information on heavy equipment theft.

 

www.nerusa.com/

 

About the Author:  This blog post is authored by guest author Dan Cieslak, a Claim Account Manager for Westfield Insurance. Dan is based out of our Lake Mary FL office but his territory is basically the footprint of Westfield. He oversees some of the largest accounts Westfield has. Dan has 35 years of claim experience primarily in the Mid Market and Special Risk arena His professional designations include a Senior Claims Law Associate from the American Educational Institute.

Temporary Traffic Control Considerations for Contractors

Guiding traffic around/through road construction projects is a risky task. Thousands of motorists are killed annually in work zones, as are hundreds of construction employees (not to mention over 20,000 worker injuries per year per Bureau of Labor Statistics (BLS) data). There are several factors for this, the most frequent from a motorist standpoint being speeding (the #1 reason) and driver inattention (e.g. cell phones).

 

There is no question that many motorists could benefit from defensive driver training every now and again, but what can a contractor do to prevent their employees from being injured/killed at a roadside construction project?

 

It always helps to begin with acknowledging the situation or conditions at “the workplace” (the construction site). Construction employees work in conditions of low lighting, low visibility, inclement weather, and often in congested areas with exposure to high traffic volume and speeds.  What’s more- the work environment changes daily if not several times each day.

 

Since this is a blog, we can’t go into much detail, however, a few considerations of reducing risk and protection of workers at roadside construction sites include the following:

v      Manual for Uniform Traffic Control (MUTC): This is the “bible” of traffic control. It is published by the US Department of Transportation and can be downloaded for free at http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm. The manual is updated every few years, the most recent update being published just last month (Dec 2009). This manual contains over 800 pages and includes hundreds of illustrations. “Part 6” is the section that specifies details for temporary traffic control (TTC). It goes into detail with regard to signage, placement of signs, barriers, escape routes, and other physical requirements. Chapter 6E states the requirements for flaggers. All states have adopted MUTC, however, several states have elected to add supplemental regulations. Check with your state DOT for details (their website is typically the most efficient means of acquiring this information).

v      Flagger Considerations:  In many states, there is a requirement for flaggers that control traffic to be “certified” (required to participate in a minimum type and length of training). In my home state (NC), there is not currently a requirement for certification. Really, when you think about how many occupations require some level of training/certification, this may sound unbelievable. MUTC does require, however, that the person in charge of the TTC is required to be “trained” and/or “certified”. A few years ago, the National Institute for Occupational Safety and Health (NIOSH) put together some recommendations after an extensive study of work zone safety.

            In summary, flagger considerations should include the following:

Ø       Train all flaggers consistent with their level of responsibility and work zone conditions. Flaggers should know the traffic flow, the work zone setup, and proper placement of channelizing devices. There should be a briefing daily before work begins.

Ø       Assign each flagger responsibility for monitoring operations in his or her immediate work area. Authorize flaggers to recommend to the traffic control supervisor that operations be temporarily halted and the hazard corrected when they see a hazard threatening the safe movement of traffic through the work zone. Authorize flaggers to halt operations in the event a hazard arises and the traffic control supervisor is not in the immediate area.

Ø       Train flaggers to maintain sufficient distance from other highway workers, so that they can be identified by passing motorists.

Ø       In the event multiple flaggers are required, ensure they have the appropriate sight distance or two-way radios to communicate effectively.

Ø       Avoid using flaggers whenever possible. Use alternative traffic management systems such as lane shifts, portable traffic signals, or remote signaling devices operated by workers away from the flow of traffic.

Ø       Use alternatives to flaggers when traffic control is required under hazardous conditions such as high traffic speeds, inclement weather, night work, and other conditions which limit visibility.

Ø       Develop flagger training program(s) that provide core competencies and are flexible enough to address varying work situations (in other words- “certification”). 

Ø       This goes without saying, but requiring the appropriate reflective vests/equipment is vital (ANSI/ISEA 107–2004 publication entitled “American National Standard for High-Visibility Apparel and Headwear” and related ANSI standards should be consulted/adhered to). Equipment is also detailed in the MUTC. Since technology/equipment changes frequently, it is important to adhere to the latest standards (in this case the 2009 edition).

v      Illumination:  This deserves a separate “bullet”, since this is one of the most prevalent causal factors of accidents in construction work zones. There are also changes in the 2009 MUTC guidelines, and OSHA is taking a closer look at lighting requirements (“foot-candles”) of sites.  State Departments Of Transportation (DOT) are requiring more work to be done at night, so obviously this becomes an even greater consideration.

