Helping Employees Make Their Comeback After a Work-Related Injury or Illness

The fallout from an extended injury or illness can devastate employees and their families financially, physically and mentally.  Trying to live on decreased income from a workers’ compensation claim, coupled with family members having to take on additional responsibilities the disabled person cannot perform, can put a real strain on relationships.  As time passes, the additional problem of becoming increasingly isolated from their former life raises tension levels in an already highly charged situation.

This scenario occurs more often than you might think. According to the U.S. Bureau of Labor Statistics, in 2002, a total of 1.4 million injuries and illnesses in private industry required recuperation away from work beyond the day of the incident.  What’s even more surprising about the Bureau’s findings is that injuries and illnesses to workers aged 20 to 44 accounted for 64 percent of all injured workers.  Workers aged 65 and over accounted for only 1.7 percent of total injuries and illnesses.  The fact that the majority of workers on extended leave are workers who will need to return to work clarifies how important setting the stage for their comeback really is.

Leslie Yerkes, an organizational behaviorist and president of Cleveland, Ohio-based Catalyst Consulting Group, Inc. notes, “Finding and keeping good people provides a competitive advantage for organizations.  So, keeping the bond strong when employees are on family leave, working virtually or out on workers’ compensation is critical to not losing that employee to a competitor and to facilitate a rapid and smooth transition back into the workplace.”  She recommends the following steps for maintain a strong connection and facilitating a smooth re-entry:

  • Clarify expectations with the employee early on as to what they can and want to do.  If job reassignment will be necessary upon their return, let them know that you are willing to explore possible options.  Get a feel for the kinds of jobs they might be interested in and realistically explore how and where they can fit in.
  • Assign a communication buddy to the individual who can commit to having a regular weekly update conversation with the absent employee.  Make sure that the employee has a means to receive critical information while absent from the organization.
  • Include the absent employee via phone teleconferencing in key events that will affect them directly.  This is critical when it comes to changes in company/departmental policies or revisions in work floor procedures.  You don’t want an employee to return to work only to be reprimanded the first day back for violating a policy change that they were unaware of.  It increases the feeling that they have been left behind.  Those negative feelings might continue to grow until the employee feels compelled to find another job.
  • Encourage the work group to stay connected and communicate to the disabled employee that they care about their recovery.  It’s like Hallmark always says, “When you care enough to send the very best.”  Make sure an absent employee knows that they are truly missed by their co-workers. And most importantly, make sure the employee knows that their bosses are among those people!

The lesson to be learned from all of this is simple.  Transitioning back into the workplace begins as soon as the employee starts their leave.  If you plan for their re-entry from the outset, it will be as seamless as it should be.

Taking the Worry Out of Using the Internet

Asset protection is a major consideration for any business.  As you well know, assets come in both the tangible and intangible variety.  And when you talk intangibles, the first thing that usually comes to mind is data.

The majority of companies doing business today rely upon the Internet.  While it has opened up global-sized opportunities, it has also exposed businesses to proportionate risk.  Understanding what the risks are and managing them is crucial to a company’s survival.

Depending upon your exposure, your standard property and commercial general liability insurance may not adequately cover the risks of an external cyber attack or network security failure due to natural causes.  If your business is heavily dependent upon Internet usage or if your company performs the majority of its basic functions electronically, you may want to consider specialized cyber-risk coverage as a stand-alone policy.  Each policy is geared to specific company requirements, including the technology being used and the level of risk involved; and both first- and third-party coverages are available.

Typical aspects of coverage include:

