Hello All!

Here’s a short video from Travelers Insurance highlighting their CyberRisk coverage. Almost every day we hear about companies big and small dealing with the financial impact, losses and/or litigation caused by a security/sensitive data breach. A recent article found at www.businessinsurance.com states that a survey by NetDiligence finds “Average cost of data breach $2.4 million”.

This short video segment below touches on why this type of coverage has become so important to every business owner.

Thanks for checking in!
-Michael

Article by Mike Dishberger, Sandcastle Homes

“Green” building is here to stay. Over the last decade, the business of “green” crossed-over into the building industry. “Green” is the new buzzword in construction and is consistently stealing the limelight and getting publicity on television and in print.

The GHBA is offering a voluntary green program, Green Built Gulf Coast (GBGC). The program is a recognized adopting entity of the ICC 700- the National Green Building Standard, the only ANSI approved green building program.

To date, there are over 30 builders participating in GBGC and over 1300 homes certified. These builders are using GBGC to enhance their competitive edge in the market and to appeal to those forward thinking consumers concerned about the future resale value of their home.

The GBGC program offers an affordable means of certifying a home as green.  Other programs can cost upwards of $250 in yearly fees and $350 or more per project.  GBGC costs $50-100 a year to participate and $25-50 for each home certification.

GBGC also has opportunities available for developers, remodelers and associates. To find out more about the GBGC program, visit www.GreenBuiltGulfCoast.org.

Millions of teenagers will be exposed to the same workplace safety hazards as their adult counterparts, but they may be more likely to get injured.

Young workers are likely to be inexperienced, under-trained, physically immature, and eager to please. Consequently, they may take on tasks they are not comfortable with or fail to recognize safety hazards. They may also perform tasks without regard for proper safety procedures or freeze up in emergency situations.

On top of all that, they may be afraid to ask questions.

So how do you help keep your young workers safe? Acknowledging that they pose unique challenges with regard to workplace safety is a good place to start. Texas Mutual^® loss prevention consultants recommend five tips to help make your young workers’  jobs a positive experience for you and them.

1. Know the law
The Occupational Safety and Health Act requires employers to provide safe, healthy work environments for all employees. The Fair Labor Standards Act has provisions that apply to youth labor, and the Texas Child Labor Law specifically protects young Texas workers. These laws govern such things as how many hours youths can work, what industries they can work in, what tasks they can perform, and what equipment they can use.

Learn the regulations, and comply with them. If you do not, you may be subject to fines or legal action. When federal and state laws conflict, the law that provides the most protection for the worker applies.

2. Train young workers
During their first day on the job, train young workers to use personal protective equipment, follow safe work procedures, and use the safety features on machines. Give them instructions that are specific to the tasks they will perform. Ask them to repeat the instructions, show them how to do each task, watch them do it, correct mistakes, and ask them if they have any questions. Don’t let them start work until they show you that they can do their jobs safely.

Don’t stop there, though. Make sure someone supervises young workers whenever possible, and avoid letting them work alone. Periodically watch them do their jobs to make sure they take the training to heart.

3. Adopt behavior-based safety
Behavior-based safety focuses on changing the unsafe behaviors that contribute to workplace accidents. If you introduce young workers to your company’s behavior-based safety process now, you can help instill safe work behaviors that will serve them well through their entire working lifetimes.

Behavior-based safety encourages employees to watch out for each other’s safety. If possible, match young workers with front-line supervisors or experienced co-workers who can answer their questions about job tasks and safe work procedures.

4. Prepare teens for the unexpected
Every worker should know how to respond to on-the-job emergencies. Provide First Aid training, show them where to find First Aid kits and other emergency supplies, tell them whom to contact for help during emergencies, and teach them the importance of remaining calm.

Make sure they understand how to report an emergency to a 9-1-1 dispatcher. Tell them to give the location (including the street address and nearby intersection, if possible), their name, the phone number they’re calling from, a description of what happened, a description of the victim’s condition, and any medical alert information on the victim. Remind them to stay on the line until the dispatcher tells them it’s okay to hang up and always to follow the dispatcher’s directions.

