‘Heartbleed’ Bug Stresses the Need for Cyber Liability Insurance - Page 1 Protecting Your Business Against Employee Theft - Page 2 Questions to Consider Before Purchasing Commercial Auto Insurance - Page 3 OSHA Plans Big Increase in Workplace Health Inspections - Page 4 Investigators discovered a serious vulnerability in a popular cryptographic protocol commonly used by commercial web developers all over the world. To locate an office near you, please visit us online at www.bxsi.com or contact us at info@bxsi.com. Risk Monitor MAY 2014 A Newsletter for Clients and Friends of Bancorpsouth Insurance SERVICES, INC. ‘Heartbleed’ Bug Stresses the Need for Cyber Liability Insurance American businesses took another hit this spring. Investigators discovered a serious vulnerability in a popular cryptographic protocol commonly used by commercial web developers all over the world. The “Heartbleed Bug” was nestled in the very prominent OpenSSL cryptographic software library and allowed cyber thieves to steal information that both web programmers and customers thought was protected. The popular website Mashable.com published an extensive list of websites and vendors whose systems may have been comprised by the Heartbleed Bug. If you do business with any company on this list, you may want to change your password information. Just a few days later, the largest arts and crafts store in America, Michael’s, announced that thousands of credit card numbers had been compromised. Aaron Brothers, a Michael’s subsidiary, was also attacked by highly sophisticated criminals using malware that had not been encountered before by their security consultant firms. Michael’s has contained the threat and the malware is no longer compromising credit card numbers and expiration dates. The attack occurred between May 8, 2013 and January 27, 2014, potentially affecting 2.6 million cards. Furthermore,Florida officials are now investigating an attack on Hess customers who purchased gas using their credit cards. Criminals installed card skimmers at a number of Hess stations in Florida. These attacks happened shortly after a massive leak of credit card information at Target. The result isn’t just a risk to customers and card-issuing banks. Businesses who take any form of electronic payment or keep sensitive data must consider themselves at risk of liability. As we saw from the Heartbleed Bug, even the most sophisticated businesses with large and highly skilled internal information technology staff were vulnerable to flaws in the coding. Furthermore, as we see in the Hess case, smaller firms can no longer assume they will not be targeted by cyber-thieves. If your business is not insured against cyber risk, you may be the one paying for damages caused by cyber attacks. A recent survey showed that 72 percent of all cyber breaches occur at small-to-medium sized businesses. Liability can also come from government sources: The Federal Trade Commission (FTC) recently filed suit against the Wyndham hotel chain for failing to provide adequate security for customers’ private information, after the FTC dealt with the fallout of three separate breaches in just a few years. Cyber Liability Insurance Fortunately, businesses can obtain cyber liability insurance helping protect against this potentially devastating risk. This insurance coverage helps protects your company against catastrophic liability arising from cyber attacks or other information security breaches. continued on page 3 Welcome to the BancorpSouth Insurance Newsletter! It is with great satisfaction that we bring this newsletter to you. In this issue and in coming months, we will discuss pertinent risk management topics which may affect your organization. We sincerely hope that you will find this newsletter informative and please do not hesitate to contact us should you have any questions or needs. Protecting Your Business Against Employee Theft Many business owners are aware that employee theft numbers are rising. However, the statistics are much more alarming than most think. The Chamber of Commerce reported that $50 billion was spent annually because of fraud and theft committed by workers. They also reported about 20 percent of all businesses failures are due to internal fraud and theft. In a research report about loss prevention, researchers said companies could lose between one and two percent of sales due to employees’ internal crimes. Employers often wonder why their employees turn on them when they rely on them for jobs and income. One of the reasons may be that they feel overwhelmed with personal debts. For example, an employee with tremendous credit card debt who does not know how he or she will pay it may be more likely to try to steal or commit fraud. Credit card companies are also struggling to get past consumer debt and recently raised their required monthly payments. Employees may be anxious about their debts and looking for a way to get additional cash. Some employees harbor grudges against employers due to premium increases for group health coverage. If their company is freezing pension plans, employees could be outraged and more employees may be willing to steal or commit fraud. Employee theft is a serious issue for business owners and their bottom line. Below are six tips for preventing and managing employee theft. 1. Use Pre-Employment Background Checks Wisely – Before hiring an employee, it is always a good idea to run a pre-employment background check. Background checks reveal an applicant’s past criminal history and help you make a better hiring decision. 