Employers should develop and enforce a motor vehicle safety policy if workers are required to operate a motor vehicle while on the job. It is important for employers to stress to employees that when they are driving for work, safe driving is their primary responsibility. A motor vehicle safety policy should be made part of every safety program.

Who is at risk of exposure to accidents while on the job?

While all drivers are at risk, certain occupations are at greater risk. They are:

• Truck drivers

• Utility providers

• Deliverers

• Salespeople

By occupation, the largest number of vehicle deaths occurs among truck drivers; however, every worker whose job duties include operating a motor vehicle is at risk.

What can I do to protect myself?             

General Precautions:

• Do not drive at an illegal or unsafe speed (there are minimum speeds on Interstates).

• Yield the right of way when merging into traffic.

• Avoid aggressive driving; do not follow too closely or swerve in and out of traffic.

• Avoid driving when fatigued.

• Pay attention to traffic control devices such as stop signs and traffic lights.

• Be attentive to traffic patterns and reduced speed limits in designated work zones.

• Reduce speed and move over a lane, when possible, when law enforcement or other emergency vehicles are on the roadway.

• Be aware of individuals on the roadway directing or flagging traffic.

• Do not drive while impaired by alcohol or drugs (including prescribed medication).

• Wear a seatbelt.

• Stop and take a break on long trips.

Off-Road Vehicles:

• Do not drive a vehicle in reverse gear when the rear view is obstructed unless the vehicle has an audible reverse alarm distinguishable from surrounding noise levels or another worker signals that it is safe.

• Make sure employees are trained before operating equipment.

• Drive vehicles or equipment only on roadways or grades that are safely constructed or maintained to eliminate overturned vehicles.

Tips for Employers:

• Create clear, comprehensive and enforceable workplace driving safety policies.

• Discuss established policies with employees.

• Perform motor vehicle record checks.

• Review the program to determine whether the objectives are met and adjust the program where improvements are needed.

• Discuss the program review and changes with employees.

The Bureau of Labor Statistics (BLS) reports nonfatal workplace injuries and illnesses among private industry employers declined in 2010 to 3.5 cases per 100 equivalent full-time workers from 3.6 in 2009. That equates to 3.1 million injuries and illnesses last year, compared to 3.3 million in 2009. (For information on fatal workplace injuries in 2010, click here and here.)

The good news for workers is obvious: More are going home at the end of the workday the way they arrived at their jobs.

There’s additional good news though: These improving safety numbers are saving U.S. businesses a significant amount of cash.

The total direct and indirect costs associated with injuries and illnesses each year are estimated to be $155.5 billion, or nearly 3% of gross domestic product. Reduce the number of injuries, and you reduce this significant cost to business.

The costs of injuries are borne by injured workers and their families, by all other workers through lower wages, by companies through lower profits, and by consumers through higher prices.

Breaking down the stats

Here are some other key findings from this year’s BLS report:

•   The incidence rates for cases with days away from work, job transfer and restriction remained unchanged from 2009, at 1.8 cases per 100 full-time workers.
•   Manufacturing was the only private industry sector to see an increase in injuries, rising to 4.4 cases from 4.3.
•   The total recordable cases rate in construction decreased from 4.3 to 4.0.
•   The total recordable cases rate was highest in 2010 among mid-size companies (those with 50 to 249 employees) and lowest among small firms (those employing fewer than 11 workers).
•   75.8% of injuries and illnesses occurred in service industries which employed 82.4% of the total private industry workforce.

Cyber Liability, as with any new insurance coverage, let alone one with a variety of first and third party coverage grants, suffers from misunderstanding from buyers, sellers, and even underwriters of the product. Let’s tackle four common misconceptions below.

One: Cyber Cover is not a crime policy.

When pressed for a hypothetical claim scenario, even seasoned insurance professionals tend to gravitate toward an example that includes direct theft of money and securities from an Insured’s account. Cyber policies contemplate the theft of personally identifiable information, and that definition is critical to coverage and varies among carriers. However, this does not include money and securities. Theft of money and securities, even solely by computer or failure to secure electronic funds, belongs on a crime policy.

Two: Regulatory fines and penalties are uninsurable.

