TRIDENT RISK BULLETIN

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Spring Safety & Liability Concerns

 

Brokers please forward this Bulletin on to all Tridents’ Insureds

 

New Happenings at our Risk Control Web Site

 

Check out our new website a http://www.tridentinsurance.net/!  Click on “Risk Control” at the top right hand side of the web page and then select “Resources” on the left side of that page.  Once you have selected “Resources”, the main page which contains all of Trident’s Resource Material will be displayed. One of the many resource materials is the Trident Points Operational Policy and Procedures. For more in depth information on this and other topics, click on the topic and you will find a selection of useful information which is made accessible to you by Trident Risk Control. Pass codes to gain access to our web resources are no longer needed!

Playground Review and Maintenance Process

 

Is your public playground a safe place to play?  Each year, more than 200,000 children go to U.S. hospital emergency rooms with injuries associated with playground equipment.  Most injuries occur when a child falls from the equipment onto the ground.

 

1.     Replace hard surfacing with fall attenuating material.  Make sure surfaces around playground equipment have at least 12 inches of wood chips, mulch, sand, or pea gravel, or are mats made of safety-tested rubber or rubber-like materials.

 

2.     Check that protective surfacing extends at least 6 feet in all directions from play equipment.  For swings, be sure surfacing extends, in back and front, twice the height of the suspending bar.

 

3.     Make sure play structures more than 30 inches high are spaced at least 9 feet apart.

 

4.     Check for dangerous hardware, like open "S" hooks or protruding bolt ends.

 

5.     Make sure spaces that could trap children, such as openings in guardrails or between ladder rungs, measure less than 3.5 inches or more than 9 inches.

 

6.     Check for sharp points or edges in equipment.

 

7.     Eliminate or located exposed concrete footings below surfacing material.  Look out for tripping hazards, like exposed concrete footings, tree stumps, and rocks.

8.     Make sure elevated surfaces, like platforms and ramps, have guardrails to prevent falls.

 

9.     Check playgrounds regularly to see that equipment and surfacing are in good condition.

 

10.  Carefully supervise children on playgrounds to make sure they're safe.

 

11.  Remove or repair known broken/non-operating equipment.

 

12.  Remove any non-recommended public playground equipment

·         CPSC “Handbook for Public Playground Safety”, 12.6.5

·         Animal Figure Swings

·         Multiple Occupancy Swings

·         Rope Swings

·         Swing Dual Exercise Rings and Trapeze Bars

 

13.  Training program:

·                     Playground maintenance inspection

·                     Playground supervision

·                     Document all training

 

14.  Make immediate repairs and follow through with written work order procedures.

 

15.  New equipment purchase and installation:

·                     Use of International Playground Equipment Manufacturers Association members only

·                     Installed per Manufacturers specifications

·                     Inspected prior to use

·                     No home-made equipment installed

·                     All replacement parts from Original Equipment Manufacturers (OEM)

 

16.  Manufacturer or representative/contractor to install equipment or:

·         If volunteers are used to install equipment then the manufacturers, representative supervise the installation.

Additional information is available in our Trident Risk Points on “Playground Review and Maintenance” at our website.

Bleacher Safety Guidelines

 

Whether they are inside a gymnasium or outside at your soccer or football field, bleachers should be inspected seasonally – or quarterly – and if necessary, repaired because they may be unsafe.  You may be asking yourself at this point, “Is there really a hazard associated with bleachers?”  The simple answer is “yes,” according to the Consumer Product Safety Commission (CPSC). 

 

The federal safety agency has reported that there were at nineteen deaths involving falls from bleachers from 1991 to 2003; four of them were children under the age of fifteen.  Injuries are much more common.  In 1999, for example, there were 22,100 bleacher-associated injuries requiring emergency room treatment, according to the agency.  Twenty-eight percent of those injuries were the result of falls from the bleachers onto a surface below.  There were 4,910 falls that involved children under the age of 15.  Serious injuries typically result from falls between seats and floorboards and between guardrails.  Renovations would have prevented many of those deaths and injuries.  Repairs, renovations, and the installation of non-skid surfaces on floorboards, stairs, and walkways would also have reduced slips and trips, two of the other leading causes of injuries in school bleachers.

 

Although infrequent, there is also the danger of a section of the bleachers collapsing.  This can occur from design errors, improper installation or setup, missing fittings or fasteners, deterioration or corrosion, sabotage, natural disasters, vehicle-related damage, such as from a forklift, truck, or excessive loading.

 

There are three types of bleachers common to schools: portable, permanent, and telescopic.  Portable units are smaller, roughly 20 feet in width, and four to five rows deep.  They can be moved, for example, from the soccer field in the fall to the softball field in the spring.  Permanent bleachers are the classic, large structures on the side of a football or baseball field.  Telescopic bleachers typically are used in a gymnasium and can be closed to utilize the entire gym.  Slips, trips, and falls can occur while using any of the above bleacher systems.  Listed below are the common hazards associated with falls and collapse, and some measures that can be taken to prevent accidents and injuries.

 

Bleacher System Hazards: Fall Hazards

 

Most injuries are associated with one of the following causes:

 

(a)   Missing or defective guardrails: on the sides, the back, or (if elevated) the front

(b)   Large openings between components: typically between the seating and the guardrails, or between seats and floorboards that are big enough for a child or adult to pass through

(c)   Excessive guardrail space:  e.g., between the bottom rail and the mid-rail

(d)   Unprotected spaces between guardrails: open areas neither fenced nor provided with vertical rails

(e)   Access steps to seating: missing or no handrails for support

(f)    Structural collapse or tipping of the structure: failure to properly install or anchor system

(g)   Incomplete work: hazard areas not protected or secured between work shifts

 

Structural Collapse:

 

Entire bleacher sections or systems have collapsed because of design flaws, manufacturing and installation, misuse, or lack of adherence to or compliance with an inspection and maintenance schedule.

 

Design flaws may be based on misinformation, such as who will be using the bleachers – children or adults – where the edifice will be used, snow and ice loading, maintenance instructions, and miscalculations.

Manufacturing and installation may create flaws where design did not.  Misuse usually involves overloading – static or dynamic – including exceeding occupancy or weight limits.

 

Each system is designed to hold a certain amount of weight, i.e., a static load.  If overloaded, the bleachers could fail, or in some cases, tip over.  Check with the manufacturer and your local building inspector or fire department to determine your bleacher occupancy limit.

 

Live or dynamic loads are an equal concern. Most people have been to a high school basketball game and sat on the telescopic bleachers.  When the game got close, the home team fans stamped their feet to support or cheer their team.  When that is done in unison, there is a tremendous live load on the system.  Nuts and bolts, even welds, can loosen or crack over time from live loads. Dynamic loading is why quarterly or even more frequent inspections are advisable.

Additional information is available in our Trident Risk Points on “Bleacher Safety Guidelines” at our website.

Reducing the Potential for Costly Rear End Vehicle Collisions

Provide a general statement noting that the policy establishes guidelines and procedures for the correct following distance for excellent driving conditions, good driving conditions and poor driving conditions.  The policy should include your company’s past Rear End Collision loss history, both the frequency of the losses (total number per year) and the severity of these losses (the costs of the claims associated with these collisions.  This statement should reference the commitment of management and employees to the success of the policy.

 

A statement should be developed to inform all of the goals of the policy. Example: The primary goal of the Rear End Collision avoidance policy is to set guidelines for the safe following distance when traveling in a company vehicle and or a personal vehicle used by company personnel.  By following this policy the company hopes to reduce the number of rear end collisions from X to ZERO and reduce the cost associated with these claims to zero dollars.

 

Establish the responsibility and accountability of management and the employees.  For example employees shall pledge to use a 4 second following distance in excellent driving conditions, and to add once second following distance per road hazard present if the road conditions warrant it.  For example if there is heavy traffic on a clear dry day the driver would add at least 1 second to the 4 second following distance, thus giving the driver additional space and time to react to conditions in front of him or her.  If the weather is a factor, rain, snow, possible ice, sun glare, fog, the driver should add additional seconds per hazard to the four seconds.  Management shall pledge to monitor drivers to see that the policy is being followed.

 

Drivers shall be instructed that the National Safety Council Defensive Driving courses recommend a 4 second following distance when conditions are ideal.  Ideal conditions include light traffic, dry roads, no wind, and alert driver.  Drivers will use this 4 second following distance.  If any of these conditions change the driver should add at least one second for each additional hazard, thus increasing the following distance between them in the next vehicle which allows for more room to react, stop, and recognize the vehicle in front is stopping.  If a driver is being tail-gaited they should add at least one second to the following distance, again the driver is trying to prevent rear end collisions, both their fault and those behind them.  With a tailgater the driver needs more time to slow down to prevent the vehicle behind them from hitting them.  Drivers also need to be reminded that as their waste hauling truck is filled it weighs more, thus will require more stopping distance, thus they should be using a 5 to 6 second following distance, again this is in ideal conditions.  If the weather is bad, or there is heavy traffic they should add one or more second(s) to the 5 or 6.

 

Review your company accident experiences with all the drivers at least quarterly and annually.  For this subject drivers should know that 28% of all fleet collisions are attributed to rear end collisions.  How does your company compare to the 28%?  A major contributing factor to rear end collisions is driver inattention.  The last contributing factor is poor judgment.

