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April 2009

Apr 01
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ESTABLISH AN EMERGENCY COMMUNICATION PLAN WITH YOUR FAMILY

By Personal Perspective

Severe weather is one of the most common sources of natural disasters, and no region of the U.S. is off limits. Does your family know what they should do in the event a weather-related natural disaster strikes?

According to the Home Safety Council, fewer than 30% of U.S. families have created and discussed an emergency communication plan. One of the reasons that so few families have developed one is that many people believe it requires considerable time and effort.

Creating an emergency communication plan is actually easier than you might think. The first component that you should have, according to the Home Safety Council, is a corded land line phone in your home. It is the most reliable source of communication in an emergency because it will continue to operate even if the power goes out in the house.

In addition to a communication plan, the Home Safety Council offers the following recommendations:

  • Have a “Ready-to-Go-Kit” – In a duffel bag or backpack, place one gallon of water per person, non-perishable canned food, a can opener, paper plates and cups, plastic utensils, a flashlight and extra batteries, a battery-operated radio, a change of clothes for each family member, personal hygiene items, a small first-aid kit, and pet food and supplies. Keep the kit near any medications you would need to take with you in an emergency.
  • Have a “Ready-to-Stay Kit” – You might have to stay inside your home for an extended period of time, and this kit will help you survive. In a large plastic tub with a cover, or easily accessible cabinet designated for this purpose only, place three gallons of water per family member, enough non-perishable canned food and snacks for at least three days, a can opener, toilet paper, blankets, books and games to keep you busy, a flashlight and extra batteries, a battery-operated radio, a small first-aid kit, paper plates and cups, plastic utensils, a change of clothes for each family member, personal hygiene items, and pet food and supplies.
  • Designate a safe meeting place outside your home.
  • Designate a safe place to seek shelter in your home in case of severe weather. Your survival supplies should be stored in this location.
  • Teach young children how to use the phone to call for help.
  • Update wireless phones with “in case of emergency” (ICE) contact information.
Apr 01
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CONSIDER RAISING POLICY DEDUCTIBLES TO SAVE ON PREMIUMS

By Personal Perspective

As money gets increasingly tight, consumers are trying to save wherever possible. Insurance policies are one place that people typically look to cut costs. But, are there ways you can save when it comes to insurance without jeopardizing your coverage? Many insureds believe so. One method of cutting back on your premium costs is to reduce the dwelling or liability limits on your homeowner’s policy. Similarly, you could also request a reduction in the liability limits on your Auto insurance policy.

However, not only do these methods fail to save you money in the long run, they also make you increasingly vulnerable to risk. Consider how much you could lose if a judge decided against you in a liability suit, or someone was hurt in your home.

A wiser course of action is to increase your policy deductibles. On a homeowner’s policy, raising your deductible from $250 to a $500 could realize a premium savings of 10% to 15%. You could also consider raising the deductibles on the physical damage section of your Auto insurance to save money on the premium. Having a $500 deductible on both comprehensive and collision can save you as much as 30%. A $1,000 deductible could result in even more savings.

Many insureds argue that if they do need to file a claim, they won’t have $500 to cover the newly increased deductible. Although $500 might sound like a large amount of money to get together, it is actually only $250 more than you would have needed if you still had the original $250 deductible. Keep in mind that with the savings benefit you will get from a higher deductible, you should be able to save that extra $250 in less than 2 years.

For those larger savings, consider a graduated approach. If you are not financially able to go from paying a $250 deductible to paying $1,000 deductible, raise your deductible to $500 now, and put the money you save into a dedicated savings account for the purpose of accumulating money to increase your deductible again. When you have saved enough in the account, increase the deductible to $1,000.

Raising your deductible will definitely save you money over the long-term. More importantly, it will not put you at an increased financial risk. Give our office a call today!

