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Monthly Archives

January 2009

PROTECT THE CONTENTS OF YOUR APARTMENT WITH RENTER’S INSURANCE

By Personal Perspective

Many renters assume that because they don’t own their dwelling they have nothing at risk. In fact, a 2006 survey by the Insurance Research Council found that only 43% of people who rent their dwellings said they had Renter’s insurance.

Although renters may not face the same level of risk as homeowners, they still have to protect themselves in the event a disaster strikes. Your landlord probably carries insurance, but this only protects the building – not the contents of your individual apartment or home. Renter’s insurance protects your personal property in case of fire, smoke damage, lightning, vandalism, theft, explosion, windstorm and water damage resulting from burst pipes, sprinkler systems, or malfunctioning heating/cooling systems.

The amount you receive if your belongings are damaged or stolen depends upon whether your policy is for “actual cash value” or “replacement cost.” Actual cash value coverage pays you what your property was worth at the time it was damaged or stolen, minus your deductible. Replacement cost coverage pays what it actually costs to replace what you lost, minus the deductible.

Although protecting your personal property is an important reason to carry renter’s insurance, there are other equally important reasons you should never rent an apartment without it. Renter’s insurance provides you with liability protection in the event someone slips and falls while in your apartment. If this happens to you, you are covered up to the policy’s liability limit for an award in a court judgment and for your legal expenses.

In some instances, apartments are rendered uninhabitable because of fire, burst pipes, or another disaster. If the event is a covered peril under your policy, Renter’s insurance will cover any additional living expenses you incur until you can move back into your place. However, there are certain limitations. Generally, the maximum amount you can receive is between 30% to 50% of the total value of the policy, depending upon your coverage. Your insurer will usually continue to pay while your home is being repaired or rebuilt, or until you find suitable alternative living arrangements. Some insurers cap the amount of time you can receive this benefit at 12 months, while others cover you for what they consider a reasonable length of time.

Finally, Renter’s insurance can protect you in the event you cause unintentional damage to your landlord’s property. In most instances of renter-caused damage, the landlord’s insurance company will pay for the repairs, but will seek reimbursement from the liable tenant. In this scenario, your renter’s insurance covers you for the reimbursement amount.

If you are currently renting an apartment and don’t have Renter’s insurance, call our office today to discuss purchasing coverage. Our agents can show you how simple things like raising your deductible, or installing smoke detectors and burglar alarms, can help you get great coverage at an affordable rate.

SEPARATE POLICY OR ENDORSEMENT: HOW TO INSURE YOUR MOTORCYCLE

By Personal Perspective

As the weather warms up, more and more riders will be hitting the streets with their motorcycles. Whether you’re a weekend rider or a hardcore road warrior, you want to be sure your valuable bike is covered for any contingency.

As a motorcycle owner, you are faced with the decision of whether to insure your bike by adding an endorsement to your Auto insurance policy, or by buying a separate policy. It’s important to understand the differences between the two so you can choose the option that best suits your needs.

An endorsement is a document that is added to a basic policy either at the time the policy is purchased, or during its term, which becomes part of the policy and increases the coverage provided by that policy. If you insure your motorcycle by adding an endorsement to your Auto insurance, you will only have one insurance bill to pay to cover both your car and your bike.

However, there are certain disadvantages to insuring your motorcycle this way. In most cases, you cannot customize your insurance with an endorsement. You are locked in to the same coverages, limits, and exceptions for your bike that apply to your car. That’s why it is important to discuss with our agents what a motorcycle endorsement covers and how it’s covered before you add it to your Auto policy.

Your insurer may offer you the choice of purchasing separate coverage for your motorcycle. While Motorcycle insurance does vary by state and insurance company, one thing remains the same: your driving history and credit score can impact your eligibility. Riding a motorcycle is a higher risk activity than driving a car; if you have a number of tickets or accidents on your driving record, you may be considered too high a risk for the insurance company to extend separate coverage.

If you qualify, there are certain advantages to having a separate policy. Because these policies are created specifically for motorcycles, they offer more coverage options. For example, a motorcycle policy allows you to choose higher liability limits than you have on your Auto insurance.

