What your business needs to know about fiduciary liability

Your business, like many, likely offers employees certain benefits to employees like 401(k) plans, health insurance, and disability insurance. While these are important factors in your employees staying on withman and woman signing contract paper your company or new employees accepting offers of employment, it adds an additional layer of financial responsibility and compliance for your business. The Employee Retirement Income Security Act (ERISA) states that anyone who is overseeing employee benefits can be held liable for mismanagement of these benefits.

The best way to protect yourself and your business from the potential compliance errors is through fiduciary liability, as this kind of policy covers any associated legal costs to defend against claims of errors and a breach of fiduciary duty. If you’ve never heard of this kind of liability insurance, you’re not alone. ERISA doesn’t require it, but it’s a good idea for your business to consider this type of coverage to ensure that your business isn’t at increased risk.

Here’s what to know about financial liability policies: Fiduciary liability protects you and any of your employees — such as HR staff — who are involved in the administration of your 401(k), health and disability plans. If your staff or business are found in breach of their fiduciary duty in managing these benefits, personal assets including car, home, and bank accounts, etc. can be at risk.

According to a Tillinghast survey, mounting a defense in the event of financial mismanagement can cost a business an average of $365K and with a settlement average of $994K. The Department of Labor holds the individual company responsible for the vetting and monitoring outside benefits vendors, so the liability for error rests with the business.

While ERISA doesn’t require financial liability insurance, it does require an ERISA Bond. What’s the difference? An ERISA Bond protects the benefit plan participants from loss due to fraud or dishonesty. This protects the employees who have money invested in a 401(k), for instance, from losing assets due to fraud and theft. Fiduciary liability is insurance that offers defense coverage and protection for the fiduciaries from lawsuits. In the event of mismanagement, you could be sued by:

  • Plan participants
  • Participants’ legal estates
  • Plan beneficiaries
  • Internal Revenue Service
  • Department of Labor
  • Securities and Exchange Commissions and
  • State Attorney General

Fiduciary liability could be a critical piece of coverage for your business. To get a quote or find out more about this important type of policy, get in touch with our office today.

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Avoiding the all-too-common problem of workplace-related hearing loss

25002036_MThe workplace can be dangerous. From hazardous chemicals to heavy objects and dizzying heights, there are numerous safety challenges to overcome to keep all employees healthy and secure. Despite our efforts though, one of the most common workplace injuries continues to linger right under our noses — or, in this case, our ears.

According to the Centers for Disease Control, workplace-related hearing loss is the most common workplace injury in the United States. Each year, the CDC states, about 22 million American workers are exposed to potentially dangerous levels of occupational noise. As far as OSHA is concerned, an acceptable limit for work noise exposure is 90 A-weighted decibels throughout an eight-hour day. For reference, the CDC estimates an average hand drill creates about 98 decibels of noise.

Monetarily, the noise issue can be deafening — the U.S. Department of Labor believes employers across the country spend an annual $242 million on worker’s compensation claims related to workplace-related hearing loss. In 2015 alone, businesses paid more than $1.5 million in fines after being cited for providing inadequate protection to employees in noisy environments. People affected by this kind of hearing loss may find the normal sounds of the world both dulled and replaced by a constant ringing. For many, the damage to their hearing can be debilitating and isolating, causing both personal and professional issues.

Luckily, hearing loss isn’t a foregone conclusion. While some workplaces will always be noisy, we can take measures to block out potentially damaging decibels. By instituting policies that protect your workers’ hearing, you’re also helping to protect your own bottom line.

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There’s been an incident. Now what?

??????????????????????????????????Your business is a big part of your life — that’s why you’ve decided to protect your assets with business insurance. But if there’s an incident, accident, or issue, do you know how to use your insurance coverage to your advantage? Here are some things to keep in mind in case you face an event like:

  • Electrical fire that damages your property or equipment, shutting down your business
  • A break-in or theft, resulting in loss of merchandise or equipment or property damage
  • Customer or employee injury on company property
  • Damage from a natural disaster that renders your business inoperable

So, what now?

