BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) INTRODUCTION The Board of Directors and the staff at Builders Insurance Group would like to welcome you as a customer of Builders Insurance, a Mutual Captive Company. Builders Insurance is the largest writer of workers’ compensation insurance in the state of Georgia. As your full service insurance provider, it is our goal to provide you with the very best product and service at a fair price. Builders Insurance, a Mutual Captive Company, has a number of services designed to help you manage your workers’ compensation risks. Our Employers’ Guide to Workers’ Compensation was designed to offer information about your workers’ compensation coverage. Our goal is to provide answers to the questions we hear most frequently from you, our customer, and familiarize you with the services we offer to enable you to use them most effectively. The topics covered in this book include information regarding safety and loss control, the development of the Experience Modification Factor and how it impacts your premium, claims reporting and claims handling, premium accounting and audits, and premium discounts available to you. Listed on the final page of this book are the names, phone numbers, and e-mail addresses of our service team. Please contact a member of our service team for any additional assistance you might need. Your call or e-mail will be answered promptly. Builders Insurance also has a team of field loss control and safety consultants available to assist you. Our consultant’s focus is to help you, the employer, integrate proven loss control techniques into the overall business plan of your operations to improve the profitability of your company. We look forward to serving you. We will work diligently with you to help control your workers’ compensation claims and insurance costs. Again, welcome to Builders Insurance Group – Builders Insurance. Association Membership Information Builders Insurance Group is pleased to offer Georgia policyholders two options to satisfy the association membership requirement of your insurance coverage with Builders Insurance (A Mutual Captive Company). Until 2008, the Home Builders Association of Georgia (HBAG) was the exclusive association membership organization available to policyholders. In April 2008, Builders Insurance Group launched a new endorsement agreement with the Contractors Benefit Association (CBA), enabling policyholders to choose to be a member of either the CBA or the HBAG. Membership dues in the CBA are $60 per year and include access to cost saving benefits on products and services ranging from office equipment to web development and payroll processing. When your HBAG membership expires, you have the option of renewing your HBAG membership or enrolling as a new member in the CBA. If you choose to renew your HBAG membership, you will experience no impact or interruption to your coverage with Builders Insurance (A Mutual Captive Company). 4 BUILDERS INSURANCE GROUP VINING INSURANCE COMPANY ASSOCIATION INSURANCE COMPANY PAY PLANS Builders Insurance Group provides Association Insurance Company policyholders a variety of flexible payment schedules. The payment plans are as follows: PAYMENT SCHEDULES Premium $1,000 to $2,500 = 25% Down and five (5) installments - Payment is due on the first day of each of the five predetermined months. Premium over $2,500 = 25% Down and nine (9) installments – Payment is due on the first day of each of the nine predetermined months. Other Options = May be available subject to underwriting approval. Audit and Deductible Payments – the due date will be indicated on the invoice and/or on the estimated billing MAILING INSTRUCTIONS Please mail your payments to us, Builders Insurance Group at the following address: BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY POST OFFICE BOX 116572 ATLANTA, GA 30368-6572 LATE NOTICE A Late Notice will be issued within 7 days, after the due date, if payment has not been received in our office. CANCELLATION NOTICE A Cancellation Notice will be issued within 12 days after the due date if payment has not been received in our office. To reinstate a cancelled policy, a $60 reinstatement fee will be applied. For checks returned due to Non-Sufficient Funds, a $30 fee will be applied. 5 Monthly Self Report (MSR) Online Monthly Self Reports (MSR) is a valuable, time-saving solution to help you simplify the way you do business with Builders Insurance Group. Take advantage of this fast, accurate, and easy to use service tool to experience these benefits: Convenience – Eliminate all paper forms to fill out and mail. Cost savings – Access Is free, users save the stamp an time. Accuracy – No need to make complicated calculations nd rils errors – Online MSR automatically calculates the premium due. Easy Payment option – No need to mail payments. All you need to do is complete the worksheet and click “Pay Now” to automatically submit the payroll report and you payment electronically. Accuracy – No need to make acomplicated calculation and rils errors – Online MSR automatically calculates the premium due. Security – Information is transmitted using encrypted security so payroll and payment records are safe. Each transaction is acknowledged with an email confirmation for easy record keeping. 6 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY DEDUCTIBLE PREMIUM CREDITS DEDUCTIBLES You may choose to a have a deductible applied to each claim you report during the term of the policy, subject to underwriting approval. Using a deductible for your workers’ compensation insurance works just like a deductible for your auto insurance. A deductible is a pre-determined dollar limit that you agree to pay for each claim (or individual injured worker) you report. To choose a deductible, review your loss history and then determine what dollar amount you will be financially comfortable absorbing. The amount of a deductible ranges from $500 to $2500. The deductibles and their corresponding percentage discounts follow: Amount Per Claim $500 1000 1500 2000 2500 Percentage Discount 4.4 6.0 7.1 8.1 8.9 Remember, your insurance policy requires you to “tell us at once if injury occurs that may be covered by this policy” (this includes disease or illness). Submit all bills to us and we will pay the medical provider based on the fee scheduled (reduced) amount. You will be billed on a quarterly basis until your deductible is met or the claim is closed. Should you have any questions, please contact our Premium Accounting department at (678) 309 4114 or (800) 883 9305, Extension 4114. 7 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VININGS INSURANCE COMPANY AVAILABLE ACCIDENT & ILLNESS PREVENTION SERVICES Our loss control consultants are available to meet with you to assist with the development and implementation of management systems to help prevent accidents. We can help you implement health and safety programs, hazard identification methods, and various other initiatives designed to provide a safe and healthful work environment for your employees. To provide additional information and assistance we offer the following services and have the following materials on hand: Safety Programs – The loss control and safety services department has a variety of sample safety programs to assist you in the development and implementation of a written safety program specific to your operations. Accident & Illness Prevention On-Site Services – The loss control and safety services department will provide on-site surveys, hazard identification, and policyholder program review to assist the insured with improving their accident & illness prevention efforts. These services will be available at policyholder request but may be initiated by the loss control and safety services department as part of a programmed loss control routine. Methods of Determining Service Commitments – The loss control and safety services department will determine our accident & illness prevention service commitments using the following criteria: policyholder request, loss history, loss ratio, underwriter request, broker request, and experience modification factor. Educational Resources – The loss control and safety services department has a number of accident & illness prevention materials including jobsite safety handbooks, toolbox safety talks manuals, and payroll stuffers. Verification Methods – The effectiveness of these accident and illness prevention services will be determined by verification of implemented recommendations and the experience modification factor. For more information, please call us at 800.883.9305 and ask to speak to a loss prevention consultant. 