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Monthly Archives

September 2017

Incident Investigations

By Workplace Safety

Employers should always make it a top priority to provide workers with a safe working environment. That said, accidents can still happen, even when employers strictly enforce safety practices and employees strictly adhere to them. Incidents happen due to a breakdown, departure, or failure in the acceptable method of performance. When an accident does occur, the incident investigation report will serve in several important objectives. So, it’s vital that a timely and thorough incident investigation takes place.

The Purpose of Incident Investigation. 

The main purpose of an incident investigation is for the employer to learn why the breakdown happened and determine procedures that could be put into place to prevent it from reoccurring. The employer should gather and examine the data they collect to figure out where and why the departure from acceptable behavior happened. Employers can learn from errors and increase future productivity from knowing if there was any indication of the breakdown prior to it occurring, or if there was any possible point that the breakdown could have been interrupted and stopped.

Legal liability is another purpose of investigating the incident. During the investigation, the employer will gather information that could be paramount in mounting a possible defense against any resulting lawsuit(s). The defense team in such lawsuits will build their strategy based on the what, when, who, where, why, and how of the incident, data that’s often revealed during the incident investigation.

How Should the Investigative Process Take Place?

The investigative process will begin as the scene of the incident is reviewed and examined. This can provide an exact reason, or possible scenarios, as to why the incident happened. Pictures should be taken of the incident scene. The pictures can later be compared to blueprints, diagrams, or drawings of the area to help determine what chain of events led up to the incident occurring.

Now, it’s time to question all witnesses that might have information leading up to, during, or just after the incident. You can use forms created by regulatory agencies or internally created forms to guide the questioning process.

Either way, using the completion of the form as a format for the questions asked will help to maintain objective questioning of witnesses, no matter who is asking or being asked the questions. It’s human nature for most people to immediately form assumptions and theories following the incident. Keep in mind that this type of non-factual information is useless and adds nothing to the validity of the investigation.

All the gathered information will be carefully analyzed by the investigator to determine what elements are explainable and what elements still need an explanation. The chronology of the chain of events will be explored. Then, the actions of those involved are examined alongside concurrently occurring actions to see if any of the concurrently occurring actions had any bearing on the incident.

Following the analysis, the investigator will make a written report that contains a description of the incident, the circumstances and elements that led to the incident occurring, why the incident occurred, and any recommendations to prevent it from reoccurring. The report should accompany the physical documentation collected by the investigator.

Although an incident investigation is initially about investigating, it makes little sense to know the what, how, and such of the incident if nothing is done to prevent it from reoccurring. So, the last stage of the incident investigation is about implementing the recommended changes suggested in the final report. For optimal success during the implementation stage, the employer should assign a task force to ensure that the recommendations are put into place, supported from the top down, and are subsequently followed by everyone.

Workers’ Compensation for Martial Arts Instructors

By Workplace Safety

Teaching martial arts is a way for you to share your skills with students of all ages as you equip them to protect themselves. Whether you own your own martial arts school or teach martial arts as an independent contractor, understand Workers’ Compensation for martial arts instructors. It protects you and your assets.

What is Workers’ Compensation for Martial Arts Instructors?

You emphasize safety in all your martial art classes. However, accidents can happen at any time. You or one of your employees could be injured while sparring with an advanced student or receive a concussion from the blow of an inexperienced first-year student. An environmental or other condition in the studio could make you or your employees ill as you work, too. Workers’ Compensation protects you and your business.

A Workers’ Compensation insurance policy pays medical expenses, lost wages, vocational rehab and death benefits to employees who are injured or become ill because of work. It helps your employees get better and return to work as soon as possible.

It also protects your assets. You are responsible for the costs associated with treating an injury or illness that occurs on the job. These expenses can be high, causing you to lose your business or personal assets as you pay off the debt or cover related legal expenses.

Why Martial Arts Instructors Need Workers’ Compensation

In most cases, you must purchase Workers’ Compensation. Many states require this coverage.

Workers’ Compensation is also important for business owners. You will probably need to show it to your landlord when you lease your studio.

You will also want Workers’ Compensation if you teach martial arts as a self-employed independent contractor. Many martial art school owners will ask to see a copy of your policy before they hire you to teach.

Which Martial Art Instructors can Purchase Workers’ Compensation

All martial art instructors should purchase Workers’ Compensation. It protects you whether you use your skills to teach traditional martial arts classes, self defense classes or law enforcement or tactical defense classes.

Martial art instructor Workers’ Compensation does not cover military trainers, tournaments or competitions, athletic trainers or boxers.

For more details on which martial art instructors can purchase Workers’ Compensation, talk with your insurance agent. Discuss the types of classes you teach, how often you teach and where you teach as you determine how much Workers’ Compensation coverage you need.

How to Purchase Workers’ Compensation

Your insurance agent can help you purchase Workers’ Compensation for martial art instructors. He or she will also provide details about your coverage.

Workers’ Compensation for martial art instructors is an important part of your business. Be sure you have adequate insurance coverage before you teach your next class.

Cell Phone Safety Policies

By Workplace Safety

Employers with mobile employees should make sure that they are taking a proactive approach to ensuring that these employees are using their cell phones in a safe manner and not putting themselves and bystanders at risk of injury. Any employer with mobile employees should have a cell phone safety policy in place that clearly defines if and how cell phone usage is allowed while driving and what the repercussions for breaking the policy are. To help ensure that the cell phone safety policy is enforceable, reasonably fair, and realistic, employers might seek the input of their mobile employees and management team when creating the policy. Here are seven policy options to consider:

Safety Training For Drivers. 