  1. Respond to the immediate threat: Make sure everyone is safe or that injuries are being addressed. This might mean evacuating your property or calling for medical treatment.
  2. Contact the police: If your claim is going to report theft, burglary, or something similar, you’ll want to contact local law enforcement as quickly as possible to begin the process of both helping to recoup lost property, find the person responsible, and begin collecting the necessary reports and paperwork.
  3. Contact your insurance company and insurance representative as soon as possible. They’ll be able to give you the specific next steps that apply to your situation. Contacting them as soon as possible will help you better mitigate damages and keep your business operational, or at least get it back on track to being operational as quickly as possible. For specific incidents, an insurance adjuster may be sent out to begin assessing the damage.
  4. Stay organized: Your claims process is going to involve a lot of paperwork, so make sure you’re staying organized throughout the process. If you’re conducting temporary repairs, keep your receipts. Keep an inventory of anything that’s damaged or lost and keep a digital record of the list. Take pictures of damages or other relevant things and store them digitally for easy emailing to your agent and other parties. You’ll need to provide proof of loss and holding onto all documents in an easily accessible location will be a big help.

Our job is always to make sure that your business and assets are protected and make the whole process as painless as possible. If you need business insurance or need to start the process of filing your claim, get in touch with us today.

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Here’s how to get more exercise at the office

21824090_MIt’s no secret that a lot of us who have office jobs could use a little more exercise. Sitting for long periods each day can cause health issues over time, and put strain on your back and neck. The answer? You just might want to try to fit a workout into your schedule at work!

Exercising while you’re at work is easier than you may think. And no, we’re not talking about running back and forth from your desk to the copy machine. Check out the easiest, most efficient and effective ways to exercise at work (and they’re inconspicuous too!):

Stretch it out

It’s important to stretch when you’re sitting all day in order to keep the blood flowing, and to keep your muscles from becoming tense. First try rotating your wrists in circles for a few moments, while doing the same with your ankles. Then move on to simple, basic stretches such as touching your toes. Ease into any stretch if you’ve been sitting in one position for a long time, though, to prevent injury.

Replace your chair with an exercise ball
When we sit in the same computer chair for hours a day, it can begin to become troublesome to our health. Lower back issues and poor posture are just a few among many complications related to spending too much time sitting down. Replacing your chair with an exercise ball is an easy fix! You may feel a little silly sitting on one of these in front of your coworkers at first, but maybe you’ll inspire them to try it, too. Sitting on an exercise ball instead of a chair will help you to retain better posture, and also develop your leg and core muscles used to keep balance.

Desk push-ups
Doing desk push-ups may seem a little ridiculous, but it’s a simple way to really work your arms and chest. The next time that you have a moment between phone calls and emails, try leaning up against your desk and doing 10 push-up reps while leaning forward. Ladies, don’t forget to remove your heels!

Chair dips
Chair dips are an exercise that can really develop your triceps if done on a regular basis. These can be a little challenging at first, and you have to be sure to do them on a chair without wheels (computer chairs are a no-go). Any chair that is stable in your office will be just fine for doing reps of tricep dips.

Bonus tip: Don’t forget that the best way to get in a little more exercise is to fit a walk in on your lunch break. Learn to love moving, and reap the fitness and health rewards!

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Watch out for these everyday workplace hazards

47458614_MThe most common workplace safety concerns aren’t usually the most obvious. For the most part, that’s a good thing — if chemical leaks, explosions and crane collapses happened more frequently, we’d never get anything done. Still, just because a hazard is small or seemingly innocuous doesn’t mean it should be overlooked. Train yourself and your employees to think about safety so you can spot the often overlooked!

A place for everything and everything in its place. We’ve posted on social media before about the importance of keeping a workplace tidy. We’ll say it again — keep your workplace neat! Excess clutter or misplaced items can pose a tripping hazard, block emergency exits, or provide fuel for a fire. Going the extra step to put everything away or throw out unnecessary items might feel like an unwanted chore in your day-to-day routine, but when it pays off, it can really pay off. Let’s just hope it doesn’t have to!

Keep an eye on your cords. Your power and extension cords, that is. Cords and wires, especially those that are stretched along the floor, can easily become broken or frayed in a busy workplace. The same goes for the plugs that give cords their current. If any of that happens, you’ve got a potential electrocution hazard on your hands, not to mention a risk of electrical fire. Keep cords out of the way whenever possible, and avoid dragging them along surfaces. Make sure plugs aren’t bent or mashed by furniture or equipment while they are in use, and replace all equipment as it wears out.

Ergonomics can be economic. Simple ergonomic fixes, while potentially more costly up front, can actually save you considerably in long-term health care costs. Office workers can avoid or lessen the effects of carpal tunnel with properly positioned keyboards and computer mouses and can also avoid other musculoskeletal disorders with ergonomically designed chairs and desks. Ergonomic braces can give more physical workers a leg up by providing support to the back and often-used joints. Proactive approaches to avoiding long-term injuries can help nip workplace injury claims in the bud!