2. Check Candidate References – A good practice is to check references especially an applicant’s former employer or supervisor. 3. Proactively Communicate Conduct Guidelines – While this will not prevent employee theft, guidelines clearly express your code of ethics and conduct. Employers should document the guidelines and employees should agree to the code of conduct each year. Workplace (http://www.sba.gov/ community/blogs/community-blogs/ small-business-matters/6-tipspreventing-employee-theft-andfraud-wo) 4. Conduct an Audit – Conducting regular audits can help you detect employee theft and fraud. Audits should be conducted every 6-12 months and assess high risk areas such as business expense reports and cash and sales reconciliation. 5. Recognize the Signs – Look out for potential red flags such as an employee not taking vacations, being overly protective about their workspace, unexplained debt or change in behavior. 6. Set the Right Management Tone – Make sure your employees know your leaders take employee theft seriously and encourage employees to speak freely and share concerns about potential violations. You may think your commercial property policy offers protection from employee theft, but this is not always the case. Commercial property insurance generally covers most theft types including inventory. The business property coverage may not reimburse you for securities and cash. For this reason, businesses should consider purchasing a commercial crime policy. This type of policy typically offers protection against employee dishonesty, forgery, alteration, theft of money and securities, burglary and robbery. Every company is a potential target for employee theft. By maintaining strong internal controls, your organization can help prevent criminal and fraudulent activity. However, internal controls may not prevent all cases of employee theft. Therefore, your business should consider a crime insurance policy to further protect your assets. For more information about commercial crime policies or ways to prevent employee theft, please contact your BancorpSouth Insurance Services representative. Source: 6 Tips for Preventing Employee Theft and Fraud in the continued from page 4 ... OSHA Plans Big Increase in Workplace Health Inspections safety management, PSM covered chemical facilities, petroleum refinery process safety management programs, blood borne pathogen countermeasures and respiratory protection protocols. State-Level Inspections to Decrease OSHA is projecting fewer inspections by state-level occupational safety agencies, and attributes the decline to state budget problems. OSHA projects that the 27 state-plan agencies will perform about 50,350 inspections, which represents a decline of about 2 percent compared to 2012. For more information about OSHA compliance and workplace health inspections, please contact your Insurance Services representative. Questions to Consider Before Purchasing Commercial Auto Insurance One of the most important insurance decisions for businesses is buying commercial auto insurance. Whether your business has one or several vehicles, there are several important issues to consider before choosing a policy. The following outlines some questions that every buyer should consider before purchasing a commercial auto insurance policy. What Defines Commercial Vehicle Usage? While some people may not use their vehicles frequently for commercial reasons, personal policies still exclude using them for commercial use. In addition to this, every policy has a definition of what is considered to be commercial use. This means policyholders must be clear about the differences to avoid having their claims denied. How Many Vehicles And Drivers Does The Company Need? Commercial insurance coverage has many available options and is distinguishable by the number of vehicles and drivers needing insurance. If there are multiple vehicles and drivers, fleet coverage may be the wisest option. Rates vary depending on how the insurance carrier calculates the premium rate. However, the number of vehicles and the class they fall under both play important roles in determining price. What Type Of Vehicle Is Being Leased Or Purchased? Sports cars and luxury cars may seem like classy statements that earn people respect, but it is important to consider the cost of insurance. Since insurers look closely at the types of vehicles chosen, selecting a mid-size sedan with several safety features may be a smarter option. What Are The Drivers’ Records? The insurance carrier closely reviews each individual drivers’ records. If a driver has multiple claims on their records, this will cause premiums to increase. It is important to be aware of all your drivers’ current records. When there are injuries or accidents, it is crucial for employees to report them immediately. What Kind of Deductible Is Affordable? The amount a business is willing to pay for a deductible affects the premium amount. As a rule, higher deductibles mean lower premiums, and lower deductibles mean higher premiums. Are There Anti-Theft And Safety Devices In The Vehicle? Theft is still one of the most important concerns in urban settings. Where a business is located and the crime rate can have an impact on the insurance premium. For example, places with higher crime rates will lead to higher premiums due to increased theft risks. Insurance carriers consider several items when insuring a vehicle. Below are a few examples of vehicle features the insurance carriers assess: l l l l l l Global Positioning System (GPS) Theft alarms Types of air bags Cameras Back-up sensors and