One of the great things about owning a bike is the ability to personalize it, but many of these customizations aren’t covered unless you purchase a separate Motorcycle policy. Typically, a basic Motorcycle policy will extend coverage for custom parts and equipment up to a specific limit, such as $1,000. If your custom accessories or parts are worth more than the basic policy limit, it’s a good idea to purchase additional coverage to cover those parts in case they’re ever damaged. Also, be sure to ask for a list of the specific custom parts that are covered, and any exclusions that may apply.

Keep in mind that although you will be paying a separate premium for Motorcycle insurance, you may qualify for discounts. Many insurers offer discounts for multi-motorcycle policies, mature drivers, and insuring both your auto and motorcycle with the same company. In some instances, you can receive a discount for attending safety training programs, or for becoming a certified motorcycle safety instructor.

CONSIDER LEGAL IMPLICATIONS OF INJURED EMPLOYEES RETURNING TO WORK

By Business Protection Bulletin

When making the decision to return an injured employee to work, there are several significant legal issues that must be considered as a result of both state and federal law.

The first consideration is your state’s Workers Compensation laws. Although a common objective of Workers Compensation laws is to facilitate the injured worker in returning to a productive job, not all states approach this goal in the same manner.

Your state’s approach probably falls into one of the following three categories:

  • States that provide for a specific number of weeks of rehabilitation and a limited amount for training for the injured worker. After training is complete, the worker is considered rehabilitated. This training component also limits the employer’s liability to find another job for the claimant.
  • States that are considered defined benefit states. A worker is paid for his temporary total disability. If disability reaches a predetermined percentage of body loss, however, the employer can issue a lump-sum payment and close the case, whether the worker can return to work or not. Rehabilitation is a minor part of this approach.
  • States that use loss of earning power as qualification for benefits. Once a worker is injured, his Workers Compensation benefits will continue for life unless he is proven to have an earning power. In these states, the employer at the time of injury must offer a job to the injured employee if one is available within the employee’s physical restrictions. If this is not possible, the law requires that rehabilitation efforts begin.

The Americans with Disabilities Act (ADA) also presents certain legal considerations concerning the manner in which an injured employee is returned to work. The first consideration is regarding the collection and maintenance of the injured employee’s medical information.

The ADA requires employers to collect this information to determine how to accommodate an employee’s disability and whether the employee is capably of performing a specific job. However, the ADA also mandates that employers:

  • Treat this information as a confidential medical record.
  • Maintain this information on separate forms and keep the forms in separate files.
  • Not use this information for any purpose that is inconsistent with the ADA.

There are also specific rules regarding the disclosure of such information. Supervisors and managers may be informed about necessary restrictions and accommodations arising from the disability. In addition, first aid and safety personnel can be informed if the employee’s condition may require emergency treatment.

Another key consideration under the ADA is whether or not the returning employee is eligible for a particular job. The law says that if an employee can perform the essential parts of a job, they are eligible, even if certain minor aspects of the job cannot be performed. Employers are required to make reasonable accommodations as necessary so that the employee can perform the job. This is what is commonly referred to as a “light-duty” assignment.

Decisions regarding necessary accommodations must be accomplished through a joint process involving the employer, employee, and the employee’s doctor. A company refusing to make reasonable accommodations is at risk for a lawsuit. A worker who refuses reasonable light-duty work risks having their benefits or employment terminated.

AVOID VICARIOUS LIABILITY BY TRAINING AND MONITORING EMPLOYEES

By Business Protection Bulletin

”Respondeat superior” is a Latin phrase that translates “let the master answer.” This is legal jargon relating to the breadth of the employer’s responsibility for the actions of his employees. Literally, and in basic terms, any injurious or wrongful act of an employee within the course and scope of his employment creates liability for the employer (the master). This is commonly known as “vicarious liability.”

An employer’s liability for injury or damage caused by employees is considered “vicarious” because the act was not committed by the employer, but by individuals for whom the employer is responsible. Just like a parent is responsible for the actions of a child, even if the parent had no knowledge of what the child was doing, so too is the employer responsible for the employee’s actions.

When crews are spread over several job sites, the employer loses some direct control over the actions of the dispersed employees; however, he is not relieved of his responsibility for the actions or inactions of these workers. The “master” will be required to financially stand up and answer for any injury or damage caused, even though he might not have been aware of those actions.

Within the framework of construction operations, the employer is obviously responsible for any work done incorrectly or poorly. For example, if an employee of a plumbing contractor does not properly cement or solder a pipe, leading to severe water damage from a break at the connection point, the employer is expected to pay for the damages.