5. Be approachable
Perhaps the easiest thing you can do to help keep your young workers safe is be approachable. Think back to your first job. Were you nervous? Intimidated? Eager to make a good impression?

Your young workers feel the same way. Make sure they feel comfortable asking questions and reporting unsafe conditions. Open communication is a crucial part of any workplace safety program.

Article by David Wylie and Loss Prevention Consultant Susan Larison, Texas Mutual Insurance Company.

During the 15^th Annual Workplace Safety Conference, making safety a universal language was discussed, in which the United States and Mexico were the main focus.  The presentation illustrated that while working alongside another individual, it’s critical to consider the language and cultural barriers that exist.  Furthermore, multiple tips were provided in order to help employees bridge the cultural divide in the workplace as well as seven steps to mentoring new employees. Click here to view the presentation: Making Safety a Universal Language for Employees.

In most ways, Chad Hennings was no different than anyone else in the working world. Every day he reported to work was another day he could have been injured on the job.

Hennings’ occupation is what set him apart, forcing Texas courts to re-evaluate a piece of the workers’ comp law that has stood since 1991.

Hennings made a living tackling quarterbacks in the National Football League. He retired in 2001 after injuring his spine. Concerned he would need ongoing medical treatment, he filed a workers’ compensation claim.

Hennings’ claim played out in court for the better part of the decade. At issue was whether the benefits provided by his football contract made him ineligible for workers’ compensation benefits. Ultimately, the 10th Court of Appeals in Waco decided that Hennings was entitled to 15 weeks of disability benefits.

Most claims are not as complicated as Hennings’. Texas Mutual evaluates each claim individually.

Generally, a claim is compensable if the injury happened during the course and scope of employment. For example, a construction worker could smash his thumb while hammering a nail.

For a definition of course and scope, see the Texas Labor Code, Sec. 401.011 (12). As with most rules, there are exceptions to the course and scope rule. Again, state law provides direction.

Under the Texas Labor Code Sec. 406.032, insurance carriers may dispute compensability in the following situations.

Intoxication

If the employee was intoxicated at the time of injury, the claim may not be compensable, even if the employee’s intoxication was not the cause of the injury.

The law assumes that the employee had the normal use of his mental and physical faculties. If the insurance carrier can provide evidence of intoxication, the burden of proof shifts to the employee to show that he was not intoxicated at the time of his injury.

That is why Texas Mutual recommends that employers send employees for drug and alcohol tests as soon as possible after an injury. Consult an attorney before you launch a drug testing program to make sure you comply with the law.

Willful intent

Willful intent injuries happen when an employee intentionally injures himself or a co-worker.

Act of a third party

Act of third party injuries happen when someone injures one of your employees for personal reasons unrelated to their employment.

Off-duty activities

If an employee is injured during an off-duty recreational, social or athletic activity, the injury is probably not compensable. The law might make an exception if the employer required the employee to participate in the activity.

Acts of God

Acts of God include tornadoes, lightning and other forces of nature. Injuries caused by acts of God are usually not compensable unless the employee’s job duties put him or her at higher risk than the general public.

Horseplay

Sometimes, employees play pranks, practical jokes or engage in other horseplay. If they get injured in the process, their claims are probably not compensable.

Disputing compensability

Texas Mutual adjusters conduct thorough accident investigations and strictly follow the law to determine whether an injury is compensable. If we decide to pay a claim and you disagree, the law allows you to dispute our decision.

Call the adjuster assigned to the claim, and explain why you think the injury is not compensable. If we disagree, you may file a dispute with the Texas Department of Insurance, Division of Workers’ Compensation (DWC).

Start by submitting DWC Form-4, Employer’s Contest of Compensability, as soon as possible. The form is available in the Employer Forms section at texasmutual.com.

From there, the dispute enters the administrative phase. You may be asked to attend a Benefit Review Conference, Contested Case Hearing or another form of mediation. It is important that you show up and present your side of the dispute.