8 Safety Web Sites Scaffold, Shoring and Forming Institute – www.rmis.com Substance Abuse Mental Health Service Administration – www.samhsa.gov The American Society of Mechanical Engineers – www.asme.org The Occupational Safety and Health Administration (OSHA) – www.osha.gov Underwriters Laboratories, Inc. – www.ul.com U. S. Consumer Product Safety Commission – www.cpsc.gov U. S. Department of Labor – www.dol.gov U. S. Department of Transportation – www.dot.gov/ National Safety Council – www.nsc.org NAHB Research Center – www.nahbrc.org/ National Association of Home Builders – www.nahb.com/ American Society of Safety Engineers – National - www.asse.org American Standards Testing Materials – www.astm.org Association of General Contractors – www.agcwa.com American Industries Hygiene Association – www.aiha.org American National Standards Institute – www.ansi.org Bureau of Labor Statistics – stats.bls.gov Centers for Disease Control – www.cdc.gov 9 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY MANAGING THE COST OF THE CLAIM PANEL OF PHYSICIANS The responsibility of directing the initial medical care for their injured or ill worker lies with the employer. This is, in fact, one of the single most important steps the employer can take in managing the overall success of the claim once it has occurred. GEORGIA Georgia state law requires that employers complete the Panel of Physicians (otherwise known as the “Pink Panel”), post it, and educate workers regarding its use. The law further mandates six medical providers are listed on the panel along with their address and phone number. Of these six providers one must be an orthopedic surgeon, no more than two can be industrial clinics (walk-in clinics), and one must be a minority physician (which is anything other than a Caucasian male). If it is not feasible to include a minority doctor on your panel you must apply, in writing, to the State Board of Workers’ Compensation to be granted an exception. The final two providers you choose may be of any discipline. You may consider choosing an ophthalmologist and an additional orthopedic surgeon. In addition to posting the panel, the Georgia employer is also required to educate workers regarding its use. We have included a form to be signed by your workers (a worker is any worker for whom you provide workers’ compensation coverage) acknowledging the panel has been explained to them and they understand that they must use a physician on the panel or be responsible for any medical costs incurred themselves. A copy of the Panel of Physicians Acknowledgement Form, in English and Spanish, follow. STATES OTHER THAN GEORGIA Employers in states other than Georgia should develop and maintain a list of physicians to whom injured workers will be directed. Choose medical providers familiar with your business and operations. Choose providers who can treat the potential injuries to which your workers are exposed. For example, you may wish to choose an orthopedic surgeon and an ophthalmologist if your workers are at risk for back injuries or eye injuries. Our Medical Management Department can provide you with the names of medical providers in any state. The providers on your list must be reasonably accessible to your workers. If you will be working outside of your usual geographical area and need assistance with names and addresses of providers there, please telephone (678) 309-4033 or (800) 883-9305, Extension 4033. Each provider should be contacted to confirm they will take workers’ compensation cases. The provider should share your philosophy of quality care for the injured worker and a return to work as quickly as possible. 10 Dear Policyholder: Enclosed is an Official Posting Notice, commonly known as a “Panel of Physicians” or “Pink Panel.” Georgia state law requires employers to complete the panel, post it in a common area and educate employees regarding the use of the Panel. Employers in states other than Georgia should develop and maintain a list of physicians to whom injured workers will be directed. To find qualified physicians to compile your Panel, please visit the First Health Network Web site at www.bldrs.com: Click on: For Policyholders; Claims Information; Panel of Physicians. Click on the words: “clicking here.” Enter Client Id: BIG. Click on: Channeling Tools. Choose your search. A traditional posted Panel for Georgia shall consist of a minimum of six (6) non-associated physicians. It is not limited to a minimum of six (6). The minimum Panel shall include an Orthopaedic physician, and no more than two (2) physicians shall be from industrial/occupational clinics. The Panel shall include one (1) minority physician. Example: 2 Urgent Care/Occupational Physicians 1 Family Practice/General Physician 2 Orthopedic Surgeons 1 General Surgeon 1 Ophthalmologist Refer to Paragraph 4 on the “Pink Panel” and to Georgia State Board of Workers’ Compensation Rule 201 at http://sbwc.georgia.gov for a complete description of the requirements and minority definition. It is recommended that you contact each physician to confirm he/she accepts Workers’ Compensation cases and shares your philosophy of quality care and return to work as quickly as possible. If you need further assistance, please contact Medical Management at 678-309-4172 or 1-800-883-9305 ext. 4172 or you may e-mail medmgt@bldrs.com. Sincerely, Medical Management /Builders Insurance Group Revised 5-2-06/S.Dunn/MM Dept POST OFFICE BOX 723099 / ATLANTA, GEORGIA 31139-0099 TELEPHONE 678 309-4000 / TOLL-FREE 800-883-9305 CLAIMS FAX 678 309-4075 11 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VININGS INSURANCE COMPANY PANEL OF PHYSICIANS ACKNOWLEDGEMENT FORM MEMORANDUM TO PERSONNEL FILE This is to certify that I have reviewed the posted Panel of Physicians for work related injuries and the Bill of Rights for the injured worker and I have been advised of their location and purpose by a representative of ____________________________________ (employer/company name). I understand that if I am involved in an on-the-job injury and emergency treatment is necessary, that I may be taken to the nearest emergency room or other medical provider. I understand that all follow up care must, thereafter, be rendered by a physician from the company’s Panel of Physicians. If I want to obtain medical treatment from a physician or other medical provider not listed on the company’s Panel of Physicians, I may do so; however, I will be responsible for all medical expenses incurred from a physician (or any other medical provider) that is not on the Panel. I understand that if I am involved in an on-the-job injury and emergency treatment is NOT necessary, I must accept the services of a physician from the company’s Panel (again, if I want to obtain medical services from a physician or other medical provider not listed on the Panel I may do so, with the understanding that I will be responsible for all medical expenses). The physician that I select from the company’s Panel may arrange for appropriate consultations, referrals, and other specialized medical services as the nature of the injury requires. If I am dissatisfied with the physician that I select, I understand that I may make one (1) change without permission to a second physician on the Panel. However, any further changes require the permission of the company or the State Board of Workers’ Compensation. I further understand that I must notify one of my supervisors as soon as an injury occurs, regardless of the extent of the injury. I also understand that if I fail to immediately notify my supervisors of an injury, I may be denied workers’ compensation benefits. This _______________ day of __________________________, _______(year). X_________________________________________ Employee/Worker X__________________________________________ Employer/Company Representative/Witness 12 BUILDERS INSURANCE GROUP VININGS INSURANCE COMPANY ASSOCIATION INSURANCE COMPANY FORMULARIO DE RATIFICACIÓN SOBRE PANEL DE MÉDICOS MEMORANDO PARA ARCHIVOS DE PERSONAL El presente documento certifica que he analizado el Panel de Médicos para lesiones laborales y la Declaración de Derechos para el trabajador lesionado que se han publicado, así como que he sido informado por un representante de __________________________ (empleador/nombre de la compañía) sobre dónde ubicar a dicho panel y cuál es su objetivo. Entiendo que, en caso de sufrir una lesión en el lugar de trabajo y requerir tratamiento de emergencia, puedo ser trasladado a la sala de emergencias más cercana o a otro proveedor de servicios médicos. Entiendo que, posteriormente, toda atención de seguimiento debe ser proporcionada por un médico del Panel de Médicos de la compañía. Si deseo obtener tratamiento de parte de un médico u otro proveedor de servicios médicos no incluidos en el Panel de Médicos de la compañía, podré hacerlo. No obstante, seré responsable por todos los gastos médicos en que incurra por recibir servicios de un médico (u otro proveedor de servicios médicos) no incluidos en el Panel. Entiendo que, en caso de sufrir una lesión en el lugar de trabajo y NO requerir tratamiento de emergencia, debo aceptar los servicios de un médico perteneciente al Panel de la compañía (también en este caso, si deseo obtener servicios médicos de un médico u otro proveedor de servicios médicos no incluidos en el Panel de Médicos de la compañía, podré hacerlo con el entendimiento de que seré responsable por todos los gastos médicos). El médico que yo seleccione en el Panel de la compañía podrá disponer las consultas, referencias y otros servicios médicos especializados correspondientes según lo requiera la naturaleza de la lesión. En caso de que yo no esté satisfecho con el médico seleccionado, entiendo que podré realizar un (1) cambio sin permiso y optar por un segundo médico del Panel. Sin embargo, todo cambio posterior requerirá el permiso de la compañía o la Junta de Compensación al Trabajador Estatal. Entiendo, asimismo, que debo notificar a uno de mis supervisores tan pronto como se produzca una lesión, independientemente del grado de la misma. Entiendo, además, que en caso de que no notifique a mis supervisores sobre una lesión, podrán denegárseme los beneficios de compensación al trabajador. A los _______________ días del mes de __________________, _________(año). X_________________________________________ Empleado/Trabajador X__________________________________________ Empleador/Representante de la Compañía/Testigo 13 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VININGS INSURANCE COMPANY BECOME A CERTIFIED DRUG-FREE WORKPLACE Outlined below are the main components of a state certified drug-free workplace program you must have in place in order to become eligible for a premium credit. The components include implementing the following: A written substance abuse program pursuant to the requirements of the law in your state Conduct drug testing: 1. For all new hires 2. For those employees you reasonably suspect may be substance abusers 3. For injured employees who receive outside medical treatment following an accident 4. For workers who have successfully completed a substance abuse rehabilitation program 5. As a part of any required annual physical examination or periodic routine fitness for duty exam Conduct training for all employees, including supervisors, on an annual basis Conduct additional training for supervisors, on an annual basis Have either an Employee Assistance Program (EAP) or maintain a list of counseling and treatment centers. The EAP providers must be easily accessible to employees and the list of providers should be where it is readily available to all employees For more information, contact the Department of Labor or the State Board of Workers’ Compensation in your state (phone numbers and address are available for your information at the back of this handbook). In Georgia you may contact the Georgia Chamber of Commerce “Drugs Don’t Work” program at (404) 223-2264. The Chamber will provide to you, at no cost, materials that will assist with the development and implementation of your program. Our Loss Control and Safety Services consultants are also available to assist you. Please call (678) 309-4026 to speak with one of our consultants. 