Volume 24 Issue 4

April 2013


www.pacounties.org

INSURANCE MATTERS
An e-newsletter of the County Commissioners
Association of Pennsylvania Insurance Programs

 

Owned by Members   Governed by Members   Service to Members
In This Issue
County Government Workshops to be held in May
A Near Miss Could Be the Next Incident
12th Annual Workers' Compensation Conference
Upcoming Events
Spring Trainings Start This Month!
Coverage Corner
Quote of the Month
 
Quick Links
 
 
Join Our Mailing List

Specialty Lines

 

Greetings!  

I got a new computer today. My CCAP issued Dell was up for replacement, so now I have a new Dell with Windows 7, a different keyboard (with a numeric pad) and a built in webcam. Everything that was on my old computer is on this one, documents and photos and email, albeit in some different locations.

 

The new laptop is much quicker, and I have had little trouble adjusting to it. I have to set up Word, Excel, Power Point and Outlook to the formatting I prefer, but that didn't take too long. It feels like the same thing, only newer and better and with a few tools I did not have before.

 

We try to provide the same experience with our member service programs. As the programs age we try to improve and make changes for the better. PComp may only provide workers' compensation insurance, but it also has new services such as our RMAP program to help members lower their high experience modifications. PCoRP has a new Loss Prevention Grant Program. PIMCC has a new service to help counties save money through the Act 22 changes. These are just a few examples.

 

It also helps that generally our programs have a strong financial position. This allows the governing boards more options for member services.

 

Now if I could only get the dictionary up to date on this new computer!

 

Make sure you contact us when you need help with something,

 

                              John Sallade 

County Government Workshops to be held in May

By Mandi Glantz, Director of Member and Vendor Relations  

  

The County Commissioners Association of Pennsylvania (CCAP) is pleased to announce two workshops being held May 16 - 17 at the CCAP North Office in Harrisburg and open to all county elected officials and staff.
 

On Thursday, May 16, join us for the "Innovative Approaches to County Government: Focus on Technology" session with speakers Rita Reynolds, director of technology and telecommunications services, CCAP and Kathie Zullinger, deputy director of technology operations, CCAP. Topics of discussion include using technology in the county, county websites, social media, smart devices and more. This course is scheduled from 10 a.m. until 3 p.m. with lunch included. Participants in the CCAP Academy for Excellence in County Government will earn credit for the Innovative Approaches to County Government core course upon their full participation at the event.
 

Friday, May 17 features the "County Functions and Responsibilities " session with speakers Douglas Hill, executive director, CCAP, Brinda Carroll Penyak, deputy director, CCAP, Karen Cohen, property and casualty programs manager, CCAP and Julia Jackson, employee benefits program manager, CCAP. Topics of discussion include a structural overview of county government, budget and finance issues, county risk management, county human services and more. The course will run from 9 a.m. to noon. Participants in the CCAP Academy for Excellence in County Government will earn credit for the County Functions and Responsibilities core course upon their full participation at the event.
 

The workshops are open to all county officials and staff. Associate members and other CCAP vendors are also invited to attend. Registered Academy and Academy Advanced Certification participants may attend at no cost. The costs for non-Academy participants (CCAP members) vary. Other fees may apply for Academy graduates, associate members and other vendors. There is a multi-day discount available. The workshop fee includes refreshment breaks, lunch on Thursday only, and session materials on each day.
 

Seating is limited - for registration information, please visit the CCAP website or contact Mandi Glantz, director of member and vendor relations, by phone (717) 526-1010 x 3339 or email mglantz@pacounties.org.

A Near Miss Could Be the Next Incident

By Maureen McMahon, Loss Control Specialist

Near misses or close calls should be wake-up calls for employees and employers to realize that something is wrong and needs to be corrected.

Employees may not realize they are expected to report near misses - no matter how trivial they may seem. Although there may not have been a serious outcome, these incidents could result in future incidents. By recognizing near misses and taking action to correct the underlying problems, employees will not only reduce the number of near misses, but more importantly, they will reduce the number of actual incidents in the future. 

There are many reasons employees do not report near misses:

  • Fear - It's true that some workplaces cultivate an environment where employees are punished for being injured, so these employees are unlikely to report near misses if they fear they will lose their jobs.
     
