R&R Insurance Blog

What is currently required to be reported to OSHA?

• All work related fatalities
• Work-related hospitalizations of 3 or more employees

Starting 1-1-2015, what will employees have to report to OSHA?

• All work-related fatalities (within 8 hours of finding out about them)
• All work-related inpatient hospitalizations of 1 or more employees
• All work-related amputations
• All work-related losses of an eye

Important note on who is covered by this ruling
All employers under OSHA jurisdiction must report the 4 events listed above and this includes even small employers with less than 10 employees. (who are exempt from OSHA record-keeping)

How soon must these be reported?

• Fatality: within 8 hours of finding out about it or if the death occurs within 30 days of a work-related incident.
• For inpatient hospitalization, amputation and eye loss, employers must report within 24 hours of learning about it. (employers only have to report an inpatient hospitalization, amputation, or loss of an eye that occurs within 24 hours of a work-related incident.)

How do I report one of these events to OSHA?

• CALL: Your local OSHA office or use the 24 hour hotline at 1-800-321-6742
• ELECTRONICALLY: OSHA is working to have this in place soon! (www.osha.gov)

What information do I need to report?

For fatality, inpatient hospitalization, amputation or loss of an eye, report the following:

• Company name
• Location of the incident
• Time of the incident
• Type of injury sustained
• Number of employees who suffered the event
• Names of the employees involved
• Contact person and his/her phone number
• Brief description of the work related incident

Employers DO NOT have to report an event if it:

• Resulted from a motor vehicle accident on a public street or highway. (it does need to be reported if the event happened in a construction work zone)
• Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, streetcar, light rail or train)
• Occurred more than 30 days after the work-related incident if a fatality or more than 24 hours after the work related incident in the case of an inpatient hospitalization, amputation, or loss of an eye.

What about heart attacks?

Employers do have to report an inpatient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident.

2015 OSHA reporting explained: download flow chart

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NOTE: In the same ruling, OSHA has also changed the list of occupations that are now required to complete the OSHA 300 log. It is important to note that employees who had fewer than 10 employees in a calendar year are still exempt from having to complete an OSHA 300 log.

For the new list of industries now required to complete a 300 log as well as additional information can be found at: www.osha.gov/recordkeeping2014.

Have additional questions? Contact your knowledgebroker.

One of the most stressful events you can face as a driver, a homeowner, or a business owner occurs when someone claims they were injured due to your negligent actions. This most often arises from traffic accidents, but it can also arise from slip and fall accidents, dog bites, construction accidents, or allegedly defective products.

The first question that has to be answered is whether you are legally responsible for the injury. If you rear-end someone or run a red light, then your negligence is probably fairly clear. However, in other situations, your negligence may not be clear. For purposes of this article, let’s assume you injured the person due to your negligent actions.

Question:

So what does Wisconsin Law allow an injured person to recover from you?

Answer:

An injured person may be able to recover:

1. Past Medical Bills incurred for injuries related to the accident.
2. Future Medical Bills if those injuries are permanent.
3. Past Wage Loss due to the accident.
4. Future Income Loss, if that person is unable to return to their former profession.
5. Past Pain & Suffering which resulted from their injuries.
6. Future Pain & Suffering if the injuries are expected to cause pain in the future.
7. Loss of Consortium for the spouse of an injured person resulting from their loss of services.
8. Property Damage they may have suffered in the accident.

Luckily, the majority of legally-compensable injuries are not severe or permanent. In fact, most claims are usually resolved by the insurance carrier before a lawsuit is filed, or before the case goes to trial. However, some cases go to a jury trial, and the decision about who is at fault and how much to award the injured person is left in the jury’s hands.

Sadly, fatalities can sometimes result from accidents. In those cases, Wisconsin law allows “Wrongful Death Actions” by the deceased person’s personal representative, surviving spouse, domestic partner, child, parent or guardian.

