Category Archives: Safety

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Lava Threatens Hawaii’s Land, Economy and Ecology

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Activity from the Kilauea volcano on the island of Hawaii, in Lava Zones 1 and 2—deemed the most dangerous of the island’s nine zones—continues into its third week. As previously reported, aftershocks, lava flow and lingering hazardous fumes in Lanipuna spilled into nearby areas. About 1,800 people living in surrounding neighborhoods were ordered to be evacuated earlier this month by Hawaii County. The one serious injury reported was of a man sitting on this front porch, who sustained a leg injury caused by lava splatter.

Experts warn that more powerful explosions may follow the 30,000-foot ash cloud that engulfed the sky on May 17. Since then, breathing masks have been distributed to local residents and workers.

On May 18, the Hawaii Tourism Authority (HTA) issued a press release aiming to quell fears about safety on other parts of the island. The statement explained that the only affected region is “a remote area along the Lower East Rift Zone on the island, Kilauea Summit and surrounding areas.” The steam and ash outbursts from Halema’uma’u crater are occurring in Hawaii Volcanoes National Park, which is about 40 miles from the Lower East Rift Zone. This is a natural occurrence as rocks fall into the crater and magma interacts with groundwater.

An “aviation red alert” was issued last week due to the potential that aircraft routes could be impacted by the ash, but flights and normal operations have apparently not been impacted and the HTA maintained that there is “no reason for visitors planning a trip to the Hawaiian Islands to change or alter their leisure or business travel plans.”

Reports indicate, however, that as of last week, cancellations from May through July added up to at least $5 million and bookings for hotels and other outdoors activities have declined by 50%.

And while the tourism and transportation industries are integral to the state’s economy, the risk to its ecology is becoming more evident and immediate. In addition to the falling ashes, air near the site contains sulfur dioxide, which some breathing masks cannot protect against.

Several fissures combined created two lava flows that have entered the ocean off Highway 137 near MacKenzie State Park, according to the Island of Hawaii’s Civil Defense. Highway 137 is a critical stretch along the coast that is the site of several problems for residents. A two-story lava wall emerged on parts of the highway, essentially cutting off a portion of the escape and evacuation route. Authorities have since opened an alternate escape route via Highway 11, which was blocked by almost a mile of lava in 2014.

The lava oozing into the Pacific Ocean has short- and long-term effects on the local ecology. While it is certain to harm or repel marine life, the chemical reaction when mixed with water also affects the air.

A Hawaii county spokesman said recently:

“The lava has entered the ocean. Be aware of the laze (lava haze) hazard and stay away from any ocean plume. Laze is formed when hot lava hits the ocean sending hydrochloric acid and steam with fine glass particles into the air.

As one can imagine, since the laze is in the air, lungs, eyes and skin are particularly susceptible to irritation and it can change direction quickly since it travels with the wind.”

Information on ash hazards and how to prepare for ashfall can be found here.

Although the K volcano has been active for decades, this most recent surge in activity could be attributed to the 6.9-magnitude earthquake on May 4, the strongest quake to hit Hawaii in more than 40 years. The earthquake was one of hundreds to be felt recently on the Big Island, although none of them caused any notable threat to life or property.

Hawaii Volcanic Activity Reinforces States’ Need for Catastrophe Planning

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Recent volcanic activity in Hawaii has turned national attention to emergency preparedness planning. As previously reported, the Kilauea eruption lessened but caused aftershocks, lava flow and lingering hazardous fumes in nearby areas. About 1,800 people live in the area, which was ordered to be evacuated last week by Hawaii County. No deaths or injuries have been reported.

On May 9, two more actively erupting fissures from the Kilauea volcano opened near Lanipuna, a neighboring community to the already affected Leilani Estates. Fox News reported that first responders went door to door to ensure everyone in the community was safely evacuated. At least 14 fissures are now open from Kilauea—considered one of the world’s most active volcanoes—with some releasing toxic gases and others spewing lava, at times at least 200 feet into the air.

