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Your Liability During an Economic Downturn

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An economic downturn often strikes worry among business owners and their employees in virtually every industry. Even companies that escape tough times relatively unharmed could still fall into the trap of uninsured risks long term, so TPG Insurance Services has compiled these tips to keep your business prospering. Download the PDF version This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2010 MyTPG.com All rights reserved. The Chain Reaction It’s no secret that the financial security of your business hinges on that of your partners, vendors and suppliers, and that in tough times, everyone is looking for a way to cut costs. Never rely on the insurance coverage of your business partners to protect your assets or protect against third-party liability claims. In the event of supplier bankruptcy, partner organizations could eventually be liable for claims. Ultimately, in order to protect your company, it may be a smart long-term investment to expand your coverage limits. Many businesses are trying to cut costs by lowering their coverage, but you do not want to pay out of pocket for an expensive claim laid on your shoulders because of your suppliers’ shortcomings. If you are involved in outsourcing or are considering this option to mitigate costs, first talk to TPG Insurance Services about covering the associated risks. Shaky Contracts Make for Shaky Business In a turbulent economic climate, it is extremely important to have thorough, seamless contracts. They should clearly outline the obligation of each party and discuss dispute resolution policies so that if something goes wrong, you avoid a messy and expensive disagreement. It is never a good business decision to sign into a contract hastily, but especially in a difficult economic time, be sure to look into all the risks and legal ramifications. Small companies who partner with larger companies are often strong-armed into making decisions with which they are not completely comfortable. During an economic downturn, the financial security of your business hinges on that of your partners, vendors and suppliers. Be Cautious With Change For many businesses, change is an intelligent way of reacting to an economic crisis. It allows you to explore new customer bases and offer additional products or services. While expanding in either of these ways can revolutionize your business and keep you afloat in tough times, it could also expose you to additional liability you had not dealt with before. When you experiment with new products or services, you will inevitably face a learning curve, which puts you at a larger risk of facing product liability claims. You may want to consider purchasing additional lines of coverage to protect yourself, as your surplus lines insurance policy may only cover claims arising from one particular product. By the same token, shifting or expanding your customer base may open you up to class action lawsuits. You are not changing your product or service, but you are tapping into another market that may react differently to product failure. This is another instance in which it is important to be covered for potential liabilities resulting from a change in your business. Contact TPG Insurance Services today to be sure your plan for escaping the economic downturn unscathed does not backfire. Download the PDF version […]

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Managing the Risks and Benefits of Social Networking

