Workplace Safety desc

Kate

The Californian 2019 Q3 – EARTHQUAKE! ARE YOU PREPARED?

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EARTHQUAKE! ARE YOU PREPARED?

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

When the recent earthquake hit in Ridgecrest, approximately 1 hour northeast of Bakersfield, I was out of town and I was not near my family. When I received message of the quake, the first thing I thought was “Is everyone ok?”. This was a 7.1 earthquake, Northridge was only 6.7 on the Richter Scale.

Then, a few other things came to mind:

  1. Are the dogs freaking out and are they ok?
  2. Does my wife know how to shut-off the gas and water to the house?
  3. How do I reach the rest of my family?
  4. Do I have batteries in the flashlights?
  5. Did I have the contact information on the refrigerator for emergency services and neighbors updated?
  6. Did I show my wife how to open the garage door when the electricity was out?
  7. Do I drive home right now from Colorado? (It would normally take me 14 hours, but I could make it in 10 hours, I only need to stop for gas)

Needless to say, my mind was racing.  Then, I said to myself, “I am sure glad this did not happen during business hours.” We do have an Emergency Action Plan, but we have not trained and executed the plan in over a year. And, if the quake did happen during business hours, I believe all of our team members would follow the direction of our leadership team and our Emergency Action Plan. However, after a few minutes, I believe they would think about the stuff I mentioned above and panic would soon appear and then what would we do?

This brought me back to our article in a prior CALSAGA Newsletter issued over a year ago regarding the implementation of an Emergency Action Plan. (Repetition is the best method for learning) This was after the wildfires and our Ventura office was closed for over a week and we had to execute our Emergency Action Plan, even though it was not updated with the most current technology for communicating to our team members and clients to protect them and their families.

In your role as Security Professionals and First Responders, your family, team members, clients and the public look to us for protection and we must be prepared to respond to critical situations and events. We play a significant role in the safety of others and we can make a difference in their lives, if we are prepared!

I thought it is relevant to provide you with a sample Emergency Action Plan again. If you or your clients do not have an Emergency Action Plan, this will help to guide you in the development and implementation. No plan is the same and should include critical information regarding the site location and contacts.

Please take the time to review and envision how a well-executed plan can make a difference in the lives of others. Click here to download a sample Emergency Action Plan.

Thank you and please do not hesitate to contact me if you have any questions.

 

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

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Kate

The Californian 2019 Q2 – HEAT ILLNESS PREVENTION

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HEAT ILLNESS PREVENTION

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

It’s that time of the year….not post tax season… Heat Illness Prevention season!

With the change in seasons comes the warmer weather and it is imperative (And required by Cal/OSHA) that all employers train their supervisors and employees on heat illness prevention. The safety of your employees is the responsibility of the employer and if an unfortunate event does occur, Cal/OSHA may  be investigating the event. If so, they will be asking if you have your Heat Illness Prevention Program in place. The investigation will include verification that you have provided training to your supervisors and employees.

A Cal/OSHA study identified the key role that employers play in preventing worker fatalities due to heat illness. The findings highlighted the value of training supervisors so that they can make the fullest use of their power to control safety on the job.

California Code of Regulations, Title 8, Section 3395 Heat Illness Prevention requires all employers to have a Heat Illness Prevention Program which includes the following:

Provide fresh/potable drinking water

Employers must provide employees with fresh, pure, and suitably cool water, free of charge. Enough water must be provided for each employee to drink at least one quart, or four 8-ounce glasses, per hour and the water must be located as close as practicable to the work area. Employers are also required to encourage employees to drink water frequently

Provide access to shade

When temperatures exceed 80 degrees, employees must be provided shade at all times in an area that is ventilated, cooled, or open to air and that is as close as practicable to the work area. There must be sufficient space provided in the shade to accommodate all employees taking rest. When temperatures do not exceed 80 degrees, employees must be provided timely access to shade upon request. Employees should be allowed and encouraged to take preventative cool-down rest as needed, for at least 5 minutes per rest needed.

Have high heat procedures in place

High heat procedures are required of agricultural employers when temperatures exceed 95 degrees. The procedures must provide for the maintenance of effective communication with supervisors at all times, observance of employees for symptoms of heat illness, procedures for calling for emergency medical services, reminders for employees to drink water, pre-shift meetings to review heat procedures and the encouragement of employees to drink plenty of water and take preventative cool-down rest as needed.

Agricultural employers must additionally ensure employees take, at a minimum, one 10-minute preventative cool-down rest period every two hours in periods of high heat.