Apr 01
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UNDERSTAND THE FINE POINTS OF WAIVERS OF SUBROGATION

By Business Protection Bulletin

Suppose an air conditioning contractor, while installing a system for a new industrial building, has an accident. Another contractor’s employee on the job site suffers injuries when the AC contractor’s scaffolding collapses and falls on top of him. The injured worker sues the AC contractor and the project owner. The project’s contract included a requirement that the contractor assume the owner’s liability for any accidents arising out of the contractor’s work. Consequently, the contractor’s General Liability insurance company pays the injured worker for both the contractor and owner’s shares of the damages. The insurance company, however, has determined that the owner was 20% responsible for the accident. It files a claim with the owner demanding some of its money back.

The insurance company’s action is entirely legal. Many project owners and general contractors, wanting to avoid this situation, insist that their subcontractors agree to a waiver of subrogation.

Subrogation is a legal principle in which a person who has paid another’s expenses or debt assumes the other’s rights to recover from the person responsible for the expenses or debt. For example, if someone hits your car in a parking lot and causes significant damage, your insurance company will pay you for the damage (assuming you bought collision insurance,) then recover the amount of its payment (subrogate) from the other driver (or, more commonly, from the driver’s insurance company.) Subrogation holds ultimately responsible the person who should pay for the damage.

Owners and general contractors want to transfer their liability to subcontractors, to the extent that they can. Therefore, contracts often include a waiver of subrogation agreement. In such an agreement, the subcontractor promises not to pursue recovery from the other party. That agreement might bind the subcontractor’s insurance company, depending on the type of policy and its terms.

A standard Commercial General Liability policy forbids the policyholder from doing anything to impair the insurance company’s rights after the loss occurs. This implies that a waiver of subrogation agreed to before a loss binds the company. Also, the sub’s policy might protect the other party if it names him as an additional insured. Under common law, an insurance company may not subrogate against its own insured. To remove any doubt, the sub should ask the company to add an endorsement applying a waiver of subrogation to the person or organization named in it. Insurance companies vary on the amount of premium they charge for this; some make no charge at all.

The standard Business Auto insurance policy has language similar to the General Liability policy. Unlike GL insurance, there is no standard waiver of subrogation endorsement for Auto insurance. Some insurance companies might offer their own versions of such an endorsement. Again, premium charges will vary.

Workers Compensation policies require an endorsement whenever a waiver of subrogation is desired. This endorsement might apply on a blanket basis to all parties with whom the insured has written contracts requiring waivers. Alternatively, it can apply only to the party listed on its schedule. The insurance company may charge up to 2% of the policy premium for blanket coverage or 2% to 5% of the project’s premium for individual coverage.

Commercial Property and Inland Marine insurance policies vary as to whether they permit waivers of subrogation even before a loss.

In all cases, a contractor or building tenant who is required by contract to provide such a waiver should check the relevant insurance policies. Policy changes should be requested if it is unclear whether they permit pre-loss waivers. Be sure to consult with us on all insurance-related contractual matters to ensure that the proper coverage is in place.

Apr 01
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DOES YOUR COMPANY NEED INTELLECTUAL PROPERTY INSURANCE?

By Business Protection Bulletin

You might not even be aware of a critical breech in your General Liability coverage. But you’re not alone. Many businesses carry little to no Intellectual Property Infringement coverage, when, in fact, they would be wise to do so.

During the past decade or so, there has been a growing trend by many insurers to reduce coverage dramatically for advertising injury in General Liability policies. In addition, newer policy forms exclude coverage for trademark and patent infringement claims altogether.

The common misconception is that this coverage applies primarily to the publishing industry. But, if your business has any involvement with media, technology, or both, you might need to conduct a risk audit to uncover exposure to potential intellectual property infringement claims.

Does your business need Intellectual Property insurance?