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Social networking is not just for teenagers anymore. And it’s not just for personal use and staying in contact with old friends. It can help your company better connect with clients and customers. It is also a great way to recruit candidates for jobs at your company. While the thought of implementing social networking may evoke feelings of trepidation in the minds of employers, this popular trend has the potential to change the way companies across the globe do business. Download the PDF version This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2011, 2013 MyTPG.com. All rights reserved. Social networking has the ability to get your message across to thousands of people very quickly, which makes it a priceless public relations and viral marketing tool. However, popular social networking sites, such as Facebook, LinkedIn, Twitter and Google+, can present a large hazard to your company and its reputation depending on how you and your employees use them. Industry leaders can use social networking sites as places to advertise and as interactive tools for connecting with clients. However, not all publicity is good publicity. It is important to project a positive company image, which you can do through setting up your own social networking account. However, it is just as imperative that you control other users’ conversation about you as well. Do You Know Who’s Talking About You Online? Facebook, the largest social networking site today based on monthly unique visitors, has more than 930 million daily users. The fastest growing group of users is people older than 35, which means it is becoming increasingly likely that your workforce is getting involved with social networking. While this has many potential benefits, you also want to be careful no one, competitor, client, customer or former or current employee, is tarnishing your company’s name or reputation. The same holds true for blogs, where damaging content may appear without your consent. The key to keeping your risk low is identity management. Social networking not only helps your company connect with clients and customers, it is also a very valuable resource for drawing in potential employees and recruiting the finest candidates for jobs. The best way to prevent Internet buzz from becoming a hazard is to monitor the use of your company name. Periodically type it into a search engine and make sure that your official website is the top hit and that nothing offensive comes up in the first 20 hits, which is statistically as far as most people will dig in a search. If you do find references to your company name in the first 20 hits that could be hazardous to your business or your reputation, you have a few options. If social networking sites are the culprit, consider enacting a policy prohibiting employees from mentioning the company name on their personal sites. Explain the negative outcomes this could have for business and help employees understand how acting as poor representation of the company through scandalous photos or negative comments on a social networking site could affect them directly. What to Do With Negative Comments If negative or derogatory comments about your company have seeped into other sites outside the control of your employees, however, the risk to your business is even greater. What’s more, this type of hazardous publicity is more difficult to manage. One approach is to flood the Internet with positive information about your company so that the negative write-ups are no longer within the top search results. Contacting sites and asking them to remove fictitious and defamatory material is another option. If you have a serious public relations issue and your company’s reputation or legitimacy is on the line because of material on the Internet or social networking sites, it could cost you thousands of dollars in lost business. Consider hiring an identity management company, which will help organize, analyze and control the information about you that appears on the Internet. Using Social Networks to Filter Applicants The practice of using social networking sites to further research potential employees and weed out candidates based on content in these sites is risky. Not only does it cause you to dabble in issues of legality, but it also could place you in thorny situations when it comes to personal differences you become aware of via social networking tools. A study conducted by the Society for Human Resource Management revealed that 20 percent of employers are using social networking sites to screen job candidates. Before you engage in this practice, know what types of hazards you face. The most obvious problem with this practice is how difficult it is to draw lines between appropriate and inappropriate behavior. According to the Society for Human Resource Management study, more than half the employers interviewed said provocative photos on a social networking site were the largest contributing factor when a potential employee was not hired. But who gets to define what constitutes provocative, and does the candidate have the right to find out this is the reason he or she was not hired? Social networking is such a new trend, especially among the older workforce, that there are currently no ethical benchmarks in place. By using social networking sites as a filtering tool, you are exposing yourself to potential lawsuits. Many users post personal information such as their religion and age. Even if you decide not to hire them for legal reasons, such as improper educational qualifications, the candidate could accuse you of basing the decision not to hire on information obtained from their social networking site. When it comes to looking on the Internet for information on potential job candidates, you should consider talking with your co-workers to come to the best solution. There is no right or wrong answer regarding whether Internet research on candidates is a good idea, so it is up to your company […]

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Why Do I Need Personal Umbrella Liability Insurance?

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How can personal umbrella liability insurance help me, and do i really need it? What would Jim Marshall say? After a hectic work week, Jim Marshall was looking forward to a relaxing weekend with his wife and kids. He was just a few blocks from home when his cellphone rang. He glanced down to see who was calling. That split-second distraction was all it took for him to miss the approaching stop sign. Download the PDF version Not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2020 MyTPG.com   All rights reserved Jim plowed into the side of a passing car. The accident resulted in serious injuries to the driver and passenger of the other vehicle. Jim was sued, found at fault and ordered to pay $1 million for medical expenses, lost wages and the “pain and suffering” of the injured parties. Although he had auto insurance, the policy had a limit of $300,000. That meant that unless Jim had another way to pay the remaining $700,000, his assets (retirement savings and college funds for his teenage sons) were at risk of being garnished. Fortunately Jim was able to keep his assets because he had a personal umbrella liability insurance policy to cover the remaining balance. Just as an umbrella shields you from the rain, an umbrella insurance policy protects you from a downpour—that worst-case scenario where you could lose everything in a lawsuit. Even if your assets are few, umbrella insurance also protects your income; in some settlements, wages can be garnished up to 10 years. An umbrella insurance policy protects you from a downpour—that worst-case scenario where you could lose everything in a lawsuit. In addition to extending the limits of your auto and homeowners policies, umbrella insurance also covers personal injury claims, including false arrest, libel and wrongful eviction, typically excluded by those policies. Dependent teenage drivers on your auto policy are also covered. Why put your nest egg, retirement savings and other hard-earned assets at risk? Umbrella insurance is an affordable layer of protection typically starting with $1 million in coverage, with additional coverage available if your financial situation changes. Contact TPG Insurance Services today for more information. Download the PDF version […]

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Is Telecommuting Right for Your Employees?

