Author Archives: Justin Smulison

About Justin Smulison

Justin Smulison is the business content manager at RIMS and the host of RIMScast, the society's weekly podcast.
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Flu-Related Deaths on the Rise

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Frigid weather across the United States and low effectiveness of this year’s flu vaccine have been blamed for a jump in the number of flu cases being reported across the country. Epidemiologists in 36 states so far have reported widespread influenza activity to the federal Centers for Disease Control and Prevention (CDC). Of those states, 21 reported a high number of cases.

Worldwide, the estimated number of fatalities caused by seasonal influenza-related respiratory illnesses is also higher than expected, according to the CDC. The agency released a new study in December 2017 with statistics indicating that between 291,000 and 646,000 people die from influenza every year, an increase from the previous estimate of 250,000 to 500,000. The estimates were drawn from a collaborative multinational survey conducted by the CDC and its global health partners.

“These findings remind us of the seriousness of flu and that flu prevention should really be a global priority,” said Joe Bresee, M.D., associate director for global health in CDC’s Influenza Division and a study co-author.

The study, which appeared in The Lancet, excluded data related to pandemics, indicated that poorer nations and older adults are especially at risk. It explained:

People age 75 years and older and people living in sub-Saharan African countries experienced the highest rates of flu-associated respiratory deaths. Eastern Mediterranean and Southeast Asian countries had slightly lower but still high rates of flu-associated respiratory deaths.

One cause for the rise could be that few developing countries have seasonal flu vaccination programs or the capacity to produce and distribute seasonal or pandemic vaccines.

The information was released following the CDC’s National Influenza Vaccination Week, which was held in early December 2017. That also marked what is typically considered the start of the season which continues through February in the U.

S., although activity can last as late as May. Flu activity is expected to increase this month, the CDC warned back in December, and the freezing conditions from last week’s “bomb cyclone” may contribute to fully realizing that prediction.

People at high risk include:

  • Pregnant women.
  • Children younger than 5 years old, but especially children younger than 2 years old.
  • People 65 years of age and older.
  • People of any age who have certain medical conditions, such as asthma, diabetes, and heart disease.

The Society for Human Resources Management (SHRM) suggests that employers use this critical time to promote policies and procedures to protect their employees from communicable diseases like influenza, and reinforce that the risks may be greater for certain workers. According to SHRM:

Employers must be open to discuss employee concerns and listen to their ideas and suggestions for ways to help them stay healthy. Employers can encourage employees who are at high risk to talk with their health care provider to determine what, if any, additional measures they should consider to keep themselves healthy and safe at work.

Employers should strongly consider doctor’s accommodation requests for high-risk workers.

The Occupational Safety and Health Act (OSHA) web site has a fact sheet and guidelines for companies to follow with regard to the flu and pandemics. Additionally, the National Institute for Occupational Safety and Health (NIOSH) has a page with tips for employers hoping to curb seasonal flu outbreaks in their workplaces and among employees. NIOSH’s suggestions include:

Get Ready for the ‘Weather Bomb’

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In case you need another reason to dread getting to work this first week of 2018, several weather authorities are warning of a major storm that could affect a majority of the United States with freezing conditions. Storm advisories are being issued from New England states to southeastern winter getaways. Residents of South Carolina, Georgia and even northern Florida should be thinking about stocking up on ground salt, thermal pants and hand warmers.

Nancy Egan, Property Casualty Insurers Association of America’s (PCI) regional manager warned: “A dangerous combination of snow, sleet and freezing rain is on the horizon for the Southeast. Weather like this can cause auto accidents, and property damage, and leave thousands without power. Driving in these treacherous conditions can be tricky, so if you do venture out, make sure your vehicle has a winter storm kit in case you have an accident or get stuck and have to wait for help.”

PCI suggests that winter storm kits include a windshield scraper and small broom; flashlight with extra batteries; road salt, sand or cat litter for traction; booster cables; emergency flares and reflectors; snack food; blankets and a first aid kit.

