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April 2008

REPETITION IN SAFETY TRAINING: IT WORKS, WORKS, WORKS

By Risk Management Bulletin

HeadOn. Apply directly to the forehead!
HeadOn. Apply directly to the forehead!
HeadOn. Apply directly …

OK, we’ll stop before we apply a headache to your forehead. But we’re repeating one of America’s most annoying TV ads (even the makers of HeadOn® admit it!) to make a point about safety training: When you’re trying to convince someone to do something, repetition works.

It worked for HeadOn, getting people to buy more than 6 million tubes of the stuff. And it will work for you in getting your workers to remember to follow safety procedures that might save all of you a headache!

Here are some reasons why:

  • Trainees learn at different rates. Not everyone picks up new information the same way: Some might get things the first time you tell or show them; others might need several exposures to the material. The trick in working with a group is to use the more agile learners to help the rest, while you supervise them all.
  • Trainees learn in different mode. Some people are visual learners, others audio-oriented, and still others process new information best by tactile means, actually touching or doing a new task. This means that you should not only repeat the material but also vary the ways you present it. A toolbox talk might work for some. Others need to see a PowerPoint® or video. Still others need to do the task.
  • Don’t just do what I say, do what I do. To ensure that all learners pick up a new procedure — such as how to operate equipment safely or utilize PPE — demonstrate it several times. Then let students do it themselves, while you coach and provide feedback.
  • Reinforcement Rocks! Few TV advertisers show their ad just once. Instead, their commercials run day after day, at spaced intervals. Print advertisers have also learned that it can be more effective to run a small newspaper ad day after day rather than one big full-page ad only once. Trainers call this “reinforcement,” and there’s an important reason that it’s needed.

“Trainees can remember 90% of what they’ve learned an hour after training,” says expert trainer Bob Pike, They then remember “50% after a day, 25% after two days, and only 10% after 30 days.” That’s why subject matter needs to be revisited six times before it can be considered to be truly learned.

Of course, unlike those annoying commercials that are always the same, your best strategy in revisiting topics is to change your approach each time: teach the same material, but with a new spin. Change your visuals, have new real-life examples, have different types of demonstrations, or even have a new person do the training. But the basic principle of repeating the key information will remain — or, as HeadOn might put it, Repetition: Apply directly to your employees. Because it works … works … works.

Our risk management professionals would be glad to work with you in developing and refining an effective, comprehensive safety education program.

SUCCESSFUL M&A DEALS: DON’T LET BENEFITS ISSUES GET IN THE WAY

By Employment Resources

Business considerations, and perhaps personal ones, guide an owner’s decision to sell a company or to expand operations through a merger or acquisition. Consequently, issues involving employee benefits plans are sometimes overlooked until well after the deal negotiations are underway. Delays in recognizing the importance of employee benefits issues to a merger or acquisition can increase the complexities of the transaction and/or create obstacles to its completion.

Benefits plan-related issues can impact merger/acquisition negotiations in a number of ways. Benefits plans can be a source of large liabilities (such as an under funded pension plan) or legal obligations (e.g., COBRA). And, as a crucial factor in employee compensation, mistakes or misunderstandings involving how benefits obligations will be handled can have severe employee relations repercussions. Therefore, taking steps to understand and make provisions for how the benefits plans of affected employees will be handled is crucial to the business transaction.

Any business owner entering merger/acquisition negotiations will need a thorough understanding of the affected employee benefits plans in order to assess the financial significance these plans bring to the transaction. For example, what is the funding status of any pension plan? Who will take responsibility for the COBRA coverage of employees terminated from the seller? Will the health insurer continue coverage for employees affected by the transaction? If health insurance coverage is self-funded, what is the extent of outstanding claims and potential liabilities? Which party will be responsible for any severance pay, accumulated vacation time or paid time off? Unforeseen liabilities associated with issues such as these can result in unwelcome surprises if discovered well into business negotiations.