Businesses which might be exposed include:

  • Publishing companies
  • Companies which mimic a popular brand slogan or name in their own advertising
  • Companies involved in e-commerce
  • Any company which has a web presence
  • Media companies which specialize in advertising, publishing, broadcasting, photography and similar related professions

Types of insurance

Depending on your exposure, available coverage options include:

  • Intellectual Property insurance which is a more encompassing form of insurance to enforce your patents and also extends coverage to copyrights and trademarks.
  • Patent insurance to protect holders of patents from patent infringement losses.
  • Liability insurance for patent infringement to protect sellers, manufacturers and also users when a claim is brought against them for alleged infringement of patents.
  • Specialized Media Liability insurance for any company that specializes in any media format.
  • Advertising Injury insurance to cover any potential claims that stem from advertising campaigns. An advertising injury is any statement made in advertising that causes loss to another person or entity.

Types of coverage

There are generally three types of Intellectual Property insurance coverage currently available:

  • Legal defense only provides coverage for the costs of legal defense but nothing for any awarded damages.
  • Indemnity and legal defense pays for both legal defense costs and any awarded damages.
  • Enforcement coverage to pay for any legal costs to pursue an intellectual property infringement claim against a third party.

To qualify for Intellectual Property insurance you might be required to show that you have performed an Intellectual Property Search or have registered for a patent, copyright, or trademark.

Intellectual Property is a specialized insurance coverage. Premium differences for any form of Intellectual Property Infringement coverage vastly differ so carefully examine what each policy covers and excludes. Consult with one of our insurance brokers and your legal counsel to limit your risk exposure.

Apr 01
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DEVELOP A PLAN TO REDUCE EMPLOYEE RETALIATION CLAIMS

By Business Protection Bulletin

Far too many employers these days are facing retaliation complaints from their employees under a variety of federal and state laws. Whether it is the Title VII of the Civil Rights Act, the Family and Medical Leave Act, provisions under some Workers Compensation state legislation, or the Americans with Disabilities Act, lawsuits against employers are definitely on the rise. Clearly, preventative action is called for here. Let’s examine a number of positive strategies that your company or organization can take to reduce these time consuming and expensive lawsuits.

Sensible Steps to Dissuade Retaliation Complaints

Taking certain basic steps can eliminate many of the causes for retaliation complaints. Consider the following:

  • Develop a comprehensive anti-discriminatory and anti-retaliation policy. This may best be accomplished with the assistance and advice of an employment lawyer. The most proactive approach is to take a zero tolerance stance against any legally defined discrimination. Included in this policy should be a very clearly designed anti-retaliation section. To make this policy work, you also have to create a very specific procedure in how management will deal with both discrimination and complaints of retaliation.
  • Train your supervisors and managers. Supervisors and managers need to be fully trained in how to respond to retaliation complaints and know the process they need to follow. From the attitude they present to a complainant, and in how the complaint is investigated and managed, good training is key. Keeping both neutral and responsive to the complainant is the best way to contain a potentially explosive problem at the outset so it doesn’t blossom into a litigious mess later on.
  • Communicate your anti-retaliation policies to all your employees. The employee grapevine is a powerful and often under-utilized tool. A savvy employer knows how to keep their employees happy simply by keeping them included in the loop. If your workers believe you are a proactive versus a reactive employer, you stand a better chance in successfully resolving the employee’s retaliation complaint before it spirals outward into the legal system.
  • Act immediately. When a retaliation compliant is made to management, the initial person receiving the complaint should automatically advise the complainant of the company’s policy and what steps will be implemented.
  • Document the retaliation complaint and any action taken. Trained and designated management or human resource personnel should be utilized to obtain well documented facts and statements. These should be obtained from the complainant, the individual or department which is the recipient of the complaint, and any parties witness to the complaint. Pertinent information from work logs or diaries, and personnel files should be included. Describe what steps were initiated to address the complaint, what was discussed and any actions taken.
  • Be courteous and respectful to all parties. A defensive, indifferent or hostile approach will clearly undermine the best of any anti-retaliation procedure. All parties need to be treated with respect and courtesy at all times. Alienating or antagonizing either the complainant or the accused will surely be counterproductive in resolving a complaint internally.

Retaliation complaints against employers have doubled in recent years. The law is clear. Knowing how to approach and act towards retaliation complaints can go a long way in keeping you from going to court. Even if it comes down to a legal battle, your documentation and actions can greatly reduce or positively affect what decision might be rendered.