The ever changing maze of privacy regulation continues to grow in complexity, scope, and enforcement resources. The mention of FTC Red Flags Rule, HIPAA, the HITECH Act, Graham-Leach-Bliley, and state specific security breach notification laws tends to make a prospect’s eyes glaze over. Due to the vast nature and onerous requirements for compliance, cyber carriers have reconsidered the stance common in other lines that insuring regulatory fines and penalties runs counter to public policy and the common good. Even well intentioned Insureds with conscientious and proactive data protection measures in place can relatively easily run afoul of privacy regulations.

Three: Notification costs are the most important part of coverage for a breach response.

While 44 states have adopted breach notification laws, and it is incredibly easy to trigger a duty to notify, there are more important steps prior to notifying the affected individuals that are often unrecognized by buyers and sellers of cyber cover. It is often best to ask a prospective insured what his or her first four or five steps would be in the event of a privacy breach to get them thinking of the true exposure. Hopefully, if this particular insured has educated their employees with proper incident response procedures, there is time for a computer forensics firm to take action to locate, determine the extent of, and mitigate damage to the breached individuals. While this seems to be a no brainer, forensics firms can determine whether notification costs are even necessary and can save all parties considerable time and money. Putting experts on the ground in a timely fashion is one of, if not, the most undervalued components of Cyber/Privacy coverage.

Four: Coverage only applies to electronic data within the Insured’s computer network.

Any cyber/privacy policy should apply to paper records in the insured’s care, custody, and control in addition to electronic records within the insured’s computer network. Yes, there are plenty of businesses that still run on paper files and improper disposal of those records is a huge exposure that should be contemplated by any cyber/privacy policy chosen. Also, most policies are written with the concern of multiple records being breached, but a single paper file, should it contain confidential financials, intellectual property, or health information can be cause for a high dollar loss should that file find its way into the wrong hands.

Matthew Sheehan is a professional lines wholesale broker with Crump Insurance Services, Inc.

The rate for business miles driven is unchanged from the mid-year adjustment that became effective on July 1, 2011.
The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile.

In many employment lawsuits, your handbook will be a key piece of evidence that can either protect your company or provide ammunition for the employee (or former employee) who is suing you. It is vital that your handbook is thorough, up to date, legally compliant, understandable and readily available to all employees. It is also wise to make employees sign a form stating that they received and reviewed the employee handbook, so that they cannot later claim during a lawsuit that they were unaware of a particular policy.

The following areas are examples of common legal mistakes employers make with their employee handbook.

Changing Laws and Requirements

It is vital that you update your handbook regularly to comply with new and changing laws, both federal and state. In addition, you should provide employees with all handbook updates (or notify them if the handbook is published online). For significant legal changes, you may want to have employees sign another document acknowledging that they are aware of the altered policy. In addition, it is a good idea to have a disclaimer that the handbook may change at any time.

Employee Rights

Many handbooks make the mistake of outlining employer rights but glossing over the rights of employees. Some employers fear that including employee rights will encourage more employees to file lawsuits, but omitting them leaves you open to significant legal liability.

Employment Relationship

Your handbook needs to be explicit about the at-will employment relationship – that the employer (and the employee) has the right to terminate employment at any time, with or without cause. Also, be sure you don’t have other policies that undermine this one, such as probationary periods (which can sound like employment is guaranteed for at least as long as the period) or progressive discipline policies (which may not clarify that an employee may be terminated at any time).

Exempt or Non-Exempt Classification

Wage, hour and overtime complaints are among the most common legal actions taken by employees or former employees. Be sure your handbook is clear in the distinction of exempt and non-exempt, and that all employees are classified properly. Also make sure that your overtime policy complies with state and federal laws. For instance, if you have a policy stating that overtime must be approved, you cannot mandate that unapproved overtime will not be paid – you are legally required to pay it. You can, however, otherwise discipline employees for violating such a policy.

Computer Usage

Your handbook must make clear that the company owns its computers, email and all data, and that nothing on a computer is private. You should also have clear policies if your employees have other electronic company devices.

Follow Through

Providing a comprehensive, compliant handbook is only the first step – your company must always follow through with the policies outlined. For instance, if your handbook discusses a specific procedure for conducting performance reviews, it is important that you follow it.

Because employee handbooks are so important, consider having legal counsel review yours periodically to help keep your company out of legal trouble.

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