About Caroline McDonald

Caroline McDonald is a writer and former senior editor of the Risk Management Monitor and Risk Management magazine.
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How Does Google Face Global Challenges?

NEW YORK—Staying a step ahead of regulators around the world is challenging for any global business. For Google, it is a “significant challenge, to say the least,” said Andy Hinton, vice president of global ethics and compliance at Google, Inc. After organizing the world’s information and making it universally accessible, the company’s secondary mission is products that help users, he said.

“Google is boundary-less when it comes to what those products might be and what they might look like,” Hinton said during The Wall Street Journal’s Newsmaker’s Forum in April. “So trying to keep up with driverless cars, drones and providing internet service with floating balloons around the world (Project Loon) is a challenge.”

Google’s compliance program includes the company’s trade, bribery, internet security and privacy issues. While any number of issues may surface, he said, “one of them is to help the company respond to some of the criticism leveled against it, mostly in jurisdictions outside the United States, and to make sure responses are consistent with applicable laws.”

With Google Earth, for example, equipment must be moved around the world. Google Earth “enables people to get information access to the earth, where they otherwise might not be able to see those things,” Hinton said, noting that people can now view Mt. Everest and other places they may never get to see otherwise. This involves contact with customs officials and governments and also creates “lots of opportunities to do things wrong and get in trouble,” he said. “So we are always on top of that. Plus, the equipment we use is so unique that we show up in front of a customs official with a camera on top of a tripod on top of a car and they ask, ‘What is that? It’s not in the manual.’ You have to spend time explaining what it is and help them to be comfortable with it.

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While some governments are more difficult to deal with than others, “there are definite challenges in all the continents and countries,” he said. “Obviously privacy is a challenge in Europe, because there is a different perspective around privacy and internet security than there is in the United States. With APAC [Asia Pacific] there is an integration of gift-giving and business that is relatively unique to the APAC region and can present challenges.”

An important part of its compliance strategy is the company’s diversity, which he added is also part of its mission. “Not just diversity in the traditional perspective, but in bringing on people who can understand the challenges in these regions,” he said.

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“So for gift-giving in the Middle East, sure I can sit in Mountain View trying to figure it out, but we hired an attorney who is in that culture and understands U.S. law and can, in that context, help us navigate the region—balancing expectations of the region with legal expectations in the United States.”

Company Strategy

In fact, Google’s overall hiring policies are part of its strategy to “do things differently, or do them better than other companies,” he said. “That requires us to be incredibly sharp in the way we do hiring.” Now that the company has about 60,000 employees, “it’s important to hire people who share your values and buy into your mission. Because if you are not going to have a lot of rules and you are not going to have an enormous compliance program and checkers following people around, there is a lot of trust and autonomy that you give to your Googlers.”

How does the company accomplish this? “When I interview people and they talk about winning and beating the competition, that’s a huge red flag to me,” he said. “When we started, Larry was very much about the users and we still are. If you build something good that users really like, you can figure out the rest. Revenue and everything else will come. People who have that backwards are tremendously dangerous to the company.”

Google also acquires staff through acquisitions, he said, adding that this talent is “much harder to manage. The larger the acquisition and the more the acquisition has its own culture, the greater the challenge.”

Could Train Control Technology Have Prevented the Amtrak Derailment?

An Amtrak train that derailed on May 12, traveling more than 100 miles per hour on a known dangerous curve, has an unfortunate similarity to the Spuyten Dyvil crash in December 2013. In that incident, a Metro North train traveling at 82 miles per hour derailed on a treacherous curve, traveling at nearly three times the allowed speed.

Four passengers died in the Spuyten Dyvil derailment.

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Operator fatigue was deemed to be the cause for that accident. This most recent crash killed at least eight people and eight are listed in critical condition. In both cases, National Transportation Safety Board (NTSB) experts contend that a safety measure called “positive train control” (PTC) could have prevented the disasters.

Robert Sumwalt, a member of the NTSB, explained during a press conference on Wednesday that Amtrak already has a system in place called the Advanced Civil Speed Enforcement System (ACES), which is installed throughout most of the Northeast Corridor. “However, it is not installed where the accident occurred,” Sumwalt said. “That type of a system, we call it a positive train control system, is designed to enforce the civil speed, to keep the train below its maximum speed. We have called for positive train control for many years, it’s on our most wanted list. Congress has mandated that it be installed by the end of this year.”