Of course, you should ensure that all drivers of company vehicles have a valid driver’s license. Your policy should also definitely require that any mobile employee using a company vehicle complete a driver safety and defensive driving course before being handed the keys to a company vehicle. These safety courses often include demonstrations related to driver distraction from cell phone usage. This can be a real eye-opener for drivers that might have never seen the devastation caused by vehicle crashes firsthand.

Post Warnings in All Company Vehicles. 

A concise notice should be posted in all company vehicles. The notice should clearly state that cell phones shouldn’t be used while driving and that if the phone call is an emergency, then the operator should let a passenger make the call or pull over before using the cell phone.

Hands-Free Device Option. 

If feasible, your policy might be that mobile employees can only use hands-free devices when driving. While providing your mobile employees with a hands-free device isn’t going to ensure that the worker isn’t distracted by a phone conversation, hands-free devices have been shown to reduce distraction.

Answering Services or Call Forwarding Options. 

It might be hard for mobile workers and those trying to contact them to adjust to an answering service or call forwarding option, especially if workers have previously been allowed to make calls or answer their phone while driving, but the convenience of immediately answering or making a phone call during driving activities simply isn’t worth the risk and liability. After the mobile worker arrives at their destination, then they can check their messages and make appropriate return phone calls.

Turn the Cell Phone Off. 

Your cell phone safety policy could include the mobile employee shutting the cell phone off while he/she is driving the company vehicle. The employee can turn their cell phone on to make needed calls or check their answering or call waiting service once they’ve arrived at their destination. If turning the cell phone off is part of your cell phone safety policy as a method to reduce driver distraction, then the policy should also include any passengers turning their cell phones off as well.

Let Employees Take Responsibility. 

Most employees aren’t going to adhere to a policy that’s all talk and no action. The cell phone safety policy might also include making employees take responsibility for any fines or additional vehicle operation costs incurred from traffic violations related to illegal cell phone usage. The policy might also state a more harsh disciplinary measure for workers that acquire a certain amount of traffic violations.

Banning Cell Phones from Company Vehicles. 

Before making a total cell phone ban part of a cell phone safety policy, employers should understand that this could leave the employee unable to contact emergency services in the event of an accident or emergency. So, completely banning the use of company or personal cell phones during driving should only be considered after careful thought and as a last resort. It might be necessary if mobile employees continually ignore the above policy options or have repetitive cell phone traffic infractions.

Workers’ Compensation for Water Sport Businesses

By Workplace Safety

Owning a water sport business can be fun and a good investment, but you need to hire employees to help the business run smoothly. Be sure you purchase adequate Workers’ Compensation to cover your employees and protect your assets.

Covered Water Sport Businesses

Your water sports business could encompass dozens of activities in, on or near water. Whether you offer one or several sports, you will need Workers’ Compensation for your business. Example of water sports offerings include:

  • Fishing
  • Boating, Sailing, Yachting
  • Kayaking, Tubing, Canoeing
  • White Water Rafting
  • Jet or Water Skiing
  • Parasailing
  • Kneeboarding, Skimboarding
  • Kitesurfing, Kiteboarding
  • Hoverboarding, Flyboarding, Wakeboarding
  • Paddleboarding, Paddle Surfing
  • Snorkeling or Scuba Diving
  • Swimming and Diving
  • Polo
  • Surfing

What is Workers’ Compensation?

Many states require business owners to purchase Workers’ Compensation for employees, including seasonal and temporary workers. It pays certain expenses employees incur if they are injured or suffer an illness while performing work-related tasks.

Workers’ Compensation benefits can pay for:

  • Medical care
  • Lost wages
  • Death benefits
  • Vocational rehabilitation

Every Workers’ Compensation insurance policy has two parts.

Part One or Coverage A addresses your statutory liability, meaning the coverage your state requires you to carry. It includes no coverage limits and will pay all claims regardless of any benefit changes your state makes.

Part Two addresses employer liability for any employees that are exempt from Worker’s Compensation coverage. These employees could include independent contractors like boat owners or dive instructors who do not purchase their own Worker’s Compensation policy. Part Two can also cover legal expenses from third-party lawsuits.

Why you Need Workers’ Compensation for Your Water Sport Business

Whether your business operates year-round or seasonally, you value your employees and want to protect them from injuries or illnesses. However, accidents happen. You will want to provide financial resources that help your employees navigate their recovery and return to full health and work as quickly as possible.

Adequate Workers’ Compensation protects your business, too. It can protect your assets if you are sued by an employee, and it can pay legal expenses related to any lawsuits. Workers’ Compensation coverage also protects you from fines levied by your state if you don’t purchase adequate coverage.

Contact Your Insurance Agent

For more information on Workers’ Compensation for your specific water sport businesses, contact your insurance agent. He or she will assist you in understanding and complying with your state’s Workers’ Compensation laws. Your agent will also help you purchase the policy that’s right for your business and needs.

With the right Workers’ Compensation policy, you receive peace of mind. It protects your employees and your assets as you help your customers have fun while playing on the water.