Continually cited as a leading cause of fatal accidents involving CMVs, driver fatigue is a significant problem in the commercial trucking industry. While the Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) have regulations in place to ensure drivers are receiving the proper amount of rest time, they are not always able to control the quality of sleep drivers are getting.
Sleep apnea is a repertory disorder estimated to affect three out of every 10 commercial drivers, disturbing sleep quality and leading to an increase in drowsiness and fatigue. Because of its side effects, the disorder increases the chance that a driver will be involved in an accident. If you employ drivers suffering from the condition, you could be held liable for damages in the event that an accident is linked to fatigue caused by sleep apnea.
Regulation and Carrier Responsibility
Current regulation does not expressly state that drivers need to be tested or treated for sleep apnea. It does, however, prohibit carriers from hiring drivers that have existing medical conditions that could compromise job performance. The FMCSA has specifically noted that repertory disorders, including sleep apnea, could be severe enough to impair performance and make a driver unfit for work. This has opened the door for litigation against carriers who allow drivers suffering from sleep apnea to remain on duty. Whether or not you know about a driver’s condition, you could be held liable if it is found that the side effects of their sleep apnea caused an accident.
Reduce Liability, Decrease Health Costs
In the event of an accident, not only could you be liable for the damages of other parties involved, but you may also have a financial duty to the driver if they are injured. Add on potential lost time and damaged cargo, and a single accident could end up being quite costly to your organization.
It’s easy to see how quickly an undiagnosed case of sleep apnea could affect your company’s bottom line. Even if it is not required by the FMCSA, requiring sleep apnea screenings for new and existing employees can help you reduce the hazards caused by fatigued divers, along with the potential costs they can incur.
Tackling sleep apnea now could also put you ahead of schedule to comply with future regulation. The FMCSA has shown signs of moving towards a stricter stance on sleep apnea. If testing or other preventative action is required in the future you will already have a plan in place.
Training and Treatment
Being diagnosed with sleep apnea does not have to automatically disqualify a driver from service. Many times sleep apnea is brought on by other health issues, such as obesity, and can be managed through lifestyle changes. There are also mechanical controls, such as the continuous positive airway pressure (CPAP) machine, which can be used to assist airflow during sleep.
Drivers should not have to be afraid of sleep apnea costing them their jobs. It is important that you offer help and support to suffering drivers so they are willing to come forward for treatment. In addition to educating drivers on the danger of sleep apnea, teach them the signs and symptoms of the disorder so they can play a role in prevention by monitoring themselves.
Screening for sleep apnea will help you identify a possible hazard that could put your employees and company at risk.
How is sleep apnea affecting your company?
Have you had an incident caused by sleep apnea?
Are you ready to take control?
Contact The Presidio Group today at 800-924-1404 or visit us at http://www.presidio-group.com/transportation-insurance-risk-management/
The FMLA became effective on August 5, 1993 for most employers and entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. The NDAA in 2008 also amended the FMLA to allow eligible employees to take up to 26 weeks of job-protected leave in a “single 12-month period” to care for a covered service member with a serious injury or illness.
When your employees come to you for approval of FMLA time, they are likely facing a life-changing event – be it an illness, a death in the family, a new child, an injury, or the care of a parent, among others.
So come learn a few facts:
What constitutes a serious health condition?
How often can I request a certification?
Did you know that when an employee misses work, it is the employer's responsibility, NOT the employee's responsibility, to determine whether FMLA applies?
The Healthcare Provider Certification Form is an objective form that will assist you in approving leave based on facts. Know what are the time-frames provided for these requests and learn how to determine FMLA eligibilities. The only way to protect your company from potential legal backlash is to let the law guide you.
Join us in this webinar to provide an overview of the FMLA Compliance and Administration process. In joining our Webinar we have created an extra added value service, the I9 Toolkit that values over $100.00. This popular service has been exclusively provided to The Presidio Group clients. As a company client you’re welcome to request this exclusive Toolkit and 20 minutes will be deducted from your annual complementary hours. Registration for FMLA Compliance and Administration webinar is available now. This webinar is intended for HR professionals and business owners.