These warnings are inspired by speculation that intensifying winds and cold will bring about a phenomenon known as “bombogenesis” from Thursday to Friday. In an online primer, Mashable delved into the relevant information that organizations need to know about the “weather bomb” or “bomb cyclone.”

[Bombogenesis] refers to a low pressure area whose minimum central air pressure plummets by at least 24 millibars in 24 hours. By feasting off of intense atmospheric disturbances as well as differences in air masses and ocean temperatures, including the moisture rich Gulf Stream waters, the upcoming tempest is projected to exceed that intensification rate by several more millibars in 24 hours. This intensification rate, if it comes to pass, would be astonishing.

The potential impact of the upcoming storm could equal that of a Category 3 hurricane, the same strength Hurricane Sandy reached at its peak in 2012. With this in mind, companies located anywhere along the projected path should be heeding the warnings and preparing.

This follows a cold snap that has so far killed at least 11 people in cold-related deaths in the U.S. since Tuesday morning, CNN reported. Some of the victims were located in Wisconsin, North Dakota, Missouri and Texas.

The Southeast has a history of being especially vulnerable to cold-weather conditions. On Jan. 29, 2014, the greater-Atlanta area was rendered nearly unnavigable due to about two inches of snow and ice. Although Georgia is the home of the Weather Channel, state officials failed to act on warnings of the precipitation and freezing conditions, and closed all schools mid-day—about the same time that businesses shuttered for the day. Between parents who were on the road to pick up their children and adults leaving their workplaces due to early closings, millions of cars ended up on roadways, causing a gridlock that prevented salt trucks from safely getting to and from storage areas.

The consequences were unprecedented for the area. Although no fatalities were recorded, the Peach State experienced thousands of traffic accidents, closures and even automobile abandonments on interstate highways.

To prevent such a disaster from reoccurring, Georgia’s Department of Transportation announced via Twitter this week that it has mobilized 13 trucks loaded with salt and gravel in anticipation of the storm. While no announcements have been distributed on the Florida Department of Transportation’s site, FloridaDisaster.org is keeping its visitors updated with news of “below average temperatures.” South Carolina has been posting updates on its DOT site, and reminding motorists to use particular caution and to “watch for slow moving SCDOT equipment applying deicing materials.”

Proposed Bills Highlight Legal Risks of Sexual Misconduct Claims

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In the current climate of sexual harassment incidents being reported in a variety of industries across the country, organizations and their legal departments should be reviewing legislation and considering their legal risks, should they need to defend against sexual harassment or misconduct allegations.

Just this month, in fact, legislation was proposed at state and federal levels to keep employers from trying to silence accusers following mediation and settlements. The

Sen. Kirsten Gillibrand (D-N.Y.)

Huffington Post reported that the bipartisan legislation from Sen. Kirsten Gillibrand (D-N.Y.) and Rep. Cheri Bustos (D-Ill.) would ban employers from holding employees to forced arbitration clauses, which often prevent sexual misconduct survivors from speaking publicly about abuses in the workplace.

Similarly, legislation targeting nondisclosure agreements was recently introduced by state officials in New Jersey, California, New York and Pennsylvania to their respective legislatures.

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These involve standard confidentiality contracts that companies use in the event of a lawsuit so that the terms of a settlement do not become public knowledge.

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Depending on if, and with what wording, these bills are passed it will almost certainly affect companies’ and leaders’ policies and behaviors.

Linda B. Hollinshead, a partner in the employment law practice of Duane Morris told Risk Management Monitor that if confidentiality cannot be guaranteed during a settlement, there could be less mediation and arbitration and more courtroom battles as a result.

“If these bills are passed into law, I will be curious to see how employers change the way they handle these issues—because one of the things you hope to buy when you settle, is quiet,” said Hollinshead. “I would presume that if this is the direction in which things are going, employers may become increasingly more vigilant on preventing [misconduct] in the first place.”

Regarding the New Jersey legislation, advocates seem to be pleased with the bill’s introduction but do not disregard the value confidentiality can provide for a victim of sexual misconduct.