14 Additional assistance is available through many Chambers of Commerce. A number of local chambers offer either one or all of the following services at no charge or at a discounted rate to members: Substance Abuse Policy on computer diskette Drug Testing Substance Abuse Training Employee Assistance Programs or a list of treatment centers in your area ANSWERS TO COMMONLY ASKED QUESTIONS Q: Upon the implementation of a Certified Drug-free Workplace Program will I be required to test all those I currently employ? A: No. You must, however, provide a written notice to all current employees that a Drug-free Workplace program will be implemented prior to its implementation. The requirements for testing are: new hires, reasonable suspicion, post accident, post rehab, and routine fitness for duty examinations. Q: If I implement a Certified Drug-free Workplace Program am I required to drug test my employees on a random basis? A: No. Random drug testing is optional. If you choose to randomly test, be sure the selection process you use ensures a true random selection of employees. Q: If I implement a Certified Drug-Free Workplace Program am I required to terminate an employee who tests positive for drugs? A: No. Under state law, you may terminate an employee who tests positive or you may refer him or her to substance abuse treatment. The employer generally is not financially responsible for substance abuse treatment or rehabilitation. It is important that all employees who test positive receive equitable treatment by the employer. Q: Are there specific legal requirements for how the training should be done? A: No. The state law has left the specifics up to the employer. You may conduct the training using in-house personnel or outside consultants and speakers. The resources you use may include videos, pamphlets, newsletters, or other materials. Be sure to document the training you provide. 15 Q: If I implement a Certified Drug-free Workplace Program am I required to drug test uninsured subcontractors? A: No. Under the Drug-free Workplace law subcontractors do not become statutory employees, therefore you are not required to drug-test subcontractors. Q: How is the premium credit applied? A: When you have completed the necessary requirements, such as providing and documenting notice to your current employees that a certified drug free workplace program will be implemented, and have drafted your written program, apply to the agency in your state responsible for certifying programs. In many states you must be certified annually. Upon receiving your certificate send a copy each year to: BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY UNDERWRITING DEPARTMENT POST OFFICE BOX 723099 ATLANTA, GA 31139-0099 The discount will be effective from the date you became certified and will be applied at final audit. Please note: In the State of Georgia you must send an initial application to the State Board with a check for $25 and each year thereafter in order to maintain your certification and premium credit. ALL EMPLOYERS ARE ADVISED TO SEEK LEGAL COUNSEL PRIOR TO IMPLEMENTING SUBSTANCE ABUSE PROGRAMS 16 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VININGS INSURANCE COMPANY POST ACCIDENT DRUG TESTING The law in a number of states provides for the post accident drug and alcohol testing of injured workers. In these states, testing for drug and alcohol abuse following a work related injury may be conducted even though the employer has not implemented a certified drug-free workplace program. Testing the injured worker for drug and/or alcohol impairment should be conducted by the medical facility providing care to the injured worker. The testing should take place as quickly as possible following the accident after the worker’s medical condition has been stabilized. An injured worker with a confirmed positive drug/alcohol test result could forfeit all workers’ compensation benefits. A confirmed positive test result creates the assumption that the proximate cause of the accident is the result of drug/alcohol abuse. The burden to prove otherwise lies with the employee. The injured work must be informed that the refusal to submit to a drug/alcohol test results in the same rebuttable presumption that the proximate cause of the accident was due to the abuse of drugs/alcohol. The refusal to submit to a drug/alcohol test could result in the injured worker forfeiting all workers’ compensation benefits. A consent form for post accident drug and alcohol testing (in both English and Spanish) is on the following page. This form should be signed and dated by the employee, employer, and a witness upon hire or anytime thereafter prior to the occurrence of an accident. Anytime a worker is asked to leave the premises because of possible impairment due to drugs or alcohol, management should be sure the employee has a safe, alternate means of transportation and does not drive himself. The first priority is always to attend to the injured worker first. The drug testing of an injured worker should be conducted as soon as possible following an accident after the worker’s medical condition has been stabilized. 17 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VININGS INSURANCE COMPANY POST ACCIDENT DRUG TESTING CONSENT FORM This is to acknowledge that a representative of ___________________________ (employer/company name) has explained to me that if I am injured in a work related accident, I will be asked to submit to a drug test including any of the following types of tests or combinations of tests: breath analysis, urinalysis, and/or blood tests to test for the presence of alcohol, illegal drugs, and/or pharmaceutical drugs and/or controlled substances. It has been explained to me and I understand that testing for drugs, controlled substances and/or other medications which have been lawfully prescribed to me by a duly licensed physician will only be used to determine whether or not I have been taking the prescribed medication in accordance with my physician’s orders. It has also been explained to me and I understand that if I refuse to submit to a drug test, my employment may be terminated and I may not be entitled to any workers’ compensation benefits including, but not limited to, medical benefits, income benefits, and rehabilitation benefits. I also understand that a positive drug or alcohol test could result in immediate termination of my employment and forfeiture of entitlement to workers’ compensation benefits. This _______________day of _________________, ___________(year). X_________________________________________________________ Employee/Worker X_________________________________________________________ Employer/Company Representative/Witness 18 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VINING INSURANCE COMPANY FORMULARIO DE CONSENTIMIENTO A PRUEBA DE DROGAS POSTERIORMENTE AL ACCIDENTE El presente tiene como fin ratificar que un representante de ________________________ (empleador/nombre de la compañía) me ha explicado que, en caso de sufrir una lesión en un accidente laboral, se me solicitará someterme a una prueba de drogas, incluido cualquiera de los siguientes tipos de pruebas o combinaciones de pruebas: análisis de aliento, de orina y/o de sangre para descartar la presencia de alcohol, drogas ilegales, drogas farmacéuticas y/o sustancias controladas. Se me ha explicado y entiendo que la prueba de drogas, sustancias controladas y/o de otras medicaciones que me hayan sido lícitamente recetadas por un médico con la correspondiente licencia sólo será utilizada para determinar si he estado o no tomando la medicación recetada de conformidad con las instrucciones de mi médico. También se me ha explicado y entiendo que, en caso de negarme a someterme a una prueba de drogas, mi empleo podrá ser finalizado y posiblemente no tenga derecho a recibir ningún beneficio de compensación al trabajador, lo cual incluye —sin ninguna limitación— beneficios médicos, de ingresos y de rehabilitación. Entiendo, asimismo, que el resultado positivo de la prueba de drogas o alcohol podrá dar lugar a la finalización inmediata de mi empleo y la pérdida del derecho a recibir beneficios de compensación al trabajador. A los _______________ días del mes de ___________________, ________(año). X_________________________________________ Empleado/Trabajador X__________________________________________ Empleador/Representante de la Compañía/Testigo 19 BUILDERS INSURANCE GROUP VININGS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY HIRING, ORIENTATION, AND SAFETY MEETINGS Hiring A good employee selection process is the key to a qualified workforce. The use of written job applications helps the employer narrow the pool of applicants to those that are most qualified. Checking references will help verify the applicant’s qualifications and employment