 

For additional reading, consult http://mutcd.fhwa.dot.gov/index.htm and http://www.cdc.gov/niosh/topics/constructionsafety/. The AGC (http://www.agc.org/) and http://www.nuca.com are private construction associations that not only publish excellent information for members, but have training and other related resources for businesses.

 

REF: 

Bureau of Labor Statistics (BLS) data

National Institute for Occupational Safety and Health Building Safer Highway Work Zones

Reducing Injuries - 3 Practices that Really Work

Based on having worked in the manufacturing sector for many years and having conducted numerous training sessions, plant safety practice reviews and accident investigations, the most noted - and common - cause of such injury/illness was simply the unsafe act. In most cases that the injured person knew of the hazard(s) yet disregarded it (them) at their own peril. There are of course plenty of ways to communicate safety practices; however, and as we all know, short term memory is the enemy.

 

Machine guarding, lockout tag-out, hazard communications (Right to Know) and other OSHA-compliance standards are, as well all know, minimum requirements. Good management tools include a job hazard analysis  and annual Personal Protective Equipment (PPE) hazard analysis in the workplace.

 

While there's no shortage in the availability of PPE (where engineering controls cannot be applied), there are 3 practices that really work:

 

1. Constant discussion.  Continuously remind employees of safety standards. To keep it at the forefront of employees' minds, consider (with consent) photos of employees working safely; discussion of observations at meetings; posted notices on machinery depicting needed PPE. I once photographed employees doing things right - and doing things wrong - and shared at a team meeting. The employees got a kick out of seeing themselves and it drove the point home.

 

2. Maintain dutiful and rigorous safety observations. The worn-out cliché of "inspect what you expect" still applies. Use the code word "ABBI" for above, below, behind & in between.  Common areas to observe are:

• Machine guarding
• Electrical hazards
• Slip/trip opportunities
• Chemical storage and labels
• Emergency equipment
• Exits and exit pathways
• Waste containers

3. Reward safe behavior with small incentives.  Positive reward for working safely often gains buy-in, and can help with #1 by bringing attention to the issue.  Was the employee safely protected? Was the container in use properly identified?

Work the problem - it can be solved.

 

Westfield's loss control team can assist you along the path to safety. If you have ideas that have helped improve safety in your workplace, please share by posting a comment.  

New Safety Measurement System - CSA2010

The Federal Motor Carrier Safety Administration (FMCSA) will be initiating a Safety Measurement System (SMS) k/a Comprehensive Safety Analysis (CSA2010).  This new Safety Measurement System will replace the current SafeStat.  The new safety analysis system is designed to improve large truck and bus safety and will take effect the summer of 2010.

The CSA2010 analysis system will identify safety problems and determine which carriers to investigate and where to focus their investigation and intervention. The CSA2010 On-Road Safety Performance Measurement System will include the carriers, unsafe driving, drivers fatigue, driver fitness, drugs and alcohol, vehicle maintenace, loading / cargo securement and crash history.

FMCSA and their State Partners will use the results of the Safety Measurement System the determine the fitness of the carrier.  The Safety Fitness Determination (SFD) Methodology will include the use of the on-road performance and the results of all investigations. The results of the SFD could result in a Intervention with the carrier. This intervention could include Early Contact, Investigation and Follow-on.  Early Contact could result in a warning letter. Investigations could be on or off site and Follow - on could result in a Cooperative Safety Plan. 

The ultimate purpose of this new safety measurement system is to determine the unsafe truck and bus carriers and make the highway safe for everyone.   If you want additional information regarding the CSA2010 you can find it in the following website. http://csa2010.fmcsa.dot.gov

Have You Updated Your Labor Law Posters?

During 2009, there were three major federal law changes that took effect:

1.  January 16, 2009 - The final ruling went in to effect amending the Family Medical Leave Act of 1993. The law now includes leave benefits for military service.  http://www.dol.gov/whd/fmla/index.htm   or http://losscontrol.westfieldinsurance.com/2009/01/new-fmla-rules-effective-january-16th.html

2. July 24, 2009 - The federal minimum wage increased to $7.25. http://www.dol.gov/whd/fmla/index.htm  Or http://losscontrol.westfieldinsurance.com/2009/07/federal-minimum-wage-laws-change-july-24-2009.html

3. November 21, 2009 - The Genetic Information Nondiscrimination Act of 2008 took effect.  You can learn more by visiting this link - http://www.genome.gov/10002328

Be sure to check that your labor law posters are current and reflect the three changes noted. 

