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Prioritizing Risk Management Strategies in Schools

safety
No matter what precautionary measures schools take, there are many risks and “fires” that need to be put out on a daily basis. To keep staff and students safe and to protect school assets, a proactive approach to mitigating risk in schools is a necessity. The keys to a successful risk management program include careful, strategic planning while taking all relevant and potential factors into consideration, but how can administrators get started?

By identifying potential risks and applying a process to assess them, schools can focus on their objectives more clearly, including top priorities like student and employee wellbeing. Effective risk management reduces the disruption of a student’s education, damage to a school’s reputation, lost time, stress from managing incidents, and the potential risk of legal intervention in an increasingly litigious world. School administrators can explore these strategies as they strive to enhance their risk management initiatives:

Focus on greatest risks and exposures
The concern about lawsuits is ever present, but schools cannot operate under the pretense that litigation is going to happen. They instead must conduct their business for the safety of students and staff. If schools operate under fear, their risk management efforts will simply not be as effective as planned.

Administrators must also consider relevancy. In the private sector, risk management has a large seat at the table, whereas in the public sector that is not always the case. Depending on priorities, some issues that play a vital role within the public sector may not be relevant in the private sector. Identifying the relevance of issues often determines where and how money is spent in a school district, however. District-wide funding can be one of the biggest issues administrators face.

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Districts encounter daily challenges to come up with the right resources available to train staff—especially when it comes to implementing technology. Administrators must make tough decisions when considering funding realities and the need for as much risk management coverage as possible. They need to maintain a balance when money is at stake, as they are only able to make decisions based on the amount of funds available to them.

Focus on what effective training can offer a school faculty
Safety training for school and district staff should play a huge part in every risk management strategy, as well as ensuring the district is in compliance on a state and federal level. Safety training has a trickle-down effect, and if provided at the appropriate level of training, administrators will see a significant effect in reduction of accidents, damage to buildings and costs overall.

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There is always work to be done when it comes to improving school safety and collaboration is a big part of a program’s success. Some of the issues schools now face are different than the concerns of decades past, so providing training and resources to staff can make a difference in helping them understand how to handle a number of situations that could arise.

Technology resources can help with this. Online databases, such as SafeSchools Online Staff Training System, for example, allow school districts to distribute quality training to all employees. This is an effective and way to track and share information on safety and compliance issues that could arise in the classroom or school. The digital database also serves as a proactive approach to training.

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Having an online database enables staff to train in school or at home, and ensures that everyone has the necessary training to handle a situation before it occurs. In the end, by deploying an online safety training system, the district is saving money and time and will be more proactive in handling issues.

Focus on training early on—and take it seriously
First and foremost is tackling the issue of rallying everyone to take safety and compliance issues seriously. Risk management is not a job for one person. It starts with everyone in the school district, from administrators and the school board to principals, teachers, grounds staff and even students. Everyone needs to think of safety and practice mutual accountability within the school community.

Final Thoughts
Risk management may take a back seat when funding is low, giving the impression that it isn’t important. For the sake of their staff and students, however, district-level administrators need to be on board with risk management and make it a priority. In schools, educating students is the main concern, and risk management is secondary. But just like in a factory where posted signs read “safety first” or “safety is number one,” our goal is to get schools to think of safety and its importance to the school in the same way they think of education.

Protecting Key Executives in Global Hot Spots

The recent suicide bombing in Istanbul and the Paris bombing last November killed and injured innocent bystanders and sent shockwaves around the globe. Such attacks also cause organizations to question international travel out of fear of putting their key executives and employees in harm’s way.global travel

As the risk profile changes in some locations that were once considered safe, it is critical to reassess and more deeply examine company programs to protect business travelers abroad.

First of all, for companies and their insurance advisors, there is no substitute for great advance planning. If a company is contemplating overseas travel and can establish well in advance that there exists a need for key person insurance, the coverage is easier to obtain and more cost effective. The reality is that the heightened awareness around a dangerous trip often results in an insurance need being developed or uncovered with little notice. When this need arises, the underwriting process migrates from the traditional life and disability insurance market to the playing field of high limit or specialized risk underwriters.

In one notable example, a large U.S. company recently made a significant investment in a defense contractor. Shortly after the investment closed, the company named a new chief executive officer and sought to acquire $50,000,000 of key person life and disability insurance.

As of the day of the request, their insurance advisor had eight business days to secure the insurance before the CEO departed for the Middle East, with stops in such international hot spots as Iraq and Afghanistan. Because of the abbreviated time frame, traditional life and disability insurance was not an option. The advisor needed to turn to a specialty underwriter that deals with exceptionally large and complex human capital risks.