beepers Other safety enhancements Will State and Federal Laws Impact Coverage? Specific vehicles and the types of items they typically transport will be subject to federal laws. In some states, they will also be subject to additional statelevel laws. It is important to consider legislative requirements on both levels before purchasing insurance to understand how they will impact individual circumstances. Choosing the appropriate commercial auto insurance policy is an important decision. You want to ensure your vehicles are properly protected in case of an accident. If you have questions about insurance coverage for your business’s vehicles, contact your BancorpSouth Insurance Services representative. continued from page 1 ... ‘Heartbleed’ Bug Stresses the Need for Cyber Liability Insurance Cyber liability insurance policies are designed to be affordable and realistic even for the smallest businesses that may be affected. What’s covered? Cyber liability insurance is still evolving, but policies typically cover one or more of the following risks, according to the National Association of Insurance Commissioners: l l l l l l l Liability for security or privacy breaches including loss of confidential information by allowing, or failing to prevent, unauthorized access to computer systems Costs associated with a privacy breach, such as consumer notification, customer support and costs of providing credit monitoring services to affected consumers Costs associated with restoring, updating or replacing business assets stored electronically Business interruption and extra expense related to a security or privacy breach Liability associated with libel, slander, copyright infringement, product disparagement or reputational damage to others when the allegations involve a business website, social media or print media Expenses related to cyber extortion or cyber terrorism Coverage for expenses related to regulatory compliance for billing errors, physician self-referral proceedings and emergency medical treatment and active labor act proceedings One size does not fit all. It’s crucial to look at specific policy language as well as the premium, and choose the policy that best fits your overall risk management strategy and liability exposure. Contact your BancorpSouth Insurance Services representative to learn more about cyber liability insurance. OSHA Plans Big Increase in Workplace Health Inspections The latest federal budget fully funded all requested enforcement activities of the Occupational Safety and Health Administration (OSHA), the federal agency responsible for monitoring and enforcing workplace safety standards. OSHA has also announced that while it is expanding its enforcement efforts in certain industries, and substantially expanding its workplace health inspection program, some types of site inspections will see reductions. These include safety inspections and state level inspections. l l l l Falling Electrocution ‘Struck-by’ accidents ‘Caught in between’ accidents OSHA also plans to increase scrutiny of these kinds of worksites: l l l l l l Refineries Excavation and trenching Primary metal industries Sites that contain isocyanates Hazardous machinery Nursing and care homes Combustible dust Shipbreaking Worksites that include crystalline silica Worksites that contain lead Worksites that contain hexavalent chromium Specifically, the new budget allocates $552.2 million to OSHA, and $208 million specifically to support enforcement activities representing an overall OSHA enforcement activities budget increase of $17 million from the prior year. l OSHA indicated it will target enforcement issues on more dangerous industries, focusing on preventing the most common causes of workplace fatalities including: As part of this effort, OSHA plans to conduct nearly 40,000 site inspections during the 2014 fiscal year. According to the agency, 31,400 of total inspections will be safety l l l l inspections and 7,850 will be health inspections. Overall, OSHA plans to conduct 450 more health inspections in the 2014 fiscal year than it did during the previous fiscal year, but fewer inspections overall, according to reporting from the Society for Human Resource Management. OSHA is projecting it will conduct 2,200 fewer safety inspections than last year. OSHA states the reason for the overall fewer safety inspections is man-hour allocation issues. Some site inspections are much more labor intensive than others, and therefore much more costly to perform. OSHA’s force of compliance officers are likely to increase scrutiny not just on simple fixes, but conducting more involved compliance checks, such as process Information contained in this newsletter about product offerings, services, or benefits is illustrative and general in description, and is not intended to be relied on as complete information. While every attempt is made to ensure the accuracy of the information provided, we do not warranty the accuracy of the information. Therefore, information should be relied upon only when coordinated with professional tax and legal advice. BancorpSouth Insurance Services is powered by BancorpSouth Bank; a wholly-owned subsidiary of BancorpSouth Inc., a $13.4 billion-financial holding company based in Tupelo, Mississippi. BancorpSouth Insurance Services is annually ranked as one of the nation’s largest brokers by Business Insurance magazine. Equipped to service clients across the globe through our Worldwide Broker Network relationship, we have over 30 offices with almost 600 insurance and risk management professionals ready to serve. Risk Monitor