When it comes to safety, even so-called “minor” concerns can have very real health implications. By thinking about safety throughout your day, you can help create a safer environment for everyone in your workplace!

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4 risk assessment steps for workplace safety

26223365 - a sign with a safety reminderThe safety and health of employees should be a top priority for your business. The first step in improving safety in the workplace is identifying risks. Then it’s important to take steps to reduce or eliminate those safety hazards. Here are four steps in completing a risk assessment.

#1 Identifying risks

One of the leading causes of accidents and injuries at work is failure to identify risks. To identify risks, safety managers should collect and review information about any existing and potential hazards in the workplace. This process may include workplace inspections, employee interviews, injury incident investigations and an analysis of the severity of risks to employees.

#2 Identifying workers at risk

After the risks are identified, determine which workers are most at risk from these workplace hazards. This will give you the needed information for which workers may need special safety training, protective equipment or other adjustments to their work environment.

#3 Assessment of risks

Once you have identified hazards and workers who are at risk, the next step is assessing the risks. Here are a few questions to consider: What health risks are there to employees? How severe are these risks? Is the work environment and/or equipment used responsible for risks to employee safety? What steps can you take to reduce safety hazards? If the risk cannot be eliminated, assess what impact the hazard will have on employees’ safety and health.

#4 Implement measures to reduce or eliminate risks

Workplace risk assessment is of no use unless steps are taken to reduce or eliminate risks. At-risk workers need safety training for dealing with hazardous situations. Any physical hazards at the workplace should be removed if possible (faulty equipment, antiquated office furniture, excess noise, etc.).

Safety managers need to develop a written program and hold official meetings and training for employees. Workplace safety risk assessment is an ongoing process and is essential for the security and health of employees. Improving workplace safety can help eliminate unnecessary risks to employees and help them save money on insurance premiums for workers compensation coverage. Here are some guidelines from OSHA for establishing a workplace safety program.

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Do you know the risks?

Every business idea is made of a complex series of decisions. Even the most prepared business leaders, however, face unknown factors that can create damage to theirRisk company. Risks – from property damage to business reputation to employee health – are all potential parts of business. Being able to handle whatever comes your way is just part of the deal.

What are the most common areas of risk to consider and plan for in your business?

  1. Physical and building risks: Do you occupy an old building with an asbestos risk? Do you have fire extinguishers and evacuation maps posted? Ensuring the safety of your physical space is one of the most significant ways to prevent and address workspace risks.
  2. Hazardous material risk: Certain businesses have more risks than others in this regard – chemical plants or auto shops, for instance, will have an increased risk, but even companies who have employees who simply come into contact with cleaning supplies need to be mindful.
  3. Location risks: Is your office located in a place known for severe weather? If floods, earthquakes, blizzards, fires, tornadoes or hurricanes are a risk in your area, it’s important to have a plan to protect your physical space and employees in an emergency.
  4. Human risks: People are the foundation of any business, and they need to be protected. Slips, falls and other on the job accidents are important considerations – you not only need to make sure that there is maintenance to help prevent employee injury but also have the right insurance should accidents happen. Plus, businesses will need to consider the cost of lost employee productivity.
  5. Technological risks: One thing all modern businesses need to be wary of is how they’re using technology. Is your business using best practices to protect data and prevent fraud? What about training employees to avoid phishing emails? It’s important to always consider technology misuse as a potential business risk.
  6. Employment practices risk: Wrongful termination, negligent evaluation or refusal to employ or promote are some examples of events that can place a business at risk for employment practices litigation.

Commercial insurance helps you prepare for the unexpected and can help protect you against financial and legal risks should the worst happen. Responsible business leaders work to understand the potential risks they might face in their organization and know that the right insurance is crucial. If you need to talk to someone about getting the best insurance for your business, our team can ensure that you have the coverage that’s right for you. Get in touch today.

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The importance of communication in risk management

Risk managers might not be in charge of making the actual decisions regarding whether something should or shouldn’t be done at a business, but they are crucial in the decision-making process. Their role64805383_M is to offer insight and advice that minimizes overall risk while maximizing overall value to the business and organization stakeholders.

A risk manager’s job is to evaluate risks, of course – but communication of these findings to board members, senior management and others is crucial. In fact, without effective and thorough communication, a risk manager’s role is worthless to a business. Without effective communication that helps stakeholders understand the output and consequences of certain actions, an organization will almost certainly undergo more harm than good. In fact, most business crises are not linked to a lack of information or understanding but a failure to effectively communicate risk.