Beyond simply being vicariously liable, the employer has the potential to be accused of “negligent entrustment.” Negligent entrustment can be asserted when an employer allows an unqualified person to use a dangerous instrumentality. Construction sites teem with dangerous instrumentalities; from items as simple as nail guns and power saws, to man lifts, grading equipment, and trenching equipment. Employers owe a duty to the employee, others on the job site, and even the general public to affirm an employee’s ability to safely and correctly operate equipment necessary for their job.

To avoid breaching this duty and allegations of negligent entrustment, the employer must test employees to confirm they are adequately trained to operate the equipment they are expected to use. This can be accomplished by observing the employee’s use of the equipment and correcting misuse. Observation and training should be done by a highly trained supervisor or by the supplier. The training must include detailed safety instructions and “what-if” scenarios. Once the employee has been “cleared” to use the equipment, continued observation is necessary to ensure the employee doesn’t become careless.A common response to recommended training and testing is, “We don’t have time for that.” This may be true, but if you don’t have time to train, do you have time to go to court? Also, do you have the funds to pay the damages? Successful negligent entrustment suits often involve punitive damages that could drastically increase the cost for that particular incident.

Vicarious liability and charges of negligent entrustment aren’t limited to your employees. You may also face liability for the actions of entities or individuals to whom you sub-contract work. Making sure you hire qualified and properly insured subcontractors is of vital importance.

You, as the saying goes, are your employee’s keeper. Not due to lack of trust, but because you are ultimately responsible for the results and consequences of their actions. Choosing, training, and monitoring your employees and subcontractors will allow you to avoid or at least minimize many of the potential problems.

MAKE YOUR WORKPLACE HARASSMENT AND DISCRIMINATION-FREE

By Business Protection Bulletin

Harassment and discrimination can spell big trouble for a business. It can cause disruption in the workplace and lower employee morale. It can also result in lawsuits that have the potential to cost employers hundreds of thousands of dollars — or even more.

The U.S. Supreme Court has held that employers can be found liable for harassment and discrimination claims, even if the employer wasn’t directly aware that harassment and discrimination were occurring in the workplace. Employers are expected to take a proactive stance, and an employer who has not addressed the issue at work is vulnerable in the event of a lawsuit.

What are harassment and discrimination?

Harassment and discrimination are defined by federal, state and local laws. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, gender, creed, religion and national origin. Other laws prohibit discrimination on the basis of age, disability and pregnancy.

Harassment can include any verbal, written or physical act that makes employees uncomfortable at work or interferes with their ability to perform their jobs. It can include jokes, emails, cartoons, drawings or other material that is suggestive or reflects negatively on a protected class. It can include slurs or offensive language.

What can you do about it?

As an employer, you can be held accountable for all forms of unlawful discrimination and harassment, so it pays to have a proactive policy to protect your business and your employees. Here are some ways you can begin to address the issue:

Create a harassment and discrimination prevention policy: Make sure employees know that you will not tolerate harassment or discrimination. A formal written policy outlining your commitment to a harassment and discrimination-free workplace is a good way to start. Many employers include such a statement in employee handbooks that are distributed to all employees and collect a signed statement of understanding from each employee. Others combine a written statement with a mandatory employee training session.

Outline steps employees should take: Your policy should also include a method for employees who feel they are being harassed or discriminated against to report the behavior. A formal investigation process is also important. Some companies ask employees to report their concerns to their immediate supervisor first or to the next person in the chain of command to begin an investigation. Others direct employees to bring their concerns directly to the office manager or HR department. The important thing is to make sure the method is clear, easily accessible and highly confidential.

Make sure employees know you and your management team take your policy seriously: One of the best ways you can gain employee buy-in for your policy is to make sure you and your managers demonstrate that you believe it is important. Whether during a meeting or in informal settings, it’s a good idea to stress the amount of harm harassment and discrimination can cause and to make sure employees know they can come to you if they’re not treated fairly.

Taking care of business

In today’s competitive business environment, it can seem like there is too much information to process and too many tasks to perform. It can be tempting to put issues like harassment and discrimination prevention on the back burner, particular for a company that started out small but is growing rapidly. However, taking the time to establish and communicate a proactive policy is a wise move — one that can help you protect your company and build a stronger workplace in the long run.