     
  • Embarrassment - If employees see their supervisors or coworkers humiliate those who make mistakes or experience incidents, they may be too embarrassed to come forward and admit they experienced a near miss.
     
     
  • Difficulty - If an organization makes near misses difficult to report, with confusing paperwork or a convoluted process, employees won't do it. Instead, supervisors should simply listen to the worker's account of the near miss and then complete any necessary paperwork on the worker's behalf.
     
  • Bureaucracy - Some organizations may ask employees who experienced near misses to attend committees or meetings to share their stories. While this approach can work in some organizations, it also may be problematic. If employees suspect their near miss is going to trigger a bureaucratic machine of paperwork and meetings, they might rather avoid the whole thing.
     
  • Peer pressure - If an injury or near miss cost the workplace its perfect safety record, which means all employees lost out on a cash bonus or prize, peer pressure from other coworkers can drive near misses underground.
     
  • Loss of reputation - An employee doesn't want the reputation of being considered incident-prone or a crybaby. "Macho" professions, such as maintenance and building and grounds-may encourage a culture where employees brag about their scars and never want to be seen as weak or unable to "take it." This can drive near miss reporting down, as well.
     
  • It's easier not to - If employees suspect that no one at the organization actually cares about near-miss reporting, or think it will be too difficult or worry about being embarrassed, they may conclude that it's simply easier not to report it. They might even think the near miss was not a big deal.
     
  • Lack of interest from the organization - When employees know the organization does not consider near misses important or take them seriously, they won't, either. And if an organization does not actually use the near-miss information in a meaningful way, employees will be less inclined to report the near miss.
     
  • Perceived as pointless - If a near miss was not particularly serious and likely would not have resulted in a significant injury, some organizations may consider the process pointless. Organizations cannot have it both ways - claiming that near-miss reporting is important but then complaining when "small" incidents are reported.

Near misses and incidents should never be ignored. Working safely often means looking out for each other, don't let the next near miss become the next incident. Report near misses!

12th Annual Workers' Compensation Conference  

 

The Bureau of Workers' Compensation of the Pennsylvania Department of Labor and Industry will be holding its annual conference June 10 and 11 at the Hershey Lodge & Convention Center, Hershey, PA.

 

Typically, over 1,000 attendees attend this annual event, which provides attendees with the opportunity to hear about current, hot workers' compensation topics as well as to network with other professionals like you in the workers' compensation community.

 

Topics will include: the state's new workers' compensation software for claims and document management, basic work comp law, affording litigation errors, workplace violence, utilization review, basics of litigation, workers' compensation and employment law, Pennsylvania injury trends and safety and much more.

 

For more details including speakers and hotel information, see 12th Annual Workers' Compensation Conference.

 

The Conference registration is $200 per person and includes admission to conference workshops, exhibits, lunches, morning/ afternoon breaks (on June 10-11), as well as dinner on June 10. To register online go to: www.dli.state.pa.us then click on "Workers' Compensation." 

Upcoming Events  
  
PCoRP Board Meeting
Thursday, April 4, 2013
The Penn Stater Conf. Center Hotel - State College

PIMCC Board Meeting
Monday, May 6, 2013
CCAP North Office, Harrisburg, PA

COMCARE PRO SAC Meeting
Thursday, May 7, 2013
CCAP North Office, Harrisburg, PA
  
Board and committee meetings of all CCAP insurance programs are open to members of those pools. If you plan to attend a meeting, please let us know in advance so we can plan for room set-up and any meals. Send your attendance plans to John Sallade at CCAP.   
Spring Trainings Start This Month!

By Linda Rosito, Insurance Training Director
 

The CCAP Insurance Programs has a lot of great educational opportunities coming your way. April and May are packed with trainings on diversity in the workplace, work/life balance, internal investigations, HR boot camp and our always popular prison risk management workshop. We hope you will take advantage of these great educational opportunities.

 

Please keep in mind that most of our training sessions are free (if sponsored by an insurance program in which your employer is a member) AND for PCoRP, PComp and UC Trust members you can SAVE MONEY off your insurance costs by attending training sessions.