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In an age when more and more positions require duties to be carried out almost exclusively on computers, and where the Internet can instantly connect anyone anywhere, many companies are wrestling with the idea of allowing employees to work from home. While many employees are quick to support the idea, the nontraditional approach of telecommuting is foreign to many employers, leaving them uneasy about how it will affect their operation. Download the PDF version This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2010 MyTPG.com All rights reserved. There is no definitive answer as to whether telecommuting will be good or bad for your business. It comes with both pros and cons that can be influenced by a variety of factors such as company environment, type of work and individual employees. Because of all the variables that can affect the success or failure of employees working from home, most situations should be looked at on a case-by-case basis. Benefits If applied in the right situations, telecommuting can have a variety of potential benefits for both your company and its employees: Eliminating the commute: Telecommuting turns the potentially large block of time wasted during the commute to and from the office every day into time that employees can spend working. The lack of a commute means employers no longer have to deal with tardiness or absences caused by traffic accidents and weather. If employees are using company vehicles, eliminating an unnecessary drive to and from the office every day decreases the chance for accidents. With fewer vehicles on the road each day and fewer accidents on your company’s record, the cost of auto premiums will fall. Space saver: If you want to add more personnel but don’t have space, telecommuting can save you from the constraints of your current accommodations without requiring the development of additional office space. Less office space with fewer employees and less expensive equipment means not only lower utility and upkeep costs, but also lower property insurance premiums. If you decide to allow employees to work from home, make sure you have guidelines in place to help you reap the benefits of telecommuting without letting it disrupt your business.  Fewer sick days: Employees working at home have little direct contact with co-workers, meaning that they will be less likely to catch a cold or flu that may be going around the office. Less exposure to contagious disease helps employees who telecommute miss fewer days of work due to illness, which means increased productivity for your operation. Even if a work-at-home employee does become sick, they are more likely to remain productive since their illness does not affect their ability to come into the office. Fewer sick employees means lower overall operating costs and higher productivity for your business. Attract and retain employees: Studies have shown that a majority of employees favor the option of telecommuting. Not only does this increase the moral and job satisfaction of current employees, but it can also be valuable when recruiting new talent. Hiring and retaining the best employees will help you save money on training costs, and more seasoned workers tend to have fewer injuries, contributing to lower workers’ compensation premiums. Potential Risks While it can be very beneficial, telecommuting has some potential risks that your company should consider before it allows employees to work from home: Limited employee supervision: One of the top reasons employers are leery of allowing employees to work from home is the inability to accurately monitor how time is used throughout the day. Besides the loss caused by unproductive workers, one substantial problem with the lack of supervision is the ease in which an employee can make fraudulent workers’ compensation claims. When injuries occur in the home instead of on-site, there is usually no witness to verify that it occurred while the employee was performing company duties and not while working on personal tasks around the home or home office. If employees make abusive workers’ compensation claims, policy premiums can increase. In general, telecommuting situations blur the line between what is and is not compensable under workers’ compensation laws. Equipment costs: There are certain pieces of equipment that an employee will need to work from home, namely a computer and an Internet connection. They may also need other devices to help them communicate with their fellow employees. If the employee does not already have these things, the company will need to pay for them. Add these costs to the logistics of maintaining and repairing IT equipment that is away from your primary place of business, and this can become a significant investment for companies considering telecommuting. Limited face-to-face time: Employees working from home are not as involved in the culture of your company. Not having an employee physically available for a meeting or discussion can be an added headache for those working in the office. Employees at home may have a tougher time being recognized for promotions or other advancements. This could lead to lower morale, and, again, problems with employee retention. Security: The basis of telecommuting is the use of the Internet. When an employee is at the office, his or her work is protected by safety standards that keep your company’s’ network and data secure. However, an employee working from home may not have the same safety measures in place to protect company information they may be working on. Make sure employees are provided with security software and that you have the proper coverage, such as a cyber liability policy, to protect against a potential data breach. Stop Problems Before They Start If you allow employees to telecommute, make sure you institute an established program to minimize the risks. Decide on what types of positions in your company will be open to allow telecommuting, and detail what is expected of employees when it comes to productivity and time usage. […]

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OSHA’s Stance on Distracted Driving

