Category Archives: Insurance

by | April 28, 2010 · 5:42 am

Hospitality Industry Safety Training: Hotel And Restaurant Owners Must Provide Training “Tailored To The Employees’ Language And Education”

“If the employees receive job instructions in a language other than English, then training and information … will also need to be conducted in a foreign language.”

In a 1999 letter of interpretation OSHA states “instruction … must be tailored to the employees’ language and education …”

(From a ReliablePlant.com article)   There is no single OSHArule for training – employee trainingis a requirement in several different OSHA standards. In a recent speech, Secretary of Labor Hilda Solis announced a number of new worker training initiatives that will be implemented by OSHA.

According to Solis, OSHA currently requires that training provisions under its standards be provided in a language or a form that the workers can understand. The agency further requires that its compliance officers verify that workers have received the training required by OSHA standards.

However, effective April 28th, OSHA compliance officers will check not only that the training has been provided, but that it was provided in a format that the workers being trained can understand.

This new effort stems from an incident in which a worker was crushed to death in a machine she was cleaning. She had not been trained on how to clean the machinery safely and had not been given the manual to read because the employer stated that the employee could not speak or read English.

“This defies logic and is reprehensible!” stated Solis.

http://www.reliableplant.com/Read/24253/OSHA-focus-training-compliance

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by | April 27, 2010 · 6:47 am

Hotel Swimming Pool Water Health Risks: Maintaining Pool Equipment And Water Quality, Including Cleaning Pool Decks Daily, Can Help Reduce Health Hazards

Swimming pool water care involves you cleaning your pool deck and walkways at least once a day. This will help in keeping contaminants from entering into your pool or spa water. Additionally, maintaining good water quality and eliminating non-enteric waterborne illnesses, require daily swimming pool cleaning.

(From a Swimming-Pool-Care.com article)   Some waterborne illnesses are caused by non-enteric pathogens. These pathogens can be found in poorly maintained swimming pools and spas. Because of these potential health hazards, your swimming pool equipment and your water quality, should be checked constantly. This is a daily requirement.Non-enteric pathogens that are usually found in poorly maintained swimming pools include:

  • Pseudomonas aeruginosa. This is an opportunistic pathogen that causes infection of the respiratory system. It can also cause dermatitis and infections of the soft tissues in the body.Pseudomonas pathogens are usually found in a biofilm environment. Biofilm is normally found in the circulation system of your swimming pools and spas. This pathogen can tolerate a variety of physical conditions and it is highly resistant to antibiotics. 

Symptoms that are associated with pseudomonas aeruginosa!

Symptoms for this particular form of waterborne illnesses that are found in pools, are as follows:

  • Itchy skin. 
  • Bumpy rashes that are tender to the touch and appear reddish in color. 
  • Puss filled blisters that usually form around your hair follicles. The reason for this, is due to the fact that infection of pseudomonas usually forms in the hair follicles.

Other non-enteric pathogens that are found in pools and spas!

When the circulation system for your swimming pools and spas are poorly maintained, non-enteric pathogens are developed. These include:

  • Mycobacterium spp. 
  • Staphylococius aureus. 
  • Leptospira interrogans. 
  • Trichophyton spp. 
  • Epidmerophyton floccosum. this pathogen usually is the cause for dermic or respiratory infections. 
  • Acanthamoeba spp. 
  • Human papilloma virus. 
  • Legionella pneumophila. This particular type of waterborne illness, is commonly referred to as legionellosis or legionnaires disease. This is a severe case of pneumonia. Sadly this bacteria exist in poorly maintained spas and is transmitted through the mist that is common with this type of environment.Legionella pneumophila cause two different types of diseases. The first is called legionnaires disease, as was mentioned earlier. This my friend is the more severe form of the waterborne illnesses. The next stage of this infection, is called pontiac fever. Fortunately for us, this is the more milder side of the disease.Proper disinfectant levels in your spa, along with frequent maintenance of your filter, are critical steps necessary to control these bacteria. 
  • Molluscipox virus. This is a virus that causes molluscum contogiosum. Molluscum contogiosum is a common skin infection that is not serious. It will clear up on its own, without any form of treatment. Nevertheless the condition could take up to several months before it clears but there are no long term effects it. 
  • Verrucas. This infection, is commonly known as plantar warts. Waterborne illnesses of this type are usually acquired through direct contact with pool decks and locker room floors which have been contaminated. Contamination of these surfaces, are usually caused by skin fragments that are the cause of the infections.The skin fragments which are shed by other users, are normally infected with causative papliomavirus. Ordinarily, preventing plantar warts is achieved through regular cleaning and maintenance of your swimming pool decks and locker room floors. 
  • Athlete’s foot. This is a ringworm infection that is caused by dermatophyte fungi. A very itchy scale between the toes is indication of this infection. Athlete’s foot is contracted in the same manner as plantar warts.Infections is again from infected skin fragments that have the dermatophyte fungi. Individuals with severe cases of this condition, should not be allowed to use your recreational water facility. This will eliminate infection of other users. 

http://www.swimming-pool-care.com/waterborne-illnesses.html

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by | April 26, 2010 · 6:57 am

Hospitality Industry Pool Safety: Hotel Owners Must Comply With Federal Pool And Spa Safety Act Provisions

President George W. Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act on Dec. 18, 2007, which requires public pools and spas to be equipped with safety devices to prevent such accidents.

The drain covers are designed to prevent someone from covering the entire drain and becoming entrapped. Suction-limiting devices are installed in the pool’s plumbing system and cause the pool’s motor to shut off if pressure rises in the piping, as it does in the case of a blocked drain.


(From an RRStar.com article)  In June 2002, a 7-year-old Virginia Graeme Baker found herself trapped against a hot tub floor drain. She was held under water until she drowned.

The suction created by the hot tub motor was so strong it required two men to free her from the bottom of the pool.

President George W. Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act on Dec. 18, 2007, which requires public pools and spas to be equipped with safety devices to prevent such accidents.

After May 1, swimming pools and whirlpools that do not meet the new safety standards will not be permitted to operate. The law applies to pools operated by the Rockford Park District, the YMCA, the school districts and community centers — most of which are or soon will be in compliance.

The federal mandate is being enforced by the Consumer Product Safety Commission and the Illinois Department of Public Health, which regulates and renews licensing for swimming pools and whirlpool operations.

The law, named for the granddaughter of former Secretary of State James Baker, requires all pool drains to be equipped with anti-entanglement drain covers or suction-limiting devices.

http://www.rrstar.com/carousel/x1394807857/Rockford-area-pools-undergo-construction-to-comply-with-law

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by | April 24, 2010 · 5:51 am

Hospitality Industry Workplace Injuries: Over 4% Of California State Workers’ Comp Claims Filed For Hospitality Workers With Injuries Including Skin Wounds, Strains, And Other Injuries Leading To Over $1.1 Billion In Benefit Payments

The study detailed data on more than 137,000 claims filed by restaurant workers in California for work-related injuries that occurred from January 2000 through the end of 2008. Researchers said that more than 90 percent of the claims were filed by employees in restaurants and taverns. Workers employed in facilities such as wineries, country clubs and hotels were also included in the sample.

(From a RiskandInsurance.com article)   Total medical and indemnity benefit payments on these claims amounted to just under $1.1 billion. In addition to accounting for 4.1 percent of the state’s workers’ comp benefit payments, restaurant workers filed 6.1 percent of all California job injury claims.

Leading claims. The study found that the number one injury diagnosis for restaurant workers was minor wound/injury to the skin. Researchers said these injuries represented nearly one out of three restaurant claims, but only 4.4 percent of the loss payments because workers were treated quickly and returned to work with no lost time. On the other hand, medical back problems without spinal cord involvement — typically sprains and strains — made up less than one in five restaurant claims but carried a much higher average cost and consumed almost one-third of paid losses in this sector.