 

Drivers need to be reminded to scan and stay focused on driving.  Driving should be the number one activity when behind the wheel.  Drivers need to see the vehicles in front of them slowing, and or stopping as soon as possible.  In Defensive Driving, we call this process RUA.  The R is for recognizing the hazard.  The U is for understanding what is happening is a road way hazard, and the A is for action.  Many drivers recognize a hazard but do not understand that the outcome can be a collision, and therefore they do not act, or they do not act correctly in time.  These drivers have collisions.  

 

The 3 main causes of rear end collisions include Tailgating, Not Being Alert, and Poor Judgment.  We have addressed how not to tailgate.  To review we do this by using the 4 second following distance and then adding 1 second for every hazard present.  To remain alert, drivers need to focus on scanning, mirrors and in front of them.  Regarding Poor Judgment, management and drivers need to recognize when a driver does not recognize a hazard, and train them about these hazards. 

 

Transferring Risk

 

Municipalities and public entities commonly use the services of outside contractors, vendors, and may occasionally lease property or equipment to or from others.  Transporting of students or employees is often contracted to outside transportation companies.  Additionally, property may be used by third parties for events such as meetings, classes or fund raising events.  When work is done for you, or property is used by a third party, your exposure to loss is increased.

 

Losses arising from these activities are largely outside your control, and therefore should not create liability for you.  However, you can be held liable for losses arising from the acts of others, especially when the others lack adequate resources to pay a claim.

 

In these situations, it is prudent risk management to transfer the risk of loss to the party providing the service or using the property.  There is an obvious advantage in placing responsibility to pay for losses on the party that has the most opportunity to control loss exposures.

 

The following are examples of areas in which you can transfer responsibility to the party with authority to exercise loss control:

 

·         Leases:  Your property leased to others such as buildings, vehicles, equipment, etc.

 

·         Bailment:   Property in the hands of others for storage, repair, processing, or sale.

 

·         Transportation:  Property in transit under control of common or contract carrier.

 

·         Property Specifically Worked On:  Property being serviced on your premises by outside contractors.

 

·         Construction and Renovation:  Property under construction or renovation

 

·         Other Contractual Services:  Professional services (attorneys, architects, engineers, etc.), installation of computer equipment and software, asbestos removal, hauling of hazardous waste, and so forth.

 

The following are ways to transfer a risk of loss:

 

• Contractual Agreement:  You can enter into a contractual agreement which includes a hold harmless clause stating that the contractor or lessee will indemnify and hold you harmless in case of a loss.  This method alone does not ensure transfer of risk because the contractor or lessee may not carry appropriate insurance or have the financial ability to back up the indemnification.

 

• Certification of Insurance:  You can obtain a Certificate of Insurance from the contractor or lessee which evidences the insurance that the contractor or lessee carries.

 

• You can specify (in the agreement with your contractor) which coverage and limits the contractor or lessee should carry to adequately protect you.
• You should also request to be named as an additional insured on the contractors or lessee’s insurance policy or policies.

 

• You should request that Notice of Cancellation be 30 days.  This will enable you to receive proper notice if the policy is canceled.

 

Transferring of risk is often a good way of saving money and resources and reducing an entities exposure to risk as long as it is done with the proper precautions. Though there are never any guarantees, the above steps will provide protection against losses due to the negligence of others.

 

 

RISK CONTROL TOOLS:  Risk Avoidance, Risk Separation, and Risk Transfer

 

Any organization that has suffered a loss should learn from that loss experience.  The lessons learned can be costly; however, if the lesson is not learned the likelihood that a similar incident can and will happen again is great.  Three risk control tools used to minimize the potential for a loss:  Risk Avoidance, Risk Separation, and Risk Transfer.  These will be defined below were some real world examples on how they should be used. 

 

Avoidance is the basic premise that if the exposure is so great that it would cost too much to insure for it, or the claim would be so large it would be too large to cover on your own, a company or organization would avoid providing the service, product, building, fleet, etc.

 

For public entities, an example might include a large old mill building that has been abandoned by its owners and needs major repairs in order to make it viable for occupancy.  The public entity could take the building over, but would then have to insure it and rehabilitate it.  This cost of repairing the building may be cost prohibitive, so the public entity decides to not take the building over. 

 

For organizations providing a product or service, an example may include selling a new product or service, one that they do not currently have trained staff for, or the equipment to conduct this service.  Upon learning of the costs of this equipment, the costs to insure the equipment, and the liability insurance costs to cover such a claim, the organization may decide NOT to go into this service.  This leads to Risk Transfer.