Apr 01
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UNDERSTAND THE MEANING OF CERTIFICATES OF INSURANCE

By Construction Insurance Bulletin

When a construction firm wins a job or a retail store leases space in a mall, the person or company on the other end of the transaction typically imposes certain requirements. Chief among these is that the contractor, borrower, or tenant provides evidence that they has appropriate insurance. One way to do that is to deliver copies of the insurance policies. However, a bank that has thousands of outstanding loans might not want copies of its borrowers’ policies, for space reasons alone. A customary substitute for policies is a certificate of insurance. These documents are easy to complete and store. However, many insurance buyers and the firms with which they do business do not understand them.

An organization called the Association for Cooperative Operations Research and Development (ACORD) created the most commonly used certificate forms. ACORD’s instructions state that certificates are for informational purposes only. Many businesses that receive certificates incorrectly believe that they are contracts between them, the policyholder, the named insurer, and the writing agent. In fact, the certificate is nothing more than a snapshot of the insurance coverages in place at the moment the agent issued it. While it represents the policies in force, it does not provide the insurance coverage. Only the policies, which are contracts between the insurance companies and the policyholder, can do that.

For example, standard ACORD certificates state that the insurance companies will endeavor to provide advance notice to the certificate holder if they cancel the listed policies. Many certificate holders rely on this wording, but it does not legally bind the companies. Only specific provisions in the policies can obligate the companies to provide advance notice.

Businesses often require that certificates contain certain words, phrases or terms. It is important to know that insurance agents have legal boundaries that they must observe when they consider these requests. An agent may legally insert wording into a certificate only if the policies it lists contain that wording. For example, a general contractor might want a certificate it receives from a subcontractor to show that the sub’s general liability insurance policy covers the GC as an additional insured. The ACORD Certificate of Liability Insurance has check boxes that an agent can use to designate the certificate holder as an additional insured. If the policy contains an endorsement that provides this coverage, the agent can check the box without violating his contracts or state insurance law.

However, most states forbid agents from issuing certificates that imply coverage the policies do not provide. For example, some certificate holders might want certificates to state that the policyholder’s coverage applies on a “primary and noncontributory” basis. If the actual policies do not contain this language, the agent cannot properly add it to the certificates. Only endorsements issued by insurers can change insurance policies; certificates cannot. An agent who issues a certificate implying a false change in coverage might be breaking state insurance law and probably violating his contract with the insurer.

Before a business owner signs a contract for a construction job or a lease, it is important that she check with her insurance agent to make sure she has the coverage the contract requires. The agent can advise her about the availability and cost of any missing coverages. Only after the coverages are in place may the agent issue a certificate reflecting them.

When used appropriately, certificates of insurance are convenient business tools, but they can cause major problems otherwise. Remember, certificates are evidence of insurance coverage — not the source of it.

Apr 01
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THE IMPORTANCE OF ENVIRONMENTAL LIABILITY INSURANCE

By Construction Insurance Bulletin

Virtually every type of business has some exposure to losses caused by pollutants. The classic example is a factory dumping waste in a river, but health care facilities have medical waste, schools have fleets of busses and fuel storage facilities, print shops have inks and solvents, and offices have toners and other substances used in office equipment. Standard Commercial General Liability insurance does not cover many types of pollution incidents that could result in lawsuits. However, many specialized policies are available.

Every contractor has some exposure to pollution-related losses. Heavy equipment can leak fluids. Paints and solvents can spill at a job site. Fuel storage tanks at the contractor’s building can leak. A truck hauling hazardous debris from a job site can overturn. To protect themselves against these types of losses, contractors can purchase Contractor’s Pollution Liability insurance. These policies protect the contractor against claims from third parties for bodily injury, property damage and cleanup costs, and will pay the costs of defending lawsuits. The claim must result from a “pollution incident” (as the policy defines the term) for coverage to apply.