Allow for acclimatization

New employees or those newly assigned to a high heat area must be closely observed for the first 14 days of their assignment. All employees must be observed for signs of heat illness during heat waves. A “heat wave” is any day where the temperature predicted is at least 80 degrees and 10 degrees higher than the average high daily temperature the preceding 5 days.

Train all employees regarding heat illness prevention

Employees must be trained regarding the risk factors of heat illness and the employers’ procedures and obligations for complying with the Cal/OSHA requirements for heat illness prevention. Supervisors must additionally be trained regarding their obligations under the heat illness prevention plan and how to monitor weather reports and how to respond to heat warnings.

Have emergency response procedures

Employers must have sufficient emergency response procedures to ensure employees exhibiting signs of heat illness are monitored and emergency medical services are called if necessary.

Have a Heat Illness Prevention Plan

Employers must have a written heat illness prevention plan that includes, at a minimum, the procedures for access to shade and water, high heat procedures, emergency response procedures, and acclimatization methods and procedures.

For your reference, linked is a sample of a Heat Illness Prevention Plan.

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

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Kate

The Californian 2019 Q1 – SAFETY & THE IMPORTANCE OF ACCIDENT INVESTIGATIONS

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SAFETY & THE IMPORTANCE OF ACCIDENT INVESTIGATIONS

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

At the beginning of each year, I always reflect back on the prior year to see where I could have improved and identify which area of the operations need the most attention. In doing so, safety always comes to mind, because it involves all operations and has a significant effect on the overall efficiency and productivity on the business of my clients. Safety is a process that always needs to be updated and modified to maintain a safe workplace for your employees and others. This reminded me of accident investigations and how important they are in the safety process.

All accidents should be investigated and it’s for one simple reason, to stop them from happening again. This may sound quite basic but let’s put it into reality, the main purpose of an investigation is to identify the causation factors and then identify any preventative or corrective action to prevent reoccurrence.

There are many other reasons for investigating accidents including legal litigation, insurance claims, workers compensation, company reputation and sometimes contractual requirements.

Please understand and remember that any investigation has certain deliverables and expected outcomes. This is why we need to continually assess and evaluate safety policies and procedures throughout the investigation, so that we can proceed down the appropriate path.

To refresh your memory, the following are the basic stages in an accident investigation:

STAGES IN AN INVESTIGATION

  • OBTAIN FACTS
  • DETERMINE THE CAUSES
  • DETERMINE THE CHANGES NEEDED
  • RECORD THE FINDINGS
  • COMMUNICATE THE FINDINGS
  • REVIEW ACTION

 

OBTAIN THE FACTS

Establishing what is relevant and what is not can be time

consuming. However, this information can be obtained by:

  • Inspecting the immediate scene and equipment
  • Interviewing the person directly involved with the accident
  • Interviewing witnesses to the accident
  • Reviewing procedures and training

 

Inspecting the immediate scene and equipment:

The accident scene should be inspected as soon as possible

after the accident. Particular attention should be given to

the following to see if any of them had a bearing on the

accident potential:

 

  • Positions of people
  • Any personal protective equipment
  • Tools and equipment
  • Orderliness/tidiness
  • Procedures

Wherever appropriate, photographs and/or sketches should be

taken of the scene. This is of particular importance where

there is a likelihood of the scene being disturbed – e.g. to

make the area safe.

 

Interviewing:

Ideally this should be done in familiar surroundings so as

not to make the person being interviewed feel uncomfortable.

If the person is not too seriously injured, then the accident

site is ideal as the person can explain what happened.

Remember this should be an interview to determine the facts

not an interrogation. Witnesses should be interviewed one at

a time.

 

Reviewing procedures and training:

The work procedures set out in appropriate guidance and any

risk assessments should examined to see if they existed and

were adequate, if they we were understood and followed.

It is also important to establish:

 

  • Any training received relevant to the accident
  • Any past incidents/accidents
  • Any risk assessments in relation to that particular

activity to see if any weaknesses have been previously identified.

 

Determine the causes:

After all the facts have been ascertained the causes can be

examined.

 

Obvious causes: The obvious causes are easy to find.

They are brought about by an unsafe act or condition. Unsafe

acts usually stem from poor safety attitudes and indicate a

lack of proper training or information.

 

Root Causes: These are personal or job factors that are

brought about by failures in organization and the

management’s safety program. This can include factors such

as;

  • Lack of supervision or discipline
  • Lack of training
  • Lack of management awareness

Determine what changes are needed

The purpose the investigation is to prevent a reoccurrence.