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The top priority of the Occupational Safety and Health Administration (OSHA) is keeping workers safe. While workplace fatalities have been decreasing in recent years, motor vehicle crashes continue to be one of the leading causes of death among American workers. As distracted driving dramatically increases the risk of vehicle accidents, OSHA and the Department of Transportation (DOT) are working together to combat distracted driving for the safety of workers across the country.  Download the PDF version Design © 2016 MyTPG.com  All rights reserved. OSHA’s Distracted Driving Initiative According to OSHA, employers should prohibit any work policy or practice that requires or encourages workers to text while driving, as it greatly increases the risk of being injured or killed in a motor vehicle crash. While texting is not specifically addressed as an OSHA standard, the General Duty Clause in The Occupational Safety and Health Act of 1970 (OSH Act) covers distracted driving by stating, “employers must provide a workplace free of serious recognized hazards.” It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality, and a number of state laws prohibit texting while driving. This means you could be in violation of the OSH Act if your company does the following: Requires employees to text while driving Organizes work so that texting is a practical necessity even if not a formal requirement Provides any sort of financial or other incentives that encourage workers to text while driving If OSHA receives a credible complaint that an employer enforces or encourages any of these activities, they will investigate and, where necessary, issue citations and penalties to end such practices. Supporting Safety in Your Workplace Since distracted driving falls under the General Duty Clause and not a specific standard, there are no direct guidelines for how you must protect employees from the dangers of distracted driving. It is up to you as the employer to institute your own measures to keep employees safe. The easiest way to do this is to develop a policy that outlines how employees are to use mobile devices while carrying out their duties. Specifically noting that texting while driving is not allowed not only protects employees but also will keep your company from violating OSHA regulations. Click here for more on OSHA’s Distracted Driving initiative. Download the PDF version […]

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Maintain Proper Electrical Panel Clearances

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Electrical panel clearances: Electrical panels can be found in just about every business. However, because they are not typically out in the open or inspected daily, it’s easy to overlook electrical panels and the potential risks associated with them. Download the PDF version This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2019 MyTPG.com All rights reserved. Without the proper precautions, things like exposed wires, faulty components and improper grounding create a host of exposures—exposures that can severely disrupt or harm an organization. But of all the concerns associated with electrical panels, one common and often overlooked issue relates to maintaining proper clearances. This Risk Insights provides a general overview of the dangers associated with improper electrical panel clearances and the related Occupational Safety and Health Administration (OSHA) and National Electrical Code (NEC) requirements. Why Maintain Proper Clearances? Simply put, businesses must maintain proper clearances around electrical panels to promote ease of access during service, repair and operational procedures. The following are some common scenarios where electrical panel clearance is critical and directly affects the safety and well-being of your employees: Shutting down equipment during an incident—In the event of an equipment malfunction or similar safety incident, workers must be able to access electrical panels. This allows them to easily shut off potentially harmful equipment and secure the work area. This is particularly important for equipment that does not feature an emergency shut-off switch. Repairing and maintaining electrical panels—When panels are obstructed, they are more difficult to access and maintain. What’s more, if a worker is servicing an electrical panel and has to contend with nearby obstacles, they are more likely to make a mistake or injure themselves. This risk is compounded if the employee is working on live electrical components. Storing materials and performing work—Businesses that store hazardous or combustible materials too close to electrical panels run the risk of starting fires. What’s more, when employees perform work nearby an electrical panel, they could accidently hit or damage it, creating potential electrocution hazards. To help organizations maintain the proper clearances and ensure workplace safety, OSHA and the NEC have specific clearance requirements all organizations must follow. An Overview of Electrical Panel Clearances There are a number of clearance distances established by OSHA and the NEC that must be maintained at all times. These clearances relate specifically to the depth, width and height of the working space around electrical equipment. Depth While the minimum depth clearance distance is 2.5 feet for installations built before April 16, 1981, there are a number of more precise requirements depending on voltage and what OSHA and NEC guidelines call conditions: Condition A—There are exposed live parts on one side of the working space and no live or grounded parts (e.g., concrete, brick or tile walls) on the other. Under these conditions, the clearance distances are 3 feet for any voltage between 0 and 600. Condition B—There are exposed live parts on one side of the working space and grounded parts on the other. Under these conditions, the clearance distances are 3 feet for voltages between 0 and 150, and 3.5 feet for voltages between 151 and 600. Condition C—There are exposed live parts on both sides of the working space. Under these conditions, the clearance distances are 3 feet for voltages between 0 and 150, and 4 feet for voltages between 151 and 600. Please review the chart below for more detail. Width In addition to the above, there are clearance requirements as they pertain to the width of a working space around electrical equipment. Specifically, the working space around electrical equipment must be as wide as the equipment or 30 inches, whichever distance is greater. Height The required height of a working space around electrical equipment will largely depend on when a particular installation was built: For installations built before Aug. 13, 2007, the height of the working space must be 6.25 feet. For installations built on or after Aug. 13, 2007, the height must be at least 6.5 feet from the floor, grade or platform. It can’t be lower than the height of the equipment. In addition, all panel doors must be able to open at least 90 degrees to allow clear access. A Lasting Solution While it’s important to understand the risks and requirements associated with electrical panel clearances, it’s equally important to implement workplace controls to mitigate risks long term. While a business can comply with OSHA and NEC rules by simply moving materials away from a panel, this does not address underlying issues that create clearance concerns in the first place. To ensure your organization adopts proper electrical panel protocols, consider training employees on the applicable requirements. In addition, it’s a good idea to clearly label working spaces that are affected by the rule, using signage, barricades and floor markings to indicate required clearance distances. Download the PDF version […]