TAKE PRECAUTIONS WHEN EMPLOYEES RUN BUSINESS ERRANDS

By Construction Insurance Bulletin

Have you ever sent an employee out to pick up needed supplies? Offered to buy lunch for the crew and asked an employee to pick it up? Unless you only send employees who are insured to drive your company vehicles, you may be putting your business at risk. Your business may also incur liability if you travel on company business and have an accident in a rented car while traveling to meet a client or for other business-related purposes.

Why would your business be at risk? Because if there is an accident that causes damage to a third party and the driver’s insurance doesn’t cover the full costs, your company may be sued to recover the excess amount. Employees who use their personal cars are generally required by law to have insurance. But unless you hire them as drivers, you probably have no idea how much insurance coverage employees actually carry ― or even if they have insurance at all.

If you’re traveling on company business in a rental car, you’re probably covered by your personal insurance or by a policy purchased through the rental agency. But if you’re in an accident and cause damage that exceeds the amount of personal coverage you have, an attorney for the injured party would almost certainly seek damages from your company.

The Solution

The good news is that there’s a simple and relatively inexpensive solution: A Non-Owned Auto insurance policy. This type of policy protects your business if an employee gets in an accident and causes damage while running a company errand. It also protects your company if you cause damage in an accident while driving a rental car on company business.

Keep in mind that Non-Owned Auto insurance generally doesn’t cover drivers ― its purpose is to protect the organization. Non-Owned Auto insurance generally does not function as primary insurance; it is designed as excess liability protection. In other words, if your employee causes damage in an accident while driving a personal car on company business, the employee’s insurance would generally pay first. But if the liability exceeds the amount of the employee’s coverage, Non-Owned Auto insurance would protect your business from being responsible for damage costs not covered by the employee’s coverage.

The Bottom Line

Liability claims caused by vehicular damage can run into the millions of dollars. Your business could be at risk if an employee has an accident while traveling on company business. Your company could also be at risk if you or an employee has an accident while driving a rental car on business. Non-Owner Auto insurance can provide peace of mind ― and vital protection.

REDUCE WORK-RELATED STRESS TO LOWER WORKERS COMP CLAIMS

By Construction Insurance Bulletin

Employers who don’t take work-related stress seriously might be shocked to learn that, according to the American Institute of Stress, U.S. companies incur $200 billion to $300 billion every year in work-related stress claims. The Bureau of Labor Statistics reveals that claims resulting from work-related stress have an average duration of 23 days, which is four times longer than the average number of days lost from nonfatal occupational injuries and illnesses.

According to the National Institute for Occupational Health and Safety, work-related stress is defined as the “ … harmful and emotional responses that occur when the requirements of a job do not match the capabilities, resources or needs of the worker.” Stress can result in both physical and mental illness and can also be directly responsible for physical injuries. An article in The Journal of Occupational and Environmental Medicine suggests that the costs of administering health care are 50% higher for workers who claim job-related stress. To combat work-related-stress claims, employers must learn to recognize the primary causes of stress. NIOSH has identified 6 main reasons for work-related stress:

  1. Design of Tasks and Jobs: Heavy workloads; infrequent rest breaks; long work hours; shift work; and hectic or routine tasks that have little inherent meaning, do not fully use worker skills and provide little sense of control.
  2. Interpersonal Relationships: A poor social environment and lack of support or help from co-workers and supervisors.
  3. Management Style: Poor communication and not encouraging participation by workers in decision-making.
  4. Work Roles: Conflicting or uncertain job expectations and responsibilities that are defined too broadly.
  5. Career Concerns: Job insecurity; lack of opportunities for growth, advancement or promotion; and rapid changes for which workers are unprepared.
  6. Environmental Conditions: Unpleasant or dangerous physical conditions such as crowding, noise, air pollution, or ergonomics problems.

Proactive steps which employers can take to reduce stress in their work force include:

  • Improve Employee Communications – Make your workers feel involved by getting their feedback on management plans or decisions.
  • Give Employees a Sense of Control – Give your employees as much independence in the operation of their jobs as is reasonable and responsible.
  • Keep Employees in the Loop – Eliminate the stress of uncertainty by telling your employees what changes are going on and how they may be affected.
  • Don’t Label Employees – It’s healthy for employees to vent their concerns and frustrations as opposed to bottling up the stress because they fear retaliation, so let them express themselves freely.
  • Don’t Overload Your Employees – Do whatever possibly to reduce excessive workloads that exceed an employee’s abilities. Spread the load.
  • Create Realistic Work Schedules – Try to be flexible with your work schedules by considering the demands imposed on employees outside the job. Be as creative as possible and show you care. Be approachable.
  • Define Their Roles – Ensure employees clearly understand their responsibilities and what roles they play.
  • Give Meaning to Your Employees’ Skills – Try to design jobs so they stimulate and give meaning to your employees. Treat each employee as an asset and offer opportunities for advancement and cross-training. Try to incorporate all the skills they have to offer.
  • Socialize – Give your employees a venue in which they can interact socially, such as company picnics, sports or other activities.