Involving human resources and benefits personnel at the early stages of the business transaction can be one of the most important keys to avoiding problems. HR and benefits executives and staff are the individuals in a company with the best knowledge of the employee benefits plans. Furthermore, they understand the business strategy supporting the plans; how the plans fit into the company’s philosophy; compliance issues the plans create; and plan provisions and/or vendor-related issues that may be implicated in a merger/acquisition transaction.

HR involvement also is vital insofar as the role these individuals play in communicating M&A-related benefits issues to affected employees. Business transitions are a time when employees will be concerned about the potential for job loss or other changes in the status quo. Invariably, this becomes a time of stress for employees, with the potential for lower productivity, higher absenteeism and increased medical and disability claims. HR’s ability to answer questions, address rumors and clarify misconceptions will help keep these types of problems to a minimum.

Overall, employee benefits plans can present a myriad of complex, challenging issues in an M&A transaction. If dealt with upfront, early in the deal, the chances of these issues having a negative impact on the transaction are minimized. Involving HR staff in the beginning, and working with the services of business professionals savvy in M&A issues, also helps to ensure that employee benefits plan-related issues do not get in the way of a successful business deal. Let us help you with these and other complex Benefits issues. Contact us.

INSIDE THE DRUG FORMULARY: A PEEK BEHIND THE CURTAIN

By Employment Resources

Your company, like most employers, probably has a prescription drug program that includes a drug formulary. You know how the formulary works with your co-pay design, “incentivizing” members to make cost-effective medication choices. Now, peek behind the curtain and see how the formulary works from the insurer’s side.

Purpose

Insurers (and employers) use the formulary to manage costs and to improve care. When a drug company introduces a new drug that is similar to other drugs already available to treat the same disorder, they are considered to be “therapeutically equivalent” or, work in the same way to treat the disorder. Given an equal choice, the insurer might offer only the less expensive drug in its formulary, i.e., “equal quality at a better price” or require higher co-pay for the more expensive drug. In the case of Lipitor versus Pravachol, both drugs belong in a therapeutic class called “statins.” They lower cholesterol by slowing down the body’s ability to make cholesterol. Drugs in this class include atorvastatin (brand name Lipitor), fluvastatin (Lescol), lovastatin (Mevacor), pravastatin (Pravachol) and simvastatin (Zocor). Consequently, the insurer may choose to cover only one or two of these drugs, based on their ability to negotiate favorable pricing.

Drug Selection

Insurers use a pharmacy & therapeutics (P&T) committee to select formulary drugs. The committee, made up of doctors and pharmacists, reviews the medical research on drugs within therapeutic categories. Within each category, they select the drugs that are “best in class” for inclusion on the formulary. The insurer then works to negotiate the best prices for the selected drugs.

The committee also tracks trends in side effects and outcomes of various drugs and may determine that a drug be eliminated if their ongoing research suggests that the benefits are not as real as the drug maker originally claimed.

In this way, the formulary protects plan members from drugs that are not performing as planned.

Cost

Insurers or, more frequently, sub-contracted pharmacy benefit managers (PBMs) negotiate the purchase price of drugs based on three factors: Volume, “class of trade” and “ability to move market.”

Volume. Insurers negotiate better pricing based on the volume of drugs they expect to purchase – the greater the volume, the lower the price. To the extent that a formulary delivers greater volume of one drug over another, the formulary creates a volume advantage that is useful in negotiation.

Class of Trade. Drug manufacturers must follow a “class of trade” system that provides:

  • Lowest pricing to the federal government;
  • Next lowest pricing to hospitals;
  • Next lowest pricing to HMOs and other captive settings;
  • Next lowest (or highest) pricing to purchasers for retail trade.

Insurers that qualify as HMOs or represent other captive populations will usually achieve a pricing advantage due to special status pricing.

