OSHA Inspection: Use the guidelines below to help prepare for an OSHA inspection.

What triggers an OSHA inspection?

An OSHA inspection can be triggered by any of the following:

• Planned inspection
• Complaint
• National/local emphasis program (e.g., lead, amputations)
• Site-specific targeting program (high incident rate sites)
• Follow-up on a previous inspection
• Imminent danger
• Fatality

What comprises an OSHA inspection?

Recordkeeping

• OSHA 300 logs from the last five years (or records of work-related injuries and illnesses)
• OSHA 301 forms or incident reports
• Reports of fatalities and catastrophic events
• Annual summaries for the last five years
• Medical surveillance (e.g., hearing tests, respiratory)
• Safety Data Sheets (SDSs) (and SDS books)

Documentation review

• Written safety compliance programs (e.g., HazComm, lockout/tagout, emergency procedures)
• Development of the written program
• Execution of the programs
• Employee training (e.g., orientation, refresher, attendance records, subject matter)

Site inspection

• Identify physical hazards
• Observe unsafe employee behavior
• Evaluate level of noncompliance with OSHA standards

Employee interviews

• Labor representative
• Rank and file
• Management

What should I do if OSHA wants to inspect my worksite?

• Examine the inspector’s credentials.
• Ask for the purpose of the inspection. Has there been a complaint? OSHA can inspect a workplace if it has probable administrative cause for the inspection. Employers have the right to request an inspection warrant or negotiate for a limited scope for the inspection in exchange for their consent to an inspection without a warrant.
• Provide a room with privacy for the inspector.
• Determine how you will handle the inspection.
• Let the inspector in to proceed with the inspection, accompanied by appropriate personnel.
• Inform appropriate production personnel (managers, supervisors) of the imminent inspection, advise them to quickly tour their areas and make “last minute” improvements (e.g., housekeeping, PPE).
• Someone who is familiar with your written programs and your facility should accompany the inspector at all times to ensure questions can be answered appropriately.
• If the inspector identifies any “quick fix” items, have them taken care of immediately or at least by the time the inspector returns.
• Take “before” and “after” photographs of every improvement made.
• If the inspector takes photographs or video, consider doing the same concurrently.
• If the inspector conducts noise or air monitoring, consider doing the same concurrently.
• Take detailed notes during the post-inspection conference; the inspector’s comments are likely to be items that might show up in citations.

 

Why might OSHA write a citation and assign a $0.00 penalty?

OSHA often assigns a $0.00 penalty in order to write a large number of citations without it being unrealistically expensive for you. However, this is typically only done once; if OSHA finds the same violations in the future; it may cite you for a “willful” or “repeated” violation and assign a penalty.

Be sure to start with a clean slate. All violations from previous inspections should be cleared, or you may be assigned large penalties.

What should I do if I receive citations following an OSHA inspection?

• Pay the citations.
• OSHA may offer a reduction in the penalty if it feels the inspection otherwise went well; it will ask you to agree to pay the penalty early in order to pay the discounted amount.
• If you strongly disagree with one or more citations, send OSHA a letter of “Notice of Contest” within 15 working days of the inspection. A verbal statement expressing your desire to contest a citation is not enough. The Notice of Contest must clearly identify the basis for filing the citation, the notice of proposed penalty, the abatement period or notification of failure to correct violations.
• The Occupational Safety and Health Review Commission (OSHRC) will assign your notice to an administrative law judge. Legally invalid notices will be dismissed. Valid notices will be scheduled for a hearing. You will have the right to participate in the hearing.
• You can appeal the administrative judge’s decision to the OSHRC. An OSHRC ruling can be appealed to the appropriate federal court of appeals.

 

 

If you have any questions on OSHA inspections or violations, please contact our office.

Whether they’re transporting materials and tools to worksites, hauling goods for deliveries or driving to meet clients—companies of all kinds rely on safe and functioning vehicles to serve customers and generate profit. As such, commercial auto insurance has become invaluable for any business that operates vehicles as part of their operations.

However, exposures related to commercial auto insurance are vast, and a number of industry changes, as well as the frequency and severity of claims, have had a significant impact on carriers in the space. In fact, many carriers are finding it difficult to maintain profitability for commercial auto insurance and, in turn, are passing the uptick in cost along to insureds.

