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Twist and Shout: Avoiding Workplace Injuries with Risktech

This week’s inaugural RIMS Risktech Forum highlighted many of the ways technology is changing how risk professionals approach their work, and the advantages of embracing new innovations. During the “What Can Risktech Do for Me?” panel, Mike Poulos of Marsh LLC, Jen Thorson of data analytics firm Modjoul, and Susan Shemanski, vice president of risk management for Adecco Employment Services discussed one of the practical applications of risktech—wearable workplace technology—to prevent injuries and unsafe behavior, protect workers, and mitigate liability for employers. In the course of normal business for many companies, employees in physically demanding jobs can twist, reach and otherwise strain their bodies in different ways that can lead to both immediate and long-term injuries.

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New technology offers a way to mitigate these risks.

After an overview of the general field of wearable risktech devices and their benefits, the panel discussed a real case of how a company implemented a program using belts that would track and collect data on employees’ movements, including twisting and reaching. The result, they said, was discovering multiple literal pain points for their employees and their company, and it may change how risk managers can root out and address risks like healthcare and insurance costs, employee health, morale and attrition, and even equipment costs.

For example, the panelists noted, one employee experienced pain when reaching bins on a bottom shelf as part of her work and even repurposed one of the bins as a stool for more comfort.

Another, whose job consisted of labeling packages, had to stretch to reach the label printer, aggravating their back in the process.

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The belts provided data showing these strains, and the company adjusted the employees’ work spaces to alleviate them. After gathering and analyzing the data from the belts, the company hired an ergonomist and conducted employee training to reduce unsafe conduct, even using the data to produce a new training video for incoming employees.

The panelists stressed communication as an essential part of the adoption process, and noted the importance of addressing employee concerns—including whether the belts would collect blood alcohol level or heart rate (no to both)—before implementing the program.

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To preempt privacy concerns and protect employees’ personal information, the company also anonymized the data the belts produced.

The benefits for companies from using this type of risktech are tangible and significant. Making work less dangerous for employees in physical jobs and reducing accidents and injuries can mean happier and healthier workers. This, in turn, can also positively affect productivity and attrition. Additionally, preventing workplace injuries can reduce healthcare costs, and companies can even sometimes use the data from wearable risktech devices to secure lower rates from their insurers.

As the panelists noted, in a tight hiring market, businesses may have to hire less experienced workers for physically demanding jobs, and monitoring physical movements can also help identify which employees may be doing dangerous things and need additional training. For example, ensuring that a relatively inexperienced forklift operator is not performing unsafe physical movements can prevent potentially catastrophic accidents that hurt the employee, the equipment, the company’s bottom line, and even its reputation.

Similarly, other panels at the forum showed how risk managers can use technology to address the risks their companies face, including utilizing artificial intelligence and machine learning, blockchain technology, and other innovative ways to harness data. For more information on how insurers and risk managers are using blockchain to change how they approach risk, check out the recent Risk Management articles “Can Blockchain Improve Insurance?” and “Strengthening the Links: How Blockchain Can Help Manage Supply Chain Risk.”

FIU Bridge Collapse Due to Negligence, OSHA Claims

According to a new Occupational Safety and Health Administration (OSHA) report, negligence from almost every party involved led to last year’s collapse of a pedestrian bridge at Miami’s Florida International University, killing 6 and permanently disabling one other. The pedestrian bridge project was supposed to pose lower risk of disruption thanks to a construction method called “accelerated bridge construction,” intended to minimize the time and risk involved on-site by performing much of the work off-site and then relocating it. Yet, according to the report, almost all parties involved shared some fault for the collapse, most notably FIGG Engineering-Bridge Group, the firm that designed the bridge.

On March 15, 2018, the bridge collapsed onto the street below, where multiple cars were waiting at a stoplight. FIGG Engineering-Bridge Group had designed the bridge and engineering firms Louis Berger and Bolton Perez and Associates provided additional design checks. Miami-based construction firm Munilla Construction Management (MCM) managed the bridge’s construction off-site and relocated it to the school using the accelerated bridge construction method.

OSHA says that FIGG produced a “deficient” design and the company’s attempts to seal cracks in the bridge led to its collapse.

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FIGG reportedly also ignored MCM workers’ concerns about the bridge’s growing cracks, saying that it had examined them and did not find anything troubling. Given this response from FIGG, OSHA wrote that MCM should have exercised “independent judgment with regard to implementing necessary safety measures” to address those growing cracks and close the street below. OSHA also said that the road should have been closed immediately as FIGG attempted to repair the crackswork that, as the Miami Herald reported, put additional stress on already-faulty and weak internal support cables.

According to the OSHA report, at a meeting with all construction participants on the day of the collapse, FIGG’s lead engineer “acknowledged that his computations could not replicate the cracks and, therefore, he did not know why the cracks were occurring.” Upon being told that the cracks were widening daily, he “stated more than once that the cracks did not present any safety concerns.
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” The engineer had also reportedly called the Florida Department of Transportation (FDOT) three days before the collapse to claim the same.

The report also calls into question Louis Berger’s independent review of the bridge’s designs, noting that the firm’s “constrained” budget and time led to deficiencies in the firm’s analysis, including not examining the post-installation construction phase, during which the collapse happened. OSHA said FIGG violated FDOT requirements by not requiring Louis Berger to conduct the full examination and failing to provide the firm with necessary documents.

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Bolton Perez and Associates was reportedly aware of the cracks in the bridge, but failed to follow DOT requirements to “exercise its own independent professional judgment,” and did not recommend that the street be closed.