Ability to Move Market. The formulary is vitally important in delivering market to manufacturers. When an insurer or PBM can tell Pfizer, manufacturer of Lipitor, that all (“all” is always qualified) prescriptions for cholesterol-lowering drugs will be written for Lipitor (versus Zocor or Prevachol), they are “delivering market” and creating a competitive advantage for Lipitor that Pfizer is willing to pay for through lowered pricing.

Outcome

Formularies can improve care through the careful, ongoing review of drug effectiveness results by the formulary decision makers, leading to best choices based on the latest research and use market forces to deliver lower pricing.

HOW TO HANDLE LANGUAGE BARRIERS IN BENEFITS COMMUNICATIONS

By Employment Resources

From its founding, the United States has been a multi-cultural and multi-lingual nation. This demographic reality has continued to the present day.

Statistics from the U.S. Department of Education (DOE) on language characteristics and literacy illustrate the linguistic diversity of this country. For example, according to one DOE report and based on an analysis of Census Bureau data, during the 1980s, the number of persons age five years and older who spoke a language other than English increased 41%. The most significant increases were in Spanish, Asian, and Pacific Islander languages. The report went on to state that among those who spoke a language other than English at home, 47% said they had difficulty speaking and understanding English. Furthermore, a DOE survey conducted in the 1990s reported that 10% of the population spoke no English at all before entering school.

A disproportionately high number of those reporting difficulty with English were age 25 or older, i.e., work-force age. Language diversity among workers can pose a host of challenges related to (among other things) the communication of employee benefits information.

What must an employer with non-English speaking workers do to ensure these employees truly understand their benefits programs? This question is best examined on two levels: What is required and what is good workplace communications practice.

The basic required communications piece of an employee benefit plan is the summary plan description (SPD). ERISA, the federal law that governs employee benefit plans, does not require that employers provide SPDs in any language other than English. However, ERISA regulations do require that, in some situations, an employer must provide within the English-language SPD a notice in another language that offers speakers of that language assistance in learning about their benefits.

According to ERISA regulations, the offered assistance need not involve written materials, but must be “calculated to provide [the non-English speakers] with a reasonable opportunity to become informed as to their rights and obligations under the plan,” and the procedures that they must follow to obtain such assistance. For example, the notice in the other language could include the name, telephone number, and office hours of the plan administrator.

When are employers required to provide this notice? If the plan covers fewer than 100 plan participants, and 25% or more of the participants are literate in only the same non-English language, the employer must provide the notice. For bigger plans, the notice is required if either 500 or more participants or at least 10% of the participants are literate in only the same non-English language. Thus, if only a few workers are non-English speakers, the notice is not required. Conversely, an employer may need to provide notices in more than one non-English language (for example, Spanish and Vietnamese) if the requisite number of workers are literate in only those languages.

Many employers with foreign language-speaking workers go beyond the SPD requirements to make sure that all workers understand their benefit programs:

  • Translate some written materials into a foreign language. These might include highlights of the benefit programs, comparison charts, and enrollment forms. Companies that specialize in translation services for business needs could be contacted for this service.
  • Open benefits meetings, including enrollment meetings, to family members. Younger family members in particular are likely to be more fluent in English. Having bi-lingual or separate meetings in another language also is an option, but this may involve more time and expense.
  • Call upon employees who are fluent in both English and the foreign language to help those who have difficulty with English. This can be especially helpful at benefit meetings, where the rapid flow of a presentation or give-and-take of a question-and-answer session can sometimes be hard to follow.

An employer makes a huge investment in its benefit programs, and employees cannot appreciate these programs if they don’t understand them. Furthermore, employee benefits programs can be confusing, even for native English-speakers.

Contact us to explore methods by which your company can ensure that your employees have the opportunity to know their benefits. It’s an investment that helps employer and employees, alike.