Work-related stress affects the morale of your company. Stressed employees file more work-related claims resulting from physical injuries, health and mental conditions. You can reduce Workers Compensation claims simply by taking action and implementing positive stress-relieving measures.

OCP POLICY VERSUS ADDITIONAL INSURED COVERAGE

By Construction Insurance Bulletin

When a contractor wins a bid for a job, the contract with the owner or general contractor will often require the contractor to provide Liability insurance coverage for both the contractor and the owner or GC. The contractor usually accomplishes this by having his insurance company add the other party to his policy as an additional insured. An additional insured has certain rights under the policy, the most important of which are the right to insurance company provided defense and payment of losses. However, this approach may not satisfy all of the other party’s requirements. In this situation, the contractor might want to consider an alternative coverage approach.

An owners and contractors, protective Liability insurance policy covers an owner or contractor for liability arising out of the actions of a subcontractor. It is unique in that, while the subcontractor arranges for and purchases it, the sub has no underlying coverage. Rather, the insurance company issues the policy in the name of the owner or GC (the policy information page identifies the contractor doing the work). For example, assume Owner A hires Contractor B to build a small office building. Contractor B purchases an OCP policy insuring Owner A for liability it incurs from Contractor B’s work. If Contractor B erroneously cuts down trees on a neighboring property and the neighbor sues Owner A, the OCP policy pays for A’s defense and the cost of any settlement.

This is a much different arrangement than additional insured coverage. In that arrangement, Owner A has coverage under a policy issued in Contractor B’s name. Owner A may be one of many parties that B’s policy covers.

Beyond that difference, there are advantages and disadvantages to each approach. Assume that B’s policy covers losses up to a total of $2 million during the policy term. If Owner A is an additional insured, he is sharing that $2 million with B and any other parties with coverage under that policy. However, an OCP policy in A’s name will provide a separate amount of insurance just for A. Also, Owner A might want the insurance company to notify him in advance if it decides to cancel B’s insurance. An additional insured under B’s policy usually does not have any rights to advance notification. As the party named on the OCP policy, however, A is entitled to advance notice. This can be important, as the advance notice requirement may be included in the construction contract.

One disadvantage of an OCP policy is that it does not provide completed operations coverage. Coverage ceases when the contractor finishes the job. If the contract requires completed operations coverage, the subcontractor might have to ask his insurance company to add the GC as an additional insured for this coverage on his own Liability policy. Also, because the OCP is a separate policy, the insurance company will charge an additional premium for it, something they might not do for adding an additional insured. The OCP policy covers losses only if the GC is held liable for the subcontractor’s actions. It will not cover the GC’s sole liability for its own actions. However, recent changes to additional insured coverage have had this effect as well. Finally, OCP policies might be more difficult to obtain than additional insured coverage.

Which coverage arrangement to choose is a matter of negotiation between the subcontractor and the GC. Discuss your options with one of our agents and become informed about what each form does and does not cover. Most importantly, whichever coverage is selected should meet the insurance requirements and other provisions of the construction contract. Contact us today!

PROTECT YOUR EMPLOYEES FROM THE DANGERS OF A WHIPPING HOSE

By Workplace Safety

Pressurized hoses are used on the jobsite everyday to run tools like paint sprayers and nail guns. Although the tools they power can make a worker’s job much easier, the hoses themselves can be dangerous if handled improperly. The hoses derive power from the liquid or gas that moves inside them; however, that power also creates a reactive force. If the force is strong enough, it can cause the hose to whip, possibly causing serious injury if it strikes a worker and even additional hazards, like a chemical spill.