history. Orientation Statistics show that almost half of all injured workers, regardless of the industry, are “new hires”. New hires are considered those workers that have been working for you less than one year. That means even if you hire someone that has experience, doing the job for which you hired them, the chance of an on-the-job injury during that first year is extremely high. There are a number of reasons for this high rate of injury during the first year of employment. New employees may be unfamiliar with the tools, equipment, environment, or the processes you use. One way to prevent new workers from being injured is to provide them a job and safety orientation. An orientation introduces new workers to the policies and procedures of the company as well as the corporate culture and goals of the organization. Following this orientation all new workers should know how to perform their jobs properly. A Sample Orientation Form is on the next page. Safety Meetings Conducting brief safety meetings on a regularly scheduled basis is an excellent way to help employees maintain their safety awareness. These on-going training sessions are a good time to introduce new equipment and processes to your employees. Safety meetings held on a regular basis will help open the lines of communication within an organization. Conducting a short safety meeting (perhaps as short as ten minutes) at a regular time each week can provide an outstanding return on a relatively small investment. Sample Safety Meeting Schedules 1 and 2 are on the following pages. 20 SAMPLE ORIENTATION CHECKLIST Written Application References Checked Other _______________________ Verification of Legal Employment Status MVR Checked Certificates/Licenses Obtained Driving Safety & Seat belt Use Reviewed Safety Officer Identified Immediate Reporting of Accidents Reviewed Panel of Physicians Reviewed Company Policy Statement Reviewed Company Safety Policy Reviewed Company Policy on Smoking & Designated Areas Reviewed Appropriate Attire Reviewed Company Attendance Policy Reviewed Company Drug/Alcohol Policy Reviewed Proper Lifting Techniques and Use Of Lifting Aids Reviewed Company Policy on Workplace Housekeeping Reviewed Other Training, Specific to This Operation and/or Equipment Used, Provided HAZCOM Training Provided Other Training Provided _________ Other Policies Reviewed _________ Location of Emergency Phone Numbers and Contacts Reviewed Location & Proper Use of First Aid and Appropriate Personal Protective Equipment Reviewed Location of Eye Wash and/or Emergency Shower Identified Location & Proper Use of Fire Extinguishers Reviewed Evacuation Route Reviewed Other ___________________________________ ____________________________ Other Emergency Procedures Reviewed ___________________________________ 21 PERSONAL PROTECTIVE EQUIPMENT & APPROPRIATE TRAINING PROVIDED Eye Protection Gloves Boots Respirator Hard Hat Face Shield Back Support Apron Hearing Protection Shoes Dust Mask Other __________________________ Comments :___________________________________________________________________ ____________________________ Employee Signature:___________________________ Date:_______________________________ Employer Signature:___________________________ Date:_______________________________ 22 SAMPLE ORIENTATION CHECKLIST Written Application References Checked Medical Questionnaires Other _______________________ Verification of Legal Employment Status MVR Checked Certificates/Licenses Obtained Other Personnel Forms and/or Documentation _______________________________________________________________________ Safety Officer Identified Immediate Reporting of Accidents Reviewed Panel of Physicians Reviewed Company Policy Statement Reviewed Company Safety Policy Reviewed Company Drug/Alcohol Policy Reviewed Driving Safety & Seat belt Use Reviewed Company Policy on Smoking & Designated Areas Reviewed Appropriate Attire Reviewed Company Attendance Policy Reviewed Proper Lifting Techniques and Use Of Lifting Aids Reviewed Company Policy on Workplace Housekeeping Reviewed HAZCOM Training Provided 23 Other Training, Specific to This Operation and/or Equipment Used, Provided Other Policies Reviewed ______________________________________________ Other Training Provided _______________________________________________ Location of Emergency Phone Numbers and Contacts Reviewed Location & Proper Use of First Aid and Appropriate Personal Protective Equipment Reviewed Location of Eye Wash and/or Emergency Shower Identified Location & Proper Use of Fire Extinguishers Reviewed Evacuation Route Reviewed Other Emergency Procedures Reviewed ___________________________________ Other _______________________________________________________________ PERSONAL PROTECTIVE EQUIPMENT & APPROPRIATE TRAINING PROVIDED Eye Protection Hard Hat Hearing Protection Gloves Face Shield Shoes Comments Employee Signature Employer Signature Boots Back Support Dust Mask Respirator Apron Other __________________________ Date Date 24 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) A SAMPLE SAFETY POLICY STATEMENT Each company, regardless of its size, should have a policy statement that reflects management’s philosophy and commitment toward safety. The company’s president or CEO should sign the statement that has been drafted on company letterhead. The statement should be reviewed with new employees during their orientation and a copy should be provided to them. If the company has an office or a job-site trailer, the statement should be posted there. Sample Safety Policy Statement The management of (company name) is committed to providing and maintaining a safe and healthful workplace for all employees. Safety is incorporated into every job we do. We adhere to federal, state, and local safety regulations as well as recognized safe work practices for our industry. Our business is conducted with the highest regard for the safety and well-being of all our employees. Safety is of the utmost importance; it is considered an integral part of every task every employee performs. Each worker at (company name) shall be just as responsible for how safely he or she performs his/her work as any other element of that task. We at (company name) believe that no job is so important, nor a service so urgent, that it cannot be performed in a safe manner. It is our policy at (company name) that employees report all accidents, injuries, and unsafe conditions to the appropriate company representative. Any unsafe condition must be corrected before work is begun. The responsibility for workplace safety is shared among management, supervisors, and employees. The full cooperation and compliance with safety policies and procedures is required of everyone here at (company name). We are counting on you to do your part by recognizing your responsibility to incorporate safety into every task, every day. Thank you for your cooperation. ___________________________________ ________________________________ President/CEO Date 25 Company: Work Area: Inspected by: Date of Inspection: WORK AREA SAFETY CHECKLIST SAMPLE General Work Environment Worksites clean and orderly? Work surfaces kept dry or appropriate means taken to assure the surfaces are slip-resistant? All spilled materials or liquids cleaned up immediately? Combustible scrap, debris and waste stored safely and removed from the worksite promptly? Accumulations of combustible dust routinely removed from elevated surfaces including the overhead structure of the buildings? Combustible dust cleaned up with a vacuum system to prevent the dust going into suspension? Metallic or conductive dust prevented from entering or accumulating on or around electrical enclosures or equipment? Covered metal waste cans used for oily and paint soaked waste? Oil and gas fired devices equipped with flame failure controls that will prevent flow of fuel if pilots or main burners are not working? At least minimum number of toilets and washing facilities provided? Toilets and washing facilities clean and sanitary? Work areas adequately illuminated? Pits and floor openings covered or otherwise guarded? Yes No ___ __ Exiting or Egress All exits marked with an exit sign and illuminated by a reliable light source? Are the directions to exits, when not immediately apparent, marked with visible signs? Doors, passageways or stairways, that are neither exits nor access to exits and which could be mistaken for exits, appropriately marked "NOT AN EXIT", etc. Exit signs provided with the word "EXIT" in lettering at least 5 inches high and the stroke of the lettering at least 1/2 inch wide? Yes No ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ ___ ___ ___ ___ __ __ __ __ __ ___ __ ___ __ ___ __ 26 Exit doors side-hinged? All exits kept free of obstructions? At least two means of egress provided from elevated platforms, pits or rooms where the absence of a second exit would increase the risk of injury? Sufficient exits to permit prompt escape in case of an emergency? Special precautions taken to protect employees during construction and repair operations? Is the number of exits from each floor of a building and the number of exits from the building itself appropriate for the building occupancy load? Exits stairways that are required to be separated from other parts of a building enclosed by at least two-hour, fire-resistive construction in buildings more than four stories high, and not less than one-hour fire resistive construction elsewhere? When ramps are used as part of required exiting from a building, is the ramp slope limited to 1 foot vertical to 12 feet horizontal? When an exit must be made through an unframed glass door, glass exit door, etc. are the doors fully tempered and do they meet the safety requirements for human impact? ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ Yes Exit Doors Doors that are required to serve as exits designed and constructed so that the way of exit travel is obvious and direct? ___ Windows that could be mistaken for exit doors made inaccessible by means of barriers or railing? ___ Exit doors able to open from the direction of exit travel without the use of a key or any special knowledge or effort when the building is occupied? ___ Are revolving, sliding, or overhead doors prohibited from serving as a require exit door? ___ Where hardware installed on a required exit door allow the door to open by applying a force of 15 pounds or less in the direction of the exit traffic? ___ Doors on cold storage rooms provided with an inside release mechanism that will release the latch and open the door even if it's padlocked or otherwise locked on the outside? ___ When exits doors open directly onto any street, alley, or other area where vehicles may be operated, are barriers and warning provided to prevent employees from stepping into the path of traffic? ___ Are there viewing panels in doors that swing in both directions and are located between rooms where there is frequent traffic? ___ Portable Ladders Ladders maintained in good condition, joints between steps and side rails tight, all hardware and fittings securely attached and movable parts operating freely without binding or undue play? Non slip safety feet provided on each metal or rung ladder? No __ __ __ __ __ __ __ __ Yes No ___ __ ___ __ 27 Ladder rungs and steps free of grease and oil? Is it prohibited to place a ladder in front of door openings towards the ladder except when the door is blocked open, locked or other wise guarded? Is it prohibited to place ladders on boxes, barrels or other unstable bases to obtain additional height? Are employees instructed to face the ladder when ascending or descending? Employees prohibited from using ladders that are broken, missing steps, rungs, or cleats, have broken side rails, or from using other faulty equipment? Employees instructed not to use the top step of ordinary stepladders as a step? When portable rung ladders are used to gain access to elevated platforms, roof, etc., does the ladder always extend at least 3 feet above the elevated surface? When portable rung or cleat ladders are used, is it required the base places so that slipping will not occur or it is lashed or other wise held in place? Portable metal ladders legibly marked with signs reading "CAUTION: Do not use around electrical equipment" or equivalent wording? Employees prohibited from using ladders as guys, braces, skids, gin poles, or for other than their intended purposes? Employees instructed to adjust extension ladders only while standing at the base, not while standing on the ladder or any position above the ladder? ___ __ Walkways Aisles and passageways kept clear? Aisles and walkways marked as appropriate? Wet surfaces covered with non-slip materials? Holes in the floor, sidewalk or other walking surfaces repaired properly, covered or other wise made safe? Are there safe clearance for walking in aisles where motorized or mechanical handling equipment is operating? Materials or equipment stored in such a way that sharp projectiles will not interfere with the walkway? Spilled materials cleaned up immediately? Changes of direction or elevations readily identifiable? Aisles or walkways that pass near moving or operating machinery, welding operations or similar operations arranged so employees will not be subjected to potential hazards? Adequate headroom provided for the entire length of any aisle or walkway? Standard guardrails provided wherever aisle or walkway surfaces are elevated more than 30 inches above any adjacent floor or the ground? Bridges provided over conveyers and similar hazards equipped with proper railing? Yes ___ ___ ___ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ No __ __ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ 28 Floor and Wall Openings Floor openings guarded by a cover, guardrail or equivalent on all sides (except entrance to stairways or ladders)? Toe boards installed around the edges of permanent floor openings? Skylight screens of such construction and mounting that they will with stand a load of at least 200 lbs. Glass in windows, doors, glass walls, etc. which are subject to human impact of sufficient thickness and type for the condition of use? Grates or similar type covers over floor openings, such as floor drains, of such design that foot traffic or rolling equipment will not be affected by the grate spacing? Unused portions of service pits and pits not actually in use either covered or protected by guardrails or equivalent? Manhole covers, trench covers and similar covers, plus their supports, designed to carry a truck rear axle load of at least 20,000 pounds when located in roadways and subject to vehicle traffic. Floor or wall openings in fire resistive construction provided with doors or covers compatible with the fire rating of the structure and provided with a self closing feature when appropriate? Yes No Stairs and Stairways Standard stair rails or handrails on all stairways having four or more risers? Stairways at least 22 inches wide? Stairs have at least 6'6" clearance? Stairs angle no more than 50 and no less than 30 degrees? Stairs of hollow pan type treads and landing filled with solid material? Steps on stairs and stairways designed or provided with a surface that renders them slip resistant? Stairway handrails located between 30 and 34 inches above the leading edge of stair treads? Stairway handrails have at least 1 and 1/2 inches of clearance between the handrails and the wall or surface they are mounted on? Stairway handrails capable of withstanding a load of 200 pounds, applied in any direction? Where stairs or stairways exit directly into any area where vehicles may be operated, are adequate barriers and warnings provided to prevent employees from steeping into the path of traffic? Stairway landings have a dimension measured in the direction of travel, at least equal to the width of the stairway? Vertical distance between stairway landings limited to 12 feet or less? Stairway provided to the roof or each building 4 or more stories in height, provided the roof slope has a 4 inch drop in 12 inches or less? Yes ___ ___ ___ ___ ___ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ No __ __ __ __ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ 29 Elevated Surfaces Signs posted, when appropriate, showing the elevated surface load capacity? Surfaces elevated more than 30 inches above the floor or ground provided with standard guardrails? Elevated surfaces (beneath which people or machinery could be exposed to falling objects) provided with standard four inch toe boards? Permanent means of access and egress provided to elevated storage and work surfaces? Required headroom provided where necessary? Material on elevated surfaces piled, stacked or racked in a manner to prevent it from tipping, falling, collapsing, rolling or spreading? Dock boards or bridge plates used when transferring materials between docks and trucks or rail cars? Yes No ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ ___ __ 30 BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) AGREEMENT TO FOLLOW YOUR COMPANY’S WRITTEN POLICIES AND PROCEDURES A SAMPLE FORM TO ALL EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, AND CUSTOMERS OF _____________________________________________________ COMPANY Safety is more than just a company goal; it is a requirement in all operations of this organization. Management of this organization is committed to providing and maintaining a safe and healthy environment for all employees, subcontractors, suppliers, and customers. The written safety policies and procedures of this company have been developed and implemented for the protection of those persons authorized to be on our job-sites. It is a condition of employment with this company that all employees strictly adhere to the requirements of our written policies (including safety procedures, instructions, and rules) as well as all applicable federal, state, and local codes, regulations, and requirements. Failure to do so will result in the appropriate disciplinary action up to and including termination. It is a condition of all subcontracts, service contracts, and purchase orders issued by this company that our written safety policies and the safety procedures, instructions, and rules issued in conjunction with them are complied with, as well. Failure to do so is a breach of contract terms and will be dealt with appropriately. While on our job sites all visitors, including but not limited to: suppliers, owner representatives, agents of the architect or engineer, customers, regulatory authorities, and insurance company representatives are required to follow all applicable safety policies and procedures. It is our policy that any unsafe condition, practice, or injury be immediately reported to a supervisor of this company. All accidents and incidents must be investigated and steps taken to prevent recurrence. Any task considered unsafe because of the tools, equipment, environment, or lack of skill or training is not to be performed until a supervisor of this company has corrected the unsafe conditions or acts surrounding the task. Any recommendation to improve our safety program is encouraged. The primary responsibility for the coordination, implementation, and maintenance of our company safety program has been assigned to __________________________________ Who can be reached at ________________________________or __________________. Safety is the responsibility of everyone. By working together and staying alert we can prevent onthe-job injuries. ______________________________________ President/CEO ____________________ Date 31 BUILDERS INSURANCE GROUP (A MUTUAL CAPTIVE COMPANY) FILING A CLAIM The first priority is to attend to the injured worker. If the injury or illness is an emergency, seek qualified medical attention