THERE IS DANGER IN HANDLING COMPRESSED GAS CONTAINERS

By Workplace Safety

Despite their increasingly widespread use, compressed gases can be dangerous. Working with these gases exposes handlers to both chemical and physical hazards. The gases contained inside the cylinders can be toxic, flammable, oxidizing, or corrosive. Since they are pressurized, they quickly contaminate large areas if the cylinder, the regulator, or any part of the system springs a leak. This means that as a handler, you need to be familiar with the chemical hazards of the gas you are working with. In addition to the chemical hazards, there are hazards that result from the pressure of the gas and the physical weight of the cylinder.

All cylinders containing a compressed gas must be appropriately labeled. The label must include the type of gas and the hazards associated with its use. Never attempt to use a cylinder without a label.

Cylinders also have several stamped markings. The top mark is either a DOT or an ICC marking, which alerts you to the regulations for its handling. The DOT abbreviation refers to the U.S. Department of Transportation and the ICC marking refers to the International Code Council, which is a membership association dedicated to building safety and fire prevention. The second mark is the serial number. Under the serial number is the symbol of the manufacturer, user, or purchaser. The label must also contain the date it was manufactured and the month and year of the retest date. An A (+) sign indicates the cylinder may be 10% overcharged, and a star indicates a ten-year test interval.

Before you begin working with a cylinder, you need to be sure that all connections are tight. Use soapy water to check for leaks. You should also check that valves, regulators, couplings, and hoses are clean and free of any oil or grease. These components need to be kept oil and grease free the entire time you are using a compressed gas cylinder.

The cylinder valve should always be opened slowly. Stand away from the face and back of the gauge when opening. If a special wrench is necessary to open a cylinder or manifold valve, the wrench should be left in place on the valve stem while the cylinder is in use. This will enable you to shut off the gas supply quickly in case of an emergency. It also ensures that nothing will be placed on top of a cylinder that may damage the safety device or interfere with an emergency closing.

Keep cylinders away from open flames and other sources of heat at all times. A fire-extinguishing apparatus should be readily accessible when combustible materials are exposed to welding or cutting that necessitates the use of compressed cylinder gases. Use flashback arrestors and reverse-flow check valves to prevent flashback when using oxy-fuel systems.

Never tamper with safety devices and valves. Likewise, you should never attempt to repair a damaged or broken valve. Remove all regulators when work is completed, when moving the cylinders, and when cylinders are empty.

If you must transport a compressed gas cylinder, use a cylinder cart and secure the cylinders with a chain. Don’t try to move or lift cylinders by pulling on the protective valve caps. Don’t drop a cylinder; it can explode on impact. The physical weight can crush your toes if you are not wearing steel-toed shoes. You should also never handle cylinders roughly or allow them to crash into each other. Unless cylinders are secured on a cart, regulators should be removed, the valves should be closed and the protective valve caps should be in place before the cylinders are moved.

Finally, always have the correct Material Safety Data Sheet available for the gas contained within the cylinder(s) you are working with. Be sure you are familiar with the health, flammability and reactivity hazards associated with those gases. Don’t wait until an emergency to try to find the information you will need to handle the situation. Contact us for more resources and information.

TAKE PROPER PRECAUTIONS WHEN USING PORTABLE HEATERS ON CONSTRUCTION SITE

By Workplace Safety

Construction is a year-round industry. Just because old man winter hits, work doesn’t stop. You can be exposed to low temperatures, high winds, dampness and cold water, all of which can cause cold-related stress to your body. This could result in a dangerous situation of rapid heat loss.

When heat is lost in this manner, there is the possibility that you could experience some hazards that may cause health problems. The first of these is hypothermia. This occurs when your body temperature falls to a level where normal muscle and brain functions are weakened. Freezing temperatures generally cause hypothermia, but it can happen in any climate where a person’s body temperature drops below normal.

The second hazard you need to be aware of is frostbite. This condition results when the skin tissue actually freezes. It causes ice crystals to form between cells and draw water from them so the cells become dehydrated. Although frostbite usually occurs when temperatures fall below 30°F (-1°C), wind chill can cause frostbite even with the temperature above freezing.