After the incident, victims filed 18 lawsuits against 25 companies connected with the collapse, with depositions beginning in May 2019. According to the Miami Herald, MCM declared bankruptcy and in May, the judge overseeing its bankruptcy approved a $42 million insurance settlement for victims and their families. Additionally, FIU has designated that its $5 million insurance payment should go to the victims. FIGG released a statement this week calling the OSHA report “factually inaccurate and incomplete,” citing “flawed analysis.” A National Transportation Safety Board report is forthcoming, but may not be released until 2020.

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2017 Workplace Fatality Statistics Released

According to the Bureau of Labor Statistics’ (BLS) Census of Fatal Occupational Injuries in 2017, a total of 5,147 fatal work injuries were recorded in the United States. And while this data marks 43 fewer casualties than in 2016, employers should note that it is still an increase of more than 300 in both 2014 and 2015.

The continued high rate was fueled by the frequency of transportation incidents (2,077) and 887 fatal falls, which marked their highest level in the 26-year history of the census.

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Another key finding involved overdoses of drugs and alcohol while at work.

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Unintentional overdoses due to nonmedical substances while at work increased 25% from 217 in 2016 to 272 in 2017. The BLS noted that this was the fifth straight year in which unintentional workplace overdose deaths have increased by at least 25%.

The National Safety Council (NSC) released a statement in reaction to the BLS data, saying that it was “disheartened to see a small rise in unintentional, preventable worker fatalities.” The NSC’s statement continued:

“Once again, the data clearly show we are not doing enough to mitigate the risks of these everyday killers. At work, leadership should set the tone and engage all employees in safety, identifying hazards and measuring safety performance using leading indicators to ensure continuous improvement.”

Additionally, the BLS found:

  • Contact with objects and equipment incidents were down 9 percent (695 in 2017 from 761 in 2016) with caught in running equipment or machinery deaths down 26 percent (76 in 2017 from 103 in 2016).
  • Fatal occupational injuries involving confined spaces rose 15 percent to 166 in 2017 from 144 in 2016.
  • Crane-related workplace fatalities fell to their lowest level ever recorded in by the census, 33 deaths in 2017.

Clearly, the fatality rate of some occupations remains alarmingly high. Below are the 10 most dangerous jobs in America for 2017, according to the BLS and the fatal work injury rate (per 100,000 workers).

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Growing Cities Mean Growing Risks

On a recent list of the fastest growing American cities, Nashville jumped from 20th to 7th in a year. There are more than 210 active construction projects in the downtown core alone. We are hardly alone. Denver, New York, Charlotte, Atlanta and more are experiencing similar growth. Cities are booming and growing, and the construction cycle is showing little sign of letting up soon.

This growth presents great opportunity for companies in the construction industry.

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While it is exciting to see many succeed and take part in skyline-changing projects, it cannot be overlooked that with growing opportunity comes growing challenges. Risk management and comprehensive protections are becoming a central component of doing business, as more activity, more competition and tougher deadlines mean that no matter how good a company is with its service, risk is increased.

A catastrophic accident or incident that isn’t properly prepared for can wipe out boom time profits for any one company. As an entity in construction and development, it is vital to be completely protected from a risk transfer standpoint.

To do that there are three things anyone in a boom time must recognize:

  1. Risk is contractually driven in the construction industry. There is no blanket standard on your risk or obligations when it comes to construction, and each contract spells out different demands.
  2. You are forced to put a lot of trust into subcontractors. No job can be completed without competent, capable subcontractor work. So, whether you are the general contractor or another subcontractor, you have to trust other entities to do their job to be certain you can do your best job.
  3. The best subcontractor teams are harder to come by. As I mentioned previously, there are 210 projects ongoing in Nashville’s urban core alone. That means subcontractors are in high demand and the team you want or typically use may not be available. That results in having to sometimes trust someone you’ve never worked with before.
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In short, risk is shifting from project to project.

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Much of the work of any project is out of the control of one company or team and the teams you work with are constantly shifting due to high demand.

That presents challenges. What’s the best singular way to address these challenges?

Don’t just leave your contract to your lawyers! Cover all the bases by allowing all involved in risk management and insurance to be engaged from the outset—starting with contract review and finalization. This is applicable to both general contract agreements as well as subcontract agreements.

Your lawyers are important when creating a legal document, but you also need to consider your insurance risk management partners as part of the contract origination team. They should have an opportunity to review your contract to make sure it is reasonable from a risk management perspective. This step opens the door for the contract to be shared with the underwriters early to get them familiar and comfortable with the parameters of the project and its risk. As a result, from day one there is an understanding of everything expected of the client, from how the contract agreement reads to transfer of risk.

For the subcontractors you use, diligence needs to happen when it comes to review of those Certificates of Insurance provided. Types of coverages, respective limits and additional protective wording should be stipulated on that Certificate of Insurance form and received as part of contract compliance and before subsequent works begins.

The good news for those in the construction industry is there is a high availability of insurance within the construction market. Insurers continue to strongly solicit construction business and are willing to provide the coverages needed—and at very competitive pricing.

Ultimately, while the right policies and the best packages are important, most of the work to ensure your protection is needed on the front end during the contract phase. Take the time to involve your risk management partners early in the contracting period and save yourself panic later.

This will not only ensure that you have the right protection in a time of increased activity and opportunity, but also mitigate the chance for gaps in coverages and ensure your insurance partner is ready to mobilize and advocate for you quickly and effectively in case there is claim.