Sumwalt continued, “Based on what we know right now, we feel that, had such a system been installed in this section of track, this accident would not have occurred.”

He said that a thorough walk-through of the accident site was conducted yesterday and that investigators will be looking into the track, the train control signal system and the operations of the train. “Our mission is to not only find out what happened, but why it happened to prevent it from happening again,” he said.

The looming question is why this safety measure was not in place, even though PTC has been called for since a collision in Chatsworth, California killed 25 people. The Rail Safety Improvement Act of 2008 mandates that PTC for passenger and freight trains be operational by the end of 2015.

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But because of high costs and the complexity of the system, Congress has been considering an extension until 2020.

According to the NTSB website:

In the aftermath of the Chatsworth tragedy, Congress enacted the Rail Safety Improvement Act of 2008. The Act requires each Class 1 rail carrier and each provider of regularly-scheduled intercity or commuter rail passenger service to implement a PTC system by Dec.

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31, 2015. Progress is being made toward this lifesaving goal. Metrolink became the first commuter rail system to implement PTC, when it began a revenue service demonstration on the BNSF Railway. This demonstration project is a step in the right direction, and Metrolink reports it will implement PTC fully throughout its entire system before the Congressionally-mandated deadline.

It has been more than 45 years since the NTSB first recommended the forerunner to PTC. In the meantime, more PTC-preventable collisions and derailments occur, more lives are lost, and more people sustain injuries that change their lives forever.
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Yet there is still doubt when PTC systems will be implemented nationwide as required by law.

Each death, each injury, and each accident that PTC could have prevented, testifies to the vital importance of implementing PTC now.

ERM Seen as a Strategic Advantage by Global Insurers

Global insurers’ level of satisfaction with their enterprise risk management (ERM) performance grew by 10 percentage points over the last two years (63% compared to 53%). This was highlighted by a 16-percentage-point increase in Asia Pacific (51% compared to 35%) and less pronounced in North America and Europe (with a seven-point increase), according to Towers Watson’s Eighth Biennial Global Enterprise Risk Management Survey.

According to the survey, 74% of global insurers said their executives and board members view the risk management function of their enterprise as an important strategic partner that adds value to the business. Notably, carriers that share this view are almost twice as likely to say they’re satisfied (73% compared to 38%) with their company’s ERM performance compared to those that believe ERM is merely a provider of risk assurance (18%) or for regulatory compliance (8%).

Insurers’ opinions of their ERM program were determined by factors such as clear links to business goals. In fact, carriers with ERM functions that are well integrated into their business planning noted higher rates of satisfaction (82%) than those without an integrated strategic plan (53%). Similarly, those with a risk appetite framework linked to specific risk limits expressed higher rates of satisfaction (76%) than their peers with no framework in place (50%).

“Companies that strive for strategic value in their risk management function — as opposed to simply using ERM for regulatory compliance — typically differentiate themselves, in part, by integrating risk management into their strategic decision-making process from the beginning,” Martha Winslow, senior consultant of the Americas P&C practice with Towers Watson, said in a statement. “Too often, senior management incorporates risk management later in the process or even after it is complete, when there’s not much chance of it influencing critical decisions.”

Towers Watson survey findings:

 

P&C Market Continues Downward Rate Trend

Property/casualty insurance buyers are continuing to see flat rates, as all lines of coverage averaged a zero percent rate change, MarketScout reported today.

“The market continues to be trending downward over the last eight months, from October 2014 at plus 1.5% to April 2015 at a zero percent increase,” Richard Kerr, CEO of MarketScout said in a statement. “It’s not dramatic but it is a trend. Coastal property may experience some slight rate increases since we are on the cusp of the wind season. Rates on all other exposures should continue to be quite competitive.”

When measuring rates by coverage classification, automobile coverage was up to plus 2%. Rates for all other coverages remained the same. Business owners policies (BOP), professional liability and D&O coverages decreased in April 2015 by 1% compared to March 2015, according to MarketScout, an insurance distribution and underwriting company.

By account size, rates remained the same for all, except jumbo accounts of more than $1,000,000 premium. These accounts adjusted to a reduction of minus 2% in April 2015, compared with rates in March 2015.

Industry classifications were all reported at a zero rate increase in April 2015 with the exception of transportation, which held steady at a rate increase of plus 1% and habitation, which increased from 0% in March to plus 1% in April, MarketScount said.

Summary of April 2015 rates by coverage, account size and industry class: