Higher Workers' Compensation Premiums Linked to New Employee Injuries

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.

Based on Rancho Mesa Insurance Services’ clients’ information, we have been able to identify that the majority of work-related injuries occur within the first year of employment. During the first year, the majority of these claims occur in the first six months. Having a system for on-boarding and training new hires is a critical component to dealing with the heightened risk of injury during this time period.                                                                                                                       

New Hires Effect Risk Exposure

During the workers’ compensation underwriting process, companies are commonly asked if their payroll will continue to grow, stabilize, or decline. Underwriters can assume that with growing payrolls, the company will be hiring new employees. New employees will likely increase the probability of work-related injuries. Underwriters must take this information into consideration when justifying a premium that will cover the company’s complete risk exposure.

Mitigating the Increase in Premium  

It is extremely beneficial for the owner and insurance broker to relay the measures that their company has committed to train, manage, and track new hires. If you are looking for a way to improve your safety efforts, consider focusing on proper new employee onboarding and training to minimize the potential impact claims can have on your company.

Please reach out to Rancho Mesa’s Client Services Coordinator Alyssa Burley at (619) 438-6869 to learn more about the Risk Management Center and how you can improve your safety training.

The Ticking Time Bomb for Plumbing and Mechanical Contractors: Lower Expected Loss Rates Can Mean Higher Experience Modifications

Author, Kevin Howard, CRIS, Account Executive, Rancho Mesa Insurance Services, Inc.

The Workers Compensation Insurance Rating Bureau (WCIRB) released the 2019 Expected Loss Rates (ELRs) in the 4th quarter of 2018. ELRs are the average rate at which losses for a classification are estimated to occur during an experience rating period. They are generally expressed as a ratio per $100 of payroll and can often have a dramatic impact on experience modifications. To support this point, the ELRs in the plumbing class code 5187 dropped 17% on January 1, 2019. This decrease is not getting significant attention, but could potentially create negative implications for California plumbing contractors and their respective experience modifications in 2019, 2020, and beyond. All plumbing and mechanical contractors should be made aware so they can prepare and make changes to protect themselves from the impact. Similar to a leak behind a wall, this could go undetected until the experience mods are released and then it is too late and too much damage has been done.

LINKING ELRs WITH YOUR PRIMARY THRESHOLD

The lowered expected loss rates also impact primary thresholds. Your primary threshold is the maximum primary loss value for each individual worker’s compensation claim. If primary thresholds move lower, one small lost time claim can cause a significant spike in an experience modification. An elevated experience modification can impact not only pricing, but opportunities to bid certain types of work within the commercial sector.

WHAT CAN YOU DO TO GET OUT IN FRONT OF THIS?

If these terms are completely new to you and your organization, lean on your insurance broker to provide the education needed to get up to speed. That can start with building a detailed service plan that focuses on controlling your experience modification. Some examples of critical elements that should be discussed would include:

• Addressing open reserves on claims that are impacting the future experience modification.

• How the timing of the unit stat filing will affect the future experience mod and cost.

• Ensuring that your safety program addresses the root cause of claim frequency and severity.

• Trainings that are aligned with OSHA compliance.

• Experience MOD forecasting up to 7 months prior to your firm’s effective date.

AVOIDING THE TICKING TIME BOMB

The ticking time bomb can be avoided by taking certain steps and actions that are strategically put in place with your insurance broker. If this article has created concern and/or these terms are brand new to you, pick up the phone and schedule an experience modification control meeting with an advisor from Rancho Mesa at (619) 937-0164. Their Best Practices approach to managing risk starts with a client-centric process that is focused on education and execution.

OSHA Amends Electronic Submission Requirements to Exclude Forms 300 & 301

Author, Lauren Stumpf, Media Communications Assistant, Rancho Mesa Insurance Services, Inc.

OSHA published a final rule through the Federal Register on January 25, 2019 stating, “To protect worker privacy, the Occupational Safety and Health Administration (OSHA) is amending the recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301.”

All establishments with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations, and establishments with 20 to 249 employees in the specific industries listed in Appendix H of Cal/OSHA's emergency regulations are still required to electronically submit the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).

The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this final rule. This final rule becomes effective on February 25, 2019.

The deadline to electrically submit the 2018 Form 300A is March 2, 2019.

Rancho Mesa has put together a 6-minute tutorial video on how to generate the electronic Form 300A data file from the Risk Management Center, that can be uploaded to the ITA website for reporting the data.

For questions about how to track the injury and illness data in the Risk Management Center, contact Alyssa Burley at (619) 438-6869.

Sources:
https://www.osha.gov/recordkeeping/
https://www.dir.ca.gov/dosh/calosha-updates/log300-reporting.html
https://www.federalregister.gov/documents/2019/01/25/2019-00101/tracking-of-workplace-injuries-and-illnesses

Advances in Active Shooter Coverage Leads to More Protections Against Broader Violent Events

The need for insurance to cover workplace violence is at an all-time high. Traditionally, this type of insurance policy has been referred to as Active Shooter Coverage in response to situations involving mass shootings. As its name implies, the overage responded only to active shooter scenarios. They did not cover other types of workplace violence that can occur. As unique acts of violence occur, coverage continues to change to cover a broader spectrum of events.

Active Violence Coverage offers protection when an event may or may not involve a shooter. One important development in this new coverage is that it also responses to threats of violence. A heated interaction, though no physical harm occurred, could still be damaging to those involved and have the potential to develop into something larger over time. This type of coverage will cover the costs for hired security, grief counseling and mediation, coverage of employee salaries for lost time, business interruption costs and security consultants.

This subtle change in coverage can make a significant difference to the safety and well being of the people in your organization.

To learn more about Active Violence Coverage for your organization, contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

Cause of Concerns for Contractors: Implementation of Aerial Lift Standards

Author, Casey Craig, Account Executive, Construction Group, Rancho Mesa Insurance Services, Inc.

Beginning December 2019, standards for using and renting aerial lifts will drastically change, globally. As a result, contractors are concerned they will not be prepared for the changes which could lead to loss of production and fines.

Since the use of aerial lifts is becoming more frequent, the new standards were approved by the American National Standards Institution (ANSI) in an effort to align the United States and the rest of the world with having globally accepted safety standards. Canada published its standards last May and the United States is following suite with the release of the ANSI A92 .20 (equipment responsibilities), .22 (safe use), .24 (training). Further details can be found in Scaffold & Access Industry Association’s (SAIA) copy of the standards.

Moving forward, “Aerial Work Platforms” (AWP) will be referred to as “Mobile Elevating Work Platforms” (MEWP). The new standards are meant to address ongoing problems with:

• Effect of Wind on a Load

  • MEWP’s may be rated one of two ways; for interior use only or for exterior use, but those will have a maxim height limitation without consideration to the length the arm can be extended.

• Platform Capacity

  • The new equipment will automatically shut off if it exceeds the specified weight limit. Thus, in some cases, it may be necessary to use two lifts to do a job safely.

• Chassis Tilt  

  • Understanding the terrain where the lift will be working will be vital. Most equipment has been rated for firm or level ground, but new machinery will also take into account the tilt of the machine and will shut off if it is unsafe.  

Manufacturers are already taking heed and changing their product designs to accommodate the new requirements. Aside from the changes to the machinery, contractors will need to evaluate who is trained to operate the MEWPs. 

• Operators will need to be trained in how to use the machinery and walk their job sites to look for problems before using the lift.

• Supervisors must know how the machine works, its functionality, how much it weighs and how much weight it can handle, so that they are not relaying poor information to the operator.

• Additionally an occupant riding in an aerial lift (i.e., MEWP) must have a general understanding of how the machine works so if there is a problem they can safely get back down.

Previously, operators were only required to know how high the lift being used would need to go. As of December 2019, the operator will also need to know the terrain where the aerial lift will be operated, the load weight, and the lift’s reach under load for the job. When renting equipment it is likely the rental industry will issue a supplemental application to pre-qualify each job.

Machines built before the new standards will be grandfathered in and will not have to be updated. However, this could cause issues for contractors if they work on job sites that require the most current safety specifications. This could limit the use of older machinery.

While these standards will not take effect until December of this year, there is still a lot to be learned and will require proactive planning by all contractors to insure compliance. There are still many unanswered questions including exactly how involved OSHA will be in enforcing these new rules. Rancho Mesa will be providing updates regularly to assist you through these changes. 

For additional information, please contact Rancho Mesa Insurance Services, Inc. at (619) 438-6900.

Optimizing Risk Management While Reducing Gaps in Coverage

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

Working within the construction unit at Rancho Mesa for over 15 years, I have developed strong long-term business relationships with my clients. As an insurance advisor, I have an obligation to insulate clients from exposures and liabilities. Many of which may remain the same from year to year. However, it is vital that business owners meet with their insurance advisor frequently, especially prior to an insurance renewal, to avoid potential gaps in coverage.  Below are a few key topics that should be reviewed on a regular basis by a company’s insurance advisor. 

Review and Discuss Business Operations

It’s always a good business practice to have the insurance advisor review the business’s operations to see if there have been any changes that could affect its risk profile.  For example, I once had a client in the construction industry that specialized in commercial tenant improvement work. The company wanted to start a residential construction division. By understanding this change before it actually took place it provided us the time to adequately access the differences in the insurance exposures between the commercial and residential marketplace.  As a result, we were able to proactively and affordably place their coverage with an insurance carrier that was comfortable with both exposures.

Review Financial Projections

With the economy fluctuating year to year, it is vital that you meet with your insurance advisor and go over your financial projections for the coming policy term.  These items should include projected; annual sales, payrolls, subcontract costs and any changes in your surety requirements. These factors will help in not only negotiating the most favorable renewal terms for you but help to avoid any unforeseen expenses like a large final audit

Discuss Business Assets

Businesses routinely buy, sell, and upgrade their tools, equipment, and vehicles. While most are conditioned to notify their insurance advisor of any changes, it is always a good business practice to review assets with the insurance advisor at each pre-renewal meeting. It is common that there are items that were either sold (that need to be removed) or new (that need to be added to policies). By reviewing the assets on a regular basis, it minimizes the chance that items are missed and you either are paying premium on an item you no longer have or have an uninsured loss.

Discuss and Revisit Recommended Coverages

Recommended coverages may include an Umbrella, Pollution Liability, Professional Liability, Employment Practices Liability, and Cyber Liability policies. Even if you have discussed these coverages in the past with your insurance advisor and have declined them, they should not assume you will do so again in the future. The business climate is constantly changing; therefore, so are the risks you are facing.  Understanding where you have gaps  in your risk management profile and making informed decisions to either transfer the risk to an insurance carrier (purchase insurance) or retain the risk yourself (don’t purchase insurance) is always a Best Practices standard.

If you would like to discuss and learn more about Rancho Mesa’s proprietary risk management tools and explore our help in developing a Risk Management program based on your specific business needs, you can reach out to me at 619-937-0174.