  • Loss/Corruption of Data – This coverage deals with damages to or destruction of vital information resulting from viruses or malicious code.
  • Business Interruption – If a company’s network is attacked and that attack limits its capability to conduct business, the loss of income is covered.  Coverage also includes extra expenses, forensic expenses and business interruption losses.
  • Liability – This coverage includes legal defense costs, settlements, judgments and, in certain circumstances, punitive damages that a company may suffer as a result of breach of privacy due to theft of data; transmission of a computer virus which causes financial loss to third parties; a breakdown of security which results in network systems being unavailable to third parties; providing IT professional services; and allegations of copyright or trademark infringement, libel, slander or defamation in the company’s Web site.
  • Cyber Extortion – This covers the resolution of an extortion threat against a company’s network, and the cost of hiring a security firm to track down and negotiate with blackmailers.
  • Public Relations – This covers those costs associated with restoring public confidence in the company after a cyber attack.
  • Cyber Terrorism – This coverage includes terrorist acts covered by the Terrorism Risk Insurance Act of 2002 (TRIA) and, in some instances, it may cover terrorist acts beyond those stated in TRIA.
  • Identity Theft – This provides access to an identity theft call center to report stolen customer or employee personal information.

The cost for coverage varies with the type of coverage required. A company can purchase a policy that covers a limited number of threats to its system’s integrity for a few hundred dollars, or it can spend thousands of dollars on a policy that covers the gamut of high-tech dangers.  It is generally believed that cyber insurance policies will become less expensive as they become more widely needed.

Stress Management Programs Decrease Worker Illness, Increase Productivity

Lowering the stress level of your corporate environment may not only improve your employees’ well being but also boost your bottom line.  The demands on today’s workers are increasing and along with it, workplace stress.  Decreased productivity and morale and increased sickness, absenteeism and accidents are just a few of the side effects that can be counteracted by making yours a “healthy organization.”

Job stress, as defined by the National Institute of Occupational Safety and Health (NIOSH), is the harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities of the worker.  A stressful corporate environment should not be confused with a challenging work environment, which can actually energize employees to master new skills.  When, however, the job demands cannot be met, the excitement of challenge turns to exhaustion and stress. 

Stress causes the body to go into its programmed, biological “fight or flight” response where the nervous system is aroused and hormones are released.  Unresolved stressors keep the body in this activated state leading to physiological wear and tear.  Some of the early signs of job stress include mood and sleep disturbances, upset stomach and headache, and disturbed relationships with family and friends.  This sets up a scenario for increased illness and accidents.  In fact, the Journal of Occupational and Environmental Medicine reports that health care expenditures are nearly 50 percent greater for workers who report high levels of stress. 

Both working conditions and worker characteristics cause workplace stress.  It is true that what is stressful for one person may not be for another. However, scientific evidence suggests that certain working conditions, such as excessive workload demands and conflicting expectations, cause stress to most people. 

NIOSH researchers examined so-called “healthy organizations,” or those that have low rates of illness, injury and disability and are also competitive in the workplace.  NIOSH found that these companies have the very positive combination of low-stress work and high productivity.  Specific organizational characteristics that were identified included recognition of employees for good work performance, opportunities for career development, an organizational culture that values the individual worker and management actions that are consistent with organizational values. 

While it is helpful to provide stress management training and employee assistance programs to help your employees cope with difficult work situations, also implementing organization change to become a more “healthy organization” has been shown to cause the most direct, long-lived results. 

To create a “healthy organization,” NIOSH suggests that companies:

– Ensure that workload is in line with workers’ capabilities and resources;

– Design jobs to provide meaning, stimulation and opportunities for workers to use their skills;

– Clearly define workers’ roles and responsibilities;

– Give workers opportunities to participate in decisions and actions affecting their jobs;

– Improve employee communications;

– Provide opportunities for social interaction among workers; and

– Establish work schedules that are compatible with the demands outside the job.

There is no one-size-fits-all program to achieve these goals.  Factors such as the size and complexity of the organization as well as available resources and unique types of organizational stress must be considered.  In all situations, however, the process for developing effective stress prevention programs should include problem identification, intervention and evaluation.  Employers can either hire outside consultants or work through the process internally. 

In the identification stage, information should be gathered about employee perceptions of their job conditions and level of stress and satisfaction.  This can be accomplished through group discussions or formal surveys.  If possible, objective measures such as absenteeism, illness and turnover rates should also be considered.  The collected information should help identify the offending job conditions and the location of stress problems.

Next a set of intervention strategies should be designed and implemented.  Before any intervention occurs, employees should be informed about the changes.  The last step is evaluation to determine if the desired effects are being achieved.  Interventions should be evaluated on both a short and long-term basis as some steps may produce initial effects but not long-lasting change.  To create true and permanent organizational change, evaluation must be a continuous process.