 

Here is a listing of what we have planned for this spring:   

 

APRIL
2Maintenance Workshop, State College
5PCoRP Loss Control Workshop, State College
10KEYS: Diversity in the Workplace - Getting Along with Your Neighbor, Harrisburg
16Work/Life Balance: Doing the Right Work and Finding the Good Life, State College
16Defensive Driving Course, State College
18Work/Life Balance: Doing the Right Work and Finding the Good Life, Scranton
18KEYS: Internal Investigations, Cranberry Twp.
19County Risk Managers Council, Harrisburg
23Work/Life Balance: Doing the Right Work and Finding the Good Life, Harrisburg
25KEYS: Internal Investigations, Lewisburg
30KEYS: HR Boot Camp, Harrisburg
MAY
8KEYS: Internal Investigations, Scranton
14KEYS: Diversity in the Workplace - Getting Along with Your Neighbor, Cranberry Twp.
14Work/Life Balance: Doing the Right Work and Finding the Good Life, Lewisburg
22KEYS: Internal Investigations, Harrisburg
23Prison Risk Management, Hershey
29-31

 

If you would like additional copies of the spring Glimpse, please contact us.

 

As always, if you have any questions, please feel free to contact Linda Rosito at (800) 895-9039.

 

I look forward to seeing you soon!

Coverage Corner 

Reminders and Pointers about Insurance Coverage and Risk Management
  
Employment Practices Liability Insurance
 
Legislation such as the Family Medical Leave Act and the Americans With Disabilities Act, plus a growing number of job-related lawsuits and claims have created the need for a type of insurance known as employment practices liability insurance, or EPLI. EPLI coverage offers insurance protection against claims and lawsuits that are brought against an employer, its officers or directors, or its employees and managers.

Cases against employers are on the rise. It is estimated that three out of five employers will be sued by an employee. Employers are finding that they are vulnerable from the pre-hiring process through the exit interview, even if the employee was never hired, or only employed for a matter of days. Every employer faces the reality that it could be the target of legal action from past, present and prospective employees. Even if the claim is groundless or fraudulent, the defense of a suit can be expensive in time, resources and finances. 

EPLI policies generally offer coverage for the following types of claims:

  • Gender, age and other types of discrimination
  • Sexual harassment
  • Wrongful termination or discipline
  • Negligent compensation, promotion or hiring decisions
  • Breach of contract for employment
  • Emotional distress or mental anguish
  • Invasion of privacy
  • Libel or slander
  • Employee benefits mismanagement

Historically, employment practices coverage has been included in educators' professional liability, not-for-profit directors' liability or public officials' liability. The EPLI coverage provided by the PCoRP program is included under the public officials' liability coverage section. Stand alone EPLI policy purchases by public entities are less common because it has been more cost efficient to incorporate EPLI coverage into existing lines of coverage.

The most significant factor in determining the exposure and pricing of EPLI coverage is the number of employees working for the entity. The higher the employee count, the larger the pool of potential plaintiffs. Pricing is also highly dependent upon employee count. Other factors that are considered in the pricing of the coverage include the amount of the retention/deductible, unionization and alternative employee remedies. Collective bargaining agreements may reduce an employer's exposure. Because most EPLI policies have exclusions that pertain to collective bargaining agreements, the existence of such agreements may also favorably affect the premium for the coverage.

While virtually all EPLI policies are claims-made, some are "claims-made and reported", with others being "claims-made and discovered". It is important to ascertain what the reporting requirements are for your EPLI coverage. Coverage can be denied if an otherwise covered claim is not reported as required under the policy. It is crucial to restate that notice provisions can govern whether coverage will apply to a claim. Procedures should be in place to assure that claims information is compiled and reported in a timely manner. It cannot be stressed enough that your producer cannot be a substitute for such procedures. Producers can transmit notices of claims, but only the employer can assure that policies and procedures are in place and enforced. As previously noted, many otherwise covered EPLI claims are declined for failure to comply with policy reporting provisions. 

Questions or comments? Contact Karen Cohen, CCAP's Property and Casualty Programs Manager 

Quote of the Month
 

"Experience is a wonderful thing.

It enables you to recognize a mistake

when you make it again."

  
- Anonymous 
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Contact Us: John Sallade, Managing Director, CCAP Insurance Programs