In fatality accidents, the following damages are potentially compensable:

1. Medical Bills incurred before death
2. Conscious Pain & Suffering, if any, before the person died.
3. Loss of Future Income to the person’s survivors, which can be very large if the person was young or a high wage earner.
4. Loss of Society & Companionship. These are damages that the survivors suffer from the loss of that person’s emotional support. Wisconsin has set the following caps on this element of damages: $350,000 for an adult and $500,000 for a child.
5. Pre-Death Loss of Society & Companionship. If the person survives the accident, but dies at a later date due to the accident, the survivors may be entitled to pre-death loss of society and companionship which is NOT subject to the caps listed above.

Keep in mind that you would be responsible for compensating an injured person, or their survivors, for their damages regardless of how much insurance you decided to purchase.

When our agents recommend liability limits in excess of $500,000, and offer to quote additional limits in the form of an umbrella policy, they are looking to adequately protect you in the event of an unfortunate accident for which you may be found liable.

Please talk to your Knowledge Broker about any concerns you have about liability limits. He or she will explain all options available to you and the costs involved.

This material is for informational purposes only and not for the purpose of providing legal advice. R&R Insurance Services, Inc. is not a law firm. You should contact your attorney to obtain advice with respect to any issue or problem specific to you or your business. The information contained in this document is intentionally condensed and a summary of statutes and court findings.

Jackson vs Wisconsin County Mutual, Decided 6/10/14 by the Wisconsin Supreme Court

On the day of the accident, Rachelle Jackson was on duty as a Milwaukee County Sheriff Deputy directing traffic at the Milwaukee airport. She was about to direct the driver of a car when she walked in front of that car to check for oncoming traffic. The driver of that car pulled forward and struck Ms. Jackson.

She presented an under-insured motorist claim to the County’s commercial automobile policy. Wisconsin County Mutual disputed coverage and this lawsuit began.

The policy pays sums owed by an under-insured motorist to an insured person who is injured “using an automobile within the scope of his or her employment or authority.”

The policy defines “using” by the meaning set forth in Wisconsin Statute § 632.32(c) (2), which defines “using” to “include driving, operating, manipulating, riding in and any other use.”

Jackson argued that she was directing the driver of the car into traffic, and that this constituted “manipulating” or was making some “other use” of the car.

Prior cases have granted coverage to persons directing a car. In those cases, the actual driver is really acting under the direction and control of the person directing them. In those cases, the person directing the car is “manipulating” the car, which constitutes “use”, and coverage was granted.

In Ms. Jackson’s case, she had not yet started directing the car into traffic. Therefore, she was not yet “manipulating” or “using” it by definition. The Court found that she was not entitled to under-insured motorist coverage under this set of facts.

Comments:
Had Ms. Jackson started to motion for the car to pull forward, it seems she would have met the definition of “use” and been granted coverage.

This material is for informational purposes only and not for the purpose of providing legal advice. R&R Insurance Services, Inc. is not a law firm. You should contact your attorney to obtain advice with respect to any issue or problem specific to you or your business. The information contained in this document is intentionally condensed and a summary of statutes and court findings.

Best practices for employers with outdoor workers:

• Train employees and supervisors in heat illness prevention, as well as how to recognize the symptoms of heat-related illness and what to do if someone exhibits symptoms
• On days when temperatures require preventive measures, increase the volume of water available to employees. California suggests one quart per hour. It is not enough to simply provide it - workers must be encouraged to drink the water.
• Have shade available for outdoor workers and allow frequent breaks - at least 5 minutes of rest when an employee believes they need a preventative recovery period.
• Have the ability to appropriately respond to any employee with symptoms of illness
• Allow gradual acclimation for workers unaccustomed to working outside - it can take 4 to 14 days
• Know where the nearest hospital is and directions to your work site in case emergency medical attention is needed

