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New Distracted Driving Data Shows Emergency Responders At High Risk

April is Distracted Driving Awareness Month, and the National Security Council (NSC) released new data this week that explores added transportation risks when emergency responders are en route to provide aid. It is clear that the mere presence of emergency personnel on the road can cause distractions for drivers and bystanders. To date, 16 emergency responders have been struck and killed by vehicles this year in the United States.

According to a survey released jointly by the NSC and the Emergency Responder Safety Institute (ERSI), 16 percent of respondents said they either have struck or nearly struck a first responder or emergency vehicle stopped on or near the road. Yet still, 89 percent of drivers say they believe distracted motorists are a major source of risk to first responders.

Key findings included:

  • 71% of drivers take photos and text while driving by emergency responders on the side of the road (this drops to 24% under normal driving conditions)
  • 60% take time to post to social media and 66% email about the situation
  • 80% admit to “rubbernecking” – that irritating, but also risky, practice of slowing down all traffic to get a better look
  • 49% say that possibly being struck by a vehicle is “just part of the risk” of being a first responder

As part of its #justdrive campaign, NSC has developed a free Safe Driving Kit to help employers keep their workers safe and is hosting a webinar on April 23, titled “You’re Not As Safe As You Think You Are,” to educate employers on the real risks of distracted driving and what safety-forward companies are doing to combat them.

“The cruel irony is, we are putting the people who are trying to improve safety in very unsafe situations,” said Nick Smith, interim president and CEO of the NSC. “Our emergency responders deserve the highest levels of protection as they grapple with situations that are not only tactically difficult but also emotionally taxing. Save your communications for off the road; disconnect and just drive.”

Already on the NTSB’s List

Earlier this year, Risk Management Monitor reported on the National Transportation Safety Board’s (NTSB) Most Wanted List of transportation safety improvements for 2019-2020, and “Eliminating Distractions” for all vehicle drivers is at its top.

In 2016, more than 3,100 fatal crashes on U.S. highways were attributed to driving-while-distracted. These crashes involved 3,210 distracted drivers, according to the National Highway Traffic Safety Administration (NHTSA), because some of them involved more than one distracted driver. Furthermore, the Virginia Tech Transportation Institute concluded that commercial drivers are at extremely high risk of a crash when texting—23 times greater than when otherwise engaged.

The NTSB states:

Contributing to the problem is the widespread belief by many drivers that they can multitask and still operate a vehicle safely. But multitasking is a myth; humans can only focus cognitive attention on one task at a time. That’s why executing any task other than driving is dangerous and risks a crash.

Personal electronic devices (PEDs), such as cell phones, are one of the greatest contributors to driver distraction and the NTSB recommends banding all PED use on U.S. roadways. The District of Columbia and 37 states restrict the use of cell phones by novice drivers, and 47 states, DC, Puerto Rico, Guam, and the US Virgin Islands ban text messaging for all drivers.

 

Recent Apparent Suicides Highlight Need for Post-Violence Recovery Plans

Three apparent suicides that occurred in late March reaffirmed the need for post-incident plans that address long-term trauma in the aftermath of workplace violence and mass shootings.

All three decedents had either survived a school shooting or had been related to a victim. Two youths who survived the Marjory Stoneman Douglas High School shooting in Parkland, Florida died by apparent suicide just 13 months after a former student killed 17 and injured several more. Shortly after, it was reported that the father of a child killed in the 2012 Sandy Hook Massacre–in which a gunman killed 26 children and adults in a Connecticut elementary school–allegedly died by suicide.

As of March 31, 2019, the Gun Violence Archive confirmed 68 mass shootings for the year, and with statistics sure to rise, companies and institutions should be mindful of the delayed effects of workplace violence. Risk Management Monitor previously reported the number of suicides in the United States has risen in nearly every state between 1999 and 2016. Employers may use these tragedies to reconsider their own prevention and awareness efforts, and ways they can productively contribute to the dialogue and keep their workers safe.

Paul Marshall, managing director of Active Shooter and Workplace Violence at McGowan Program Administrators said post-incident trauma counseling is critical when it comes to preventing or reducing long-term effects.