Hawaii Gov. David Ige signed a Presidential Disaster Declaration request, asking President Donald J. Trump to declare the state a major disaster as a result of the ongoing seismic activity. Gov. Ige also requested assistance from the Federal Emergency Management Agency (FEMA), citing the unpredictable nature of the volcano, the number of structures destroyed, and the fact that residents may be unable to return to their homes for an undetermined amount of time.

Gov. Ige said in his Presidential Declaration request:

As more fissures open and toxic gas exposure increases, the potential of a larger scale evacuation increases. A mass evacuation of the lower Puna District would be beyond current county and state capabilities, and would quickly overwhelm our collective resources. Federal assistance would be necessary to enable us to successfully conduct such large-scale operations.

CBS reported that many people in the affected communities live in “lava zone one,” a high-risk area. Lava insurance doesn’t exist and homeowners’ insurance is very expensive, so some are going to be left on their own to try and rebuild.

With all these events, however, visitors to Hawaii.gov will find very little, if anything about the volcanic eruption on the state’s homepage [see screenshot]. Instead, there is much about the mild weather and announcements of a groundbreaking ceremony for a road pavement rehabilitation and the modernization of its payroll system. All-in-all, it’s difficult for the public to gage imminent dangers, such as the dangers of molten lava on the site. Visitors, as well as residents, need to navigate to the Residents Page to find the Emergency Information.

What Other States Can Learn
While volcanic eruptions may be relatively infrequent in the continental United States, the threat exists: There are 169 active volcanoes in the U.S., and 54 of them are considered high threats by the United States Geological Survey (USGS). Washington is one state that is proactive in its planning, and May just happens to be when it observes Volcano Preparedness Month. Washington has had five active volcanoes: Mount Rainier, Mount Baker, Mount Adams, Glacier Peak, and Mount St. Helens. The latter volcano erupted in 1980 and demonstrated the disaster potential of volcanoes, causing an estimated $31 million in insured losses. That eruption killed 57 people and left dramatic changes to the landscape. It undoubtedly impacted state officials, who regularly include environmental and natural disasters in their strategic plans.

King County, Washington is in close proximity to these volcanoes and has a page dedicated to volcanic activity. It explains how its active volcanoes pose different threats from Hawaii’s:

Unlike Hawaiian volcanoes that ooze molten lava, volcanoes in the Pacific Northwest are known for sending choking ash, hot rocks, and poisonous gases high into the sky. Lahars, which are deadly mixes of hot mud, ash, and other debris, are also a big concern.

It also advises how residents and businesses should prepare and react in the event of an eruption. After ashfall:

  • Wear goggles to protect your eyes and long-sleeved shirt and pants to protect your skin.
  • Clear roofs and rain gutters of ashfall. Ashfall is very heavy and can cause buildings to collapse. Use extreme caution when working on a roof.
  • Avoid running vehicle engines. Driving can stir up volcanic ash that can clog engines, damage moving parts, and stall vehicles.
  • Avoid driving in heavy ashfall unless absolutely required. If you must drive, keep the speed down to 35 MPH or slower. Be prepared to change oil, oil filter, and air filters frequently (every 50 to 100 miles in heavy dust and every 500 to 1,000 miles in light dust).
  • As much as possible, keep ash out of buildings, machinery, air and water supplies, downspouts, storm drains, etc.

In 2017, King County co-hosted a climate change resiliency summit with the United Kingdom’s consulate to assess the physical geography and explore better emergency preparedness plans.

Risk Manager of the Year Honor Roll Member Jennifer Hills already had natural disasters on her radar. The director of risk management for King County, Hills is continually learning about the practical threats of a natural disaster and the county’s resiliency.

“We’re now looking at where emergencies and climate change should be on our risk register,” she told Risk Management magazine earlier this year, adding that she frequently collaborates with the county’s climate change and emergency management offices. “There’s a lot we’re understanding about King County’s exposures to natural disasters and we’re planning for those risks and how to mitigate them.  There’s a lot of untapped resources we may need to open.”