You can visit the Employers section at texasmutual.com to learn how to respond to injuries, monitor the status of your claims, control your claim costs and help injured workers get the prescriptions they need.

Article by David Wylie, Texas Mutual Insurance Company.

The economy is in recovery mode, and more companies are celebrating improved profits. Texas Mutual is doing some celebrating of its own, but our motivation is slightly different.

Reward Loyal Customers with Dividends

In late July, the company began distributing $155 million in individual policyholder dividends. Dividends reward loyal customers who share our commitment to preventing workplace accidents and minimizing their consequences.

So, while other companies are giddy over how much money they’re bringing in, your workers’ compensation carrier is thrilled at how much it is paying out to customers.

“As a mutual insurance company, Texas Mutual is not publicly traded, and it does not answer to stockholders,” said Bob Barnes, chairman of Texas Mutual’s board of directors. “Our policyholders – the Texas entrepreneurs who put their trust in us every day – own the company. When Texas Mutual enjoys financial success, it has a solid history of sharing with those who have contributed to that success.”

In 1999, Texas Mutual celebrated its first dividend: $25 million. Over the years, that number has grown to reflect the company’s strong financial position, as well as policyholders’ success at keeping employees safe and on the job.

By the end of the year, Texas Mutual will have paid more than $1 billion in dividends since 2000. The money has gone directly into our state’s economy, helping entrepreneurs improve their safety programs, buy new equipment, build new offices and hire quality employees.

“Money’s a big motivator,” said David Castro of Orion Drilling. “We can certainly free that money up to be used in a variety of different ways. We’ve reinvested in the company through employee safety training, buying new equipment and sustaining our zero-accident culture.”

Orion Drilling has earned seven consecutive dividends from Texas Mutual. Still, Castro knows that dividends are not guaranteed. They are a byproduct of everything Orion does to promote safety among its employees and get them back on the team if they get injured. To see why, you have to understand a few nuts and bolts of the dividend qualifying process.

Your dividend is based largely on your loss ratio. Your loss ratio, in layman’s terms, is based on your claim loss history. The best way to control your claim loss history is to prevent accidents from happening. The second best way is to help injured workers return to productive employment.

Take Safety Measures into Your Own Hands

Texas Mutual encourages policyholders to take advantage of the free Safety Resource Center at texasmutual.com. The site empowers you to evaluate your safety program and identify the root causes of your workplace accidents. From there, you can access streaming videos, DVDs and other free resources that meet your needs.

So far this year, policyholders have taken nearly 300 safety assessments, downloaded safety materials 21,000 times, watched streaming videos nearly 8,500 times and ordered materials 700 times.

“Texas Mutual is fortunate to have 50,000 owners who share its vision of a safer, more productive state,” said Ron Wright, Texas Mutual president. “Our policyholders have invested in their safety programs and supported injured workers during their recoveries. I hope this return on their investments will keep their businesses strong far into the future.”

Reduce Costs and Remain Competitive

When accidents do happen, a return-to-work program will help you get your injured workers well and back on the job. The return-to-work process thrives on communication among you, your injured workers, their doctors and Texas Mutual. Visit the Safety section at texasmutual.com for a free, downloadable Return-to-Work Kit.

In addition to safety and claim management, Texas Mutual’s dividend program rewards customer loyalty. Under the retention component of our dividend program, your dividend has the potential to increase each year through your fifth year with us.

Milberger Landscape and Nursery’s Experience 

That’s exactly what happened to Milberger Landscape and Nursery in San Antonio. The company earned its first dividend check in 2005. By 2010, its dividend had increased nearly 50 percent, thanks largely to the retention component.

“You gotta love it when you get money back,” said Butch Jouffray, general manager of Milberger. “This industry is competitive. It’s gotten even more competitive the past couple of years. Dividends help us keep our costs down, which keeps us competitive.”