Ensuring CA Sexual Harassment and Abusive Conduct Training is SB 1343 Compliant

Editor’s Note: This article was originally published on February 7, 2019 and has been updated for accuracy on September 12, 2019.

Author, Alyssa Burley, Client Services Coordinator, Rancho Mesa Insurance Services, Inc.

In September 2018, former California Governor Jerry Brown approved Senate Bill 1343 (SB 1343) which expanded the requirements for Sexual Harassment and Abusive Conduct Prevention training within California workplaces.

“An employer who employs 5 or more employees, including temporary or seasonal employees, [is required] to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified,” according to SB 1343. 

On August 30, 2019, approved Senate Bill 778 extends the training deadline set in Senate Bill 1343 from January 1, 2020 to January 1, 2021. The changes made by SB 778 not only extends the due date to January 1, 2021, but also addresses concerns about supervisory employees and clarifies when temporary workers must be trained. Read about these changes here.

Ensuring the Training is in Compliance

In order for the Sexual Harassment and Abusive Conduct Prevention training to be compliant, it must meet the following requirements. The training must:

• Be administered in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

• Be conducted by an eligible trainer:

  • Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;

  • Human resource professionals or harassment prevention consultants with at least two years of practical experience in:

    • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;

    • Responding to sexual harassment or other discrimination complaints;

    • Investigating sexual harassment complaints; or

    • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.

  • Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.

• Explain the following topics:

  • The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;

  • The statutes and case-law prohibiting and preventing sexual harassment;

  • The types of conduct that can be sexual harassment;

  • The remedies available for victims of sexual harassment;

  • Strategies to prevent sexual harassment;

  • Supervisors’ obligation to report harassment;

  • Practical examples of harassment;

  • The limited confidentiality of the complaint process;

  • Resources for victims of sexual harassment, including to whom they should report it;

  • How employers must correct harassing behavior;

  • What to do if a supervisor is personally accused of harassment;

  • The elements of an effective anti-harassment policy and how to use it;

  • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).

  • Discuss harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.

• Include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

SB 1343 compliant trainings will be made available later this year via the California Department of Fair Employment and Housing (DFEH) website. However, employers can hire eligible qualified trainers to conduct the trainings at their convenience.

The DFEH has made available a sexual harassment and abusive conduct prevention toolkit, that includes a sample Sexual Harassment and Abusive Conduct Prevention training, certificate of completion and other resources for employers to use in conjunction with an eligible trainer.

Other training options include the online Anti-Harassment training Rancho Mesa offers to all of its clients’ supervisors and employees throughout the country in response to California’s Senate Bill 1343 (SB 1343) and Senate Bill 1300 (SB 1300).

For questions about this training requirement or to learn how to enroll your supervisors and employees, register for the “How to Enroll Supervisors and Employees in the Online Anti-Harassment Training” webinar or contact Rancho Mesa’s Client Services Department at (619) 438-6869.

Rancho Mesa Insurance will continue to monitor training options as they become available.

How Accurate Work-in-Progress Schedules Can Positively Affect Your Bond Program

Author, Matt Gaynor, Director of Surety, Rancho Mesa Insurance Services, Inc.

When meeting with new contractors looking to qualify for increased bonding capacity, one of the first items generally discussed is the work-in-progress (WIP) schedule. Understandably, the balance sheet and profit & loss statement get the most attention when compiling financial information for the bond company, but the WIP, whether on a quarterly or six month basis, allows the bond company to gauge how well the contractor has estimated their projects and how conservative they have been on a project’s profitability. Preparation of an accurate work in progress schedule is the only way to gauge the true profitability of the company.

The WIP or status of contracts schedule is used to track the progress of contractors’ projects from start to finish. The schedule discloses the details of each contract’s percentage of completion, and profitability to date in the current reporting period.

The major components of the WIP include:

1. The Contract Amount (which may go up and down throughout the contract based on change orders).

2. The Costs Incurred to Date (we recommend to charge as many costs back to the project as possible).

3. Total Estimated Costs (should be updated on a timely basis).

4. Billed to Date (billing the project on schedule).

The accuracy of the WIP schedule is extremely important since the bond company will provide capacity to the contractor based on profit to date for each project. The bond underwriter will track the projects over a certain period to determine if profits typically close higher or lower than the original estimate. For example, let’s look at a contractor who initially estimates his projects at 15% profit when they start up, yet historically closes them out at 20% at completion. If the contractor anticipates a $100,000 profit on a project and the work is 50% complete, the bond company may provide an additional $500,000 of capacity on that $50,000 profit (10% case) even though the project has not been closed out. 

On the reverse side, a bond company will have major concerns when they review a WIP schedule from a contractor that typically closes out projects at less than the original estimate.

If you would like a better understanding of how the work-in-progress schedule affects your Bond Program, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0165 to discuss ways to maximize your bond capacity.

Equipment Hazards and Ways to Reduce Exposure

Author, Daniel Frazee, Executive Vice President, Rancho Mesa Insurance Services, Inc.

The very nature of the construction business creates risk - from injuries in the course of employment, damage to property, third party liability, etc. One important area that can be overlooked is equipment security. While there is simply no way to eliminate 100% of risk to equipment, there are several steps a contractor can take to initiate proper controls and minimize losses in this area.