Is Stress a Ticking Time Bomb in Your Company?

There seem to be very few constants in modern life; but one thing we’re able to count on is that stress is a normal part of our world.  It permeates almost every part of our lives and sometimes the best we can hope for is to keep it under control.

Finding ways to keep stress under control is a major priority for business owners when they are developing their Human Resources policies.  The Centers for Disease Control and Prevention (CDC) and the Bureau of Labor Statistics (BLS) have researched how much time is lost at the workplace due to employees missing work to deal with stress and anxiety disorders.

When compared with all nonfatal injury and illness cases, the anxiety, stress, and neurotic disorder cases involved a higher percentage of long-term work loss.  In 2001, 42.1% of these cases involved 31 or more days away from work, with the average number of days lost totaling 25.  Compare that to the average number of days lost for all other nonfatal injury and illness cases, which was 6.

There is also the issue of compensation claims that are filed for stress-related illnesses. An employee cannot sue in court for these types of claims if the stress is the result of the ordinary course of work.  However, if the employee can prove that the stress is the result of on the job harassment or discrimination, they can then pursue that claim in court.

If an employee is filing a stress claim that cannot be litigated, they have two options.  If they are seeking a monetary award, they file through workers’ compensation.  In this instance, they must prove that the stress has risen to a level, which makes it impossible for them to continue to work.

If they are merely seeking unpaid leave, they file under the Family Medical Leave Act (FMLA).  Under this statute, they must prove that the level of stress is high enough to meet the definition of a medical condition as outlined in the Family Medical Leave Act.  This may or may not be the way it is defined by the American Medical Association.  If they prove their case, they are entitled to three months leave.  Keep in mind that your company must have 50 or more employees for one of your staff members to file under the FMLA.

For companies with 15 to 49 employees, workers can file stress claims under the Americans With Disabilities Act (ADA).  They can be awarded leave time sometimes over and above what FMLA provides.  However, historically the courts have not been welcoming of stress-related claims filed under the ADA unless the employee can prove discrimination.

What can you as an employer do to lessen the number of stress-related claims?  Begin by making the fair treatment of employees at every level a cornerstone of your Human Resources policy.  You should also be sure that your Human Resources Department has an open-door policy when it comes to employee grievances.  This means that employees can file complaints or grievances against any member of the staff without fear of retribution.  Finally, consider instituting an employee counseling program managed through your health insurance carrier.

The importance of any steps you take to alleviate workplace stress will be of special importance if you are hit with a stress-related claim.  Documentation is key to winning such a case.  The other important factor in your success is turning over the claim to your workers’ compensation carrier in a timely manner to give them as much time as possible to investigate the legitimacy of the claim.

Protect Your Company from Identity Theft Liability

If your business does not properly dispose of personal information from customers or employees you could be fined, sued or involved in a costly class action lawsuit.  Effective June 1, 2005, the new strict information Disposal Rule changed the way nearly every business in the United States must handle sensitive personal information. 

Identity theft is the fastest growing crime in America.  The Federal government has recognized that improper disposal of sensitive information is a key cause of identity theft and is firm in its commitment to prevent identity thieves from obtaining personal information. 

The Fair and Accurate Credit Transactions Act is an amendment to the Fair Credit Reporting Act.  The new Disposal Rule portion of the law requires companies to properly dispose of all paper or electronic personal data by reasonable measures such as shredding or burning for paper records.  Third party companies that specialize in proper information disposal can be contracted to handle this responsibility.

If you do not comply with the new Disposal Rule, your company could be subject to civil liability for actual or statutory damages as a result of your inaction leading to the identity theft; class action lawsuits, if a large number of employees or customers are involved; and federal fines of up to $2,500 for each violation, and state fines of up to $1,000 for each violation.

When implementing information disposal practices, consider the following:

– Have a valid reason for requesting the information that you gather.

– Acquire data in a private manner that cannot be seen or overheard.

– Install effective security on systems that store personal data.