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Are Your Employees Correctly Reporting Workplace Injuries?

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According to a report by the U.S. House of Representatives’ Committee on Education and Labor, a staggering 69 percent of all workplace injuries and illnesses may not be represented in the Bureau of Labor and Statistics Survey of Occupational Injuries and Illnesses, which many trust as a gauge of the safety of American workplaces. On a corporate level, not reporting or underreporting workplace injuries can have serious ramifications for the organization and the employer, which can include fines, exorbitant and unnecessary, health costs and more. Download the PDF version This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2007-2010 MyTPG.com  All rights reserved. Research has found that the employer’s behavior, policies and attitude are key determinants in a worker’s decision to report an injury. Not only is it essential that employees are educated on the importance of reporting injuries, it is also important to examine your company policies so you are not inadvertently discouraging reporting. The consequences of underreporting can be severe. Consequences of Underreporting Workplace Injuries The unfortunate trend of injury underreporting can have serious ramifications at both the industry and company level. Widespread underreporting can be quite damaging to workers’ compensation rates on a large scale. Employers may not realize it, but such an underreporting problem may lead to more audits by insurance companies of their clients and higher rates for everyone. Many employers erroneously believe that reporting injuries leads to audits and higher rates. At the company level, underreporting injuries can be quite costly for the employer. If it is an OSHA-reportable incident, the employer may face significant fines if it is not properly recorded or reported. Underreporting workplace injuries may lead to more audits by insurance companies and higher rates for everyone industry-wide. Many employers believe that reporting injuries leads to audits and higher rates. In addition, often when an injury isn’t reported or properly cared for immediately, it worsens and leads to higher health care costs and more lost time. Even if it is never reported as a workplace injury, the employer still loses out on health care costs and productivity. If it is eventually reported, it becomes much more difficult to prove that it was workplace-related. Additionally, a study reported by the Hartford Financial Services Group found that injuries reported four or five weeks after the incident are 45 percent more expensive than injuries reported within the first week due to increased health costs and possible legal fees, or even a lawsuit, associated with late reporting. One of the best ways to control workers’ compensation costs is through early reporting and intervention. Not only will it save money in health bills and legal fees, but it will also help to constantly improve your safety program. When there is an injury, consider it an opportunity to examine current safety procedures and decide if there is a suitable change that could be made to prevent similar injuries in the future. Thus, prompt reporting can be a productive element to your safety program in your quest to always strive for the safest work environment. Rather than accepting a vicious circle where injuries are not reported and thus nothing is done to fix the problem, leading to more injuries, take advantage of injury reporting as a proactive solution to safety. Reasons for Underreporting Workplace Injuries There are several reasons why employees may not report injuries immediately or at all. Incentive programs: Many employers have reward or incentive programs to promote their safety initiatives, such as rewards for going a certain number of days without an injury. This can create a negative attitude toward reporting an injury, since doing so could cost that employee, a co-worker or a superior a reward or bonus. Having incentive programs are a good idea, but a more effective strategy is to reward positive, safe behaviors. This can include reporting a safety hazard, attending a safety meeting or training class or equipment maintenance. Rather than rewarding for days without an injury, reward behaviors that strive to avoid injury, or even reward employees for prompt reporting when an injury occurs. Fear of negative ramifications: Some employees fear that reporting an injury will create an image of them as weak to their co-workers and managers. He or she also may fear that such an image will be a detriment to his or her career. Dispel this fear by assuring all employees that reporting an injury will have no negative impact on their job, and ensure follow through on all levels of the company. Work to promote a safety culture where prompt injury reporting is encouraged and praised. Injury reporting should never be frowned upon, even subtly or behind closed doors. If employees find out you are angry about a reported injury, he or she is less likely to report an injury in the future. Some companies have a policy mandating drug testing after any incident whether or not there is evidence of drug use. This deters some employees from reporting injuries as well. Consider making the drug testing conditional depending on the circumstances of the injury and whether there is evidence that drug use was a factor. For more information about injury reporting or your company’s workers’ compensation and safety programs, please contact TPG Insurance Services at 909-466-7876 today. Download the PDF version […]