“While we are in favor of the intent of the bill, we do want to make sure survivors have the option to confidentiality,” said Patricia Teffenhart, executive director of the New Jersey Coalition Against Sexual Assault. “Many survivors might wish to engage in a nondisclosure agreement, and we need to expand the opportunity for them to have the option to pursue nondisclosure.

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”

According to XpertHR’s Top 15 Most Challenging HR Compliance Issues for 2018  small, medium and large employers across the country expect sexual harassment to be a top matter of urgency moving forward. The report reminds that misconduct can occur between co-workers, both in and out of the workplace:

Harassment also may involve a wide variety of conduct—physical, written or verbal, as well as conduct over the internet and social media including cyberbullying.

For more legal risks to consider, visit www.rims.org to download the new RIMS Professional Report, The Top 8 Legal Developments You Need to Know About in 2017.

More About Santa-Related Risks

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Earlier this month, we reviewed how the mere mention of Santa Claus can affect business and finance. Tying his name to a stock market rally or business operation could make values jolly, or the reverse, it could have more of a Freddy Krueger effect. But even if your portfolio and productivity remain unchanged, Santa-related risks can also follow you home and even impact family life.

Anyone who needs more than a mere glimpse of Santa Claus may want to take the fun a step further and attend one of the SantaCons across the country (many of which will be held this weekend). According to SantaCon.info, the best-known repository for SantaCons, at least 397 cities in 52 countries host the events, and some cities have more than one. Whether you want to appear in costume or take your family, dressed in their red, green and white seasonal sweaters, the site has some tips to help you avoid getting jilted out of holiday cheer. The site warns that while SantaCons are typically free, some are ticketed events to help organizers cover excess costs, and many of the Santa-themed events are commercial. Then there are the spoilers. It continues:

Again, this year, websites are popping-up making false claims and trying to sell SantaCon tickets. Please be careful not to get scammed and also consider the reputation and safety risks involved. Use this guide:

  • Most SantaCons are completely free to attend (Washington, D.C. is one of these).
  • Many SantaCons request a donation which is completely optional (San Francisco is one of these).
  • Some SantaCons request a donation which gets you some benefits (NYC is one of these).

Visit the site to review the overall criteria for entering and remaining at SantaCon for the event’s duration.

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The most important guidelines cover dress, safety, and conduct:

  1. You can dress how you like but the theme is red.
  2. Don’t make kids cry.
  3. Don’t mess with security and make people feel unsafe.
  4. Don’t get drunk or high.

(It would seem like disregarding tips 3 and 4 could directly cause #2.)

Additionally, be sure to determine if your SantaCon will be family-friendly or for adults only. Some of these events are fundraisers for charities, while others are just a prelude to a pub crawl—which does contradict the fact that Santa is generally discouraged from drunk and disorderly behavior (see guideline #4 above). Those pub crawls are often limited to the Santas in the crowd, but why shouldn’t everybody be merry?

And although you and your family will see Santa’s foot soldiers, lots of people will wonder which is the real Santa amid all the white beards and red hats.

What has become a pastime on Christmas Eve is the tracking of Santa’s location and progress.

There are several devices and agencies dedicated to keeping tabs on Santa. One of the most popular trackers is run by NORAD (North American Aerospace Defense Command).

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Its Santa Tracker began in 1955 after a newspaper ad for Sears mistakenly listed a phone number that kids could dial to reach Santa Claus; it was actually a secret line to the red phone at the Continental Air Defense Command, NORAD’s predecessor. One of the outcomes of the ad was to expose the risk of typographical errors in print publications.

Using more than one tracker on Christmas Eve, like the Google Santa Tracker, can call into question Santa’s aerodynamic abilities among children whose vocabularies might not include the word “aerodynamic.” Two trackers may simultaneously show Santa along different routes and indicate different amounts of presents delivered. So once a child is actively following Santa activities on more than one tracker, he or she may then ask: “How can he be in China on the Google tracker when NORAD says he’s in Nebraska?”

Most people actively tracking Santa do not want to comment on the technological and supply chain risks involved, accidentally bringing a “bah humbug” to the holiday. Of course, if you are seeking that information, enjoy reading one of his many risk assessments.