“The trauma counseling for the mental anguish needs to be aggressively pushed, almost like the way post-traumatic stress disorder is for first responders,” Marshall said.

Counseling for physical and non-physical injury survivors and witnesses is something that could be missed when drafting a premises or employer liability policies, he said. In fact, Risk Management magazine reported that companies may not be aware of potential gaps in their coverage or that the limits of their coverage, when considering active shooter incidents, are insufficient.

Marshall said that instead of a duty to defend when it comes to a commercial general liability policy, insurers can address long-term trauma with a duty of care clause. This, he said, demonstrates an employer’s willingness to help victims from the outset.

“There’s a typically a year limit on these policies – in the insurance industry you need to apply some sort of time limit,” Marshall said. “But it’s still a year longer than you’d otherwise get. And there has been a huge uptick in these policies from a year ago.”

#BeThe1To is the National Suicide Prevention Lifeline’s campaign to empower people to help those in crisis.

How Employers Can Help

Addressing post-incident trauma in an insurance policy is important, but equally paramount is the need to ensure that employers make training available for affected employees – regardless of where the incident occurred. Regina Phelps, president of Emergency Management & Safety Solutions, said that post-incident crisis management protocols should be added to workplace violence preparedness plans. Therapy and grief counseling are critical details of those protocols.

“Always give co-workers the option of attending any funeral or memorial service for the victims,” Phelps said. “Be aware of employees’ feelings of guilt – some might feel that they could have done something to stop the suicide or perhaps the victim told them of their plans, and they dismissed the comments. Incidents like that will make co-workers feel like it is their fault. Engage your employee assistance program [EAP] to provide education and training about the suicide threat and the complexities of the situation. If appropriate, support employees who start a tribute or fund to support the worker’s family.”

Phelps said that regular post-incident training can be just as crucial as prevention.

“It is essential to conduct regular exercises with the individuals responsible for the plan and its implementation. This could include the organization’s crisis management team as well as key departments such as human resources, security, facilities and communications,” Phelps said. “Plans are written in a vacuum. During most incidents, plans are not pulled out and people instead operate on muscle memory.  Exercises are the best way to ensure that the muscle memory will be helpful.”

Finally, Phelps stressed that employers communicate that their EAPs are typically available to employees’ families as well.

“Providing mental health services to employees and their families is essential,” she said. “The incident will affect not only the employee but their families. Ensure that counseling services are very convenient – offering an option at work, off-site as well as virtually is essential to make sure that employees get the help that they need. It is also critical to provide these same services to their immediate family.”

For more about active shooter preparedness, RIMS members can access a new professional report, “Active Shooter Preparedness and Your Organization.” To download the report, visit RIMS Risk Knowledge library at www.RIMS.org/RiskKnowledge.

If you or someone you know might be at risk of suicide, here’s how to get help: In the United States, call the National Suicide Prevention Lifeline at 1-800-273-8255. The International Association for Suicide Prevention and Befrienders Worldwide also can provide contact information for crisis centers around the world.

Tackling Risk Management Contradictions in India

India is a country of nearly 1.3 billion, and according to the United Nations 2017 World Population Prospects, has one of the most robust working populations of people between 21 and 35 in the world. Should India’s risk management profession grow along with the country’s population (projected to eventually top China as the most populous), it will usher in an industry-wide change that we are only first catching a glimpse of now.

I have been involved with risk management (and related areas) in India for nearly 15 years. As an Indian, I do not believe we as a whole are naturally attuned to formal risk management. And I’m not alone in this belief, as Dr. Viswanathan Ragunathan, CEO and general manager of the Varalakshmi Foundation said during the RIMS Risk Forum India 2018:

“We are obviously a contradiction. We are, at once, eternal optimists and fatalistic. At one level you can relate to what I’m saying in that Indians do not take too much risk in their day-to-day lives. Yet anyone who has taken the Mumbai trains knows…it’s almost as if we have a death wish.”

That contradiction is symbolic of the state of the profession in India. One of the main challenges we will face is the evolution of the profession within a country and culture firmly rooted in tradition. Risk professionals in India need to constantly reinvent themselves to be seen as valuable to their organizations. Here are three tips Indian risk managers should be keeping in mind in order to provide value to their organizations. And while these suggestions might initially be unique to the region, they may also apply to the global risk management community.