Managing Keys and Locks

Locks should be placed on all vehicles, storage sheds, portable equipment, and trailers. It is recommended that “high security” locks, which are pick-resistant or laminated in steel, be used in all cases. Chains should be case-hardened and thick enough to prevent cutting. Many contractors also use locking fuel caps on vehicles and passive alarm systems, for higher valued machinery, to disable equipment or sound an alarm when there is attempted theft.

Operating or Transporting Equipment

Drivers and/or operators of equipment must be screened prior to use. Requiring a valid driver’s license is a good start, but also consider asking for medical history, criminal background check, motor vehicle record, random drug screens, and sight and hearing checks. Employees should be trained properly in company safety procedures, rules, and emergency protocol. In loading or unloading situations, consider the angle of the ramp, how your employees are stabilizing the piece of equipment, placement of flags, and ensuring the ignition and brakes are locked.

Construction Site Security

Construction sites have always been attractive targets for thieves. The considerable value of equipment, product, tools, and machinery create strong appeal, particularly if that location is not properly secured. Stepping up the security at a jobsite can come in many forms but several best practice methods stand out. They include securing a specific area within the site for equipment storage. The more difficult it is for a thief to access equipment, the less motivated they will be to take the risk of accessing the site. Maintaining an equipment inventory control with photographs and “check-out” systems can be critical to holding employees accountable. Lastly, and perhaps the most logical task to improve security on a jobsite, are regular inspections. These can occur from superintendents, owners, managers, etc. This oversight shows all contractors performing work that your equipment is important and you are managing it regularly.

Fire Prevention

Managing the exposure to fuel is an important first step for preventing fire losses of equipment on a jobsite. Engaging an outside vendor to provide fueling services is always a possible solution, but may not be realistic. If the contractor is responsible for their own fueling, consider the flammability of different fuels, location of onsite fuel supplies, tank inspection, and methods for clean-up and disposal of the fuel. Regular intervals of visual inspections by the operator and any ensuing maintenance allow for easy fixes or repairs that minimize the development of bigger issues.

As the construction industry continues reaching strong post-recession levels, the use of equipment from trade and general contractors, across the board, is more prevalent. Developing a “safety net” around jobsites, pre-qualifying those using equipment, and prioritizing theft and fire mitigation lower your organization’s overall risk. Take some or all of the ideas above as your first step in integrating equipment security into your overall safety plan.

For additional information, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

California SB 1343 Expands Sexual Harassment and Abusive Conduct Prevention Training Requirements

Editor’s Note: This article was originally published on January 17, 2019 and has been updated for accuracy on September 12, 2019.

Author, Alyssa Burley, Client Services Coordinator, Rancho Mesa Insurance Services, Inc.

In September 2018, former California Governor Jerry Brown approved Senate Bill 1343 (SB 1343) which expands the requirements for Sexual Harassment and Abusive Conduct Prevention training within the workplace.

New Requirements

Prior to SB 1343, California Assembly Bill 1825, Assembly Bill 2053, and State Bill 396, required employers with 50 or more employees to provide supervisors with sexual harassment and abusive conduct prevention training every two years. SB 1343 drops the minimum number of employees to 5 and adds a requirement for training nonsupervisory employees.

According to Senate Bill 778, passed on August 30, 2019 which expands the training deadline, “By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California. Thereafter, each employer covered by this section shall provide sexual harassment training and education to each employee in California once every two years.” 

The changes made by SB 778 not only extends the due date to January 1, 2021, but also addresses concerns about supervisory employees and clarifies when temporary workers must be trained. Read about the changes here.

Providing Training

The bills also requires the California Department of Fair Employment and Housing (DFEH), “develop or obtain two online training courses on the prevention of sexual harassment in the workplace. The course for nonsupervisory employees shall be one hour in length and the course for supervisory employees shall be two hours in length.” The department “expects to have such trainings available by late 2019,” according to a document provided by the DFEH. The online trainings are expected to be free for employers.

“In the interim period, DFEH is offering a sexual harassment and abusive conduct prevention toolkit, including a sample sexual harassment and abusive conduct prevention training. Employers may use the training in conjunction with an eligible trainer to provide sexual harassment and abusive conduct prevention training,” according to the DFEH.

An eligible trainer qualified to conduct this training would be:

• Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;

• Human resource professionals or harassment prevention consultants with at least two years of practical experience in:

  • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;

  • Responding to sexual harassment or other discrimination complaints;

  • Investigating sexual harassment complaints; or

  • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.

• Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.

Note, DFEH does not issue licenses nor certificates validating a person’s qualifications to teach sexual harassment prevention training classes.

Other training options include the online Anti-Harassment training Rancho Mesa offers to all of its clients’ supervisors and employees throughout the country in response to California’s Senate Bill 1343 (SB 1343) and Senate Bill 1300 (SB 1300).

We also can recommend Equal Parts Consulting to provide in-person supervisor and/or employee training to those in San Diego and Orange Counties. To receive a discounted rate, please let them know you are a Rancho Mesa Insurance client.

Rancho Mesa Insurance will continue to monitor training options as they become available.

For questions about this training requirement or to learn how to enroll your supervisors and employees, register for the “How to Enroll Supervisors and Employees in the Online Anti-Harassment Training” webinar or contact Rancho Mesa’s Client Services Department at (619) 438-6869.

Resources

California Department of Fair Employment and Housing. "Sexual Harassment and Abusive Conduct Prevenetion Training Information for Employers.”
https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2018/12/SB_1343_FAQs.pdf

California Department of Fair Employment and Housing. “Sexual Harassment FAQs.”
https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/sexual-harassment-faqs/

Cyberbulling: Identify and Prevent

Author, Sam Brown, Vice President, Human Services Group, Rancho Mesa Insurance Services, Inc.