– Make sure that sensitive data is treated as highly classified and is access controlled.

– Make all paper and electronic documents unreadable before disposing of them.

– Train all personnel in proper procedures for identifying, handling and disposing of personal information.

– Consider conducting background checks on all employees with access to identifying information including mailroom staff, clean-up crews, customer service technicians and temporary workers.

– For your protection in case of a lawsuit, formalize your information disposal program including maintaining detailed documentation of each security measure you establish.

Should Your Business Be Concerned About Silica Lawsuits?

In America, asbestos litigation has become a huge problem for both businesses and insurance carriers. According to a study released in May 2005 by the RAND Institute for Civil Justice, more than 730,000 people filed claims for asbestos-related injuries from the early 1970s through 2002.

The study also stated that the number of asbestos claims increased dramatically through the 1990s and into 2002 because of suits filed by people who are claiming non-cancerous injuries. These cases account for 90 percent of all new claims, adding to the large numbers of asbestos litigation brought by the cancer-stricken.

In the midst of this there is a new threat that promises to be as big a player in the litigation arena as asbestos has been. That threat is silica.

Silica is a major component of sand, rock and mineral ores. Overexposure to dust containing microscopic particles of crystalline silica can cause scar tissue to form in the lungs. The scar tissue reduces the ability of the lungs to extract oxygen from the air. This condition is called silicosis, which is disabling, nonreversible and sometimes fatal.

According to A Guide To Working Safely With Silica, published by the National Institute for Occupational Safety and Health (NIOSH), “Each year, more than 250 American workers die with silicosis. More than 1 million U.S. workers are exposed to crystalline silica. There is no cure for the disease, but it is 100 percent preventable if employers, workers and health professionals work together to reduce exposures.”

Working in a dusty area increases the possibility of your employees becoming exposed to silica as does working in certain occupations such as construction, mining, foundry work, glass manufacturing and stone cutting.  Despite the occupation, following some basic procedures can reduce silica exposure:

  • Be sure that employees use the engineering controls you have installed to reduce silica dust levels, and make sure they are properly maintained.  Employees should report any malfunction immediately.
  • Minimize dust by following good work practices, such as removing dust with a water hose or a vacuum with a high-efficiency particulate filter rather than blowing it clean with compressed air. Wet sweeping is preferable to dry sweeping.
  • Use less hazardous materials than crystalline silica for abrasive blasting.
  • To reduce exposures below permissible levels, insist that employees wear and correctly use approved particulate respirators when engineering controls alone are not adequate.
  • Remind employees that facial hair interferes with the respirator seal to the face, making most respirators ineffective.
  • If you must sandblast, use type CE positive pressure abrasive blasting respirators.
  • Participate in air monitoring, medical surveillance, and training programs.

As important as it is to monitor silica exposure on the jobsite, it is just as important to monitor your employees to see if they are practicing good silica hygiene before, during and when they leave work. Train them to change into washable work clothes on site. If possible, provide them with a shower so that they can wash and change into clean clothing before leaving. Insist that they avoid eating, drinking, or using tobacco products in work areas where there is dust or other toxic materials.  Most importantly, they should wash their hands and face before eating or drinking.

To further help you prevent silica exposure; OSHA has developed The Silica eTool. It includes current information that will assist businesses owners in identifying potential silica hazards by choosing correct sampling and analytical techniques, comparing monitoring results with acceptable exposure limits, and selecting appropriate control options. To download it, log on to http://www.osha.gov/SLTC/etools/silica/index.html.

Sexual Harassment and Its Damaging Effects for Your Workplace

When sexual harassment occurs in the workplace it is emotionally traumatizing to the victim.  In addition to this, news of the harassment creates a negative workplace environment, can lead to health problems for the victim and can compromise workplace safety.  Financial losses can also directly and indirectly impact companies resulting from absenteeism, decreased productivity, increased healthcare costs, low morale and high employee turnover.  Under the Civil Rights Act of 1964, the employer and their employee can both be held liable for the sexual harassment

Understanding sexual harassment is the first step in preventing it.  Sexual harassment is a pervasive problem and reports reveal that it is on the rise.  In fact, one in four women will reportedly experience sexual harassment on the job.  One in eight men file a sexual harassment claim.