Tip 1: Keep Systems Relevant. Apply the risk management system or process relevant to the business, otherwise, there is no motivation to follow it. An effective risk manager will know their organization from the inside out. Play to your strengths and address whatever weaknesses exist. This will require buy-in from the C-Suite, but demonstrating that it was selected with the company in mind will help sell it.

Tip 2: Know The New Philosophy. The broader outlook has changed from “risk management methodology,” (such as frameworks and templates) to a focus on the active driving of modification measures for key risks throughout the organization.

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This means creating “risk-based cultures” inside organizations–a global trend but one that doesn’t happen overnight. There’s no one right way to do it, but at its core, it involves embracing the position of “we” (the company) versus “the risk” (or external factor).

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You might even introduce the risk management system you selected from the prior step, depending on its accessibility.

Tip 3: Demonstrate Humility. There are several instances where a risk manager has acted on early warning signals and quickly mitigated the threat. Despite those successes, the risk manager’s role is not that of a figurehead and probably should not take full credit for all the results.

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Sharing the kudos among the CEO and stakeholders, as well as subordinates (if you’re fortunate enough to lead a team), satisfies the unwritten conditions of both the national and professional cultures.

Risks can arise from anywhere within or outside an organization. CEOs are not always as clued in as risk managers regarding what is emerging. Therefore, it is our job to implement ERM programs that facilitate scenario-based workshops. This will help the CEO and stakeholders identify and mitigate at least the “known unknowns”

Generally, if risk managers do their due diligence, then a situation will have been prevented from the outset. And if something is missed, then the famous Indian term, “Jugaad” helps us. But Jugaad is something for another post.

Four Reasons To Stay The Course With Captives

As the overall insurance market remains in a “soft” environment with rates generally decreasing, particularly in the workers compensation market, many captive participants might be questioning if now is the time to exit their captives and explore more traditional insurance options.

While this is an understandable response, one of the main reasons for creating your own or joining a group captive is a long-term commitment to a strategy of retaining risk in order to reduce costs over time.

Many companies historically turned to captives when insurance rates were high because they offered:

  • better control over claims handling and loss control efforts,
  • insulation from the cyclical swings and uncertainties of the commercial insurance marketplace, and
  • lower operating costs than conventional insurance models.

Additionally, there is a far greater return on loss-prevention and claim-mitigation investments. Though rates are currently dropping, here are four reasons why most business owners would still benefit from remaining with their captives.

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1. The Privileges Of Membership
Those companies that qualify are afforded benefits, including the possibility of reduced premiums and recouped savings over time. Keep in mind, one of the biggest drivers of value in being part of a captive means being insulated from future negative fluctuations in the market. Try not to lose sight of this, especially when rates drop and seem enticing.

2. No “Take Backs”
Leaving a captive can be costly, and reentry is not guaranteed. Companies considering the idea of leapfrogging from their captives while rates are low and then jumping back in when the rates increase may face hefty repercussions. This is particularly true for companies that are members of group captives, when it’s possible that other members of the captive may not accept them back, particularly if they were saddled with absorbing the exiting member’s share of losses.

3. Preparing For That Rainy Day
If you jump ship from your captive, you will most likely have lingering financial obligations if losses deteriorate for the whole group, and you could be on the hook for an assessment. By remaining a captive member, even if you are paying more in premium, you are adding money to cover a possible deficiency from prior years. If actual losses turn out to be better than projected, you can recoup—via dividends or reduced future premiums—a greater percentage of those savings than you could from traditional insurers.

4. Control Your Destiny
The market forces that are creating lower rates right now—such as decreasing medical costs or legislative changes that result in lower workers compensation costs—are also positively affecting captives. By staying with your captive, you can enjoy the upside of improvements in claims as your own losses go down, resulting in lower future costs and the possibility of recouping additional profits.

Overall, captives provide more control than traditional insurers through greater return on loss-prevention and claim-mitigation investments and through access to higher savings. Cheaper market rates can create an understandable knee-jerk reaction that may cause you to consider leaving your captive but remember your initial motives for joining. Captives are great alternatives to traditional insurer solutions, and staying the course will most likely work in your favor.