While schools and nonprofit agencies serving youth are typically very serious about preserving child safety, organizations’ leaders may not understand the risk factors or have a plan in place to prevent a growing threat: cyberbullying. The Cyberbullying Research Center states that about 28% of recently surveyed youth and teens have been the victim of cyberbullying in their lifetime, and 16% admitted to participating in cyberbullying. This article will define cyberbullying, identify risk factors, and list preventative measures.

Defining Cyberbullying

The Cyberbullying Research Center defines cyberbullying as “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices.”

Identifying Risk Factors

According to the U.S. Department of Health and Human Services, young people who have difficulty interacting with others in-person are the most likely to participate in risky online behavior. According to StopBullying.gov, these are the following warning signs that a child is being cyberbullied or is cyberbullying others:

• Noticeable increases or decreases in devise use, including texting.

• A child exhibits emotional responses to what is happening on the device.

• A child hides their screen or device when others are near, and avoids discussion about what they are doing on their device.

• Social media accounts are shut down or new ones appear.

• A child starts to avoid social situations, even those that were enjoyed in the past.

• A child becomes withdrawn or depressed, or loses interest in people and activities.

Preventative Measures

In the Nonprofit Risk Management Center’s article entitled “Cyberbullying and Cyber Threats to Young People,” Lexie Williams lists useful preventative measures. This list includes:

• Reparative Justice: Rule violations result in a concerted effort to repair damaged relationships between all impacted individuals. This approach has the potential to help the cyberbullying victim as well as the bully, reducing the likelihood of repeat incidents.

• Behavior contracts for youth and teens, served by the organization, should explain how cyberbullying will be handled, and require a signature prior to an individual being allowed to use the Internet. This effort can be supported with training and supervision.

• Establish consequences for youth who misuse technology, and follow a process for parent notification.

• Reassure youth that being bullied is never their fault and provide training on what to do when they are the victim of bullying.

• Keep computers and other technology in a shared and supervised area.

• Convey to program participants the negative effects cyberbullying has on victims and perpetrators.

Bullying of any sort has negative effects on a nonprofit or school’s youth participants. Cyberbullying is the latest version, so an organization’s leaders must adapt to today’s tech savvy kids and the inherent risks technology can present.

Please contact Rancho Mesa Insurance Services, Inc. at (619) 438-6869 to access the “My Risk Assessment” tool and learn how to better protect your youth participants.

Mitigating Risk at Height

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

Industry Numbers

Falls from elevated heights are the single most hazardous injury within the construction industry; representing 38% of all construction fatalities (NSC construction & utilities). That is a scary fact if you are a painting contractor that works off the ground. In years past, it was common to see painters working on multi-story scaffolding with few controls in place, or working from ladders on top of trucks to get those extra couple feet needed to finish a project. Workers compensation underwriters have difficulty with risks that work over 30 feet. Why is this 30 foot threshold so critical to insurance companies who write workers compensation?

• Across the entire Construction industry, 16% of all fatal falls happened from above 30 feet (NSC Construction & Utilities). 

• In 2016, there were estimated to have been over 35,000 painters working in California and in total there were only 3 fatal falls (Bureau of Labor Statistics).

• That accounts for less than 5% of falls, slips, or trips leading to fatality in all of California.

Mitigating Exposures: Personal Protective Equipment (PPE) and Ladder/Scaffolding Safety

As with any business that is assessing risk, start by acknowledging the potential exposures of working outside. Besides utilizing appropriate Personal Protective Equipment (PPE) for work at height, the single largest exposure for any contractor is heat exhaustion. Making sure your employees are properly hydrated and shaded is easy to overlook and can have serious consequences. Fainting at height is a serious concern and any measures that can be taken to prevent this are essential. Requiring mandatory water breaks, encouraging employees to wear loose-fitting clothes, and offering shade and protection from the sun represents tangible measures that reduce the chances of an employee suffering from heat exhaustion.

Safety equipment has become more comfortable, lighter, and easier to store and transport. Working in the heat of summer makes it difficult for employees to wear heavy equipment. This can cause them to make numerous adjustments when they are in dangerous situations. Make sure employees have light weight harnesses and are wearing them as instructed. The best PPE in the world is useless if the employees refuse to wear them properly. Similarly, it is very important to test equipment one to two times a day to ensure it is functioning properly.

Proper ladder erection and maintenance is critical for working safely at height. The recommended angle a ladder should be erected is 75 degrees. New applications such as Niosh Ladder Safety or Angel Inclination can be utilized to ensure measurements are accurate. Regular jobsite walkthroughs and inspections are also important for scaffolding. It can be fairly common that other trade contractors move or alter existing scaffolding. From day to day, objects such as connections, planks, and railing can be moved by unknown jobsite visitors and can create new fall exposures. How your safety coordinator and/or superintendents inspect and re-inspect scaffolding can literally save lives.

Turning Safe Practices into Savings

We have shared a few key tips on managing risk at height. As you design (or re-design) your fall protection program, consider how effectively your insurance broker is translating this information to the underwriters involved with your account’s renewal.

• Are they clearly translating how your company mitigates risk at height? 

• Are they sharing key details that might separate you from another competitor?

• Are they using this information to leverage competitive pricing with multiple insurance companies?

• What does their information actually look like when it is sent out to an underwriter?

If these questions and this information are new to your organization, consider Rancho Mesa as an alternative. We can provide resources that can fully develop Fall Protection programs, training that can make your program actionable, and a partnership that ultimately builds the lowest cost of risk possible.