You can learn more about U.S. Department of Labor workplace poster requirements and also download electronic copies of these posters at:

http://www.dol.gov/osbp/sbrefa/poster/matrix.htm

You can also call the U.S. Department of Labor and order posters directly by calling 1(800) 4-USA-DOL.

Have a Safe Holiday Party

According to the Insurance Information Institute (III), several states have passed Dram Shop Liability laws, which make it possible to hold anyone who serves alcohol to an intoxicated or underage person responsible for damage or injury caused by these same individuals.  Those who serve the alcohol may be sued, and could also be subject to criminal charges.  The III also noted that if you are throwing a party where alcohol is served, you have a responsibility to make sure that your guests are capable of driving safely. You don't want to allow anyone who has been drinking to drive home and possibly kill or injure themselves or others on the road. ¹

Thefore, if you host a holiday party, keep these tips from III in mind:

Encourage guests to pick a designated driver who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.

• Consider hiring a professional bartender. Most bartenders are trained to recognize signs of intoxication and will limit consumption by partygoers.

• Be a responsible host and or hostess. Limit your own alcohol intake so that you will be better able to judge a person's sobriety.

• Offer non-alcoholic beverages and always serve food. It is proven that food can help counter the effects of alcohol.

• Do not pressure guests to drink or rush to refill their glasses when empty. And never serve guests who are visibly intoxicated.

• Stop serving liquor toward the end of the evening and switch to coffee, tea and soft drinks.

• If guests drink too much or seem too tired to drive home, call a cab, arrange a ride with a sober guest or have them sleep at your home.

• Encourage all your guests to wear seatbelts as they drive home. Studies show that seatbelts save lives.

 

¹ Source:  NU Online News Service, Dec. 21

Ready for Winter Weather?

 Courtesy of http://www.weather.gov/os/winter/index.shtml

Did you see the airline cancelations up in the Northeast, and even as far south as the Carolinas this past weekend?   Even winter weather has created havoc in Europe. 

Well, get ready!  NOAA, the National Oceanic and Atmospheric Administration, predicts some areas of the country will have a warmer than normal winter temperatures, while others will have below-average temperatures and above-average precipitation.  To find out about your area of the country, go to NOAA's website page for the winter outlook.

According to the NOAA, below are some Winter Weather Tips to follow to protect you, your employees and your family:

Make sure to have…

• First aid supplies.
• Flashlight, battery powered AM/FM or NOAA weather radio, and extra batteries.
• Extra food and water. Have high calorie foods that require no cooking or refrigeration.
• Extra medicine and items to take care of infants and the elderly.
• Emergency heating source, such as a fireplace, wood stove, or space heater.
• Heating fuel. Fuel carriers may not be able to reach you for days after a winter storm.
• Fire extinguisher and smoke alarm.
• Shelter, food, and water for any pets.

In Vehicle Safety...

• Make sure to fully check and winterize your vehicle before the winter season.
• Always check the latest weather reprts and forecasts before heading out on the road
• Plan out your tip and let someone know your timetable, primary and alternate routes.
• Never let your gas tank get close to empty, to avoid ice in the tank and fuel lines.

Always carry a WINTER STORM SURVIVAL KIT!

• Compass and road maps
• Mobile phone, charger and batteries
• Blankets/sleeping bags, and extra clothes
• Flashlight and extra batteries
• First Aid kit
• Water
• Sand or cat litter for traction and a shovel
• Windshiled scraper
• Tool kit, knife, batter booster cables and tow rope
• Sand or cat litter for traction and a shovel

Winter weather tips for children can be found at http://www.aap.org/advocacy/releases/decwintertips.cfm

To learn more winter weather tips, go to http://www.bt.cdc.gov/disasters/winter/takesteps/ 

Learn what you should know for winter safety at http://www.weather.gov/os/winter/index.shtml

Learn your Winter Weather terminology at http://www.noaanews.noaa.gov/stories/s794c.htm 

 To learn more about the Winter Solstice, go to http://www.timeanddate.com/calendar/december-solstice.html