In 2005, Milberger’s agent placed the company in the Texas Green Industry (TGI) safety group. Safety groups allow employers in similar industries to purchase their workers’ comp coverage as a group.

Milberger Landscape has earned additional dividends by participating in TGI. The company also gets premium discounts, and it has access to industry-specific workplace safety resources.

Contact Texas Mutual

Texas Mutual offers 28 safety groups representing a range of industries, including oil and gas, health care, construction and restaurants. For more information, ask your agent, or visit texasmutual.com.

The next phase of the dividend program will happen in November, when we distribute early-qualifier dividends among qualifying new policyholders.

If you have questions about dividends, Texas Mutual encourages you to contact your agent. You can also call our information service center at (800) 859-5995.

Article by David Wylie, Texas Mutual Insurance Company.

Construction businesses, landscape contractors and various other businesses consume large quantities of fuel in day-to-day operations. To stay profitable, these business owners need to have a fairly accurate idea as to what their costs are for estimating jobs. As many construction projects go on for months or even years, it becomes increasingly difficult to estimate and control these fluctuating costs.

To make matters even more difficult, we have recently seen a dramatic upswing in fuel prices due to growing demand, supply disruptions and natural disasters. Crude oil prices have doubled in the past year and in late February of this year, we experienced the second largest one-week increase in gas prices since 1990. With these dramatic price fluctuations, fuel price volatility is a growing concern for businesses that consume large quantities of fuel.

According to a recent survey from Pricelock®, a company that gives companies large and small the ability to hedge fuel costs, “an overwhelming 99 percent of respondents are concerned about fuel prices this year, with the majority (65 percent) forced to directly absorb any fuel price increases. Only 16 percent are able to pass on higher fuel costs by raising prices. The online survey had 451 participants and the respondents included executives, fleet managers, directors and other industry professionals associated with small, mid-size and large fleets.”

Read more about managing fuel costs in this article at www.constructionbusinessowner.com

The following article, written by Angela Gardner of Texas Mutual® Insurance Company, offers some great tips on restaurant safety! Angela is the Texas Mutual Insurance Loss Prevention Specialist to the Texas Restaurant Association purchasing group. Austin-based Texas Mutual Insurance Company is the leading provider of workers’ compensation insurance in Texas.

Thanks Angela and Texas Mutual for sharing this great content with our readers!

Serving Up Restaurant Safety
By Angela Gardner

Restaurateurs focus on customer satisfaction, which includes delivering great food and service, but there are many moving parts behind the scenes that are just as important as the food being served. Restaurant supervisors and managers have a responsibility to their employees—including chefs, food runners, bartenders, wait staff, and hosts and hostesses—to keep them safe in the workplace.

According to the National Restaurant Association, restaurants employ nearly 13 million people. Such a large number of employees means a higher potential for accidents. Each restaurant has a team of people working to provide guests the best experience possible. This expectation is dependent on staff safety and welfare. If safety procedures are not practiced, it may affect the entire restaurant and provide some unwanted customer experiences.
Below are some safety guidelines supervisors and managers can follow to best serve their staff, whose main job is to provide great service to others.

Staff Safety Mirrors Customer Safety

• Provide warnings of slippery floors, including areas that have been recently cleaned. Customers often see wet-floor caution signs in the entryway or by the restrooms, but these signs are just as important in the back of the house. In the flurry of kitchen activity, drinks spill, ice overflows and slippery sauces end up on the floor. Spills must be mopped up immediately and caution signs placed to warn servers to take extra care.  In those areas where slippery floors are a constant occurrence, non-slip mats or other surfaces may be justified.
• Educate staff on proper lifting techniques and procedures, as heavy lifting can cause serious back injuries. Provide carts and dollies, and encourage employees to ask for help with heavy items. Store heavy inventory on bottom shelves and make sure shelving is secure. Break inventory into smaller sizes to make it more manageable. Control tray weights and keep plates flat on tray surfaces. Use carts to deliver food when possible.
• Remind servers and kitchen staff to be mindful of hazards associated with food and drink preparation. Chefs and wait staff are constantly working with sharp tools or open flames related to serving and cooking the food. Educate them on proper knife handling, broken glass disposal procedures and potential fire hazards—both how to prevent and extinguish fires.
• Encourage staff to take extra caution when handling hot plates. Many restaurants pride themselves on serving food quickly, but that can mean delivering food on hot plates straight from the kitchen window. Servers often warn customers to take caution as they place plates on the table, but they need to be just as wary of their own safety. Provide staff with arm sleeves, additional napkins or a serving cloth for hot food plates.