For additional information, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

Reporting Serious Workers’ Compensation Injuries

Author, Jim Malone, Workers’ CompensationClaims Advocate, Rancho Mesa Insurance Services, Inc.

Workers’ Compensation injuries occur every day. The majority of these injuries are minor incidents which require no medical treatment or loss of time from work. For others, the injury is reported to the insurance carrier, the injury is addressed, forms are provided, and the recovery from the injury is monitored until the employee is released back to work and a discharge from care is provided.

However, serious injuries, illnesses or even deaths occasionally occur at work because of a work related accident. These incidents usually require 911 calls, hospitalizations, emergency surgeries, family contact, and a longer road to recovery. They may also require immediate (within 8-24 hours) reporting to the California Occupational Safety and Health Administration (Cal/OSHA), if they meet the criterion that has been established.

As defined in the California Code of Regulations Title 8 §330(h), serious injury or illness means any injury or illness occurring in a place of employment, or in connection with any employment that:

1. Requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation.

2. Results in a loss of any member of the body.

3. Results in a serious degree of permanent disfigurement.

4. Results in the death of the employee.

Does not include any injury, illness, or death caused by the commission of a Penal Code violation, except the violation of Section 385 of the Penal Code, or an accident on a public street or highway.

The California Code of Regulations Title 8 §342(a) states, “every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety & Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment. Immediate means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.”

The 8-24 hour time frame begins when the employer knows, or “with diligent inquiry” would have known of the serious injury, illness, or death. The “employer” means someone in a management or supervisory capacity.

As with any injury or accident, it can be a difficult and confusing time for all those involved and affected. It may seem like many things need to be done all at once. That is, of course, impossible. So, prepare yourself now. Make a list of your responsibilities and important contact numbers before a serious injury or accident occurs.

The order in which you perform each of these responsibilities may differ, according to the type of injury or accident that occurs. However, you will still have your checklist and contact numbers ready to use to ensure you do not forget any particular step or obligation. This emergency list of telephone numbers may be your broker, safety/loss control specialist, claims administrator, or workers’ compensation claims advocate. We are all available to provide you with any assistance you may need.

For those in California, the Cal/OSHA District Office contact list is below. Ask for the officer of the day.

Concord (925) 602-6517
Oakland (510) 622-2916
San Francisco (415) 972-8670

Cal/OSHA Link: www.dir.ca.gov/title8/342.html

For additional information, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

How Credit-Based Bond Programs Benefit New Contractors

Author, Andy Roberts, Account Executive, Surety Division, Rancho Mesa Insurance Services, Inc.

For small or new contractors that are looking to break into the world of government contract work, the process of getting a surety bond program in place can seem like an onerous one. It requires the contractor to compile a lot of paperwork and detailed financial reports, which can be a daunting task for any contractor, regardless of size or experience. However, there are now several “A” rated sureties that provide credit-based programs for writing smaller bonds.

The owner or owners will provide their financial information via a one or two page application, often referred to as a “fast track application.” These let you and your company apply for smaller bonds, usually $500,000 or less, depending on the surety, without requiring all the typical underwriting information that is needed to put together a formal surety program. And, so long as the owner(s) credit is good, the surety will approve the bond(s) to be issued.

These programs are great for contractors that don’t bond very often or contractors that are just starting to bid on bonded jobs. In addition, these programs also provide the contractor an opportunity to begin a relationship with a surety company, which will be very beneficial as the contractor grows and begins to bid larger bonded jobs that fall outside of the credit program, and will require a formal program with the surety.

If you have additional questions or would like to explore all the different options that each surety offers, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0166.

3 Key Differences Between Self-Insured Retention and Deductibles

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

Every business or non-profit that purchases a form of liability insurance has seen the term deductible or self-insured retention (SIR). While many know the difference between the two, many do not. Deductibles and SIRs, while quite different, are both designed to keep your premiums down. Insurers are willing to reduce the premium on policies, which have a deductible or SIR, because the insured assumes some of the risk. This however, is where the similarities end.

Below are the three key differences between self-insured retention and deductibles:

1. With a deductible, the insured notifies the insurer when there is a claim. The insurer provides immediate defense, pays for any losses incurred and then collects reimbursement from the policyholder after the claims is closed, up to the deductible amount. Under an SIR, the insured is still required to notify the insurer of any claim. The insured will immediately begin to make payments on that claim until the SIR is satisfied. At that point, the insurer will take over.

2. Deductibles erode the limit of your insurance policy, while SIR(s) do not. Let’s assume you have a standard $1 million policy limit with a $50,000 deductible. In the event of a loss, the insurer will be responsible for $950,000, since the insured is required to reimburse the insurer for the full deductible amount. Under the SIR, the insured is immediately responsible for the first $50,000 of any one claim, and the insurance company is responsible for the full $1 million limit.

3. Large deductibles often require that the insured provide a letter of credit or some other acceptable form of collateral to cover expected losses that occur within the deductible. With SIR(s), the insurer has no responsibility for paying losses until the SIR is exhausted; therefore, no collateral is required.

When reviewing your coverages and limits, if you see the terms ‘self-insured retention’ and/or ‘deductible’ please understand the terms may seem interchangeable, but there are major differences. Please contact Rancho Mesa at (619) 937-0164 with any further questions.

Developing an Effective Injury and Illness Prevention Program (IIPP)

Author, Daniel Frazee, Executive Vice President, Rancho Mesa Insurance Services, Inc.