Heat-related resources

• Heat Illness - materials in multiple languages
• CDC Extreme Heat
• National Weather Service warnings - or search by state
• Heat Stress Control and Heat Casualty Management (PDF) guidance from the Department of the Army and Air Force
• OSHA Technical Manual on Heat Stress
• CDC Frequently Asked Questions (FAQ) About Extreme Heat
• Heat Stress: Fluid and Electrolite Imbalance Can Be Fatal
• Heat-Related Illness Prevention - California Division of Occupational Safety and Health
• Outdoor Heat Exposure - Washington State Department of Labor and Industries
• NIOSH: Working in Hot Environments

WI school administrators’ & teachers’ safety & liability concerns involve carrying the responsibility of ensuring students, faculty and community are covered – especially in high risk environments like laboratory science. Schools are faced with unique risks in regard to keeping their environments a safe place for students to learn and grow. Providing the best education and classroom experience should be an educator’s #1 priority and there are resources that allow you to make that the primary focus. Here are 4 qualities that you should look for when evaluating and choosing a safety & liability coverage consultant for your district, school, group or project.

Experience

School district risk and claims management requires a specialized expertise in all areas of a school’s operations function. Finding the right consultant for your group should include a representative with experience in education coverages as well as provide you with access to valuable resources that will help you make knowledgeable decisions. Your provider representative should have familiarity with your school setting, faculty and educators that are working in situations that may be considered high risk. Are you in a situation where you see your consultant only once a year or at renewal time? If so, it’s likely they do not have a strong understanding of the risks that are facing your individual students, faculty and property on a daily basis. Choose a consultant that has experience working in the same type of district, school or group setting as you will be working in together. They should also come with strong recommendations and be known for their solid relationships with the administrators, teachers and students they serve.

Knowledge

With experience, comes knowledge. Look for a consultant that has the breadth of knowledge to give expert advice, recommendations and lead you to resources that will provide value to the entire administration and staff. Safety and insurance coverages can be intimidating and complex at times. Having a reliable consultant that acts as an approachable extension of your team could save your district, school or group time and money. Working with a provider that goes above and beyond to create educational opportunities for you and your team will be an invaluable addition to the partnership.

Compassion

Look for a provider with a mission that aligns with your district or school’s focus on providing the most successful educational experience for your students and the community. Your partner should be someone you trust to put the lives of the people who fall under your policy first as well as do the right things – even when no one is looking. Here’s an example of how Jeff Gross, Director of Business Services with the school district of Menomonee Falls is working with his insurance provider to put the students and community first.

Extensive Options

Your district, school or group faces special needs and issues day-to-day and you want to align with a provider that has a strong understanding of the risk management needs of academic institutions. These coverage needs are constantly evolving. Consultants should offer flexible and comprehensive coverages that protect your assets so your primary focus can be on education. Competitive pricing is of course, is also a factor along with specifically designed school enhancement coverages.

As an administrator or educator, the safety and security of your students, faculty and school environment are at the forefront of responsibilities faced everyday. Finding a safety and liability consultant you can trust will allow you to focus on what’s most important – education. What risks are of biggest concern for your district or classroom and how are you working with your consultant to minimize these risks?

Safety and chemical storage deficiencies are widespread in American schools. In the wake of recent stories about students across the country becoming injured in laboratory incidents, Milwaukee teachers are taking steps to ensure safety regulations are exceeded, colleagues are kept informed and students are safe.

Many regulations are put into place and resources, checklists and tools available for laboratory science teachers through Occupational Safety & Health Administration (OSHA) and U.S. Department of Labor (DOL). Laboratory safety has been at the forefront in many industries but slower to be put into practice in the school setting. The video below shows how Menomonee Fall’s Chemistry Teacher, Amanda Gilman, is taking steps to protect the students and faculty at their school.

Teachers have a responsibility to lead by example and enforce all safety rules and practices. The need to educate students in the sciences, especially chemistry, presents challenges to educators that include safety concerns for students and faculty. Here are 5 critical factors all laboratory science teachers need to take seriously:

1. Take care of the lab & equipment.

How often are you conducting inspections of safety and first aid equipment? Be sure it aligns with what your administration requires. Record dates of when inspections are performed and include your initials on inspection tags. If you find a hazardous or potentially hazardous condition, notify administration and follow through on the status. This is a given, but defective equipment should never be used.

2. Keep good records & maintain chemicals.

It is important to update the chemical inventory at least annually and provide a copy of the list to local emergency responders (fire dept. etc). Consider the following when performing an inventory inspection:

• Chemicals should not be stored with food or drink
• Keep chemicals in their original containers
• Make sure everything is labeled
• Be sure to dispose of chemicals properly. Check labels and always follow instructions
• Keep records of all staff safety trainings and any laboratory incidents that may occur

3. Know safety & emergency procedures.

Educate students on the location and use of all safety and emergency equipment prior to laboratory activity. Provide students with safety procedure instructions to follow in the event of an emergency / accident. Keep a list of emergency phone numbers in a designated location. Additionally, know the location of and how to use cut-off switches & valves for water, gas and electricity in the laboratory. Practice safety and evacuation drills on a regular basis.

4. Prep for laboratory activities.

Before conducting lab activities, evaluate the educational value vs. the potential risk. Have a strong understanding of the hazards of the materials and equipment being used. Conduct a thorough inspection of all equipment before any activity. Provide instructions to students before performing any work in the lab and follow up with lesson plan notes with details of any occurrences that took place during the experiment.

5. Model good laboratory conduct.

Being a good role model in the laboratory is key to providing an important example for students to follow while preparing for and conducting experiments. Be sure all students wear the necessary protective safety equipment and enforce all safety rules, at all times. Equally as important, never leave students unsupervised or allow unauthorized visitors to enter the lab.

Milwaukee-area middle school and high school science teachers are taking a stand against the upsurge in serious laboratory incidents that have occurred across the country in recent years due to experiments using highly explosive materials. In partnership with R&R Insurance based in Waukesha, area teachers have created a toolkit and on-demand webinar that will help educate other teachers and faculty on safety regulations and practices in schools, classrooms and laboratories.

The toolkit consists of some of the tips mentioned in this post:

• chemical storage and utilization checklists
• disposal tips
• a guide to hazardous experimentation and avoiding accidents,
• video & webinar trainings
• and risk management resources and tools

What steps are you taking to ensure the safety of students and faculty in your school and laboratory?

In early January 2014, two New York high school students suffered severe burns from a plume of fire that shot across their high school chemistry lab during an experiment called "The Rainbow Experiment". The dangers of highly explosive materials in high school science labs and this unfortunate recent event is a perfect segway to highlight the efforts of Amanda Gilman, Chemistry Teacher at Menomonee Falls High School in Menomonee Falls, Wisconsin, and Chemical Hygiene Officer for the district.

Amanda's procedures in the classroom, inventory control, and safety precautions have been recognized as some of the best safety precautions used in schools today. Her unique inventory control methods help keep students and faculty safe. In this quick interview, Amanda discusses some of the techniques she uses in her chemistry lab, as well as the knowledge she gains through R&R Insurance - the provider of insurance for the Menomonee Falls School District and dozens of other schools throughout Wisconsin.

R&R offers an online tool to manage all information for MSDS (SDS) - Material Safety Data Sheet (Safety Data Sheet). Schools and businesses looking for an easy-to-use, online resource for the management of chemicals in their facilities should contact a knowledgebroker.

For more information about R&R's Risk Management Center and the extensive online risk management tools we offer through this portal, contact knowledgebroker Andy Scherwinski.

More on the traumatic science experiment that severely burned 2 high school students in New York on January 2, 2014.

Additional Science Lab Resources:
The Laboratory Safety Institute
Lab Safety Guide: 40 Suggestions Poster

Here are five examples of deadly incidents that were caused by dust, and ways businesses can eliminate the risk of a dust explosion happening in their facility.