To do this some practical measures must be recommended and

carried out that will demonstrate a commitment to reduce

this identified risk. The remedial action may be short and

/or long term and may involve changes to the physical

environment – e.g. putting in place new guarding on

machinery – and/or procedural changes – ensuring an adequate

training program.

 

Record findings

The findings of every accident investigation must be

recorded in a systematic way to enable the report to be read

by the appropriate people who are responsible for reviewing

and implementing necessary changes. It also provides a

historical record of the accident that may be useful in the

future.

 

Communicate findings

Good communication is a very important part of the safety

effort. Information of an accident and remedial actions

should be passed to all relevant staff who may encounter

similar incidents.

 

Review action

Where action has been implemented as a means of reducing the

risk of an accident reoccurring, those actions must be

periodically reviewed to ensure that they remain

appropriate.

 

I have included a Sample Accident Investigation Form for your review. There are many different types of investigation forms available.

Please feel free to call me if you have any questions and have a great 2019!

Click here to view a Sample Accident Investigation Form

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

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Kate

THE CALIFORNIAN 2018 Q4 – ACTIVE SHOOTER INCIDENTS: HOW SECURITY OFFICERS ARE HELD LIABLE

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ACTIVE SHOOTER INCIDENTS: HOW SECURITY OFFICERS ARE HELD LIABLE

Tory Brownyard, President, Brownyard Group

The sheer volume of active assailant incidents in 2017 and 2018 has left many observers feeling the prognosis is grim for halting these incidents. Yet the security industry has remained a practical and hopeful voice in response, as experts seek to address the threat head-on with strategies and practices for access control, de-escalation and timely reporting.

However, one critical element is sometimes left out of these discussions: reducing potential liabilities. In the aftermath of active shooter incidents, as we all search for a cause, sometimes security is held up as the party at fault. Even if an officer behaves professionally, they may be held liable—whether it’s a verdict in the courtroom or the perception of those who read or view it in the media.

It may seem self-serving to focus on mitigating the risks associated with protection. I know security professionals want to focus on protecting the people and businesses they have been hired to serve. Yet they can’t do that job if they do not protect themselves as well.

Clients have high expectations for security officers. In fact, they sometimes expect security contracts to guarantee total safety and security, which no firm can promise. From an insurance perspective, I recommend firms seek to include indemnification clauses in their contracts, which transfer risk from the security professionals to the people who contract them, essentially holding the security professionals harmless. Similarly, contracts may include force majeure clauses, which remove liability in the case of an unforeseeable or extraordinary incident.

However, the reality is that contracts do not always include this language. When they do, the incidents that are covered by either clause can be up for debate. When that is combined with the very real and valid trust clients put in security professionals, it can result in litigation. These lawsuits may include allegations of negligent security, failure to protect or failure to anticipate foreseeable violence.

During litigation, attorneys sometimes raise the issue of poorly designed or improperly followed policies and procedures. For example, some businesses have a “zero tolerance policy” for workplace violence. This is communicated to security officers with little indication of how this impacts their post orders or how they should respond in specific situations. Instead, post orders communicated in contracts should create clear expectations for officers and, ideally, be developed in conjunction with security experts.

Clear policies and procedures not only protect everyone during an active shooter incident, but also can help security professionals defend themselves in the event of a lawsuit. A customized active shooter response plan—that details a security officer’s role—is a critical tool for reducing losses during a tragic incident.

It should also be emphasized that training supports post orders, policies, procedures and response plans, both for officers and for the people they are protecting. Without effective training, neither party will be able to execute even the most carefully designed plans.

Yet how do you plan when clients do not fully grasp their exposures and security flaws? Planning without a security assessment puts security professionals in a difficult position as they are asked to execute policies and procedures that they do not agree offer the best protection. Even if a client declines, offering a security assessment—and doing so in writing—allows the client to consider the option for the future and demonstrates the security firm was diligent in attempting to fulfill their obligations to the client.

I am sure security professionals would prefer to focus on their area of expertise—protection—not the threat of lawsuits. But taking a proactive approach to managing active shooter risks and attending to potential sources of liability can free officers to focus on what they do best.

 

Tory Brownyard, CPCU, is president of Brownyard Group (www.brownyard.com), an insurance program administrator with specialty programs for select industry groups. In addition to his responsibilities as President, he currently spearheads the Brownguard security guard insurance program. For more information, contact him at TBrownyard@brownyard.com.