If you have operated a business in the state of California for any period of time, you have very likely heard about or run across the acronym IIPP. Wherever you stand with your knowledge within the world of safety, injury, and illness, it is important for every organization to understand the mandatory parts of an IIPP. What is often overlooked is how developing an effective safety program can create positive change and truly impact your bottom line.

What is an IIPP?

An Injury and Illness Prevention Program (IIPP) is a required written workplace safety document that must be maintained by California employers (Title 8 of the CA code of regulations, section 3203). These regulations require eight (8) specific elements that are summarized below. In many cases, this process requires direct questions about how the company currently views and manages safety. Answering these questions will begin to highlight the positive aspects of what already is currently in place and shed light on areas that need improvement.

Responsibility

Clarifying the name, title and contact information for the person(s) with overall responsibility for the IIPP is a critical first step to this process. Making the IIPP available and accessible at all business locations becomes the first task of the “responsible person.”

Compliance

What is the content of the company’s safety meetings? Who runs those meetings? How do you discipline employees if they do not follow safety guidelines? How might the company recognize or reward their employees for safe practices or behavior?

Communication

Safety meetings are held on what type of schedule within your organization? How can employees anonymously notify management of safety and health concerns without fear of reprisal? Is there a safety committee in place that provides communication to all employees? If not, who would be considered as important members of that committee?

Hazard Assessment

Who within the company is responsible for periodic inspections to identify and evaluate workplace hazards? Provide detail on this schedule along with accompanying documentation that these visits occurred. Continuously communicating with employees for feedback and constantly reviewing hazards on a jobsite or within the workplace are crucial. Lastly, does the company use a standard or tailored JHA (Job Hazard Analysis) checklist to accomplish this? Re-visiting these checklists regularly as exposures change is critical to reducing claim frequency.

Accident/Exposure Investigation

Post-accident, who is the name of the person within the organization responsible for conducting those investigations? What type of form or checklist are you using to establish “root causes” of the accident or injury? And, back to the compliance section, what type of discipline could be handed down in the event of employee error that causes an accident or injury?

Hazard Correction

After the company has identified the hazard and determined exactly how and why an incident occurred, the IIPP must provide detail on how the company will correct the problem from happening again. One solid first step can include a review of Personal Protective Equipment (PPE) use. That is, did the equipment being used cause the accident or injury and, if yes, why? Answering the\is question may show that the piece of equipment was not appropriate for the task, or the item was defective or too old, which caused failure.

Training and Instruction

Ongoing and job specific training and instruction are really the lifeblood of any truly effective IIPP. Presenting the information in a clear, concise format that is easily understood is often the most difficult task in this process. Yet, it remains perhaps the most important as it is vital that employees are continually educated and RETAIN their instruction. Peeling back this process with managers, foreman, superintendents, etc. and learning specifically how the training is being disseminated, allows for a true baseline to be established.

Recordkeeping

Document, document, document! While establishing a written version of the IIPP might be the first step, and revising/editing on an annual basis is recommended, having the proper documentation that accompanies each section is just as important. This provides the responsible person(s) an important tool to continually compare the company’s actions, trainings, assessments and prevention techniques with the available documentation.

Can An Effective IIPP Impact my Bottom Line?

Building an effective IIPP means that the document represents a part of the company’s culture. For it to be meaningful and have a real impact on reducing workplace injuries and illnesses, it must reflect what your company is actually doing on a day to day basis. As the company’s ownership ties this into the overall business, building the IIPP from the ground up into a living, breathing document has measurable impact on controllable costs like workers’ compensation. Reducing frequency of injury can help lower the experience modification, improve the loss ratio, and establish a solid risk profile in the insurance marketplace. Having the supporting documentation along with specific examples of forms, checklists and assessments can arm an insurance broker with the tools they need in the marketplace. More specifically, this information provides a broker important leverage points when negotiating the most competitive terms possible for the employer with the insurance carrier’s underwriter. Those points can lead directly to premium savings, which leads to healthier margins and stronger profitability. Build the IIPP because it is a CA state requirement and it is the right thing to do. But, believe that building a first class safety program will absolutely lower your long-term insurance costs.

For a sample IIPP, visit the Risk Management Center or contact Alyssa Burley at (619) 438-6869.

Six Reasons for Promptly Reporting a Workers’ Compensation Claim

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

Reporting workers’ compensation claims in a timely manner can have a huge impact on the severity of the claim. Some policyholders believe the practice of not reporting employee injuries early is a good business practice. This could not be further from the truth. Below are six reasons why reporting claims early can reduce the overall impact of a claim on an employer’s insurance premiums:

1. Lowers the cost of a claim – The cost of a claim gets higher and higher for each day it is not reported. Claims reported after 30 days of the injury on average cost 30% more than those reported right away.

2. Ensures that key evidence is secured – The prompt reporting of a claim allows the claims adjuster to ensure key evidence is preserved. It also ensures that the supervisor’s accident report and witness statements are taken while things are still fresh in their minds.

3. Potential hazards are identified as early as possible – When an injury or near miss occurs, there should be an accident investigation completed to find out the root cause of the injury. Identifying the cause or potential hazard will reduce the likelihood of a similar claim from occurring in the future. It can also be useful as a training topic during safety-related meetings.

4. Could identify “red flags” for fraud – It is very important to understand that an insurance company only has 90 days from the employer’s (or their management or supervisors) date of knowledge to accept or deny a claim. If the claim is reported late, it leaves the adjuster little time to investigate the validity of a claim, which might force them to accept it. If the claim is reported 90 or more days after the date of knowledge, the adjuster has no choice but to accept the claim. The impact of a fraudulent claim can have a significant effect on future workers’ compensation pricing.