1. In February 1999, a deadly fire and explosion occurred in a foundry in Massachusetts killing 3 and injuring 9. A fire initiated in a shell molding machine from an unknown source and then extended into the ventilation system ducts by feeding on heavy deposits of phenol formaldehyde resin dust. A small primary deflagration occurred within the ductwork, dislodging dust that had settled on the exterior of the ducts. The ensuing dust cloud provided fuel for a secondary explosion which was powerful enough to lift the roof and cause wall failures.
2. In January 2003, devastating fires and explosions destroyed a North Carolina pharmaceutical plant that manufactured rubber drug-delivery components. Six employees were killed and 38 people injured. An accumulation of a combustible polyethylene dust above the suspended ceilings fueled the explosion. The CSB was unable to determine what ignited the initial fire or how the dust was dispersed to create the explosive cloud in the hidden ceiling space.
3. In February 2003, a Kentucky acoustics insulation manufacturing plant was the site of a dust explosion killing 7 and injuring 37 employees. The likely ignition scenario was a small fire extending from an unattended oven which ignited a dust cloud created by nearby line cleaning. This was followed by a deadly cascade of dust explosions throughout the plant.
4. In October 2003, an Indiana plant where aluminum auto wheels were machined experienced an incident which killed one and injured one employee. Aluminum dust was involved in a primary explosion near a chip melting furnace, followed by a secondary blast in dust collection equipment.
5. February 10, 2008 a deadly explosion ripped through a sugar refinery blast killing at least 6 workers and sent 62 to the hospital. “As far as we know it was a sugar dust explosion,” authorities said the day after the explosion. The blast occurred in a storage silo where refined sugar is stored until it is packaged. Sugar dust is combustible. Static electricity sparks from metal tools, or a cigarette can ignite explosions.

Elements Needed for a Dust Fire (the familiar "Fire Triangle"):

1. Combustible dust (fuel);
2. Ignition source (heat);
3. Oxygen in air (oxidizer);
4. Dispersion of dust particles in sufficient quantity and concentration;
5. Confinement of the dust cloud

There are several ways these explosions can take place. Two primary scenarios are:

1. A dust cloud (diffused fuel) is ignited within a confined or semi-confined vessel, area, or building, and burns very rapidly or explodes. The safety of employees is threatened by the ensuing fires, additional explosions, flying debris, and collapsing building components.
2. An initial explosion in an area were fugitive dust has accumulated may shake loose more accumulated dust, or damage a containment system (such as a duct, vessel, or collector). As a result, if ignited, the additional dust dispersed into the air may cause one or more secondary explosions. These can be far more destructive than a primary explosion due to the increased quantity and concentration of dispersed combustible dust.

What action can employers take to reduce their exposure?

If one of the elements of the explosion pentagon is missing, a catastrophic explosion can not occur. Two of the elements in the explosion pentagon are difficult to eliminate: oxygen (within air), and confinement of the dust cloud (within processes or buildings). However, the other three elements of the pentagon can be controlled to a significant extent.

OSHA Fact Sheet on Combustible Dust Explosions

On Nov. 7, 2013, the Occupational Safety and Health Administration (OSHA) announced a proposed rule to require certain employers to submit injury and illness reports electronically. The proposed rule does not create additional recordkeeping or reporting duties for employers. Rather, it would dictate how this information must be submitted to OSHA. Summary of OSHA's proposal to require electronic submission of injury and illness reports.

Even though this is only in the proposal stage, you can believe that the information will be used to generate inspections in an attempt to “help”, and will create more targeting of "compliance assistance and enforcement"! The importance of completing the 300 log ACCURATELY will never be more important if/when mandatory submissions start. The main point we stress in our OSHA 300 Log webinars is that most companies are actually over-reporting their injuries on the 300. This was bad to do in the past, but would really be problematic if we get to the point where EVERYBODY is submitting their 300 log to OSHA. (currently not the case)

300 Log webinars:
Gain control over your OSHA 300 Log! Basic questions about the OSHA 300 log will be answered along with tips to keep your recordkeeping compliant and accurate. R&R offers free annual webinars - click here to register.

