As COVID-19 continues to spread throughout the United States, there has been a massive upheaval of the American workplace. Employers have found themselves drafting and implementing policies and procedures addressing a wide array of issues including remote work, layoffs, furloughs, pay cuts, workplace conditions and many more. Not surprisingly, the uncertainty wrought by COVID-19 has left employers at an increased risk of exposure to employment-related claims alleging wrongful termination, discrimination, retaliation and many others. This Risk Insights piece will serve as a guide to the most common potential causes of action related to COVID-19 that may lead to employment-related litigation. As is the case with all inherently legal issues, employers are strongly recommended to seek the guidance of legal counsel when faced with any of the claims discussed herein. Workplace Health and Safety There have already been a multitude of safety violation claims filed under the Occupational Safety and Health Act (OS ... [...]

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Spray finishing refers to operations where organic or inorganic materials are utilized in a dispersed form to coat, treat or clean surfaces. This is a broad definition and can include activities involving the use of flammable liquids (e.g., paint) in a spray booth or spray area, electrostatic coating and similar operations. Spray finishing is a very detailed activity and an effective way to create a high-quality finish. However, because these operations involve the use of flammable and hazardous liquids, it can create a number of safety hazards that threaten a business’s property and employees. This Risk Insights provides an overview of spray finishing exposures and ways organizations can control workplace hazards. The Hazards When it comes to spray finishing, there are two main hazards to consider: Fire and explosion—If sprayed chemicals meet an ignition source, they can ignite and spread very quickly, even causing an explosion. Utilizing a spray booth is critical, as it contains the ... [...]

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The COVID-19 pandemic has forced many restaurants and food service businesses to shift to survival strategies like carryout or delivery service. Some even had to close their doors for an extended period. As the COVID-19 threat shifts, several states have officially begun implementing reopening measures. However, as restaurants prepare to open their dining rooms, there are numerous factors to consider in order to preserve the health and safety of both employees and guests. As you plan to reopen your restaurant, it’s important to update your existing policies and procedures. Review the following guidance to help keep your employees and guests safe as you resume normal operations and ensure a successful reopening. Keep in mind that this guidance is general in nature. Depending on the location of your business, you may need to account for additional state and local requirements or restrictions. Employee Health and Safety It’s important to check that employees are healthy as they report to work an ... [...]

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In any organization, it’s everyone’s responsibility to help detect workplace hazards and prevent accidents. That’s why it’s crucial for your staff to be actively involved in workplace health and safety initiatives, such as a stop-work authority (SWA) program. These programs encourage employees to keep an eye out for potential workplace safety hazards, thus helping identify risks before they result in costly and tragic incidents. Review the following guidance for a further understanding of what SWA programs are, how they operate and the benefits of implementing this type of program within your workplace. SWA Programs Defined At a glance, SWA programs provide employees with both the responsibility and obligation to stop working if they recognize a perceived unsafe behavior or condition in the workplace. From there, employees must halt work processes until the problem has been corrected. Although these programs are not required by OSHA, they are strongly encouraged as a way to get e ... [...]

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The coronavirus pandemic has upended nearly every industry and has every employer wondering, “When will it be safe to bring employees back to work?” Government guidance can shift rapidly, sometimes within the same week. Shelter-in-place orders have been extended by some officials, with others questioning why restrictions are still in place. With all this uncertainty, many employers are wondering how they can protect their employees once they’re allowed to return to work. Even if the government gives the OK to return, that doesn’t ensure the coronavirus won’t continue to spread. This is causing many employers to consider taking employee temperatures as a precaution upon returning to work. This article features guidance primarily from the Equal Employment Opportunity Commission (EEOC) to help employers navigate potential concerns related to taking employee temperatures. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Gene ... [...]

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High-profile cyber attacks on companies such as Target and Sears have raised awareness of the growing threat of cyber crime. Recent surveys conducted by the Small Business Authority, Symantec, Kaspersky Lab and the National Cyber security Alliance suggest that many small business owners are still operating under a false sense of cyber security. The statistics of these studies are grim; the vast majority of U.S. small businesses lack a formal internet security policy for employees, and only about half have even rudimentary cyber security measures in place. Furthermore, only about a quarter of small business owners have had an outside party test their computer systems to ensure they are hacker proof, and nearly 40 percent do not have their data backed up in more than one location. Don’t Equate Small with Safe Despite significant cyber security exposures, 85 percent of small business owners believe their company is safe from hackers, viruses, malware or a data breach. This disconnect is largely due to ... [...]

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As the coronavirus (COVID-19) pandemic continues to have an unprecedented effect on daily life, many business owners are looking forward to the future and a return to normalcy. However, even when stay-at-home orders are lifted and nonessential businesses are allowed to resume operations, there’s a lot for organizations to consider before they reopen their doors. What’s more, many of these considerations are workplace-specific and could be more involved depending on the industry you operate in. To protect their customers and employees alike, it’s important for organizations to do their due diligence before opening their business back up to the public following the COVID-19 pandemic. Determining When to Reopen While many essential businesses (e.g., hospitals, pharmacies, grocery stores and gas stations) have remained open during the COVID-19 pandemic, other operations deemed nonessential have shut down temporarily or changed the nature of their operations. Not only has this led to signifi ... [...]

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When it comes to running a business, vehicles—whether they’re leased, rented or owned—are crucial for a variety of tasks. Transporting materials and tools to worksites, hauling goods for deliveries, driving to meet clients—companies of all kinds rely on safe and functioning cars and trucks to service customers and generate profit. However, to protect their vehicles and employees, avoid accidents, and prevent insurance claims and business disruptions, companies should hire qualified drivers. That’s where motor vehicle records (MVRs) can help. This Risk Insights provides a general overview of MVRs, including what they are, how to obtain them and what to look for once you’ve secured them. What Are MVRs? Put simply, MVRs are historical driving records that businesses can use to evaluate current and potential drivers. Specifically, MVRs provide an overview of an individual’s: Driving history over a specific period of time, usually several years Moving viol ... [...]

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Employee theft should always be a concern, but the risk is even greater during the tough economic times impacting those in the construction and subcontracting industries. Normally honest, loyal employees may resort to theft due to increasing debt and financial pressure at home. Employees may rationalize such behavior even more if your company is struggling and they’re worried about job security. You may not think of employee theft as a big threat on the job site, but there are several risks you should take into account. Any worker or foreman who handles payments, invoices or other financial aspects of your business poses the greatest risk. However, employees may also steal raw materials, tools or other equipment. In addition, time theft is a concern if employees arrive late, leave early or take extended breaks. Protect Your Company To prevent theft at your organization, consider the following safeguards: Communicate with your employees about the economy if it is impacting your business negat ... [...]

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For restaurants, offering delivery service provides a convenient food option for your customers. It can also lead to increased business opportunities for your restaurant. However, delivery services aren’t without their share of risks, particularly when it comes to driver safety. When making deliveries, employees could slip, trip and fall going to a customer’s door; become the victim of a crime (e.g., robberies); or injure themselves or others in an auto accident. If your restaurant is starting a delivery service, it’s critical to keep these risks in mind and take the proper steps to safeguard your employees and prevent potential claims. Keeping Your Drivers Safe While delivery services tend to differ slightly from business to business, there are a number of general considerations to keep in mind when it comes to protecting workers: Offer training to employees to help them identify hazards and strategies they can use to stay safe when making deliveries. This could include defensiv ... [...]

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