To help combat the cold, portable heaters fueled by propane are often used on site. Although they provide adequate heat, there are some obvious safety concerns when using large, high-BTU, portable heaters.

To protect yourself, you need to take certain precautions when using a propane heater:

  • Be sure heaters are in good condition and operating properly. If a heater is not working, as it should, stop using it immediately, report the problem to a supervisor and ask for a replacement.
  • Keep propane tanks upright, on a firm, level surface that is at least six feet from the heater.
  • Do not use heaters in an area where they can come into contact with combustible materials. Do not place a heater directly on a plywood floor. Instead, place it on a 4-foot by 4-foot square of fire-resistant drywall or cement-board.
  • Protect all hoses from physical damage and exposure to extreme heat. Don’t run hoses through a non-secured doorway because a closed door will pinch the hose. This will damage the hose, which will make it difficult for gas to flow into the heater. If a hose is run through a window, put a block on the sill to prevent the window from closing on and pinching the hose.
  • Do not operate a heater in an unventilated area. Always open a few windows slightly to allow excess accumulation of fumes to escape.
  • Never use heaters for cooking or warming/drying your clothing.

LADDER SAFETY IS A BIGGER ISSUE THAN YOU THINK

By Workplace Safety

You might have used a ladder for most of your working life, but do you really know how to choose the right ladder for the job? When you select a ladder, you need to consider four criteria:

1. Type – Some ladders are fixed, others portable. Fixed position ladders are usually attached to buildings; portable ladders can be moved. Portable ladders can be either self-supporting ladders, like an “A” frame, or an extension ladder.
2. Duty Rating – Check the duty rating sticker to be sure the ladder can support the weight of you and your tools. Construction jobs require either a Type 1, which can support up to 250 pounds; Type 1A, which can support up to 300 pounds; or Type 1AA, which can support up to 375 pounds.
3. Length – To calculate the maximum working height on a portable ladder, look at the duty rating sticker to find the highest standing level and add your shoulder height.
4. Material – Be sure your ladder is made of material appropriate for the work environment. Use a fiberglass ladder if you might come into contact with electricity. If you use a wooden ladder, be sure it’s treated to prevent deterioration, but not painted. If painted the wood cannot be easily inspected for cracks, damage and/or deterioration.

OSHA recommends the following guidelines for inspecting a ladder to ensure it is in a usable condition:

  • Check for cracks, bends, splits, or corrosion.
  • Check all rungs and step connections.
  • Make sure the ladder’s feet work properly and have slip-resistant pads.
  • Make sure rung locks and spreader braces are working.
  • Be sure all bolts and rivets are secure.
  • Make sure steps, rungs, and other ladder parts are free of oil, grease or other slippery materials.
  • With extension ladders, make sure the pulleys work and the rope is not frayed or tangled.

If you discover that a ladder is damaged, remove it from the work site for repair or disposal. OSHA has also developed regulations regarding the proper way to climb a ladder:

  • Face the ladder whether climbing up or down – Never turn your body out or away from the ladder.
  • Use 3-point contact – You should have two hands and one foot or one hand and two feet in contact with the ladder at all times.
  • One person at a time – Wait for the person climbing the ladder to get off before you start to climb. This same rule applies when coming down the ladder.
  • Be aware when getting on and off – Make sure you have the proper foothold at the top of the ladder by placing your foot on the step closest to the upper landing.
  • Never on the top rungs – With straight or extension ladders, you should only climb to the fourth rung from the top. With an A-frame or stepladder, only climb to the second step from the top. Never climb on the cross bracing; and never sit on any step.
  • Stay centered – Keep your body centered within the ladder’s side rails.
  • Carry small loads only – Carry only small objects in a tool kit on your belt. Use hoists or chain falls to lift materials.
  • Avoid exerting force – To remain stable while on the ladder, don’t pull, lean, stretch, or make sudden moves. These could cause you to lose your balance.