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Earthquake Coverage

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What Protection Does It Offer? Many people do not realize this, but most homeowner’s policies do not include earthquake coverage. You will need to purchase either a supplemental policy to your current homeowner’s policy, or a separate earthquake insurance policy. Automobile insurance policies generally cover vehicles for earthquake damage under the optional comprehensive portion of the policy. Download the PDF version Disclaimer: This brochure is provided for informational purposes only. The information provided herein is not intended to be exhaustive, nor should it be construed as advice regarding coverage. Eligibility for coverage is not guaranteed and all coverages are limited to the terms and conditions contained in the applicable policy. ©2020 MyTPG.com  All rights reserved. Earthquake policies typically cover damage to your house and your belongings, up to the insured amount. If possible, you’ll want to buy enough to cover the cost of rebuilding your house and replacing your belongings. While your standard homeowner’s policy may cover fire damage that results from an earthquake, an earthquake policy is important to cover damage that results from shaking, such as structural collapse. What’s My Risk? Typically, we think earthquakes strike only in a small portion of the country—namely California, Oregon and Washington. However, more recent experience also shows that the Midwest region is at relatively high risk of earthquakes due to a fault line that runs through those states. How Much Will it Cost? Because of the massive potential damages associated with an earthquake, coverage tends to be expensive. Your premium amount will depend on your location, along with the age and structural composition of your home. In addition, earthquake policies include a percentage deductible, generally ranging from 2 to 20 percent of total damages, which means you’ll still have significant out-of-pocket costs in the event of an earthquake. However, you’ll want to weigh the cost against your risk of experiencing an earthquake, and your ability to survive the financial aftermath of such a catastrophic event. In assessing your financial exposure, it’s important to know that the government typically will not provide much financial aid for earthquake victims, and help may be limited to low-interest loans that you will need to repay. Additional Considerations When buying a policy, you should read it closely to be sure you understand what is covered and what is not. Find out if it covers your house only or the garage as well, whether it will cover additional living expenses if necessary, along with any other exclusions or limitations. You also should know how much time you have to file a claim following a quake, as damage is often not apparent immediately after the incident. Each policy is different. TPG Insurance Services can offer you recommendations and help you shop around to find the policy that best fits your needs and your budget. If you are considering purchasing earthquake insurance, the experts at TPG Insurance Services would be happy to advise you. CONTACT US TODAY: Tel: 909-466-7876 Download the PDF version […]