at the nearest facility. Once the emergency has passed, care will generally revert to a medical provider chosen by the employer. If the injury is minor and requires only first aid, the responder should be appropriately trained and use the proper personal protective equipment. As soon as you, the employer, are notified of an injury or illness, immediately report the claim to our Notice of Injury Center. Your claim may be e-mailed, phoned, faxed, or mailed to us. A Case Specialist will answer your call between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Our case specialist will verify your workers’ compensation coverage and gather information regarding the injury. E-MAIL: www.buildersinsurancegroup.com Click on E-claims PHONE: (678) 309-4040 or (800) 883-9305, Extension 4040 FAX: MAIL: Claims Department Post Office Box 723099 Atlanta, GA 31139-0099 (678) 309-4075 If our specialist is unavailable to take your call, please leave a voice mail message and your call will be returned promptly. If, upon the initial report of the claim it is thought to be serious enough to be a “lost time” claim, you will receive a copy of the report which was phoned or e-mailed to us within seven business days for your review and verification. A copy will also be sent to the appropriate state agency. WHAT TO DO IF YOU BELIEVE THE CLAIM IS QUESTIONABLE If you believe an injury reported to you is questionable, share that information with the case specialist (or note it on your initial report). If you obtain additional information at a later date that may affect the status of the claim, please notify the adjuster handling the claim immediately. Remember, your insurance policy requires you to “tell us at once if injury occurs that may be covered by this policy” (this includes disease and/or illness). Remember, too, that the employer may not deny an injured worker medical care. Forward all additional information regarding the claim, including medical bills, medical reports, employee medical status reports, legal forms, and court orders, etc. directly to us. Please include the case/claim number and the name of the adjuster. The initial contact with an injured worker will impact just how successfully the claim is concluded. Your representative designated to contact the injured worker should have a good understanding of the worker’s compensation system in your state and be capable of establishing a good and lasting rapport between the injured employee and the employer. 32 33 MANAGING THE COST OF THE CLAIM HOW TO IDENTIFY A POTENTIALLY FRAUDULENT CLAIM Each year insurance fraud costs policyholders millions of dollars in lost premiums through false claims filed under workers’ compensation. When someone falsifies or exaggerates a job-related injury or illness to collect workers’ compensation benefits that’s considered fraud and it’s a crime. These are some clues to help identify a potentially fraudulent claim: Accidents that happen at unattended workplaces Accidents that happen without witnesses when there are several workers at the workplace Claims that go unreported for several days or weeks Weekend accidents when no work was scheduled Lack of cooperation in accepting transitional duty in your Return to Work program after being released by the attending physician Radically different accounts of the accident or manner in which the injury occurred, especially inconsistent reports from the same person Claimant repeatedly misses or reschedules appointments with the doctor Nature and extent of alleged injuries are inconsistent with how the accident occurred and/or the diagnosis of the doctor If you believe that a claim may be fraudulent, please contact the adjuster handling your claim. Information about your suspicions will be kept confidential and the claim will be investigated. FRAUD HOTLINE Builders Insurance Group has established a telephone hotline for co-workers of injured workers who suspect fraud at their workplace. Call the hotline at (678) 309-4150 or (800) 883-9305, extension 4150. To report, follow the simple voice prompts. Informational flyers regarding the Fraud Hotline are available by calling our sales and marketing department at (678) 309-4023 or (800) 883-9305, Extension 4023. 34 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) MANAGING THE COST OF THE CLAIM MANAGING THE MEDICAL Our Medical Case Management department is staffed by experienced registered nurses who are trained in the management of occupational injuries which arise as a result of on- the-job accidents. The primary responsibility of our case management staff is to assist the injured worker in understanding the nature and extent of their injuries, establish reasonable treatment plans with the treating physicians and assist our claim adjusters in directing the medical process so the claim can be brought to a successful conclusion. Our case management nurses function as an advocate for the employee and their family, to ensure the injured worker is receiving quality and appropriate health care services from the medical providers involved in their treatment. They communicate with the adjuster to keep them abreast of the injured worker’s medical condition and with the employer to identify modified duty so the injured worker can return to gainful employment and minimize the length of lost time. Our staff can also assist you by providing names of medical providers in your area. For assistance, please telephone (678) 309-4033 or (800) 883-9305, Extension 4033. The providers on your panel must be reasonably accessible to your workers. If you plan to work outside your usual geographical area and need assistance with your panel there, our staff can help you with that, as well. Please telephone (678) 309-4033 or (800) 883-9305, Extension 4033 for assistance. Prior to placing a medical provider on your panel, you should contact each facility to confirm they will take workers’ compensation cases. The provider should share the philosophy of the insurer and the employer, that of quality care for the injured worker and a return to work as quickly as possible. 35 BUILDERS INSURANCE GROUP ASSOCIATION INSURANCE COMPANY VININGS INSURANCE COMPANY THE IMPORTANCE OF RETURN TO WORK PROGRAMS Injured employees should be returned to work, within the physical limitations imposed by the treating physician, as quickly as possible. Return to Work Programs ultimately help control the cost of the claim and thereby future workers’ compensation insurance costs, as well. The benefits, to the employer of these programs are enormous. To benefit employer and employee, be proactive and identify meaningful tasks a returning worker can perform before the accident occurs. The wage you pay the worker, to perform the transitional job, may be less than he was earning at his job prior to the injury. Part of the difference in the rate of pay will be made up by workers’ compensation Temporary Partial Disability (TPD) Benefits. Following his release for transitional duty, if an injured worker refuses “suitable employment” his compensation may be suspended. If the employer is unable or unwilling to offer such a position the injured worker continues to be eligible for lost time benefits. Incorporating a returning injured employee into the workplace creates a “peer influence” by coworkers. This influence encourages the worker to begin full employment just as soon as he is able. By resuming a work schedule (perhaps an abbreviated work schedule at first) the employee resumes a routine of rising and dressing each morning which is an important factor in returning to good health. The worker also resumes his status as a valuable team member with a common goal, an invaluable factor in returning to good health. Once a worker has remained out-of-work for a prolonged period of time it is very difficult for that worker to return to full employment, ever. We have compiled a list of negative events that may occur in such a case. An injured or ill employee who does not return to work in a timely manner may: Lose sight of the fundamental goal of returning to good health Relate every ache, pain, ailment, and discomfort to the work-related accident Become comfortable with poor health and the attention it brings along with the relief from responsibility it provides Experience a sense of apathy and a distinct loss of confidence Become depressed and acquire a heightened awareness of pain and perhaps an increased use of pain medication Think of oneself as a chronic victim as the perceived value of the claim grows increasingly large Develop new habits and a lifestyle that will be difficult to maintain without a large financial settlement Suffer an acceleration of the normal aging process 36 Return-to-Work Policy Sample PURPOSE [Company] has implemented a Return-to-Work Program for employees injured at work. The purpose of this program is to return an injured employee to work as soon as possible following an injury. This program is intended to minimize the production lost by the company and wages lost by the employee as a result of an on-the-job injury. This program is necessary to limit the amount of lost workdays an injured or ill employee may incur by providing meaningful work of a restricted or limited nature. PROGRAM ADMINISTRATION The RTW Coordinator administers the RTW Program. PROGRAM BENEFITS The Return-to-Work Program is designed to benefit the insured employees by addressing both personal and professional issues. Some important benefits are: Helping employees return to the work that they have been trained to perform and that they enjoy doing. Helping employees to continue their former work relationships. Helping employees to maintain good mental health through proper medical treatment, moral support, and job placement upon recovery. Helping employees develop new skills through skills training and/or gradually redevelop old skills by providing temporary work hardening placements. Helping employees to return to salaried positions with earnings and benefits as close as possible to their pre-injury earnings and benefits. TYPES OF RETURN EMPLOYMENT To provide the broadest possible assistance and opportunity for returns to work, the Return-toWork Program includes the following possibilities: Return to the pre-injury position upon full recovery Return to the pre-injury position with reasonable accommodation, or Return to another permanent position. NOTE: The RTW effort could begin with placement in a temporary transitional duty position for work hardening and/or new skills development in order to prepare the employee for one of the above return possibilities. EMPLOYEE RESPONSIBILITIES UNDER THE RETURN TO WORK PROGRAM Injured employees have the responsibility to follow the medical provider’s advice and direction for treatment/recovery and to attend all scheduled medical and physical therapy appointments. Injured employees must also keep their employer informed of their treatment and progress toward recovery on a regular basis so that the employer can make appropriate plans and complete any necessary accommodations for their return. 