Rounding out the top five injury categories were shoulder, arm, knee and lower leg sprains (10.4 percent of the claims and 8.8 percent of paid losses); other injuries, poisonings and toxic effects (8.1 percent of the claims and 9.4 percent of the payments); and ruptured tendons, tendonitis, myositis and bursitis (3.8 percent of the claims and 6 percent of the payments). Researchers found that second- or third-degree burns represented 3.6 percent of the restaurant claims. However, burn injuries accounted for only 1.4 percent of the total dollars paid on restaurant claims (about five times the proportion found for all industries).

http://www.riskandinsurance.com/story.jsp?storyId=398239449

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by | April 23, 2010 · 5:45 am

Spa Pool Risks: Hopsitality Owners Should Be Aware Of Microorganisms Present In Spa Pools And Take Steps To Prevent Proliferation

 The risk potential of contact with pathogens through spa pool use has been exacerbated through the promotion of the therapeutic properties of spas. Spa treatments can provide suffers of muscular skeletal disorders, such as rheumatism, relief from pain. However, this has become confused with mineral spa treatments for general ailments. Consequently, many people suffering from common illnesses, such as influenza or digestion complaints, frequent leisure spa pools hoping to gain some relief from their symptoms. Unfortunately, such practice can introduce the bacteria into the Spa system and consequently increase the risk of infection for other bathers.

(From a NalcoEurope.com posting)   Spa pools are the third most common cause of legionnaires disease and are known to harbour other bacteria that can cause serious skin complaints and even blindness.

A commercial spa pool should be considered as any bath that consists of a self-contained body of water, which is recirculated, filtered, heated, and chemically treated but is not emptied and cleaned and refilled after each bather.

Due to the high water temperatures (30-40°C), availability of nutrients and convoluted design Spa pools are particularly prone to microorganism proliferation. Furthermore, due to the high level of contact between the bather’s skin and the spa surface, biofilms quickly form and so frequent cleaning is essential.

Continuous filtration to remove contaminants and the application of a disinfectant is imperative in order to ensure safe hygienic conditions.

Spa pools should not be considered as small swimming pools. Spa pools operate with much smaller volumes of water in relation to the number of bathers that use them. In addition, water temperatures are much higher as is aerosol generation and the general risk to bathers from the number of water borne pathogens.

The following table identifies the micro flora that are of particular concern in spas:

Bacteria Illness Description Other Detail
Shigella Diarrhoea, Fever, Nausea 1-3 day incubation, 4-7 day illness,
E Coli Diarrhoea, Vomiting, Fever 3-4 day incubation, & day illness
Giardia Gastroenteritis 7-12 day incubation, 7-10 day illness,
Cryptosporidium Diarrhoea, Vomiting, Fever, Cramps 7 day incubation, 10-14 day illness,
Legionella Flu Like Pneumonia Aerosols – SPA & HVAC
Pseudomonas Aeruginosa Follicultis – Swelling of Ear Canal Transmitted on Any Wet Surface
Mycobacterium spp Broken Skin Infections Bather Shed on Wet Surfaces
Mycobacterium. Avium Respiratory Illness – Flu Hypersensitivity pneumonitis Bather Shed.
Aerosol Transmission
Staphylococcus Aureus Skin, Wound, Eye & Ear Infections. Impetigo Bather Shed.
Leptospira Interrogans Weils Disease – Haemorrhagic Jaundice
Aseptic Meningitis		 10-20 day incubation, Pool Infected by Urine from Infected Humans and Animals

http://www.nalcoeurope.com/library/spa-pools-and-pathogen-risk-assessment.html

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by | April 22, 2010 · 6:29 am

Hospitality Industry Insurance: Directors And Officers Liability Insurance (D&O) Claims Rise Spurring Increase In Insurance Sales

“…agents report a slight uptick in D&O claims. Many believe these kinds of insurance claims will continue to increase, CAA reported…”

(From an InsuranceJournal.com article)   Austin, Texas-based Combined Agents of America LLC (CAA) members see a growing appetite among businesses and non-profits for directors and officers liability insurance (D&O), error and omissions insurance (E&O), and employment practices liability insurance (EPLI).