LIRR Misses Critical Juncture for Positive Train Control

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Last week, the Long Island Rail Road (LIRR) confirmed interruptions in its ability to fully install positive train control (PTC) across its system by the end of the year. Newsday reported that the LIRR system, which is a unit of the Metropolitan Transportation Authority’s (MTA) network, failed 16 out of 52 factory tests performed in early March using a computerized simulation of the new technology.

Although its PTC contractor continues to investigate the cause of the failures, MTA officials said they believe it stems from the complexity and density of the LIRR, which is the busiest commuter railroad in the country averaging more than 311,000 daily riders.

PTC is designed to eliminate human error by using four components: GPS satellite data, onboard locomotive equipment, the dispatching office and wayside interface units. The system communicates with the train’s onboard computer, allowing it to audibly warn the engineer and display its safe braking distance based on its speed, length, width and weight, as well as the grade and curvature of the track, according to railroad operator Metrolink.

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If the engineer does not respond to the warning, the onboard computer will activate the brakes and safely stop the train.

An approved PTC System must protect against:

  • Passing a stop signal.
  • Train-to-train collision.
  • Overspeed on curves and other civil restrictions.
  • Unauthorized incursions by a train into a work zone.

The installation began in January as part of a $1 billion safety upgrade, although it had been on the LIRR’s strategic plans for years. So far, substandard testing results are not instilling much confidence that PTC will be complete by the federal deadline of Dec. 31, 2018. If that deadline is missed agencies without properly-installed PTC may face fines of up to $25,000 per day, as enforced by the U.S. Rail Safety Improvement Act of 2008.

MTA Board member Neal Zuckerman told Newsday he is less concerned about meeting a federal deadline than he is about “having a system that works for riders.”

“It is better to have this right than fast,” Zuckerman said. “A nonfunctioning system is not worthwhile. It’s a waste of money and time and ultimately will not serve the needs of the riders.”

The LIRR is not the only major transit system to be missing the mark. Risk Management Monitor reported on Amtrak’s struggle to meet the deadline in February and that by the end of 2017, only 8% of NJ Transit’s locomotives and none of its tracks were updated with PTC.

Efforts to upgrade train technology has been a nationwide priority. There have been a number of accidents in recent years. The most recent was a major derailment occurring on Dec. 18, 2017 when an Amtrak train derailed near Tacoma, Washington, killing three passengers and injuring about 100. That crash was the result of excessive speed in a steep curve, which experts suggested could have been prevented with PTC’s automatic braking technology. Amtrak Train No. 501, on its inaugural run, was traveling 80 miles per hour in an area limited to 30 miles per hour when it derailed on an overpass, sending the train’s 12 coaches and one of its two engines careening onto the highway below.

As previously reported in Risk Management, a similar derailment in Philadelphia in May 2015 that killed eight, was also blamed on excessive speed and could have been avoided if PTC had been in place.

After Congress passed the PTC Enforcement and Implementation Act of 2015 it also authorized the FAST Act, which allocated $199 million in PTC grant funding and specifically prioritized PTC installation projects for Railroad Rehabilitation and Improvement Financing funding. The Association of American Railroads estimates that freight railroads will spend $10.6 billion implementing PTC, with additional hundreds of millions each year to maintain.

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 The American Public Transportation Association has estimated that the commuter and passenger railroads will need to spend nearly $3.6 billion on PTC.

Prescription Opioid Risks to the Workplace Explored at RIMS 2018

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SAN ANTONIO – When the White House declared opioid use a national Public Health Emergency under federal law in 2017, businesses began reviewing their policies and making efforts to curb their employees’ abuse of the drug in its prescribed form. This escalating risk to organizations is why the business impact of prescription opioid use was such a hot topic at RIMS 2018, where a session on April 17 focused on the practical and bottom-line costs of workforce use of prescription opioids. In a session the next day, attendees learned how liability policies are responding to government-led lawsuits against opioid manufacturers, and how to prepare for similar suits brought against other industries.

New Insights into the Impact of Opioid Prescribing to Injured Workers
Data displayed on Tuesday explored opioid-related correlations between worker, industry and employer. Presenters John Ruser, president and CEO of the Workers Compensation Research Institute (WCRI) and Michael Fenlon, senior director of corporate risk management for United Parcel Service (UPS) discussed opioid-related claims and suggested evidence-based information that can encourage a return to work without the prescriptions.

