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Understanding Insurance Coverage for Traveling Employees

BOSTONThe odds of dying in a terrorist attack: 1 in 9.3 million. The odds of getting sick while traveling: 1 in 2. But both should concern companies sending their employees around the world for business, panelists Kathleen Ellis of CNA International, Erin Wilk of Facebook and Andrew Miller of International SOS said at a RIMS 2019 panel titled “Is Insurance Enough When Employees Travel?”

The answer to this question, the panel agreed, was emphatically “no.” But, as Ellis and Wilk noted, insurance coverage is an important part of the equation for many of the biggest things that do go wrong. Even though the risk of catastrophic incident is minor compared to seemingly mundane travel concerns like weather and petty theft, companies should still prepare for the worst in advance.

This is true whether employees are going to common destinations within the United States traditionally thought of as safe or to less familiar places.

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It is also true, Wilk said, whether the employee is an experienced traveler (who can be over-confident) or a novice (who can over-prepare and miss warning signs around them).

The panelists repeatedly stressed that companies should approach travel risk with protecting employees as their priority. Not only do companies have a “duty of care” (a legal responsibility to mitigate the risks traveling employees face), but they also need to be cognizant of the “standard of care” and “duty of loyalty.” Standard of care is the industry standard for employees’ travel risk protection, and companies’ obligation to meet that standard.

Duty of loyalty is the employees’ responsibility to abide by the safety measures the company has put in place. As recently discussed in Risk Management, this is largely on the employee, but the panel noted that employers also have a critical role to play in creating a culture that enables and encourages their people to take the necessary steps to protect themselves while traveling. As Wilk said, “Policy is a piece of paper. Employee practice is what actually matters.”

When it comes to insurance, companies should make sure they are covered, but not over-covered. For example, Miller discussed cases in which companies’ benefits, HR and legal department have all purchased travel coverage without communicating their purchases to the other departments. Businesses may also be unfamiliar with the coverage they have and pay to remediate travel problems themselves when their insurance policies would actually cover those issues.

Key insurance options include:

  • Foreign voluntary workers compensation, which covers workers traveling on business in a way similar to traditional workers’ comp, paying for disease, or repatriation or evacuation
  • Business travel accidental death and dismemberment coverage, which works like life insurance and covers both work-related and non-work-related incidents, and is an option for covering employees’ spouses and dependents
  • Kidnap and ransom coverage, which provides pre-trip support, crisis management services during an incident, and reimburses for ransoms paid for kidnapping extortion, wrongful detention and hijacking
  • Expatriate medical, which is an option for employees who are traveling long-term, and
  • Defense base act coverage, which handles government contractors overseas at embassies and military bases

The panelists also emphasized that travel risk not only endangers employees’ well-being, but also the company’s bottom line. If an employee gets sick while traveling for business, for example, the company’s investment in the trip can be wasted. Additionally, traveling employees who feel unsafe or unprepared for the risks they are facing feel less loyal to their company, and can also be distracted, potentially derailing the important business they are traveling to conduct. The panel urged that pre-trip training and a thorough understanding of the company’s existing coverage are the best ways to mitigate these risks and help employees succeed when traveling for work.

RIMS Report: Active Shooter Preparedness For Your Organization

More than 51 mass shootings have already been documented by GunViolenceArchive.org in 2019, many of which occurred in commercial settings and workplaces. It is clear that workplace shootings are occurring regularly in the United States. By customizing an active shooter plan that focuses on prevention, training, feedback and post-incident protocols, employees will be mentally and physically prepared to react to violent threats, according to a new RIMS Professional Report titled, “Active Shooter Preparedness for Your Organization.”

Authored by RIMS Business Content Writer Justin Smulison and featuring insight from workplace violence and business continuity experts, the report highlights opportunities for risk professionals and their organizations to identify warning signs of potential attacks, best practices in communication and pre-event training, as well as strategies to implement a coordinated effort that minimizes injuries, property damage and reduces uncertainties.

“Physical security measures are nothing more than deterrents,” said Steve Smith, founder and president of Guardian Defense and report contributor. “Every individual in the organization needs to know how to respond to an active threat in order to mitigate the situation. Risk professionals are well-positioned within their organizations to drive discussions, awareness and take a leading role in the development of a workplace violence prevention and response strategy.”

The report is currently available exclusively to RIMS members. To download the report, visit RIMS Risk Knowledge library at www.RIMS.org/RiskKnowledge. For more information about the Society and to learn about other RIMS publications, educational opportunities, conferences and resources, visit www.RIMS.org.

For more threat preparedness insight from Steve Smith, download his interview on RIMScast and read his Q&A about school preparedness on Risk Management Monitor.

RIMS Report: Risk Management Implications of Conflicting Federal and State Cannabis Laws

The RIMS External Affairs Committee has issued a new Legislative Review discussing the challenges risk professionals may face regarding the cannabis laws in the United States.

Available exclusively to members, The Risk Management Implications of Conflicting Federal and State Cannabis Laws is designed as a resource for risk professionals representing cannabis businesses, as well as landowners and landlords who often face a range of issues as a result of the disconnect between state and federal cannabis laws.

The sale, possession and use of marijuana has been fully and partially decriminalized in many states, but is still federally recognized as a “Schedule I Narcotic” under the Controlled Substances Act. This has led to conflicting interpretations of the law and unwittingly put many companies at risk of breaking the law.