Firms outside the construction industry might also need Pollution Legal Liability insurance. Insurers have designed these policies to address the environmental risks associated with owning property, operating a facility, or running a worksite. Manufacturers, hospitals, schools, power plants, repair shops, and fuel distributors are just a few businesses that need this protection. Like the contractors’ form, it covers injuries, property damage, cleanup and defense costs. However, this policy applies only to specifically identified locations. It can cover multiple exposures, such as new and existing pollution conditions, pollution caused by products the firm sells, liability from the existence of mold, and liability from transporting pollutants.

Many organizations have fuel storage tanks above or below ground. If they leak, the resulting cleanup costs can be very expensive. A Tank Pollution Liability policy will pay for injuries and damage to others and government-mandated cleanup costs.

Lenders run the risk that their debtors will default on loans because of a pollution incident. Lender Liability Pollution policies can address this risk by covering financial loss resulting from the default of a loan on an identified location due to a pollution incident. The policies typically pay the amount of the outstanding loan balance or the cost of remediation, whichever is less.

Many products are either hazardous themselves (such as fertilizers, fuels, paints and cleaning chemicals) or are designed to contain or store hazardous products (such as drums, hoses, tanks, and pumps). Manufacturers, distributors and sellers of these products are vulnerable to liability for harm they cause. Products Pollution Liability policies cover injuries, damages, and remediation costs resulting from the failure of a product or caused by the product itself.

Property owners and remediation firms that implement pollution cleanup projects sometimes get nasty surprises in the form of cost overruns. To give these firms some certainty for projects costing $2 million or more, Remediation Cost Cap policies are available. These programs cover losses resulting when contamination is greater than expected, new contaminated areas at the site are discovered, regulatory requirements change during the project, or when regulators re-open projects that were thought to be complete.

The terms and conditions of all these policies will vary from one insurer to another, so it is important to review them carefully. It is also advisable to consult with one of our insurance agents with expertise in Environmental insurance. An uninsured pollution loss can devastate an organization. Environmental Liability insurance, chosen carefully, can help ensure your organization’s survival.

Apr 01
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TAKE THESE STEPS TO DECREASE WORKERS COMP COSTS IN A TOUGH ECONOMY

By Construction Insurance Bulletin

Workers Compensation costs are always a concern for employers — but in today’s tough economy, employers should be more watchful than ever. As financially stressed employees grow increasingly worried about their money problems, many are preoccupied and less attentive on the job. This can greatly increase the risk of an injury. Plus, when employees become anxious about potential layoffs, Workers Compensation claims could increase as workers look for a way to maintain their income. This is precisely why employers need to take every possible measure to rein in Workers Comp costs right now. Here are a few steps you can take to make sure employees stay happy and claims don’t mushroom out of control:

Open the lines of communication

Everywhere they turn, employees are hearing bad news about the economy. Consequently, workers are growing increasingly anxious about their job security and financial well-being. Now more than ever, it is absolutely critical for employers to keep the lines of communication open with their worried employees. Although it’s important to give workers the morale boost they need, it’s also important to be truthful. Don’t sugar-coat a bad situation. Studies show that employees who work for employers who are truthful, fair, and supportive have lower levels of stress, anxiety, and depression.

Research also shows that workers trust their immediate boss more than the company’s senior leaders. Therefore, direct supervisors should offer their employees plenty of support right now and address any widespread anxiety or rumors immediately.

Keep a close watch on claims

Although employers should always monitor claims meticulously, this becomes even more vital in a rough economy. That’s because workers might attempt to abuse the system when they are feeling financially stressed.

As you scrutinize the amount and type of claims being filed by your employees, keep an eye out for suspicious trends or patterns. This could help you to identify potential abuse. If you suspect any type of exploitation, report it immediately.

Give employees the right title

If your company has recently gone through lay offs or experienced a reduction in workforce, some workers might have changed positions or taken on additional responsibilities. If this is the case, ensure that your employees’ job classifications are up-to-date.