PRACTICE ENVIRONMENTAL RISK MANAGEMENT IN ADDITION TO HAVING CONTRACTOR’S POLLUTION LIABILITY INSURANCE

By Construction Insurance Bulletin

Environmental exposures and pollution risks are a common concern at construction sites. Contaminated soil disposal, toxic mold contamination and the release of toxic materials through broken pipelines are just a few common types of environmental incidents. In the scope of projects, contractors face environmental exposures not just at their physical job sites but also during transportation and material disposal and at their other owned or leased properties. Contractor’s Pollution Liability (CPL) insurance is available to protect contractors against liability and financial losses when an environmental incident occurs.

Since CPL insurance applies to a broad range of construction project pollution risks, the product is appropriate for firms in various specialties including general contractors; trade contractors such as those in the HVAC, paving and concrete specialties; remediation contractors; and specialty contractors including drillers and those who perform pipeline and tank installation.

CPL insurance products are available to cover remediation costs and third-party property damage or bodily injury resulting from a pollution incident. The most comprehensive policies can be customized to cover the pollution risks of an entire project including all contractors and off-site transportation. CPL insurance is generally written on a claims-made basis to limit the insurer’s exposure to unknown future liabilities.

Although CPL insurance can protect against environmental losses, it, in itself, will not prevent potentially catastrophic reputation-damaging incidents from occurring in the first place. This is why contractors also need to incorporate environmental risk management practices into their operations.

An important initial risk management step is to develop a current environmental risk profile by conducting a thorough review of administrative control documents in order to identify possible risk and loss exposure areas. Although this process can be completed in-house, environmental consultants offer expertise and a valuable outside perspective.

To develop an environmental risk profile, the International Risk Management Institute recommends assessing the following documents and then identifying strategies to minimize or eliminate exposures to environmental risks:

  • Any environmental management or mold prevention programs to make sure that a consistent approach is taken so that incidents can be prevented;
  • Hazard communication programs and environmental data searches of job sites;
  • Subcontractor agreement language and subcontractor’s environmental and mold management prevention systems;
  • Standard client agreements;
  • History of environmental losses including trends, employee communications and corrective measures that were taken;
  • Corporate health and safety programs including training and incident response protocols;
  • Quality assurance programs;
  • CPL insurance policies; and
  • Environmental assessments of owned or leased properties.

Please contact our office for more risk management ideas you can use in your operations.

CHECK OUT SUBCONTRACTOR DEFAULT INSURANCE BEFORE HIRING

By Construction Insurance Bulletin

If you are a general contractor for a big-budget construction project, you know you’re going to have to hire a number of subcontractors to help bring the project to completion.

So how can you be sure these subcontractors you hire can perform the work? You can’t. When hiring in the past, general contractors shifted the performance risk they assumed themselves to a guarantee form, such as a Surety Bond. Now, there is another alternative for risk transference called Subcontractor Default Insurance (SDI).

There are three main differences between a Surety Bond and SDI:

  1. If the contractor uses surety bonds, each subcontractor provides their individual bond resulting in the general contractor having as many bonds as subcontractors, each with its own coverage terms. With SDI, one policy contracted between the purchaser and an insurance carrier covers all subcontractors. This ensures uniformity of coverage.
  2. Under SDI if a subcontractor defaults, the general contractor and the carrier can immediately take steps to cure the default. With a surety bond, since the contract is between the subcontractor and the surety company, the surety company must investigate the situation and then determine the appropriate remedy. In essence, the surety company acts as a mediator between the general contractor and the subcontractor. This can result in delaying completion and cause possible cost overruns.
  3. A surety bond is a fixed cost. SDI is an insurance product, which utilizes deductibles and co-payments. That means the purchaser assumes a portion of the risk. If there are no defaults, there is a retrospective rating component that allows for the return of a portion of the premium amount.