Join us Wednesday May 23rd at 10:00am
Click the link below to register
http://www.presidio-group.com/join-us-for-a-complimentary-webinar-on-fmla-compliance-and-administration/
Hazard Communication
Introduction
Chemical safety on the job site is very important to us. Although we work with potentially hazardous materials on a regular basis, we can maintain a safe working environment if we use chemicals as they were intended and follow necessary safety precautions. Our Hazard Communication program is designed to teach everyone how to safely handle and work with the chemicals we encounter every day.
Hazard Communication is designed to do just as the name suggests: communicate hazard information to each employee. You need to know what chemicals you are working with or exposed to, hazards associated with each chemical and how to protect yourself. This education is accomplished through a variety of means, so we want to review our program with you today.
Hazardous Material Defined
Hazardous material is defined as items that have a physical or health hazard associated with them. For instance, flammable, combustible or explosive materials are physically hazardous. In the same sense, materials that are carcinogenic, toxic, corrosive and/or irritating are considered health hazards. This definition captures many of the materials that we may use on the job site, including:
- Dust from sawing, drilling or sanding
- Solvents, such as glue, paints and varnishes
- Formaldehyde exposure from working with particleboard
- Hazardous waste
- Chemicals contained in cleaning products
Hazard Determination
You may wonder who determines what is “hazardous” or not. The process of hazard determination is very scientific, is guided by strict federal requirements and has proven itself to be extremely reliable. The manufacturer of the hazardous material has the most information about their products and is required to provide this information to users of that material, like us. There are severe penalties for chemical manufacturers who do not provide complete or accurate information through their safety data sheets (SDS).
The Chemical Inventory
We maintain a listing (inventory) of all the materials we work with that have physical or health hazards. This helps to ensure that we have all the necessary SDS. Our employees are an important factor in keeping the inventory current. Any time a new material is brought into the worksite, we need to make sure it is added to the chemical inventory if it has a physical or health hazard. If you bring a new material into your area, please make sure the site foreman knows about it so the chemical inventory can be updated.
Safety Data Sheets: The Most Important Documents
SDS are the most important documents we have concerning the chemicals used at our company. These are the documents the chemical manufacturer prepares to inform the end-users (you and me) about any hazards associated with a product. SDS are required to summarize certain information, including product identification, scientific information about ingredients, hazards associated with the product, incompatibilities, potential reactions, safe handling and storage, and spills guidelines.
The most important sections focus on first aid requirements and personal protective equipment. If you have never read an SDS, then that’s something you need to do when you and the site foreman review the specific hazardous materials used in your job duties.
The site foreman will show you where all the SDS are located and will help you navigate through them. It is important for you to familiarize yourself with the SDS for any hazardous material you work with or may be exposed to, so that you can understand the risks and take precautions. In addition, you should understand the SDS so you know how to find information quickly when you need it, such as in the event of a spill or accident.
Labeling Requirements
Our first line of defense with any type of material is the label found on the product container. It is critically important that every container be labeled so it properly identifies the material inside. Labels must include:
- Product Identifier: The chemical’s name and a list of the substance(s) it contains.
- Supplier Information: Name, address and phone number of the chemical’s manufacturer or supplier.
- Pictogram: A symbol inside a diamond with a red border, denoting a particular hazard class.
- Precautionary Statement: One or more phrases that describe recommended measures to be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical or improper storage or handling of a hazardous chemical.
- Signal words: A single word used to indicate the relative level of severity of the hazard and alert the reader to a potential hazard on the label. The signal words used are "danger" and "warning." "Danger" is used for the more severe hazards, while "warning" is used for less severe hazards.
- Hazard Statement: A phrase assigned to each hazard category; examples include “harmful if swallowed,” “highly flammable liquid and vapor,” etc.
GManufacturers will make sure the primary container is labeled properly, and there is never a reason to remove a label from a primary container. However, we need to always make sure secondary containers are also labeled. For instance, we you pour some degreaser from its primary one-gallon container into a smaller containers for easier use, we need to label the smaller containers (the secondary containers) with all the right information. Simply labeling the small container as “degreaser” is not sufficient; more detail is necessary. The site foreman will help you with any labeling requirements.