Encourage good health

Companies with wellness programs, fitness opportunities, nutritious food choices and other health-related perks have healthier, more productive employees. Healthy employees are less likely to suffer from illness or injury — which means they are less likely to miss work.

This is why it’s so important to adopt some sort of wellness program for your employees and establish a relationship with a qualified occupational medical provider. Find physicians who follow ACOEM (American College of Occupational and Environmental Medicine). Although they might be more expensive, it’s well worth the cost. These experts will take time to understand your company’s needs and ensure your workers stay healthy, productive and on the job — which will save you untold amounts of money in the long run.

Educate your employees about finances

In our current economic downturn, many of your employees are likely struggling to manage their finances. They don’t know where to turn for financial advice and expertise.

To relieve some of their stress, consider sponsoring office workshops and classes about financial matters like reducing credit card debt, investing wisely, securing a home loan and saving for college. This will give your employees the financial guidance they need while ensuring that they stay happy and productive on the job.

In any economy, whether it’s up or down, one thing is always clear: every day a worker is off the job, the employer loses money. Although you might be focused on other company problems right now, such as a reduced workforce, dwindling budgets and a decrease in sales, it’s important to maintain your focus on Workers Compensation issues.

Try to cut back on illnesses and injuries with a wellness program and other health perks. If an employee is injured, do everything possible to return that worker safely to the job as quickly as possible. After all, the longer an employee is out of work, the more difficult it is to get him back to work — and the higher the price tag for the employer.

Apr 01
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UNDERSTAND GUIDELINES FOR SAFETY WHEN USING HEAVY EQUIPMENT

By Workplace Safety

From off-highway dump trucks, pickups and flatbeds to earthmoving equipment like loaders, bulldozers and scrapers, jobsites are constantly swarming with heavy equipment. Most modern construction jobs would simply be impossible without this crucial equipment. However, if not properly inspected on a regular basis, these machines can quickly turn from helpful to downright dangerous. The Occupational Safety & Health Administration (OSHA) rules are somewhat vague when it comes to the proper inspection of heavy equipment. That’s why safety experts say your best bet is to refer to the manufacturer’s manual to find inspection criteria for each unique piece of machinery.

Drawing up your own inspection checklists. Unfortunately, heavy equipment manuals often do not include a thorough inspection checklist. If that’s the case, you should create your own checklist, using the operating instructions and maintenance procedures as a guide. You might want to include two or three different checklists: a site safety checklist, a safety equipment checklist and a systems checklist (including oil system, hydraulic system, etc.) As you build these checklists from information provided in the equipment operating manual, you might also want to refer to the general OSHA inspection guidelines that apply to your specific equipment. Once you have these inspection guidelines in place, you’ll want to introduce the checklists to your employees. It’s important to train each heavy equipment operator to walk through the checklist for their equipment on a daily basis—before they crank up and get to work.

Understanding the general OSHA guidelines. Although OSHA does not provide comprehensive inspection guidelines and checklists, the administration does offer some general requirements. Here a few of OSHA’s inspection rules that should be a part of your customized inspection guidelines:

  • Frequent (daily) inspections: A competent employee should inspect materials and equipment on a frequent basis. OSHA typically defines “frequent” as daily. Therefore, these checks should be completed daily or even more often if necessary.
  • Motor vehicles and mechanized equipment: Although OSHA does not provide any specific requirements for this type of equipment, the administration does point out that all equipment being left unattended at night should have appropriate lights, reflectors or barricades to identify the machinery’s location. Additionally, OSHA provides specific requirements for this equipment if it is being used or transported in the vicinity of power lines. (See OSHA 1926.550(a) (15))
  • Off-highway motor vehicles: All motor vehicles that operate within an off-highway jobsite must be inspected at the beginning of each shift. The worker inspecting the vehicle must ensure that all essential parts and equipment are in safe operating condition and free of any apparent damage that could cause equipment problems or failure. The service brakes (including trailer brake connections, emergency stopping system, parking system (hand brake), horn, tires, steering mechanism, seat belts, coupling devices, safety devices and operating controls must all be checked. Additionally, if jobsite conditions require lights, reflectors, windshield wipers, defrosters or fire extinguishers, these parts must be inspected, as well. If any defects are discovered, the damaged part must be repaired before the vehicle is put to use on the jobsite.
  • Earthmoving equipment: According to OSHA, earthmoving equipment includes scrapers, loaders, crawlers, wheel tractors, bulldozers, graders, tractors, off-highway trucks and other such equipment. Although the administration does not offer specific inspection checklists for this equipment, OSHA does say that seat belts must be provided on all equipment required to have seat belts as specified by OSHA 1926.602.
  • Properly trained employees: Heavy equipment must be inspected frequently and regularly by a competent person who is designated by the employer. OSHA explains that these employees must be properly trained in inspection guidelines to be considered a “competent person.”