5. Reduces litigation – When an injury claim is not reported in a timely manner by the employer, it can make the injured employee feel neglected or disgruntled. Reporting the claim early, showing compassion towards the employee, and keeping the lines of communication open will significantly reduce the likelihood of a litigated claim. Employees need to feel they are going to be taken care of medically and still have a job at the company. Employees are more likely to hire an attorney when they feel uneasy about their job security or they are not receiving proper treatment. When a claim becomes litigated, it typically prolongs the time it takes to close the claim and increases the cost by an average of 30%.

6. Untreated medical only injuries could develop into indemnity claims – A small percentage of medical only claims can turn into indemnity claims as a result of unforeseen complications. For example, if an employee has a small metal shard stuck in their finger and chooses not to receive treatment, the finger could become infected, require surgery, and ultimately cause nerve damage. Had this injury been properly treated from the beginning, it likely would have simply been a first aid claim. Early treatment is key to minimizing indemnity claims.

Quickly reporting claims is simply one risk management strategy to controlling a business’s insurance costs. To discuss this strategy and others please feel free to contact Rancho Mesa Insurance at 619-937-0174.

15 Tips for Reducing Exposures When Performing Median Work

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.

Many city contracts and some residential communities will call for landscape contractors to install, maintain, or remodel road dividing medians. The potential risk for injury that can occur due to this exposure is highly severe. If your operations include any percentage of median work, then be sure to understand this increases your overall risk profile and slides the operations needle towards “heavy” in class.

Are you going above and beyond to prevent injuries from occurring as a result of your median work? Here are some quick safety tips you can implement today to better protect your employees from median work related injuries:

1. Eliminate median work when possible. This is the quickest way to completely separate employees from the exposure.

2. Consider the time of day as it relates to visibility and traffic for both vehicles and pedestrians.

3. Employee familiarity

4. Proper signage and cones

5. Is someone on staff trained as a competent traffic control person?

6. Has a Job Hazard Analysis been completed before work begins?

7. High visibility clothing (vests or shirts)

8. Employees should face oncoming traffic as much as possible when working in / near a street.

9. Ensure work zone buffer space is great enough to provide adequate recovery area for errant vehicles.

10. What is escape route in case a vehicle crosses into the work zone?

11. Communicate the importance of maintaining an escape route with project managers and landscaper crews.

12. Make modifications to temporary traffic control, if necessary.

13. Do not park vehicles in the buffer space.

14. Be aware of pedestrian traffic near work site. Is there a clear path for pedestrians to travel safely, including those with mobility issues such as the elderly or disabled?

15. Ensure a Heat Illness Prevention plan is in place during hot months.

Note, these are only suggestions and all may not apply to your particular exposure. Consult with a safety specialist for proper training and work site safety procedures.

For questions about how median work can affect a company’s risk profile, contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

California SB 1343 Expands Sexual Harassment Training Requirements

Editor’s Note: This article was originally published on November 15, 2018 and has been updated for accuracy on September 12, 2019.

Author, Alyssa Burley, Client Services Coordinator, Rancho Mesa Insurance Services, Inc,

On September 30, 2018, California Governor Jerry Brown, approved Senate Bill 1343 (SB 1343), which expands rules for required sexual harassment prevention training for businesses.

According to the passing of Senate Bill 778, approved on August 30, 2019, by January 1, 2021, employers with 5 more employees must provide at least 2 hours of sexual harassment prevention training and at least 1 hour of training to non-supervisory employees every 2 years.

The bill requires “the Department of Fair Employment and Housing (DFEH) to develop or obtain 1-hour and 2-hour online training courses on the prevention of sexual harassment in the workplace, as specified, and to post the courses on the department’s Internet Web site. The bill also requires the department to make existing informational posters and fact sheets, as well as the online training courses regarding sexual harassment prevention, available to employers and to members of the public in specified alternate languages on the department’s Internet Web site.” However, the DFEH currently does not have the required training materials available, as of yet.

Rancho Mesa offers free Anti-Harassment training to all of its clients’ supervisors and employees throughout the country in response to California’s Senate Bill 1343 (SB 1343) and Senate Bill 1300 (SB 1300). The deadline for this training is January 1, 2021, according to Senate Bill 778.

Until the DFEH releases its supervisor and employee sexual harassment prevention trainings, Rancho Mesa recommends devising a training schedule/plan for your supervisors and employees in order to meet the January 1, 2021 deadline.

Resources:
legislature.ca.gov: SB-1343 Employers: sexual harassment training: requirements
legislature.ca.gov: SB-778 Employers: sexual harassment training: requirements

For questions about this training requirement or to learn how to enroll your supervisors and employees, register for the “How to Enroll Supervisors and Employees in the Online Anti-Harassment Training” webinar or contact Rancho Mesa’s Client Services Department at (619) 438-6869.

California Insurance Commissioner Announces Rate Cuts for 2019

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

California employers received some great news regarding their Workers Compensation premiums for 2019. On November 6, 2018, Insurance Commissioner Dave Jones recently announced his decision to cut California Workers’ Compensation advisory pure premium rates by 8.4% significantly higher than the initial recommended 4.5%. This change will affect policies that renew or incept on or after January 1, 2019.

To learn more about how this decrease will affect your company’s workers’ compensation premium in 2019, contact Rancho Mesa Insurance Services at (619) 937-0164.