The effectiveness of prescription drug monitoring policies (PDMP) was explored, and Ruser explained that a reactive shift among prescribers has meant that states obligated to adhere to these policies have fewer prescriptions written.

“This shows that the more queries there are, the bigger the drop in opioid prescribing,” he said, using Kentucky as an example of a successful PDMP. He added that Kentucky’s HB1 law mandated the use of the PDMP and has set a standard among states since it was enacted in July 2012. Between 2011 and 2013, WCRI information indicated a 10% decline in prescriptions in the state, whereas prescription levels were flat in others that did not have comprehensive opioid reforms.

Fenlon said that when he learned in recent years that opioid overdoses—almost half of which arise from prescriptions—surpassed car accidents as the number one cause of accidental death, he realized the severity of the issue and its impact on the UPS workforce.

“Once someone gets to that third or fourth script, you can see how it leads to a vicious cycle,” he said. “We need to take ownership of this—in the workers comp space as well as the healthcare side.”

He noted that UPS’ overall pharmacy spend is about 7% of its total medical costs per year for lost-time (LT) patients, with opioids comprising about 22% of that amount. UPS employs more than 454,000 workers, and Fenlon said the company continually pays close attention to the LT patients who are the higher-risk group, with three or more scripts. He added that the collaboration of drug formularies, third-party administrators and UPS case supervisors has contributed to the 44% decrease of the higher-risk group between 2013 and 2017.

Both presenters conceded, however, that injured workers will likely get the medication they need, even if it is not in the form of opioids. “Those who are worried about pain management are noticing the trend in the decline of opioid prescriptions in some areas and ask: ‘What’s the alternative?’” Ruser said. “While there was a drop in that drug, there was an increase in the amount of NSAIDs [nonsteroidal anti-inflammatory drugs]. Clearly, that’s what these prescribers are shifting to, so it’s not that these injured workers are not receiving pain meds.”

Members may access this PowerPoint presentation by logging in at the RIMS 2018 session handout page.

Opioid Lawsuits: A Tsunami of Litigation and Associated Coverage Issues
The topic shifted from boardrooms to courtrooms the next day, as current and pending multidistrict litigations filed by various governments (local, city and state) were examined. Covington & Burling LLP Partner Anna Engh and Marsh Managing Director John Denton (pictured below) discussed insurance policies’ responses to lawsuits and provided insight as to how to prepare should similar suits be brought against other industries.
Manufacturers, distributors, retailers, prescription benefit managers, doctors and clinics are all seemingly in the crosshairs of local municipalities and governmental entities, Engh noted.

“The main focus against the manufacturers is of alleged misrepresentation of the addictive nature of opioids. With respect to the distributors, it is the failure to report and detect suspicious orders, or failing to have controls in place for their diversions,” Engh said. “You’ll see negligence pled in different ways, like common-law negligence, and also pled as violations of states’ controlled substance acts.” She added that public nuisance and RICO claims (Racketeer Influenced and Corrupt Organizations Act) also appear on the dockets.

With nearly 500 claims against pharmaceutical companies, distributors and pharmacies consolidated in Ohio alone, Denton said that the volume of work involved is daunting for insurance, risk and legal professionals.

“That’s thousands of pages of pleadings coming in every month. It’s a very difficult burden,” he said. “I think a lot of companies are tendering them to as many policies as possible. Hopefully, a lot of insurance carriers will be understanding of this. And a lot of this will be sorted out later, either through discussions with the carriers or litigation.”

Denton added that because there is no federal judicial precedent on insurance suits, the progress on such matters will continue to be slow.

“Insurance coverage issues are typically an issue of state law. And with lawsuits in nearly every state, it would be nice to have a [United States] Supreme Court decision on some of these coverage issues, and that would bind everybody,” he said. “But the reality is that’s not going to happen. There will be decisions in multiple states so it may take some time before these issues get sorted out.”