Summary
Let’s all remember that the chemicals we work with have a potential for danger. Most materials you encounter are generally safe, but it’s important to know the possible hazards of any substance in order to maintain a safe working environment. Our hazard communication program is designed to keep you up to date on all the hazardous materials we have on-site, and how to use those materials safely.
When you have questions regarding materials, make sure you ask them before using the material. Never make assumptions about any chemical you are using and always remain properly and fully informed about the material. In order for our hazard communication program to be effective, you need to take responsibility for using the information provided in order to keep yourself and co-workers safe.
For More Information contact The Presidio Group at 800.924.1404
or visit
http://www.presidio-group.com/construction-insurance-risk-management/
Insurance
Some contracts will contain minimum bodily injury and property damage liability coverage amounts that the party must possess and also may require that the customer is added as an additional insured on those coverages.
Prior to consenting to any contract, it is prudent to examine insurance coverage against the amount of liability exposure in a particular contract.
Terms and conditions
Governing Law & Jurisdiction – Look at the governing law provision to make sure that you are comfortable with the implications of the state law chosen by the drafter. This can impact the interpretation of the contract from warranties to indemnification.
Additionally, when specific statutes or regulations are referenced in the body of a contract, it is as though that statute or regulation is wholly contained within the contract itself. It is vital to read and understand that language prior to giving your consent. This happens regularly in government contracting situations.
Dispute Resolution – This is another clause with which you must be comfortable with the laws of the state or forum chosen by the drafter. The rules chosen to govern dispute resolution can impact the outcome. Additionally, you should consider whether dispute resolution is right for your situation.
Intellectual Property – When you are disclosing and/or licensing your company’s intellectual property, be it trademarks, copyrights or patents, it is important to include a clause that recognizes the owner of such intellectual property and affirmatively states that the agreement does not transfer any rights.
Standard of Care – A standard of care clause may appear in certain types of contracts. The standard of care that is provided by the law should provide the minimum standard of care for the provision of services under the contract.
Term/Termination – The contract should provide both parties with the right to terminate the contract. The situations in which termination is allowed will vary from contract to contract. Some contracts will allow the right to terminate in cases of dissatisfaction; others will allow it with a specific notice, for no cause. It is important that you contemplate in what cases you would want the right to terminate the contract. There should also be language defining the term of the contract. Does it have a finite term? Does it automatically renew each period?
Right to Cure – Related to termination, some contracts will contain a right to cure clause. This would give the defaulting party notice of a breach and a finite period of time in which to remedy such breach.
Standard Form Contracts
Unlike other industries, construction lacks a consistent set of laws like the Uniform Commercial Code or a federal statuatory scheme. Contracts produced by professional and trade associations for architects (American Institute of Architects), engineers (Engineers Joint Contract Documents Committee) and commercial contractors (Associated General Contractors of America) can serve as important references and benchmarks when drafting a new contract. They are a good source of industry best practices, and using them can greatly reduce drafting and review time, meaning lower overall transaction costs for your company.
For all of their advantages, there are several things that you should be cautious about when using standard form contracts. Note the following cautions about standard forms before using them.
- Standard forms, which are written broadly to encompass many different contexts, require transaction-specific and jurisdiction-specific modifications. For example, certain states require that indemnities be written in a certain way.
- Changes made to one part of the document, such as definitions of words or terms, may affect other parts that make reference to it.
- Custom-drafted and industry-drafted forms are often incompatible. Even industry-drafted forms from different publishers can be incompatible.
- Standard forms always contain the bias of the drafter. Use this bias; know when to use various standard forms published by different industry organizations.
General Understanding
Reviewing general terms and features of construction contracts will help you grasp the consequences of its terms and conditions for your business. In any case, to ensure its completeness and accuracy, it is necessary to submit each contract you must sign to legal review.
For more information contact The Presidio Group at 800-924-1404 or visit
http://www.presidio-group.com/construction-insurance-risk-management/
What is a Captive?
At The Captive Group, we define group captives as independently owned and operated insurance companies that provide insurance to, and are controlled by, their owners. A captive insurance company analyzes and insures the specific risks of its owners, typically reducing operating costs, and returns underwriting profits and investment income to them in the form of dividends.
Homogeneous Captives
Captive groups whose members represent the same industry, such as agriculture, building contractors, construction, energy, manufacturing or trucking companies.
Heterogeneous Captives
Captive groups whose members are from diverse industries collectively pooled together.
The Captive Group creates and administers both homogeneous and heterogeneous captives. However, all share the common objective of seeking better control of their insurance costs.
Why Should You Consider a Captive?
Lower Costs
The price of insurance coverage purchased in the conventional market can often times include mark-ups to pay for the insurer’s acquisition costs, marketing expenses, higher commissions, administration and overhead. Such pricing is specifically designed to deliver profit to the insurer’s bottom line. In a group captive, the goal is to minimize those costs and enhance your bottom line.
Better Services and Management
A group captive can purchase strategic insurance products that allow each captive member to manage predictable losses while transferring potential catastrophic losses. For captives supported by The Captive Group, this leads to improved loss control and greater awareness of the factors that commonly give rise to losses so that they may be reduced and often prevented in the future.
Enhanced Profit Potential
As a member of a group captive, you are rewarded for controlling losses and claims by receiving dividends and investment income. Your loss experience directly determines you dividends and future premiums allowing you to be more competitive in the marketplace.
Long-Term Control of Your Insurance Destiny
The Captive Group provides an opportunity for businesses to control their insurance and risk management through ownership. Because members are owners, they can customize insurance coverage’s to better meet their needs and reduce their long term cost of risk.
More Time Spent Running Your Business
Turning to an independent captive advisor such as The Captive Group, means you spend less time addressing insurance issues and more time running your business. We will help you implement, coordinate and facilitate the growth and continued success of your risk management program.
Who Should Consider a Captive?
A member-owned group captive is an ideal form of alternative risk financing for companies that share such qualities as:
- Long-term financial strength and stability
- Management teams committed to safety and with solid safety programs in place
- A loss history that is better than average in their respective industry
- Minimum casualty premiums of $150,000. However, our group captive members typically have annual premiums of at least $250,000.
How Can You Get Started?
The Captive Group makes it easy for you to get started in a group captive. Our dedicated staff of insurance industry professionals will work with you one-on-one to understand your company’s specific insurance needs and goals, then structure a program to best meet them.
Why Wait?
Every year, business owners and executives invest a substantial portion of their revenues to insure the health and safety of their employees and companies. As one of the largest captive advisors in the nation, we have helped hundreds of businesses achieve their risk management goals.
Financial Illustration
|
|
Traditional
|
Captive
|
|
Premium*
|
$4000,000
|
$400,000
|
|
Operating Costs
|
$(400,000)
|
$(160,000)
|
|
Claims
|
$(100,000)
|
$(100,000)
|
|
Investment Income#
|
$0
|
$25,000
|
|
Dividend+
|
$0
|
$165,000
|
For more information on how captives work, our services and success, or to speak with a business in your industry that is benefitting from captive membership, visit us at www.thecaptivegroup.com.
- An Employer can take steps in minimize the risks of I9 Audits.
- All employers must verify the employment eligibility and identification of anyone hired to work in the United States.
- In an audit, federal immigration agents review the Form I-9, Employment Eligibility Verification that employers are required to keep on file.
- SHRM”s Legal paper by Stephanie Overman: Avoiding Immigration Audits indicate.
“At best, these audits are time-consuming; at worst, they lead to significant fines, penalties and criminal prosecution.”
- Reviewing your I9 records assist to do a look back and look forward. Common questions to address: Where are my I9’s located? Who is responsible for I-9 compliance? Are they trained? Are they accountable? How long do I need to retain the I9 Records? Where do I start?
- Conducting an internal self-audit or with a trained professional can assist with corrections needing to be made and provide a document trail. Mistakes that are fully corrected provide a legal defense showing the employer demonstrated reasonable care and can assist in minimizing the fines.
- Join us in this webinar to provide an overview of the I9 process, including step-by-step instructions on Self- Audits, Corrections and Retention time-frames for the Form I-9. In joining our Webinar we have created an extra added value service, the I9 Toolkit that values over $100.00. This popular service has been exclusively provided to The Presidio Group clients. As a company client you’re welcome to request this exclusive Toolkit and 20 minutes will be deducted from your annual complementary hours. Registration for the I9 Compliance webinar is available now. This webinar is intended for HR professionals and business owners.