“The members comprising our external affairs committee have been monitoring the developments related to cannabis for years,” said Whitney Craig, RIMS Government Affairs Director. “There are few absolutes when it comes to cannabis in the United States, but the review provides a concise guide to help members navigate through the challenges posed in this evolving industry.

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The review discusses:

  • how and when to navigate between state and federal laws
  • the risks of a marijuana business opening a bank account
  • what types of businesses are subject to federal drug raids
  • how these laws and risks impact residential and commercial owners
  • insurance resources
  • and more.

“Until the Controlled Substances Act is amended to remove marijuana as a Schedule I Narcotic, there is always some risk that shifting political winds or other factors in the area where the business is located may result in prosecution, even where marijuana has been legalized or decriminalized,” the report states. “Careful due diligence and legal advice from counsel familiar with this area of law is always a wise choice.”

The report touches on a number of new cannabis industries, such as delta 8 THC which has become popular in Texas due to the recent DSHS ban. There are a number of merchant services that will process payments for delta 8 THC products, and there are also a number of banks who will accept these clients, according to delta 8 vape manufacturer Area 52.

The report is currently available exclusively to RIMS members.

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To download the report, visit RIMS Risk Knowledge library at www.RIMS.org/RiskKnowledge. For more information about the Society and to learn about other RIMS publications, educational opportunities, conferences and resources, visit www.RIMS.org.

Risk Management magazine has covered the risks that growing marijuana can pose to commercial or residential property.

Q&A: School Shooter Preparedness

Schools across the country are back in session. And in the wake of high-profile school shootings earlier this year, safety is a top priority for students, parents, educators and communities. Steven Smith, founder and president of Guardian Defense, specializes in active shooter preparedness and works with education industry leaders to keep their facilities safe.

We reached out to Smith to discuss how preparedness strategies have changed, the types of plans schools implement and for ways to better incorporate them into their culture.

Risk Management Monitor: How have recent school shootings impacted the way you train clients?

Steve Smith: Every mass shooting at a school impacts our training because we learn a little bit more from these horrific events on how to prepare, train and react. Parkland was different for our company because it hit home as this event occurred in our nearby community. Parkland impacted us, our staff, our community and our friends personally. Along with my SWAT Team, I responded to the incident and arrived on scene approximately 30 minutes after the incident. Some of our staff had friends working in the school and knew of other co-workers who had their children attending the school during that time.

RMM: Have they changed active shooter preparedness plans among schools?

SS: By the time law enforcement arrive on scene during a mass casualty incident, the damage has often already been done. The teachers and staff at the schools must receive training, understand the situation, make their own decisions and put action behind it. This will help mitigate mass casualties.

Active shooter preparedness plans change at times depending on the individual school, if they are private, or in a county with a large school district. The biggest hurdle I find in the change in policies is the lack of knowledge and experience. Generally speaking, the “active shooter” concern has not been in school or corporate safety plans for very long. Most administrators tasked with providing training and updating safety plans for this type of threat were never in a formal “lockdown” drill when they were students, themselves. Recognizing this, they rely on the experts for guidance and training to provide them with realistic policies, training and a drill plan for their staff.

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RMM: What are the potential risks or benefits of arming teachers?

SS: The perception of every teacher being armed in our schools is not yet a reality in this country. There are alternatives to arming teachers in classrooms. One that immediately comes to mind is training.

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A teacher with no previous training will have to incur at least two weeks of firearm training and even more tactical training on how to respond to these incidents. This will take time and money, which is usually hard to come by in any school or business.

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Other alternatives that meet safety needs have been discussed and approved in many districts. Schools have hired police officers in their cities to work off-duty employment. This would be my first recommendation because officers are trained and obligated to respond to this threat.

RMM: What are the factors risk professionals should consider when choosing a preparedness plan?

SS: All facets of security are important, such as structural hardening and security upgrades, but if we are building a foundation for active threat preparedness, our recommendation is to follow our model of Policy-Train-Drill.

In order to respond appropriately to a threat on site, every individual needs to understand how to make decisions for themselves and put action behind it. Time is not on our side when it comes to this type of crisis and people, in general, have stood by to wait for direction and instruction when there is an emergency. In these incidents, delayed responses can equate to mass casualties. Therefore, putting the response plans on paper, training all staff, and conducting drills are where we find the best starting point for active threat preparedness.

RMM: When hosting an event, what can risk managers do to avoid a shooting like the recent one in Jacksonville?

SS: If an incident gets to the point where an attacker is carrying out their plan, it does not mean the hosting site failed. In some instances, indications of a threat are not clear or available, making intervention efforts difficult. We can prepare beforehand for a possible threat.

  • My first recommendation would be to meet with the local police department and inform them of the event. Request to pay for a detail officer to be on site. The number of hired officers would depend on the projected number of attendees. The officer’s presence alone could deter an attack.
  • I would also request to have a meeting with the police supervisor that would be working the day of the event and share the floor plans and emergency procedures with all contact information, so law enforcement and fire would have everything they need in case of an emergency.
  • If there are no police available on that day, consider hiring armed security officers to be on site.
  • Inside the event site, install a security checkpoint with bag checks or security wands being utilized to ensure no weapons are being brought into the event. Depending on the event, prior notice can be communicated that a strict “no-bag policy” will be enforced.
  • Meet with staff beforehand and establish a “safety team” that will discuss vulnerabilities and how you will remedy them.

Regardless of the event, security must be the utmost priority and will at times feel inconvenient for the guests, but the old saying, “Safety first” is how we need to think and prepare in today’s world.