What does effective risk communication look like?

  • explaining the chance of a risk playing out a certain way and what the business impact will be in the scenario
  • outlining the difference between risk (which is dependent on certain scenarios) and hazard (found within a specific area)
  • helping to deal with fears and uncertainties around certain risk elements
  • managing expectations around long-term and short-term risk impact
  • improving the overall comprehension of risk-based terminology and concepts to ensure better understanding
  • educating managers about risk management decisions impacting every level of business
  • creating a culture of transparency that enables concerns to be addressed and questions answered
  • growing risk-management credibility through training, continued education and consistent, relevant communication
  • dealing with potentially conflicting interests of various stakeholders and all affected parties

Our business takes risks seriously. We can help you establish the risk management plan that’s right for you and take the appropriate steps to stay insured against potential business hazards. Get in touch with us today to find out more.

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What is directors and officers insurance?

All companies need business insurance, but some businesses require an extra kind of liability insurance called directors and officers, or D&O, insurance. This coverage protects the personal assets of people serving as corporate directors and officers, as well as their spouses, in the event of being sued by employees, vendors, competitors, investors or customers for actual or alleged wrongdoing when managing an organization.

What does D&O insurance cover?

Director and officer insurance will usually cover legal fees, settlements or other costs and expenses. It’s the financial insurance for the standard indemnification clause that is part of many employment contracts. It holds officers – like those in the C-suite – harmless in their role as a company official.

Why would a company need D&O insurance?42443835 - conference room interior

Companies and their leadership teams can be sued for a number or reasons related to their corporate roles and responsibilities, including:

  • Breach of financial responsibilities that resulted in losses or bankruptcy
  • Falsification of company assets
  • Misuse or waste of company funds
  • Fraud
  • Non-compliance with applicable workplace laws
  • Intellectual property theft

What kinds of businesses need D&O insurance?

All companies – public, private and non-profit – could benefit from the assurance of D&O coverage. Companies of all sizes and industries can face litigation risks. Any company, including a nonprofit, that has a board of directors or advisory committee, should consider D&O insurance. Directors and officers from any kind of business posting any kind of profits can be sued over company management affairs, putting their personal assets at risk.

What are the benefits of D&O insurance policies?

  • Businesses with D&O insurance have protections for their profits and assets against being lost in a lawsuit.
  • D&O insurance could help companies look more appealing to investors, if they know they are protected.
  • Organizations will be better able to recruit and retain quality directors who won’t feel that their personal assets are at risk.

Our business is helping your business stay compliant as well as protect your assets and your reputation. Get in touch with our insurance experts today to identify any gaps in your insurance coverage or assess your other business insurance needs.

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What your business should know about OSHA compliance

Businesses have a responsibility to take care of their employees. Not only is this a smart business practice to protect your bottom line and to protect your business reputation, it’s federally mandated. Most 106964639_Mprivate sector employers and their workers in the United States must adhere to OSHA safety programs to protect employees.

The Occupational Safety and Health Administration Act details specific responsibilities of employers regarding ensuring a safe and healthy workspace for their teams, which includes, but is not limited to:

  • Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSHA Act.
  • Examine workplace conditions to make sure they conform to applicable OSHA standards.
  • Make sure employees have and use safe tools and equipment and properly maintain this equipment.
  • Use color codes, posters, labels or signs to warn employees of potential hazards.
  • Establish or update operating procedures and communicate them so that employees follow safety and health requirements.
  • Provide safety training in a language and vocabulary workers can understand.

This federal law also gives employees the right to call their local OSHA office and make a complaint or lodge a concern regarding their place of employment. Because of the importance of worker safety, OSHA takes workplace violations against regulations seriously. Inspections that reveal non-compliance can mean fines or costly renovations for the business.

The official OSHA website notes, “OSHA encourages all employers to adopt a safety and health program. Safety and health programs, known by a variety of names, are universal interventions that can substantially reduce the number and severity of workplace injuries and alleviate the associated financial burdens on U.S. workplaces. Most successful safety and health programs are based on a common set of key elements. These include management leadership, worker participation, and a systematic approach to finding and fixing hazards.” All that to say – smart planning can protect your business.

Prevention and preparation are the key to avoiding costly and dangerous accidents or workplace problems. Our team can help you find solutions for your OSHA compliance needs. Give us a call today.

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