Armed with the CEO’s itinerary (see below) and details of the executive’s compensation and equity incentive agreement, the advisor had enough information to present the submission to the underwriters.

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Within 72 hours, a policy was issued that covered the private equity firm’s loss of the CEO directly due to an accidental death or disability, as well as a result of acts of war or terrorism.

Few domestic life and disability carriers possess the ability to underwrite large risks when there is high-risk exposure in the world’s hot zones. Instead, companies and their brokers must work with large international insurers that are willing to deploy meaningful capacity.

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The easiest way for advisors to access these markets is through an experienced U.S.-based correspondent who is skilled at designing and underwriting coverage in these volatile locations. Local correspondents or managing general underwriters also serve to guide brokers through the regulatory complexities that go along with underwriting risks through surplus lines carriers—something most life and health producers have little experience with.

The best brokers are masters at uncovering details from their clients, documenting them and communicating them effectively to underwriters. A well-written cover memo will often be the basis for offering coverage and can be the primary source for pricing consideration. A complete itinerary coupled with security details are the underwriter’s key points of interest, so make sure the information is gathered and communicated as early as possible.

Frequently, specific plans will be classified when working with international defense contractors, but one way or the other, the basic information must be made available. When underwriting coverage in highly hostile areas, rates can vary based on multiple factors, such as security arrangements, travel vendors, length of stay and, in highly hostile areas, rates even vary down to specific latitude and longitude coordinates, often within a single city or locale.

No detail is too small for spelling out the need for the insurance and financial justification, including the purpose of the trip and the client’s specific duties and objectives. This is the information that sets apart a submission and makes it more likely for an underwriter to go out on a limb with preferential pricing and terms.

Keep in mind, when underwriting risks in highly volatile areas—with the propensity for rapid deterioration—it may not be possible to negotiate coverage or a rate guarantee for the entire duration of the client’s journey. It is essential to keep in mind that the best underwriting offers go to advisors who deliver the most detailed and accurate information.

Example of a CEO’s itinerary:

Day 1 – Depart Commercial Air for Dubai

Day 3 – Arrive in Baghdad, Iraq – Transport to Camp Butler

Day 4 – Depart Baghdad and arrive in Dubai

Day 5 – Depart Dubai arrive Kabul, Afghanistan – Transport to Camp Gibson

Day 6 – Fly to Kandahar, Afghanistan

Day 7 – Depart Kandahar, Afghanistan – fly to Abu Dhabi

Day 12 – Depart Abu Dhabi for U.S.

It is important that we don’t allow acts of terrorism to knock the wheels off our economy. Business travel and face-to-face meetings are key elements in making us what we are, so it’s imperative that we mitigate the associated risk whenever possible.

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The Hidden Risks in Your Construction Fleet

There are some very important risks in your construction fleet that you may be overlooking.

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Independent contractors can introduce risks and your employees using their personal vehicles could pose other hidden exposure to your business. These are two top issues to be aware of, and here are some suggestions for mitigating them.

Independent Contractors

If you hire independent contractors, you could be sued for their actions in relation to a vehicle accident that they cause while working for you.

To reduce this exposure, ensure that each of your independent contractors has a valid auto liability insurance policy. Make sure the policy is in force throughout the duration of their contract with you. Additionally, be sure that their insurance carrier is financially stable. You can verify the insurance carrier’s financial strength at www.ambest.com.

Also, obtain a valid certificate of insurance from each contractor at the outset of your engagement and verify that coverage exists with their insurance agency. You can do this by looking up the insurance agent listed on the certificate on a web search engine and call the number that you find online to verify coverage. This will help to ensure that the certificate is valid and avoid potential certificate fraud.

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Contractors sometimes obtain coverage to meet your contract requirements and then cancel the policy shortly thereafter.

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To prevent this and reduce the resulting risk, be sure to re-check coverage at certain intervals.

We recommend that they do an initial certificate check around day 45, as many cancellations for non-payment happen after the first 30 days of coverage. Then check again around days 90, 180 and once more before the contract anniversary.

Employee use of personal vehicles

Many construction companies allow their employees to use their personal vehicles in the course of their employment. For example, some office employees may run company errands in their own car, or your sales representatives might use their own personal vehicle.

driving recordWhile it’s not a great idea to allow your employees to use their personal vehicle for work, this practice is a business reality. You can reduce this loss exposure by ordering a copy of each potential driver’s motor vehicle record annually.
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This review should also include anyone who has access to a construction fleet vehicle that is owned or operated by your company.