According to CAA, many of its 44 member agencies expect the growth to continue, and predict a rise in these kinds of claims because of the number of failing businesses in 2009 and the continuing layoffs.

“We have seen a rise in D&O and E&O. We used to quote it a lot, but not write it very often. Now, we write it most of the time when we quote it,” said CAA member Brent Borgstedte, CEO of GBS Insurance Agency of Bellaire, Texas.

CAA member Stephen Schmerbeck, president of Garrett Insurance Agency in Kerrville, Texas, said the renewal price for the professional liability products has remained stable.

Along with the increase in sales, agents report a slight uptick in D&O claims. Many believe these kinds of insurance claims will continue to increase, CAA reported.

http://www.insurancejournal.com/news/southcentral/2010/04/21/109183.htm

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by | April 21, 2010 · 7:08 am

Hospitality Industry Insurance: Health, Workers Comp And Liability Insurance Represent Fastest-Growing Expense For Hotel Operators

“….insurance is the fastest-growing expense for hotel operators in the country, according to an August report from PKF Hospitality Research, part of Los Angeles-based PKF Consulting…”

(From an InsuranceNewsNet.org article)   Though workers’ compensation insurance rates in California have fallen in the past year and a half, healthcare premiums continue to climb, the future of the Terrorism Risk Insurance Act is in question and property insurance is almost sure to increase after this year’s unprecedented hurricane season.

Last week, the California Medical Association released a report alleging workers’ comp insurers are interfering with and denying treatment to injured workers.

The group, which represents about 90,000 California doctors, suggested its members might have to cut back or discontinue treating injured workers because of reimbursement issues, raising the specter of a renewed battle over workers’ compensation.

http://www.insurancenewsnet.org/html/HealthInsurance/2010/0409/Property–Health-Insurance-Top-Hotel-Chain-Worries.html

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by | April 19, 2010 · 1:13 pm

Small Hotel And Hospitality Companies Can Qualify For Tax Credit Portion Of Health Insurance Bill

The tax credit’s value depends on a company’s size and average wage. Businesses with 25 full-time employees or more aren’t eligible for the credit. Neither are businesses that, on average, pay their employees more than $50,000 a year. The full value of the credit—35 percent of a company’s premium costs—is available only to businesses with 10 or fewer full-time employees and an average wage of $25,000 or less.

The full value of the credit increases to 50 percent in 2014, when small businesses and individuals will be eligible to purchase coverage through new state-based insurance exchanges. The tax credit could disappear after 2015, however. The law allows eligible small businesses to claim the credit from 2010 through 2013, and then for any two years after that.

(From a Portfolio.com article)   “…the owner of Hawthorne Auto Clinic in Portland, Oregon, expects to save $10,000 to $12,000 a year on his company’s health insurance costs thanks to the tax credit. He hopes to use that savings to give raises to some of his nine full-time employees. Houser hasn’t been able to increase their pay in recent years because of the rising cost of health insurance. He wants to “show that they’re appreciated,” he said.

Other small-business owners are just beginning to look at how health care reform will affect them. Many of the changes won’t go into effect for a few years, but the tax credit is available now. White House officials estimate that 4 million businesses qualify for this tax break, and they’re promoting it through Web chats, postcards to small businesses from the Internal Revenue Service, and workshops around the country.

Ever since the bill became law last month, “there’s been a real hunger” for information about what’s in the bill, said John Arensmeyer, CEO of Small Business Majority, an organization that supported the legislation. Arensmeyer’s organization has created a tax credit calculator that businesses can use to determine how much money—if any—they can save through the tax credits.