It’s not uncommon for businesses to see year-over-year rate increases even when they hire safe drivers and have a clean loss record. But, the truth is that claims history is just one piece of the puzzle, and a number of high-level trends affect commercial auto insurance rates. This Coverage Insights will examine some of the trends driving up the cost of commercial auto insurance.

+Distracted Driving Incidents

While many factors can lead to a crash (e.g., impaired driving, poor road conditions and adverse weather), distracted driving is one of the most common causes of accidents. As these incidents have become more common, insurance rates have climbed in tandem, creating a risk management challenge for insureds and a profitability challenge for insurance carriers that sell commercial auto insurance.

Data from the National Highway Traffic Safety Administration indicates that every year, up to 391,000 people are injured and 3,450 people are killed in crashes involving distracted drivers. Distracted driving reduces awareness, decision-making and performance—increasing the likelihood of driver error, near-crashes or crashes.

Distracted driving is an ongoing safety concern for organizations that use vehicles as part of their operations—a concern that continues to impact the cost of coverage for businesses across the board.

+Accident Costs

The overall cost associated with vehicle collisions has climbed significantly in recent years. While the financial impact of individual accidents can vary based on the severity of a collision, steep medical and repair costs continue to drive up the cost of claims overall.

Increasing Medical Costs

In general, medical costs have been rising steadily over the past number of years. In fact, losses for bodily injury liability insurance claims increased 10% over a five-year period alone. These increased costs have affected multiple lines of insurance, including commercial auto insurance.

Following an accident, injuries for all of those involved can vary in severity. It’s not uncommon for the injuries of those involved in an accident to require multiple doctor visits or even surgery, which can extend recovery time and influence the cost of claims.

Increasing Vehicle Repair Costs

Technological advancements have made vehicles safer and more efficient. However, as commercial vehicles are outfitted with a variety of sophisticated components (e.g., backup cameras and blind-spot cameras) they are becoming increasingly expensive to repair.

According to a report from AAA, vehicles equipped with driver assistance systems often cost twice as much to repair as those that aren’t. As such, losses associated with a collision are much more substantial, leading to rate increases and creating numerous challenges for insurers.

+Driver Shortages

According to the American Trucking Associations, approximately 160,000 commercial driver positions will go unfilled in the next decade. This ongoing shortage has placed a substantial burden on businesses, often forcing them to hire less experienced drivers.

Not only does this increase the potential for accidents and subsequent claims, but it has also made businesses more costly to insure. And with no end in sight to the driver shortage, businesses will need to train drivers effectively and ensure their company makes road safety a priority.

+More Vehicles on the Road

According to industry experts, there are more drivers on the road than ever before. Additionally, industry demand is on the rise, and drivers are logging added miles in order to make deliveries and meet employer demands. Together, this means a higher number of drivers are on the road for longer periods of time, increasing the likelihood of an accident.

 

+Litigation Trends

Simply put, auto liability claims are increasing in both frequency and severity year over year. This is occurring for a number of reasons, including the following:

• • • • Litigation funding—Litigation funding is when a third party provides resources to attorneys to finance a lawsuit. In exchange, the third party receives a portion of the settlement. This is becoming more common in auto liability claims and often increases the cost of litigation overall, sometimes to seven figures.
      • Claim severity—Settlement verdicts for bodily injury claims have been rising steadily. As a result, attorneys are more inclined to go to trial. This extends litigation and significantly raises the cost to defend a claim.

These facts depict an expensive and litigious environment for businesses involved in auto liability claims. In turn, insurers have a lower appetite for risk, making it difficult for employers to secure low rates.

Securing Affordable Coverage

While it can feel like the factors influencing the cost of coverage are out of a business’s control, there are things policyholders can do to secure better rates.

Organizations should have a strong understanding of their exposures and regularly examine the root causes of collisions and similar commercial auto concerns. Additionally, businesses should seek the help of a qualified insurance broker with a deep understanding of their operations and effective risk management strategies.

Contact Anastasi Insurance Agency, Inc. today to learn more.

 

Seven Insurance Policies for Small Businesses

With so many different types of insurance to choose from, it can be overwhelming to determine what type is best for your small business. Anastasi Insurance Agency, Inc. is here to help explain the types of insurance policies available and how they can help protect you, your employees and your business’s bottom line.

Commercial Property Insurance

In the case of a catastrophic event such as a fire, explosion, burst pipe, storm or theft, commercial property insurance compensates you for losses or damage to your building, leased or owned equipment, and other property on the premises. In fact, commercial property insurance can cover items such as furniture, inventory, computers and anything that would be considered necessary for performing normal business operations.

Commercial property insurance is typically purchased as a stand-alone policy or as part of a comprehensive business owner’s policy that includes property and general liability coverage. Commercial property insurance is offered on either a replacement cost or actual cash value basis.

• Replacement cost: Pays the cost to replace or repair the damaged property with materials of like kind and quality, without any deduction for depreciation.
• Actual cash value: Pays the cost to repair or replace the damaged property, minus depreciation.

General Liability Insurance

General liability insurance policies typically cover an organization for claims involving bodily injuries and property damage resulting from its products, services or operations. What’s more, this form of insurance can help cover medical expenses and attorney fees resulting from bodily injury or property damage claims for which your organization may be legally responsible.

General liability insurance policies typically have four coverage elements:

Premises liability covers you in the event that a person who is not employed at your business becomes injured on your property. If someone sued your business because they tripped and fell on your property, liability insurance can help cover those expenses.

Products liability covers you if a product or service causes injury to someone’s body or inflicts damage on a consumer’s personal property. If you’re a tech company that broke a customer’s computer while performing a service on it, those damages could be covered.

A personal injury is when your business inflicts a physical, financial or mental injury to a third party. For instance, let’s say you take action in detaining someone who you had reason to believe was stealing from your store. If it turns out your accusations are false and the person decides to sue you, you’d be covered under your general liability policy.

Advertisement injuries are caused by alleged misinformation, copyright infringement or slander made by your company. If you were advertising a product that claimed it could help clear acne and it ended up making a consumer’s acne worse, that could be considered an advertisement injury.

Overall, a general liability policy is beneficial for covering any medical bills or legal costs that accrue if the injured third party decides to sue your business.

Employment Practices Liability

Employment practices liability insurance (EPLI) is a form of insurance that covers wrongful acts that occur during the employment process. The most frequent types of claims covered under an EPLI policy include claims of discrimination, wrongful termination, sexual harassment and retaliation.

These policies will reimburse your company against the costs of defending a lawsuit in court, and for judgments and settlements. EPLI covers legal costs, whether your company wins or loses the suit. However, these policies typically do not pay for punitive damages, or civil or criminal fines.

Workers’ Compensation

Workers’ compensation is important in the event that an employee suffers a work-related injury or illness. This type of insurance is required in most states and is used to cover medical bills or wage replacement for employees who experience a work-related injury.

For example, if a worker pulled a back muscle at work and was unable to perform their duties, workers’ compensation would help in covering any physical therapy costs as well as compensating the employee for any lost wages.

Having worker’s compensation insurance can also protect your business from civil suits made by employees against your company related to their injuries.

Cyber Liability Insurance

If any part of your business is on an online platform, it is crucial to obtain cyber liability insurance. This type of coverage can protect your business from a cyber attack or interruption that can cause a loss in data, revenue and the trust between you and your customers. Cyber liability insurance is not only there to protect the internal information of your company, such as employees’ social security or financial information, but it also protects your customers’ personal and banking information.

Most cyber liability policies include both first- and third-party coverage:

• First-party coverage is for the business itself— helping the business recover from any losses after a cyber attack.
• Third-party coverage is to cover claims by people who have been injured because of your business being hacked.

Restoring compromised or lost data can be very costly, so cyber liability insurance is there to help cover financial losses to your business and the costs of claims made against your company by clients or other third parties who were affected.

 

Commercial Auto

Commercial auto insurance helps cover the costs of an auto accident if you or an employee is at fault. This coverage can help pay for damaged property and medical expenses.

Your business should consider a commercial auto policy if any of the following are true:

• Your business owns, leases or rents vehicles such as cars, trucks or vans.
• Your business has employees who drive their own vehicles to conduct business.
• Your business has employees who operate leased, rented or owned company vehicles.

Professional Liability Insurance

Professional liability insurance, also known as errors and omissions (E&O) insurance, can protect your business against claims that a service you provided caused a client to suffer due to a mistake on your part or because you failed to perform a service.

Professional liability insurance can cover the cost of defending your business in a civil lawsuit for an alleged error or omission. What’s more, depending on your industry, professional liability insurance may be required by law.

While many types of businesses need professional liability insurance, you should especially consider this type of insurance if your business works directly with customers while providing services.

Contact Anastasi Insurance Agency, Inc. to help you analyze your needs and decide on the right coverage for you and your growing business.