 

Risk Transfer is the act of having another organization perform a task, complete a job, or provide a service.  The first organization may refer customers to this company, hire them directly, or have a long term contract with them.  An example of using risk transfer:  A Fuel Oil Company is called to provide a cleaning of a boiler.  The employee responds to the call. While the work is being conducted, it begins to snow.  When the employee tries to leave, his vehicle gets stuck.  The customer he has just worked for tries to assist in getting the vehicle unstuck, but in the process becomes seriously hurt.  This customer is not in the business of getting vehicles un-stuck; however, a tow truck company would be.  If the employee had called his or her employer and they had called a tow truck company they would have transferred the risk of this work to that tow company.  If the town truck company damages the vehicle, or hurts by standers they are responsible for that action, and not the Fuel Oil Company. 

 

Risk Separation is a simple control that can be simply stated as not putting all your eggs in one basket.  In other words, do not put all of your organization’s key tools, funds, or equipment in one location.  One of the best risk separation techniques is to keep back up files at an off-site location.  In the event the main location is damaged by fire, flood, water damage, or theft, your organization still has a copy of files, transactions, and other valuable data.  Some organizations will store vehicles in separate lots, or spread them out on the same lot so that fire cannot spread throughout the whole fleet. 

 

How to apply these Risk Control Methods to daily aspects of your organization:

 

First, be aware of the hazards and the controls.  Second, be creative, and third use your time wisely.  Take and inventory of your risks, list them.  Which risk can you live with, insure, or can live without.  Transfer the risks you cannot live with or insure.  Look for vendors that who provide this activity, product or service.  Last, separate your larger exposures or risks so that if an event occurs, it does not destroy the sum total.  Below is a quick risk matrix chart that can help you decide if you want to take the risk on, transfer it, or avoid it.

 

Risk Avoidance Chart

 

The chart below is a great way to plan for events, jobs, hiring employees or terminating employees, storms, and any even that can cause your company or public entity a loss.  There are four quadrants, High Hazard Low Frequency, High Hazard High Frequency, Low Hazard Low Frequency and Low Hazard High Frequency.

 

The idea behind these quadrants is to place the event, job, or action into one of these sections.  Here are several examples:  Every day we drive to work.  This statistically is a high hazard high frequency event.  More Americans are killed in car accidents per day than most other causes, especially when dealing with work-related causes of death.  Most of us are good drivers and can handle the hazard either based on training or experience.  With the same example, add bad weather and a young or new or inexperienced driver.  The event is still a high hazard, but now there is low frequency involved, meaning the driver has not driven a lot.  This is a bigger risk.  Can this risk be avoided?  The answer is yes.  An older person could drive, the person could stay at home, they could wait for the storm to end, and / or choose some other way to avoid the hazard.

 

How does one this for work?  Take the chart and look at it. Ask if we have done this job before.  Has the worker done it before, how often, what are the hazards, do I have time to plan, to provide training, or prepare for this event.  If the answer is that you have time to prepare, this is good.  This is called discretionary time.  Here are some examples.  You are hiring a new employee.  Do you hire new employees frequently?   When the employee is hired, are there a lot of laws protecting him and keeping him or her in your employment?  For most businesses, the answers are yes and no for the above.  So, this is a high hazard low frequency event.  It could cost your company a lot if you hire the wrong person and do not follow the laws correctly.  In this type of case, you have time to think about the new hire, take time, contact a lawyer, do background checks, and to be sure you are doing the task correctly.

 

High Hazard                              Discretionary time                                                             Low Frequency	High Hazard                                                                High Frequency
Low Hazard                                                                  Low Frequency	Low Hazard                                                                   High Frequency

 

 

2011 Immigration and Customs Enforcement I-9 Initiative

In 2010, the U.S. Immigration and Customs Enforcement (ICE) conducted its highest number of I-9 audits ever.  For 2011, the chance of an I-9 audit has shot up dramatically. Are your I-9 Forms and immigration practices up to the challenge? Be prepared to deal with ICE by having all forms properly filled out and documentation up to date.

It is anticipated that many more audits are coming in 2011. It’s all part of the Obama administration’s “bold new audit initiative” to find and punish employers that violate immigration laws and fail to properly complete I-9s.

In January 2011, ICE established the Employment Compliance Inspection Center in Virginia to expedite Form I-9 audits, allowing ICE agents to audit an increasing number of organizations throughout the country. Public sector organizations could expect harsh media attention if violations are discovered during an audit and should be vigilant to ensure all aspects of the requirements are being followed up on. 

Laurie A. Shaw
Risk Control Coordinator

Trident Insurance Services of New England, Inc.
P.O. Box 1170
Greenfield, MA 01302

D413 773 6344
P 800 444 3916 ext 6344
F 413 772 8503
E lshaw@tridentinsurance.net

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