Join us Wednesday May 9th at 10:00am
Click the link below to register
http://www.presidio-group.com/join-us-for-a-complimentary-webinar-on-i9-audits-how-to-conduct-self-audit--what-is-needed
Damages, limits of liability and indemnification
- These three items are often in close proximity to one another in a contract, as they are interrelated. Damages may be defined as certain types of losses that could create liability under the contract. A limit on liability would restrict the amount of damages that a party would be required to pay if found liable for such damages. Sometimes this may also include a limit for indemnification.
- Indemnification provisions allocate risk and cost between the parties. It is important to examine whether the party assuming the risk is the party with the most control over that risk. For instance, when a company’s employees are required to work at a customer’s location, the company is often asked to release the customer from all liability relating to the employees presence at the customer’s location.
In some cases, indemnification is limited to negligence or to a specific dollar amount, under a heading of “limits of liability.”
Lower Costs
The price of insurance coverage purchased in the conventional market can often times include mark-ups to pay for the insurer’s acquisition costs, marketing expenses, higher commissions, administration and overhead.
Such pricing is specifically designed to deliver profit to the insurer’s bottom line.
In a group captive, the goal is to minimize those costs and enhance your bottom line.
For more information on Captive Insurance contact The Presidio Group or visit http://www.presidio-group.com/resources/captives/
- An Employer can take steps in minimize the risks of I9 Audits.
- All employers must verify the employment eligibility and identification of anyone hired to work in the United States.
- In an audit, federal immigration agents review the Form I-9, Employment Eligibility Verification that employers are required to keep on file.
- SHRM”s Legal paper by Stephanie Overman: Avoiding Immigration Audits indicate.
“At best, these audits are time-consuming; at worst, they lead to significant fines, penalties and criminal prosecution.”
- Reviewing your I9 records assist to do a look back and look forward. Common questions to address: Where are my I9’s located? Who is responsible for I-9 compliance? Are they trained? Are they accountable? How long do I need to retain the I9 Records? Where do I start?
- Conducting an internal self-audit or with a trained professional can assist with corrections needing to be made and provide a document trail. Mistakes that are fully corrected provide a legal defense showing the employer demonstrated reasonable care and can assist in minimizing the fines.
- Join us in this webinar to provide an overview of the I9 process, including step-by-step instructions on Self- Audits, Corrections and Retention time-frames for the Form I-9. In joining our Webinar we have created an extra added value service, the I9 Toolkit that values over $100.00. This popular service has been exclusively provided to The Presidio Group clients. As a company client you’re welcome to request this exclusive Toolkit and 20 minutes will be deducted from your annual complementary hours. Registration for the I9 Compliance webinar is available now. This webinar is intended for HR professionals and business owners.
Join us Wednesday May 9th at 10:00am
Click the link below to register
http://www.presidio-group.com/join-us-for-a-complimentary-webinar-on-i9-audits-how-to-conduct-self-audit--what-is-needed
1. Powered Industrial Trucks – Ensuring safety of employees on powered industrial trucks through fire protection, design, maintenance and proper use.
2. Hazard Communication – Properly transmitting information on chemical hazards through a comprehensive program, container labeling, MSDS and training.
3. Wiring Methods, Components and Equipment for General Use – Using proper wiring technique and equipment to ensure safe electrical continuity.
4. General Electrical Requirements – Ensuring electric equipment is free from recognized hazards likely to cause death or serious physical harm to employees.
5. Forms – Using the OSHA 300, 300-A and 301 forms, or equivalent forms, properly for recordable injuries and illnesses.
6. Portable Fire Extinguishers – placement, use, maintenance and testing of portable fire extinguishers provided for the use of employees.
7. Guarding Floor and Wall Openings and Holes – Guarding stairway, ladder, hatchway, open-sided floor, platform, runway and chute openings according to standard.
8. Grain Handling Facilities – Taking proper measures to prevent grain dust fires and explosions by having safety programs in place for quick response and control.
9. Maintenance, Safeguards and Operational Features for Exit Routes – Exit routes must be kept free of explosive or highly flammable furnishings or other decorations.
10. General Personal Protective Equipment Requirements – Selecting the correct PPE, providing instruction, monitoring its use and maintaining the PPE to standards.