Originally published November 2013; last updated August 2015

Great article on improving patient safety for care giving facilities such as hospitals and nursing homes. Read full article in Amednews.com, by Kevin B. O'Reilly.

These are things hospitals and nursing homes should be doing to protect patients.

1. Improve Hand Hygiene
   Rates of hand washing are low, averaging 39%, with many doctors and nurses underestimating the activity's safety value. Research shows that effective hand hygiene initiatives improve knowledge of when to clean and how to clean, require demonstration of the knowledge, ensure that alcohol-based rub and gloves are available at the bedside, and guarantee that compliance is monitored continuously
2. Use barrier precautions to stop the spread of infections
   Along with hand hygiene, barrier precautions are key to reducing the 1.7 million health care-associated infections that occur in the U.S. each year, which the CDC says kill about 99,000 patients annually.
3. Implement care bundles to prevent central-line associated bloodstream infections
   About 250,000 bloodstream infections occur each year in the U.S., and these infections can triple hospital stays from seven to 21 days. Bloodstream infection rates in ICUs fell by nearly 60% between 2001 and 2009 thanks to wider use of a prevention protocol bundle.
4. Use real-time ultrasonography when placing central lines
   Using portable ultrasound machines to get a real-time, two-dimensional view while placing the catheter has been shown in randomized trials to lower infection rates and improve other outcomes. For every 1,000 patients, ultrasonography-guided central-line placement helps avoid 90 complications, research shows.
5. Use protocols to reduce catheter-associated urinary tract infections
   The most important step in preventing catheter-associated UTIs is to reduce use of indwelling urinary catheters. At least 21% of catheters are placed in patients inappropriately — for example, as a substitute for extra nursing care — and they often are left in long after they are needed.
6. Employ preoperative checklists to reduce surgical complications
   The most well-known surgical safety checklist is one devised in 2008 by WHO, which cut mortality rates from 1.5% to 0.8% at sites in industrialized nations and developing countries. The checklist also helped reduce the surgical complications rate from 11% to 7% over six months involving nearly 4,000 procedures.
7. Improve venous thromboembolism prophylaxis
   Between 350,000 and 600,000 Americans develop deep vein thrombosis each year. One key to improving use of these prophylactic interventions is health information technology that helps identify patients at higher risk for VTE. Medical and mechanical interventions can prevent VTE, Dr. Haut says. Low-dose unfractionated heparin and low-molecular weight heparins such as enoxaparin and warfarin are effective. So are compression stockings and pneumatic compressing devices.
8. Use preventive intervention care bundles to cut rates of ventilator-associated pneumonia
   Pneumonia linked to endotracheal intubation accounts for 25% of ICU infections and is responsible for half of intensive care antibiotic use. Research shows that preventive intervention care bundles can cut rates of ventilator-associated pneumonia by as much as 40% among adults and children.
9. Avoid hazardous drug abbreviations
   About 15,000 medication errors a year have been linked to using abbreviations such as “u” for “unit” and “q.d.” instead of “once daily.” Implementation of computerized physician order entry systems also can help eliminate the vestiges of this problem.
10. Use multi-component interventions to prevent pressure ulcers
    About 2.5 million Americans develop bedsores each year, and about 60,000 patients will die from complications related to pressure ulcers acquired in U.S. hospitals. One bundle of preventive care measures has reduced pressure ulcers by 90% at a large health system, from a rate of 5.7% of patients to less than 0.5%. The bundle, dubbed SKIN, calls for continual assessment of the skin of at-risk patients, regular turning of these patients, management of incontinence to prevent soiling that can contribute to bedsores, and nutritional assessment for malnourishment that can enable the ulcers.

Health care organizations in Wisconsin wanting to know more about how to reduce their risk and liability exposures, contact knowledgebroker Jeff Thiel.