If you want to keep your workers safe and your jobsite running smoothly, it’s important to have comprehensive inspection checklists in place for each piece of heavy machinery. It’s also important to train your employees on proper inspection techniques and ensure that they walk through these checklists each and every day. Contact our office today for more information. You can also visit the OSHA Web site at www.osha.gov.

Apr 01
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SIMPLE SAFEGUARDS PREVENT CONSTRUCTION SITE INJURIES

By Workplace Safety

Injuries resulting from slips, trips and falls are one of the primary causes of accidents in the construction industry. Overall, these types of accidents are responsible for 15% of all accidental deaths, second only to motor vehicle fatalities. Many of the causes for walking/working surface injuries and fatalities in the construction industry stem from grease, wet spots, clutter, uneven walking surfaces, ice, electrical cords, and broken ladder steps. To reduce injuries and the resulting workers’ compensation costs, both workers and supervisory staff need to be vigilant to spot and remedy potential hazards as soon as they are identified. Here are some of the most common reasons and remedies where construction injuries occur on the job site:

Wall Openings, Sides and Edges. Construction sites are especially hazardous because they almost all have some combination of wall openings, sides and edges that are not protected, or holes or openings in the floors. These are danger zones which must be addressed to ensure the safety of on-site workers. A few simple remedial measures can correct these hazards:

  • Regularly survey all work sites continuously to identify potential hazards from holes or edges and apply appropriate safety measures.
  • Cover or use a guard for any identified floor holes.
  • Where an unprotected edge might result in a potential fall or slip of more than 6 feet, apply an appropriate guard rail or give workers a suitable fall arrest device, such as a safety harness

Scaffolding. Quite a few construction sites employ scaffolding so that construction workers can enter the work site. However, due to poor or unsafe construction practices, many unnecessary injuries occur from these correctable hazards. To ensure safe use of scaffolding, contractors should employ the following:

  • Ensure the building of scaffolding is performed by people properly trained or ticketed to build scaffolds according to the manufacturer’s design. All scaffolding should be examined after completion by an appropriately trained supervisor.
  • Provide adequate rails in accordance with OSHA guidelines to prevent unnecessary falls.

Uneven/Unclean Walking Surfaces. Most slips and falls on uneven or unclean surfaces can be fixed simply by immediately addressing the problems as they arise. Good housekeeping can eliminate many of the problems that result in injuries to workers.

  • Ensure that all workers wear work boots with slip resistant treads.
  • Clean up any spills immediately.
  • Always be alert to conditions and don’t walk or move without examining the surface area of the work site.
  • Do not carry materials or equipment in a manner which obscures your ability to see what’s in front of you.

Using Ladders. Portable ladders are frequently used on construction sites. However, many falls occur because the ground is uneven, the ladder is not safely fastened, or the ladder is at an improper angle. To avoid needless injuries, educate workers and supervisors so they can ensure that the ladder is:

  • Safe and not damaged.
  • Secured to a solid structure.
  • Extended above the access landing by 3 feet.
  • On an even and solid surface.
  • Designed to bear the weight of a worker and with whatever tools he employs.

Simple safeguards and sound housekeeping can radically reduce needless injuries and resulting Workers Compensation claims that result from walking and work surface injuries.

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