Enforce Uniforms for Safety, Not Just Presentation

• Make sure each uniform suits the employee’s particular job. Have a routine uniform check before every shift change to not only ensure presentation compliance, but for safety as well.
• Make sure chefs do not have extra-long or baggy sleeves, especially when they are working with open flames. Yes, the uniform should be comfortable, but it needs to be fitted enough so it does not interfere with food preparation.
• Ensure longer hair is pulled back—this is not only a safety practice to protect customers, but will help prevent hair from dangling in open flames or becoming tangled in moving appliances.
• Check shoes of food runners and servers. Encourage employees to purchase shoes that will offer the most back support since most of their work time is spent on their feet while carrying heavy trays. Make sure shoes also have good traction. As previously mentioned, food and beverage spills happen quite frequently in restaurants, and it is important to be as preventive as possible when dealing with slippery areas.

Continuous Training is the Key

A constant reminder of these practices is necessary to run a successful business. Reiteration of even common safety practices will help prevent on-the-job accidents. Check in often with employees to make sure they are happy, knowledgeable and comfortable in this environment.

• Be mindful of temporary and seasonal workers. Managers may find themselves working with familiar people, but on a rotating basis. Whether an employee works during school semesters or semester breaks, or perhaps between jobs, employers must be aware of the safety education of temporary workers. These workers may not be completely focused on their job if they know there’s impending leave. Distraction is often the cause of workplace accidents, and education is the main prevention for it.
• Be mindful of the high concentration of young workers in restaurants. Restaurant jobs are appealing to teenagers, who may be in the front of the house as hosts or hostesses, or start off as food runners to gain wait staff experience. Whether it’s attributed to plentiful job opportunities or flexible hours, managers often find themselves working with first-time jobholders—and there is no greater need for safety education training than with a less experienced worker. Take extra time to train them, and make sure they understand the priority of workplace safety.

The most important tip to take away from all of this advice is to always communicate with the staff. Keep the lines of communication open between employer and employee, encourage them to ask questions, and be available to hear their concerns. The smoother the operation runs in the back of the house, the smoother it will run in front.

It is important to make sure you have the right coverage in place BEFORE a named storm enters the Gulf. As storms and hurricanes develop, different insurance companies restrict and prohibit binding at different times and in different ways. For this reason, coverage cannot be considered bound until written confirmation is received by the insurance company even if a quote has been presented by our agency – and even if payment has been received.

Why is windstorm insurance important?

• Windstorm policies cannot become effective after a hurricane enters the Gulf, as defined by the Texas Windstorm Insurance Association, until the TWIA determines that the storm no longer threatens property within the designated area.

• A review and update of your current property values and business income limits takes minutes and can help protect you should a costly storm catch you off guard.

Why is flood insurance important?

• 27% of Households believe flood is covered by their homeowners of renters policy. Flood damage is not covered by homeowners insurance.

• 1 in 4 flood losses paid under the NFIP (National Flood Insurance Program) are for properties in low to moderate risk areas — affecting people who were probably least concerned about flooding.

It may be wise to obtain flood insurance even if your property is not in a flood prone zone!

If you have any questions at all about your coverage please call your agent for a comprehensive review of your storm & flood coverage. We’re ready and willing to answer your questions and help you make sure you’ve got the correct coverage to face potential threats.

For information on how to create an emergency plan for your home and business, visit the American Red Cross at www.redcross.org. Click here to view a hurricane safety checklist from redcross.org.

Have a great Day!