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OSHA Recordkeeping Forms

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The Occupational Safety and Health Act (OSH Act) requires covered employers to prepare and maintain records of certain occupational injuries and illnesses. The Occupational Safety and Health Administration (OSHA) is responsible for administering the recordkeeping forms and the system established by the OSH Act. Download the PDF version This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2016, 2020 www.MyTPG.com All rights reserved. OSHA requires employers to use Forms 300, 300A and 301 to satisfy their recordkeeping obligations under the OSH Act. However, not all injuries are recordable incidents. When an employee is injured at work, employers must first determine whether the injury is work-related and whether any recording criteria applies. This Compliance Overview describes employer recordkeeping requirements under the OSH Act and provides some guidelines employers can follow to determine whether an injury is a recordable incident. Recordkeeping Forms Reporting Report work-related fatality within eight hours Report inpatient hospitalization, amputation or loss of an eye within 24 hours. OSHA annual electronic reports are due by March 2 Sectioned Information Applies to employers if: They have more than 10 employees; and Are not classified as a partially exempt. Use OSHA Forms 300, 300A and 301. Form 300A must be posted every year from Feb. 1 to April 30 Links and Resources – OSHA Injury and Illness Recordkeeping and Reporting Requirements website – OSHA Forms – 300, 300A and 301 Employers Subject to OSHA The OSH Act covers private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions, either directly through federal OSHA or through an OSHA-approved state program.  Employees who work for state and local governments are not covered by federal OSHA, but may have OSH Act protections through an OSHA-approved state program. Federal agencies must have a safety and health program that meets the same standards as those applicable to private employers. Although OSHA does not fine federal agencies, it does monitor federal agencies and responds to worker complaints. The United States Postal Service (USPS) is covered by OSHA. The following individuals are not covered by the OSH Act: Self-employed individuals; and Immediate family members of farm employers that do not employ outside employees. In addition, OSHA does not regulate workplace hazards that fall within the jurisdiction of other federal agencies, such as the Mine Safety and Health Administration or the Federal Aviation Administration. Recordkeeping Forms Exemptions                                 OSHA recognizes two exemptions from its recordkeeping requirements: Employers with 10 or fewer employees; and Establishments in identified partially exempt industries. The list of partially exempt industries includes low-hazard industries such as retail, service, finance, insurance and real estate. These industries are known as partially exempt industries because the exemption applies to recordkeeping requirements but not to the reporting obligations an employer may have in case of work-related fatalities and severe injuries. OSHA updated the list of partially exempt industries with a final rule that became effective on Jan. 1, 2015. Employers may access the list of partially exempt industries by visiting OSHA’s website. REQUIRED OSHA RECORDKEEPING FORMS Employers subject to OSHA’s recordkeeping regulations must prepare and maintain records of serious work-related injuries and illnesses using OSHA Forms 300, 300A and 301. Form 300 (Log of Work-Related Injuries and Illnesses): This form is used to classify work-related injuries and illnesses and to note the extent and severity of each case. When an incident occurs, employers must use Form 300 to record specific details about what happened and how it happened. Form 300A (Summary of Work-Related Injuries and Illnesses): This form shows the total number of work-related injuries and illnesses for the year in each category. At the end of the year, employers must post the Form 300A in a visible location so that employees are aware of the injuries and illnesses occurring in their workplace. When an employer has more than one establishment, a separate summary must be kept at each physical location that is expected to be in operation for one year or longer. Form 301 (Injury and Illness Incident Report): This form must be filled out within seven calendar days after an employer receives information that a recordable work-related injury or illness occurred. This report includes information about the employee and the treating physician, and detailed information about the case. Employers must keep this report on file for five years following the year it pertains to. Which Work-Related Injuries and Illnesses Should Be Recorded? Employers must record work-related injuries and illnesses that result in: Death; Loss of consciousness; Days away from work; Restricted work activity or job transfer; or Medical treatment beyond first aid. Other Recordable Work-related Injuries and Illnesses Employers must also record work-related injuries and illnesses that are significant or meet any of the additional criteria listed below. Significant Injuries and Illnesses Employers must record any significant work-related injury or illness that is diagnosed by a physician or other licensed health care professional. Most significant injuries and illnesses will result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. According to OSHA, all work-related cases involving cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums must be recorded at the time of diagnosis by a physician or other licensed health care professional even if medical treatment or work restrictions are not recommended, or are postponed. Additional Criteria Employers must record the following conditions when they are work-related: Any needlestick injury or cut from a sharp object that is contaminated […]

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