Doing this can help you protect your company from the financial impact of being sued by employees using their own vehicles for work.

Be sure to have adequate hired and non-owned liability insurance coverage on your automobile liability policy as well.

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Your insurance agent can verify if you have these coverages in place.

The Dos, Don’ts and Maybes of Social Media

Social mediaIt takes one second to send a Tweet or Instagram post onto the internet for all to see. But for companies active on social media, the legal ramifications of those 140 characters or that one photo can last a whole lot longer.

At a recent seminar in New York, lawyers and communications professionals representing some of the world’s most famous brands learned a lot about the dos and don’ts of social media for companies, specifically companies interested in pushing boundaries but avoiding lawsuits. Perhaps more importantly, they learned a lot about the maybe dos and maybe don’ts through several real-world examples.

“When you get it wrong, it comes with a lot of implications,” said Maggie O’Neill, managing director and partner at strategic communications firm Peppercomm, which recently co-hosted the event with Davis & Gilbert LLP.

Sue Me, Maybe?

O’Neill and her counterpart, Davis & Gilbert marketing and promotions partner Allison Fitzpatrick, brought up one of the more famous “maybe don’ts” in recent memory: Peyton Manning’s proclamation after Super Bowl 50 that his first order of business was to “drink a lot of Budweiser,” setting off a social media firestorm.

“This had the potential to really blow up into something legal,” O’Neill said. After all, Manning isn’t a spokesman for Budweiser, but he does own several Budweiser distributors. The appearance of “free” advertising if, say, an implicit agreement between the two parties was in place, would have been a no-no, and the fact that it’s not common knowledge that Manning owns those distributors makes it a “maybe no-no.” Adeptly, a Budweiser communications pro tweeted that, while the brewer was “surprised and delighted” at Manning’s off-the-cuff endorsement, “Budweiser did not pay Peyton Manning” for it. While that tweet doesn’t guarantee Budweiser’s immunity from a government lawsuit, it certainly represents a skillful handling of the situation.

Know Your Subject

Not all companies have been as adept, O’Neill and Fitzpatrick pointed out. The Duane Reade chain famously got sued by Katherine Heigl after tweeting an unflattering photo of the actress coming out of one of its pharmacies carrying bags. Heigl sued for $6 million, claiming the company violated New York State and federal laws that protect the use of a person’s likeness for trade purposes. She eventually dropped the suit, but it made the kind of headlines Duane Reade – and most companies – never want.

Fast-food chain Arby’s, on the other hand, got universal kudos for its tweet about the hat worn by rapper Pharrell Williams at the 2014 Grammy’s, which looked similar to the one on the Arby’s logo. “Hey @Pharrell, can we have our hat back,” Arby’s tweeted, with the hashtag #GRAMMYs. Pharrell was a good sport about it, and when he eventually put the hat up for charity auction on eBay, Arby’s announced via Twitter that it was the party responsible for the $44,100 winning bid.

“The best part is, Pharrell did not sue,” Fitzpatrick said at the panel. But, she added, “it doesn’t mean there’s no risk.” One quick and easy first step, according to Fitzpatrick, is to do a quick Google search to “see if they’re litigious or not.”

Copyright Law in the 21st Century

For brands active on social media, copyright law is another consideration. Being mindful of trademarks like “Super Bowl” and “NCAA” while tweeting about events can save companies a lot of money from potential legal woes.

For instance, when TGI Friday’s pushed boundaries by petitioning the International Olympic Committee to make bartending an official sport, lawyers were kept in the loop to make sure the campaign garnered media and public interest on traditional and social media but didn’t cross any copyright law lines.

What’s next?

With technology constantly changing and regulators scrambling to adapt to those changes, Fitzpatrick said the next frontier could be regulatory action against celebrity spokespeople. It’s generally known around the world that Nike endorses Tiger Woods, but what if a celebrity whose endorsement deal is lesser-known doesn’t disclose the relationship in a tweet? This could be the next major question the Federal Trade Commission starts asking.

Key Guidelines

Fitzpatrick offered a few general guidelines that companies can follow.

  • When using hashtags, be careful not to suggest an endorsement or association between your brand and the event, unless there actually is one.
  • The more the merrier. See if other brands are tweeting about the event. If they are, chances are your legal risks are lower.
  • There are a lot of work-related reasons to follow, a brand, on social media, so most experts think a simple follow is probably okay. A “like” or a “share” could be a little dicier.
  • When in doubt, research, confirm, and speak to legal.