The definition of sexual harassment is evolving and now broadly includes any form of sexual conduct that interferes with work performance or creates an intimidating, hostile or offensive work environment. 

Sexual harassment can occur by men towards women, women towards men or among members of the same gender.  The harasser does not need to be the victim’s superior.  It can occur between co-workers or even those who do not work for the same company.  The abuse can be physical, verbal or even more conspicuous such as exposing others to offensive photographs.  Even sexual banter, pranks or remarks can be construed as sexual harassment if someone finds them offensive. 

Because sexual harassment has become so widespread the OSHA has taken notice and classified it as a form of workplace violence because of the health and safety effects involved.  These can include a variety of physiological ailments for the victim ranging from headaches and stomach problems to increased risk of heart attack.  Victims also often find it difficult to focus on performing their tasks safely and correctly due to increased stress.  Also, when involved in a pattern of intimidation, victims often receive inadequate training and may even be reluctant to raise valid safety issues for fear of further ridicule.

The best way to eliminate workplace sexual harassment is to create a workplace environment that discourages it.  Employers should make it clear that sexual harassment will not be tolerated.  To further discourage sexual harassment and to stop it quickly if it does occur, companies should establish a complaint process and always respond promptly and appropriately to such grievances.

Subcontractor Default Insurance: Don’t Take the Fault for Their Default

If you are a general contractor for a big-budget construction project, you know you’re going to have to hire a number of subcontractors to help bring the project to completion.

So how can you be sure these subcontractors you hire can perform the work? You can’t. When hiring in the past, general contractors shifted the performance risk they assumed themselves to some guarantee form like a surety bond. Now, there is another alternative for risk transference called Subcontractor Default Insurance (SDI).

There are three main differences between a surety bond and SDI:

1.   If the contractor uses surety bonds, each subcontractor provides their individual bond resulting in the general contractor having as many bonds as subcontractors, each with its own coverage terms. With SDI, one policy contracted between the purchaser and an insurance carrier covers all subcontractors. This ensures uniformity of coverage.

2.   Under SDI if a subcontractor defaults, the general contractor and the carrier can immediately take steps to cure the default. With a surety bond, since the contract is between the subcontractor and the surety company, the surety company must investigate the situation and then determine the appropriate remedy. In essence, the surety company acts as a mediator between the general contractor and the subcontractor. This can result in delaying completion and cause possible cost overruns.

3.   A surety bond is a fixed cost. SDI is an insurance product, which utilizes deductibles and co-payments. That means the purchaser assumes a portion of the risk. If there are no defaults, there is a retrospective rating component that allows for the return of a portion of the premium amount.

When you are weighing the pros and cons of a surety bond vs. SDI, it’s important to note that one of the most significant drawbacks of SDI is that there is no prequalification service provided by the insurance carrier as there is with a surety bond company. The responsibility of determining suitability to perform the work and of managing the completion of that work rests entirely with the named insured.

The policy itself has some coverage limitations and there may also be a 15 percent administrative cost for losses charged against the initial premium under certain conditions.

Finally, you may not be able to use SDI at all for certain projects. The Miller Act states that before a contract that exceeds $100,000 for the construction, alteration, or repair of any building or public work of the United States is awarded to any person, that person shall furnish the federal government with a performance bond in an amount that the contracting officer regards as adequate for the protection of the federal government and a separate payment bond for the protection of suppliers of labor and materials.

When you are considering using SDI, it’s best to consult with your insurance carrier to determine if it is right for your particular project.

Wrap-Up Insurance: Keeping Your Construction Project’s Exposures Under Wraps

Covering all of the risks associated with a large-scale construction project can be described as nothing short of daunting. In addition to all of the exposures you personally face as an owner/general contractor, you also have to deal with different forms of insurance coverage for all of your subcontractors. That means having to audit their insurance for terms, conditions and exclusions or face the prospect of unforeseen liabilities emerging down the road.