When you are weighing the pros and cons of a surety bond vs. SDI, it’s important to note that one of the most significant drawbacks of SDI is that there is no prequalification service provided by the insurance carrier as there is with a surety bond company. The responsibility of determining suitability to perform the work and of managing the completion of that work rests entirely with the named insured.

The policy itself has some coverage limitations and there may also be a 15 percent administrative cost for losses charged against the initial premium under certain conditions.

Finally, you may not be able to use SDI at all for certain projects. The Miller Act states that before a contract that exceeds $100,000 for the construction, alteration, or repair of any building or public work of the United States is awarded to any person, that person shall furnish the federal government with a performance bond in an amount that the contracting officer regards as adequate for the protection of the federal government and a separate payment bond for the protection of suppliers of labor and materials.

When you are considering using SDI, it’s best to consult with us, and your insurance carrier, to determine if it is right for your particular project.

CERTIFICATES OF INSURANCE ARE A SENSIBLE WAY TO AVOID COSTLY CLAIMS

By Construction Insurance Bulletin

More and more companies are hiring independent contractors to handle not only administrative matters, such as benefits and human resources, but also sales and distribution. With this delegation of authority to third-party suppliers comes less direct control over these operations, and greater becomes the need for clients to demand that vendors provide them with timely Certificates of Insurance (COI).

The COI proves that the insured (the third party) has purchased the insurance coverages as required by the outsourcing client. But, the COI also states that the holder of the certificate has no legal right to be covered by the insurance described in the COI, nor does it amend, extend or alter the represented coverage. The COI only shows that the outside contractor has the insurance coverage as explained on the certificate. This protects the business that has contracted with the third party against liability for negligence caused by the independent contractor up to the limits of the policy.

It is the responsibility of the independent contractor to provide the COI to the client that has hired the firm. Usually a COI is prepared by an agent/broker with a copy sent to the insurance company and the client for whom the third party has contracted to perform certain functions.

The COI contains the name of the insured, the name of the insurance companies issuing the policies as stated on the COI, what specific coverages are contained in the insurance policies issued to the insured, and various descriptions of normal policy terms, exclusions and conditions.

Most often COIs are obtained for commercial general liability to provide protection from liability arising out of the insured’s premises or operations, products and completed operations. Usually, a general form will provide broad, standardized coverage terms. In cases, where the coverage is more complex and of a higher risk, manuscript forms of a COI can be written specifically by or for an insurance company. These manuscript COIs should be reviewed carefully for the scope of coverage being provided.

There are two types of general liability forms: Claims-made and occurrence. The trigger that compels the policy to respond is the main difference between the two forms. In the occurrence policy, occurrences are covered that take place during the policy period, no matter when a claim is reported. A claims-made policy requires that the occurrence take place during the policy period and the claim be reported during the policy period. Most COIs use the occurrence form for all independent contractors as claims-made policies limit coverage.

But simply having a COI in hand does not always mean that the independent contractor has the insurance coverage. A prudent practice is to have a system to audit, review and correct the certificates to reflect the provisions in the contracts. Some clients establish an auditing program in house, while others have the insurance agent or broker manage the program as part of their fee arrangement. This cost depends greatly on the workload.

The consequences of not monitoring COIs of a third party can be costly for the firm that hired the contractor. Consider this sobering example. A business hired an independent contractor to provide distribution service for the company. An employee of the vendor had a serious car accident, and soon afterwards, the contractor ceased business. When the employee began submitting Workers Compensation claims, there was no coverage; the contractor had never maintained that insurance. Unfortunately, the company had not insisted on a COI from the independent contractor to verify this coverage. Casting about for payment of the claim, the court ruled that the vendor’s employee was a statutory employee of the company that hired the contractor. The workers’ compensation claims have totaled more than $100,000 with more to come.

This is just one of many chilling cases of companies that have been caught with unexpected losses that came from not requiring proper COIs from independent contractors and auditing them to make sure they remain current and reflect the actual coverages held by the insured. Contact us for a thorough review of your COI procurement procedures.