Read more: http://www.portfolio.com/business-news/2010/04/19/businesses-seek-answers-on-health-reform-tax-credit#ixzz0laBXx72m

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by | April 18, 2010 · 3:19 pm

OSHA Laws Protect Workers And Insure Medical Bills And Lost Time Are Covered

(From a 24-7PressRelease)  While most employers make worker safety a top priority, as mandated and regulated by the Occupational Safety and Health Administration (OSHA), on-the-job injuries do still happen. This is the reason for the government-mandated Workers’ Compensation program. Workers’ Compensation is designed to compensate victims of workplace injuries and illnesses.

In general, the purpose of Workers’ Compensations laws is to ensure that all the injured worker’s medical bills and lost time are covered in exchange for ceding the right to sue the employer for negligence. However, the system is not perfect and problems can arise that prevent employees from getting the compensation they deserve.

Denial of benefits

While many employers act in good faith in the best interests of injured employees, getting them their benefits promptly and completely, some work to undermine Worker’s Compensation claims. This happens for one simple reason–profits. Most large employers are required to carry Workers’ Compensation insurance to ensure that funds are available to provide benefits.

However, employers can save money on insurance premiums by reducing the amount of benefits they pay out, and their insurance company is happy to help them.

Injuries not caused by accidents

Many workers assume that Workers’ Compensation only applies in cases where the injury was caused by a specific accident. In fact, you may be eligible for compensation for a wide range of injuries and illnesses caused by repetitive motion, daily tasks, or the workplace environment.

For example, carpal-tunnel syndrome and asbestosis can be qualifying conditions.

If you are injured on the job or become ill from workplace conditions, be sure to follow all of your employer’s reporting procedures. Failing to comply with your employer’s policies may jeopardize your claim and give the employer legal grounds to deny your benefits.

http://www.24-7pressrelease.com/press-release/workers-compensation-in-palm-beach-146904.php

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by | April 17, 2010 · 6:58 am

Hospitality Industry Insurance: Finding The Right Insurance Broker With The Proper Insurance Products For Your Business Is Essential

(From a BusinessInsider.com article)   As an entrepreneur /executive one of the decisions you need to make is who to use to help you insure your company.  

 For some reason many people go to great lengths to do due diligence when selecting an attorney or accountant, but then spend thirty seconds deciding who should handle their insurance.  

Those people tend to do business with one (or more) of five types of people. 

So here are the five types you meet when you buy insurance – and how they could impact your company.

1. The Buddy  -  You’ve just set up your company and you need the basics – General Liability, Workers Comp, Property, etc.  The guy on your whiffle ball team, who also helped you with your homeowners insurance, says he can hook you up!  He has no experience working with other companies like yours, no relationships with insurers that are familiar with your industry.  But he’s a great guy and he assures you it’s a no-brainer. 

He sends you some applications to fill out. The questions seem odd, don’t really apply to your company – and most of all it takes a sh*$! ton of time for you to complete.

You fax them back, wait a couple of weeks and he surfaces with a policy and a bill.

The Result:   No thought went into anticipating what you may need next – like Errors & Omissions when you sign your first client contract (E&O is coverage that addresses claims that your product or service didn’t work properly or caused some kind of harm to someone), Directors & Officers when you get your first round of financing (D&O is basically coverage that protects the management team and board from claims that they mismanaged the company), global coverage when you open a sales office in the UK, etc. 

 The insurer you are with – let’s call them Quicksand Mutual – can’t provide any of those coverages. So when they come up, which will be sooner than you think, there will be a mad scramble to find these policies with different insurers, costing you time and more money.

You end up with a disjointed, patchwork insurance program with multiple insurers and no economies of scale by having everything in one package.  Since your buddy has no experience in your industry, he has no ability to provide services that may drive down your cost and reduce the likely hood of your having a claim. 

Now you can get away with the buddy’s insurance program for a while – but if you have a claim, or need advice on a contract or industry specific issue you will find out the hard way that he was not the right broker for you.

2. The Biggest Broker in the World!  Your company is the next Facebook.   You have some high profile VC board members.  You need to work with the Biggest Broker in the World! 