The following tips can help you prevent hose whipping hazards:

  • Inspect hoses for torn outer jackets, damaged inner reinforcing, or soft spots before using them. Hoses with these types of damage should be removed from service.
  • Reduce the pressure in the hose to a lower level if possible. Setting pressure regulators to 30 psi or less can minimize the possibility of the hose whipping.
  • Avoid making sharp bends in the hose, which can damage the reinforcement.
  • Don’t jerk on a hose that has become snagged as this can cause ruptures. Find the object the hose is caught on, and release it there.
  • Restrain pressurized hoses that are unavoidably located near other employees with guards that are strong enough to keep the hoses in place if a leak or rupture occurs.
  • Use solid lines with tight fittings if possible instead of flexible hoses when working near other employees. Solid lines do not whip or leak as readily as flexible hoses, which can develop leaks from vibration, pressure cycles and aging.
  • Examine the connections on pressurized hoses frequently to prevent any accidental detachment of the line, which would result in uncontrollable whipping. Hose clamps with a restraining chain should be used to minimize the whipping effect if hose connections should accidentally become loose.
  • Pin the two sides of the hose’s twist type fitting together using the lugs provided. Be sure these fittings are fully secured.
  • Use the safety device at the air supply to reduce the pressure in the event of a hose failure. This device is standard on all hoses that are ½ inch in diameter or larger. If the hose you’re using doesn’t have this device, lash the two ends of the hose together to restrict whipping.
  • Never connect or disconnect pressurized hoses, always depressurize first.
  • Don’t stop the airflow in a hose by bending or crimping with pliers as this could cause major hose damage.
  • Stand clear of potential rupture points when conducting hose pressure tests. During testing, the pressure should be increased gradually with a brief pause between each increase. Instruments for reading pressures should be arranged so they are clearly visible at all times.

EXCAVATION SAFETY FACTORS TO CONSIDER BEFORE WORK BEGINS

By Workplace Safety

Excavations are commonplace on construction sites. They are dug in order to build foundations and to accommodate various types of installations. Although having employees working in an excavation may seem like just another part of the job, that doesn’t mean that excavations don’t present some very real dangers.

The most frequent cause of injury/death associated with this particular work environment is the cave-in. One cubic yard of soil weighs about 3,000 pounds. If workers are buried, they’ll suffocate in less than three minutes. If they somehow manage to survive, the weight of the soil will probably have caused serious internal injuries.

However, cave-ins aren’t the only hazard in excavation work. Lack of oxygen, toxic fumes, explosive gases, and buried power lines may also present serious safety risks. The best way to avoid exposing your employees to these risks is to develop a site-specific safety plan prior to beginning any work.

There are several factors to consider when examining the site where an excavation is to be dug:

  • Surface debris- Identify any objects near the site that may create a hazard and be sure they are removed before digging begins.
  • Soil composition- There are four types of soil composition as defined by OSHA:
    • Stable rock- This is natural solid mineral matter that can be excavated and that remains intact while exposed.
    • Type A soil- This is cohesive soil that has an unconfined compressive strength of 1.5 tons per square foot or more. Unconfined compressive strength means the load at which soil will fail when it’s compressed. The unconfined compressive strength can be determined by laboratory or field-testing.
    • Type B soil- This is defined as cohesive soil that has an unconfined compressive strength of between 0.5 and 1.5 tons per square foot.
    • Type C soil- This soil has an unconfined compressive strength of 0.5 tons per square foot or less.
  • Underground utility lines- Where are the sewer, telephone, fuel, electric, and water lines located? What agencies need to be contacted to turn off the utilities until work is completed?
  • Vehicle traffic- Is the excavation near a high-traffic road? This is a significant factor because frequent vibrations caused by moving vehicles could cause a cave-in.
  • Stability of adjacent structures- Are there buildings, walls, or other structures that the excavation could render unstable? If so they will have to be properly supported before any digging begins.
  • Water accumulation- Could water accumulate in the excavation from nearby streams, heavy rains, or a high water table? If this is a problem, how will it be alleviated?
  • Atmospheric hazards- Could workers be exposed to atmospheric hazards or low oxygen levels? How will these hazards be controlled before work begins and what rescue equipment must be available in the event of an incident?

Although identifying hazards is the responsibility of all on-site employees, OSHA requires that a “competent person,” that is, someone who has been trained in soil analysis, protection methods, and excavation requirements, examine every excavation site. This person is responsible for classifying soil, determining the best method to protect workers from cave-ins, and testing for atmospheric hazards. The competent person must inspect the site and the protective system at least once a day for instability, damage, or other hazards.