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Kate

THE CALIFORNIAN 2018 Q3 – SECURE BEHIND THE WHEEL: DECIDING TO PREVENT DISTRACTED DRIVING

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SECURE BEHIND THE WHEEL: DECIDING TO PREVENT DISTRACTED DRIVING

Tory Brownyard, President, Brownyard Group

 

From public health officials to your insurance agent to the local police department, everyone wants to talk about distracted driving these days. We all know the basic facts: Distracted driving is common—and some experts (such as the National Safety Council) believe distracted driving is underreported as a cause of accidents.

 

Getting distracted from the task of driving leads to crashes, injuries and worse. According to the National Highway Safety Administration, 3,450 people died nationwide in 2016 as a result of distracted driving. Plus, distracted driving is often against the law—in California, thanks to AB 1785, it is illegal to drive with a cell phone in your hand.

 

Preventing unsafe driving of all kinds comes down to decisions: whom security firms decide to hire, the decisions that security officers make on the road and how the company decides to respond to accidents. If you are responsible for hiring or managing security officers with driving responsibilities, you can put in place systems to support better driving decisions.

 

  1. Understand what falls under the umbrella of distracted driving

The term “distracted driving” is often using to mean driving while using a cell phone. Yet “distracted driving” refers to any type of driving during which the driver is not attending to the road. Eating and smoking are distractions, as are GPS devices and radios. Texting while driving is particularly dangerous, because it takes our hands, eyes and minds off the wheel.

 

  1. Develop enforceable and clear driving policies

Most companies have some version of a cell phone ban for employees who drive. But a distracted or safe driving policy needs to outline clear, distinct and enforceable policies for employees.

 

Questions a policy can answer include:

  • What should employees do instead of using their cell phones when driving?
  • What are the consequences for dangerous driving behaviors?
  • Are there systems for monitoring employees’ driving behavior, such as dashcams and telematics?
  • What happens after an employee gets in an accident?

 

These policies can be supported by regular road tests and ride-alongs that help detect signs of trouble among drivers while giving managers an opportunity to review policies in context. In order to ensure a policy is enforceable, it should be developed in conjunction with human resources and legal counsel.

 

  1. Make informed hiring decisions

Some businesses “hire the problem”—that is, they hire unsafe drivers for positions that require driving. Checking motor vehicle records (MVRs) is as important as a criminal background check for officers who drive; those responsible for hiring should review a candidate’s MVRs for every state in which he or she has had a driver’s license. MVR red flags include frequent violations like speeding or citations for driving under the influence (DUI). Past violations may indicate future behavior.

 

It also may help to consider the candidate’s skill and experience driving, such as training in defensive driving. Alternately, consider whether or not he or she has a health condition that does not permit operating a vehicle for long periods of time.

 

Finally, it may help to ask yourself whom you would hire if you did not have insurance. That is, who has the sort of driver profile that would make you feel safe enough to put them behind the wheel with little safety net? The public expects businesses to carefully screen employees like security officers. Hiring an unsafe driver could not only result in an accident and insurance claim, but damage your reputation.

 

  1. Use technology to your advantage

Modern technology is not always the villain on modern roadways. It can be used to reduce distractions on the road, too. Telematics devices are more and more common and can be used, in conjunction with GPS technology, to monitor behaviors like braking, speeding and seatbelt use as well as the location of a company vehicle. Plus, products like Cell Control allow employers to block the use of cell phones in company vehicles.

 

Of all the challenges and risks a security officer can face on a daily basis, driving may seem minor. After all, many of us drive several hours a week just to run routine errands. But just because driving—and, sadly, distracted driving—is commonplace does not mean it is safe. Making the decision to commit to safe driving protects officers and the communities that trust them.

 

Distracted driving has been such a frequent topic of conversation that we developed a risk management brief on the issue. If you would like more information on the consequences of unsafe driving and how employers can prevent it, visit this link to download “Driving on the Edge: Why We Must Act Now to End Dangerous and Distracted Driving”: http://brownyard.com/distracted-driving/

 

Tory Brownyard, CPCU, is president of Brownyard Group (www.brownyard.com), an insurance program administrator with specialty programs for select industry groups. In addition to his responsibilities as President, he currently spearheads the Brownguard security guard insurance program. For more information, contact him at TBrownyard@brownyard.com.

 

 

 

 

[Sources:

https://www.nhtsa.gov/risky-driving/distracted-driving

https://www.nsc.org/road-safety/safety-topics/distracted-driving

https://www.ots.ca.gov/Media_and_Research/Campaigns/Distracted_Driving/default.asp ]

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