In fact, one of those board members knows one of the top executives from the Biggest Broker in the World! from his country club.

The Result:  The Biggest Broker in the World! handles the insurance for companies like Microsoft, Dell and Cisco.  Their best talent handles those accounts.  Their average account brings in $50,000 of revenue in both commissions and other fees. 

 All of your policies combined will throw off a total of twelve hundred bucks of income.  You will have a lot of questions and need a lot of hand holding.  Your company will change a lot over the next couple of years – hiring and firing, adding locations, new products, new client contracts, etc.  

The Biggest Broker in the World! assigns you to their D team – maybe a recent college grad, maybe a service center…..until you can be more profitable for them.  Like when you are about to have your IPO. 

You’ll wait won’t you?  And will you also please let them know when you are bigger, cause no one at their company even knows they insure you.

3. The Butcher, 4. The Baker, and 5. The Candlestick-maker …. You already bought a policy from the Buddy (for this segment let’s call him the Butcher).  Now you open an office in San Jose.  The Butcher doesn’t have a license in CA and suggests that you contact someone local out there.   He knows a guy from insurance school, the Baker. 

 You call the Baker and he is happy to set you up with a set of new policies for your California office! 

Next, you land that big round of VC money and the term sheet says you need Directors and Officers (D&O) insurance.  The Butcher and Baker both say they can do it for you but you’re not so sure.  This one seems a little more sophisticated.  The VC suggests a broker that they use, that specializes in D&O insurance, the Candlestick-maker. 

This guy drives his Benz to your office, tells you about how he handles the D&O insurance for the last four IPO’s in the country and assures you that you are with the right broker (NOTE: some brokers specialize in specific types of policies as opposed to industry segments where they can handle all types of insurance for that niche.  This happens a lot with D&O as the premiums are usually high, and there is little or no service work involved – so they throw off a lot of income to a broker.  Hence the Benz.). 

He sets you up with a state of the art D&O policy.  It is the most expensive insurance policy you have ever seen.

The Result:  You have three brokers. 

 None of these characters communicates with the other.  You have overlapping coverages and therefore are paying duplicate premiums. 

None of them feel like they are “in charge” of your account, so they don’t make any recommendations, review/update coverage or take much of an interest in your company. 

None of them realizes you have salespeople working from their homes in 6 States and now each State’s insurance department is fining you for non-compliance on Workers Comp. 

You have bills coming in from 3 agents, at least 3 insurers and your bookkeeper can’t figure out which bill is for which policy.  A new client contract calls for evidence (a certificate) of insurance.  Hmmmmm, guess you gotta call all 3.  You have a claim and are unsure which policy would cover it, so you call all 3 brokers, none of whom think their policy will cover it. 

But go ahead and send it in; the insurers will fight it out.  Ahhh, music to your ears while your company is getting sued…

What to do instead:  So, when it comes time to get insurance – maybe the bank, landlord or VC is requiring it – rather than just hiring anyone so you can check a box and move on, spend a little extra time selecting your broker.  It will pay dividends down the road.  Here are some questions you should consider asking a prospective broker:
  •  What other companies in my industry/like mine do you work with?
  • Can I call someone at those companies and ask about your work?
  • My company is poised for growth an we expect a lot of moving parts – and insurance is not our main consideration.  How will you help us stay on top of these changes so we don’t miss anything?
  • Do the insurers you work with specialize in my niche and offer industry specific coverage?
  • What special services do you provide that will help me save time, reduce my premiums and minimize the possibility of us having a claim?
  • How much time should I expect to spend on completing applications?
  • Can you describe your smallest and largest clients?
  • Do you handle all areas of insurance for companies like ours or just one type of coverage?
  • Do you have any group buying programs where I can leverage the power of a bigger group in my industry?

Read more: http://www.businessinsider.com/the-5-brokers-to-avoid-when-buying-small-business-insurance-2010-4?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+businessinsider+%28Business+Insider%29&utm_content=Yahoo%21+Mail#ixzz0lK2TIRmK

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