Given this overwhelming scenario, it’s no wonder that wrap-up insurance programs have steadily increased in popularity. This type of coverage is so named because it is project specific, and it’s designed to insure the owner and all contractors who work on the project under a single insurance package. Wrap-up programs are generally used when the project cost is expected to exceed $100 million. Either the owner or the general contractor can purchase wrap-up insurance. When the owner purchases the wrap-up protection, the program is often referred to as an Owner-Controlled Insurance Program (OCIP). If the general contractor purchases the wrap-up insurance, it is known as a Contractor-Controlled Insurance Program (CCIP). However, keep in mind that regardless of what name it is referred to, the coverage is still underwritten by an insurance carrier.

There are some significant benefits to using this type of insurance. Because the purchaser is granted “named insured” status under the policy, they have the authority to select the insurer and the types and limits of coverage. It also allows the purchaser to set safety standards for the project.Of course, there are cost savings that result from buying all your insurance in a package. Some proponents of this type of insurance also believe that it reduces costs on a net basis because subcontractors do not need to factor insurance costs into their bid.  This is especially true in today’s insurance marketplace, where smaller contractors are having a harder time finding coverage.

Although each wrap-up program is uniquely designed to fit the needs of the project being insured, most wrap-up programs cover workers’ compensation, employer’s liability, general liability and umbrella liability. In addition, you may want to consider adding builder’s risk, contractor’s pollution liability, errors and omissions insurance and subcontractor default insurance coverage when you are working with your carrier to develop a wrap-up program. The cost for this type of coverage is usually about 2% of the cost of the work performed.

There is another factor you may want to consider when contemplating this type of insurance. Wrap-ups increase the purchaser’s administrative tasks. In addition to taking the responsibility for purchasing the insurance, as named insured you must review and approve all program documents, attend quarterly stewardship meetings, meet with underwriters and review claims.

Despite these additional responsibilities, wrap-up programs can be a cost-effective way to insure against the risks and exposures that are inherent to your particular project. It also provides a tool for quality control by giving you the ability to coordinate the performance standards for all the subcontractors who will work for you.

A Complete Approach to Commercial General Liability Coverage

All businesses utilize risk management techniques in some format to reduce liability exposure.  No matter how hard you try, however, you can never fully account for the actions of others. On any given day, your business could be found on the wrong end of a lawsuit for injuries or damages caused to a third party as a result of your operations. Commercial General Liability insurance is your first line of defense in these situations.

Take for example broadcast production employees who ignore safety standards when operating electrical equipment. They are remiss even though they have been thoroughly trained in accepted procedures. The negligent handling of broadcast equipment can not only result in bodily harm to the employee, but injuries or even death to unaffiliated third parties.

As a manufacturer, you are potentially liable for every product you ship.  While quality control may be stressed throughout your organization, the fact remains that no person or machine is perfect. Harm caused to a third party from a faulty product could lead to a lengthy courtroom battle.

Visitors to a long-term care facility can also be the victims of unforeseen events. A floor mat with torn and uplifted edges or an extension cord placed across a heavily trafficked area can certainly be the starting point for an accident.

That’s why, in spite of your best efforts at removing all the obvious potential hazards from your business, you might still find yourself being sued. Commercial General Liability insurance is your best defense against devastating claims that could destroy your business.

Commercial General Liability insurance is designed to protect business owners from a variety of exposures.  It can cover liability arising from accidents on or off premises, to products sold by the insured that result in injury to the user, to contractual liability, leaving an owner free to concentrate on managing their business.

Just as important, Commercial General Liability coverage protects owners even if their company isn’t legally liable for a claim. Legal defense costs are continually rising; and the expense to defend oneself against a claim whether justified or not can be financially devastating to a business. The fact that Commercial General Liability insurance pays for expenses such as attorney’s fees, witness fees, and police reports is an important coverage feature. Another significant consideration is that coverage goes beyond the basic expenses of a legal defense to cover any reasonable expenses the business owner may incur at the insurance company’s request to assist in the planning of their defense. Finally, the liability policy will also fund the premium for any bond the court requires, ensuring that the judgment will be paid if the business owner is found legally liable for an injury or property damage.