37 Return-To-Work Policy Statements Sample 1 Developing and following proper safety procedures for all operations is a critical part of any loss prevention program. A carefully managed program will help promote an efficient and productive workforce. In the event that an accident does occur, [Company] has instituted a program to help an employee return to gainful employment in our facility as soon as possible. We will identify jobs that are suitable for a modified work position and we will select a Return-To-Work Coordinator to manage the development and implementation of the program. Our goal in establishing this program is to speed rehabilitation of injured employees and restore them to full earning capacity. Signature__________________________________ Date _____________________________________ Sample 2 [Company] will make every reasonable effort to provide suitable return-to-work opportunities for every employee who is unable to perform his/her regular duties following a work-related injury. This may include modifying the employee’s regular job or, if available, providing temporary alternate work depending on the employee’s physical abilities. Only work that is considered productive and meaningful to the business shall be considered. Injured workers who are participating in the early return-to-work program are expected to provide feedback in order to improve the program’s future development. Signature__________________________________ Date _____________________________________ 38 Return-To-Work Coordinator’s Checklist Seek immediate medical help for the injured worker. If the injury is not life threatening, ask the employee how the injury/incident happened. Remind employee of the Company’s Return-to-Work Program. Have the employee sign the Acknowledgement Form and provide him/her with a list of the Panel Doctors. Give the employee the physical capabilities checklist and a job analysis to take with him/her to the doctor. Notify insurance carrier and claims representative of injury. Contact the injured worker within 12 hours. Contact the injured worker within three days. Contact the injured worker at least every two weeks. Employee satisfied with medical care being provided by panel doctor. Modified job available. If yes, what job? ___________________________ Notify employee in writing that modified work is available. Notify insurance carrier and claims representative of modified position. Notify physician of modified work available. Coordinate RTW job analysis with manager. 39 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) MANAGING THE COST OF THE CLAIM ACCIDENT INVESTIGATION Successful accident prevention and loss control depend, in part, on effective accident investigation and analysis. An investigation can help identify the causes of an accident so similar accidents can be prevented. Accident investigations can also document facts needed for a settlement negotiation or court hearing. Conducting accident investigations can discourage the filing of a fraudulent claim. The key to a successful accident investigation program is a commitment to the immediate followup, after an accident, with the implementation of corrective actions and procedures in order to prevent another accident. Conducting accident investigations can help an organization promote better relations with its employees by demonstrating concern for their safety and well-being. QUESTION: What is an accident investigation? ANSWER: It is: 1. The gathering, analysis, and evaluation of information collected by the investigator (the first line supervisor) 2. The comprehensive and objective report of what happened; and most importantly 3. The action plan management will put into place in order to prevent the recurrence of accidents QUESTION: Why investigate? ANSWER: Our first inclination is to return things to normal as quickly as possible. An accident, however, indicates there has been a serious breakdown in the system. If an investigation is not conducted a valuable opportunity to identify and correct a potentially hazardous situation is lost. It is crucial to look beyond the immediate causes of the accident, sometimes referred to as unsafe acts and unsafe conditions, and identify the underlying causes in order to treat more than just the symptoms. QUESTION: Which accidents should be investigated? ANSWER: 1. Any accident that results in a fatality or serious personal injury 2. Any accident that results in serious property damage 3. Any accident that resulted in minor personal injury or property damage but could have potentially caused more serious injury or property damage 40 4. Any “near-miss” or “close call” that could have resulted in serious personal injury or property damage 5. A series of minor accidents or incidents occurring around the same tool, vehicle, or piece of equipment QUESTION: ANSWER: Who should conduct the investigation? The first-line supervisor should investigate the accident because he or she is familiar with the tools, equipment, process, environment, and the people involved in performing the job. Furthermore, it is the responsibility of the supervisor to develop and implement the measures he believes will prevent a recurrence of the accident and he will follow-up to make sure the measures implemented are working. QUESTION: When should the accident investigation be conducted? ANSWER: The investigation should be conducted just as quickly as the injured are attended to and the area is secured to prevent further physical harm or property damage. A quick response is important because as time passes evidence is lost and details forgotten. Most importantly, another accident may occur before corrective measures are put into place. Prompt investigation gets the most complete and useful information. QUESTION: What is the primary focus of the investigation? ANSWER: The accident investigation must be a fact-finding mission not a faultfinding mission. The purpose of the investigation is to determine where the breakdown occurred and put corrective measures in place to prevent a recurrence. QUESTION: ANSWER: Should an accident be reenacted? No. Because injuries sometimes occur when accidents are reenacted, it is suggested accidents not be reenacted for investigation purposes. QUESTION: Where should the accident investigation take place? ANSWER: The investigation may take place where the accident occurred as long as it has been determined the area is safe. Any recommendations or procedures you develop and implement must be practical, as this will determine, in part, how seriously your safety program is perceived. Accident Investigation is a monitoring function that occurs after the fact when the hazard control system has broken down. Learning from this experience is painful but not learning from it can be disastrous. Accident Investigation is a vital part of loss control; in fact, it can be one of the most valuable loss control tools you will ever use. QUESTION: ANSWER: How to go about investigating an accident? For your use an Accident Investigation form follows on the next page. 41 SUPERVISOR’S ACCIDENT/INCIDENT INVESTIGATION FORM COMPANY/EMPLOYER NAME _________________________ DATE _________________ NAME OF SUPERVISOR/INVESTIGATOR ______________________ TITLE ___________ INJURED EMPLOYEE NAME ___________________________ SS # __________________ INJURED EMPLOYEE ADDRESS ________________________ PHONE # ______________ INJURED EMPLOYEE AGE _______________________DATE OF BIRTH _______________ INJURED EMPLOYEE JOB TITLE ________________ LENGTH OF EMPLOYMENT _____ DATE OF INJURY ____________________ DAY______ TIME_________ AM_____PM____ DATE REPORTED _________________TO WHOM __________________________________ WHERE DID INJURY OCCUR ___________________________________________________ EMPLOYER PREMISES__Y__N 1ST AID ADMINISTERED __Y __N OUTSIDE MEDICAL TREATMENT __Y __N DOES EMPLOYER HAVE PANEL OF PHYSICIANS __Y __N WAS INJURED EMPLOYEE DRUG TESTED __ Y __N LOST TIME INJURY ___Y ___N HOW MANY DAYS LOST _______ DATE LAST WORKED_____________ NAME OF TREATING PHYSICIAN/MEDICAL PROVIDER ____________________________________________ ADDRESS OF TREATING PHYSICIAN/MEDICAL PROVIDER ________________________ PHONE # ______ EMPLOYEE RELEASED BY PHYSICIAN__Y__N EMPLOYEE RETURNED__Y __N DATE RETURNED______ DOES EMPLOYER PROVIDE TRANSITIONAL DUTY__Y__N EMPLOYEE PERFORM TRANSITIONAL DUTY__Y__N DESCRIBE THE INJURY ___________________________________________________________________________ _______________________________________________________________________________________________ DESCRIBE HOW THIS INJURY OCCURRED AND THE TASK THE INJURED WORKER WAS PERFORMING WHEN HURT _________________________________________________________________________________________________ WHAT TOOLS AND EQUIPMENT WAS THE INJURED WORKER USING WHILE PERFORMING THIS TASK _____ _________________________________________________________________________________________________ 42 WHAT TRAINING DID THE INJURED WORKER RECEIVE IN ORDER TO PERFORM THIS TASK _______________ _________________________________________________________________________________________________ SAFETY EQUIPMENT/PERSONAL PROTECTIVE EQUIPMENT REQUIRED WHEN PERFORMING THIS TASK _________________________________________________________________________________________________ SAFETY EQUIPMENT/PERSONAL PROTECTIVE EQUIPMENT USED BY THE INJURED WORKER WHILE PERFORMING THIS TASK ____________________________________________________________________________ _________________________________________________________________________________________________ DESCRIBE THE ENVIRONMENT OR WEATHER AT THE TIME OF THE ACCIDENT/INCIDENT ________________ _________________________________________________________________________________________________ COULD THIS INJURY HAVE OCCURRED ANY OTHER WAY ___Y ___N IF YES, HOW ____________________ _________________________________________________________________________________________________ SUPERVISOR NAME _______________________________ LENGTH OF TIME IN THIS POSITION ____Mos ____Yrs WITNESS NAME __________________________________________________WITNESS PHONE # _________________ WITNESS ADDRESS _________________________________________________________________________________ WITNESS NAME ________________________________________________ WITNESS PHONE #_________________ WITNESS ADDRESS __________________________________________________________________________________ INJURIES TO OTHERS ________________________________________________________________________________ _________________________________________________________________________________________________ EQUIPMENT DAMAGE _______________________________________________________________________________ _________________________________________________________________________________________________ PROPERTY DAMAGE _______________________________________________________________________________ _________________________________________________________________________________________________ EVIDENCE RETAINED I.E., DAMAGED TOOL, SCAFFOLD PLANK, ETC. ___________________________________ _________________________________________________________________________________________________ 43 PHOTOS ___________________________________________________________________________________________ _________________________________________________________________________________________________ WHAT ACTIONS AND/OR PROCEDURES WILL YOU IMPLEMENT IN ORDER TO PREVENT SIMILAR OCCURRENCES _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ DATE TO BE IMPLEMENTED _____________________________ BY WHOM ________________________________ DATE OF FOLLOW-UP TO DETERMINE SUCCESS OF ACTIONS/PROCEDURES _____________________________ BY WHOM __________________________________________________________________________________________ 44 How does loss experience affect your insurance costs? Rates are calculated using a tool called an Experience Modifier. The modifier is based upon your loss history compared to those within your industry. Builders Insurance Group uses industry data provided by an independent organization, the National Council on Compensation Insurance (NCCI). Builders Insurance Group is required to include this modifier when it calculates the final premium amount. Here is an example of the impact the modifier can have on a company’s costs. Company A (Poor loss history) Base Premium: Company B (Good loss history) $20,000 $20,000 Experience Modification: x 1.4 x .8 Adjusted Premium: 28,000 Difference: 16,000 $12,000 per year/$1,000 per month This is the cost of insurance to the market based on each company’s experience. Your premium is based on the average losses expected based upon prior experience. How can you lower your costs? Builders recommends: Do not use Uninsured Subcontractors. Obtain Certificates of Insurance for all subcontractors. An uninsured subcontractor injured on your worksite will increase your modifier. An insured subcontractor’s losses affect their insurance, not yours. Reduce claims through safe work practices and carrying a deductible on your policy. Fewer Claims = Lower Modifier = Lower Premium Have a Back-to-Work Program. This will lower the cost of each claim, reducing the impact on your modifier. By getting your people back to work faster, you lose less productivity. Builders Insurance Group wants to help our valued customers understand their insurance coverage and make it as cost-effective as possible. Questions? Please feel free to contact your Builders Loss Control representative at (678) 309-4000. Thank you for your business. www.buildersinsurancegroup.com 1. 800.883.9305 45 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) EXPERIENCE MODIFICATION FACTOR THE TIMELINE The National Council on Compensation Insurance (NCCI) determines your experience modification factor by using your claims experience of certain years. If you think of the calculation as being based on a five-year rolling block of time, it’s easy to remember which years are used. The current year, or the year for which the mod is being calculated, is not used nor is the claims experience from the next most previous year. The claims experience from the three preceding years is what is used. The experience modification is calculated six months prior to the renewal date of your policy each year. For example if your policy renews on January 1, 2004 your experience modification factor is assigned six months prior to that, or on July 1, 2003. 42 Months 30 Months 18 Months 1st Year 01/01/00 2nd Year 01/01/01 3rd Year 4th Year 5th Year 01/01/02 01/01/03 01/01/04 Looses value here on 07/01/03 46 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) ANNUAL AUDIT - A GUIDE Your original annual premium, for your organization, was calculated using your estimated payroll amount for the upcoming year. To ensure the premium you have paid is neither too little nor too much, a review of your payroll records will be conducted within 90 days of the end of your policy term. QUESTION: What policy period is to be audited? ANSWER: From the first day the policy is effective to the last day the policy is effective. A cancelled policy is audited up to and including the date of cancellation. QUESTION: What records are needed in order for the audit to be conducted? ANSWER: Payroll records, quarterly reports, and overtime records (totaled by class code) covering the effective date of the policy are all needed, as are Certificates of Insurance provided you by subcontractors. QUESTION: Who from the policyholder’s organization should be present? ANSWER: A representative from your company who is authorized to verify the classification of employees. SUBCONTRACTORS ~ A Certificate of Insurance for workers’ compensation coverage is required from all subcontractors covering the time period each one worked for you. If no certificate is in your possession at the time of the audit you, the contractor, are required to pay the workers’ compensation premium for the subcontractor for the time he worked for you. The law requiring workers’ compensation coverage varies from state to state. For example in Georgia the law requires all employers with three or more workers to have workers’ compensation insurance; in Florida employers with four or more employees are required to have coverage. Builders Insurance Group requires all subcontractors to have workers’ compensation coverage, even if they have no employees and are considered independent contractors, otherwise you will be responsible for paying the premium due. Builders Insurance Group does not accept exclusion forms from independent contractors. CERTIFICATES OF INSURANCE ~ Any certificate you are provided should be the original certificate, not a fax or a photocopy. The certificate should indicate your company as the certificate holder. It is suggested you periodically check with the subcontractor’s insurance carrier to be sure the policy remains in effect. Please note, in some instances it may be necessary for you to obtain two Certificates of Insurance from a subcontractor whose policy effective date overlaps your effective date. For example: If your policy date is July 1, 2005 to July 1, 2006 and the subcontractor’s policy renewed on January 1, 2006 then you will need certificates for the January 1, 2005 to January 1, 2006 and the January 1, 2006 to January 1, 2007 policy terms. Should you have any questions regarding your audit please call our Audit department at (678) 309-4124 or (800) 883-9305, Extension 4124. 47 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) VOLUNTARY CANCELLATION Voluntary cancellation of your workers’ compensation policy must follow specific procedures pursuant to Georgia state law. To cancel or non-renew your policy, the procedures are as follows: Provide Builders Insurance Group a written request (10 days in advance of the cancellation date) dated and signed by an officer of the company who is a named officer in the information we have on file for your company. Include the reason for the termination and the date for which the termination is requested. Or, you must return the original Builders Insurance policy that was issued to you. A request from your agent cannot be accepted. ~ OR ~ Provide Builders Insurance Group an ACORD Policy Release form signed and dated by an officer of the company (10 days in advance of the cancellation date). Include the reason for the termination and the date for which the termination is requested. Or, you must return the original Builders Insurance policy that was issued to you. A request from your agent cannot be accepted. All future cancellation dates will be honored Other cancellation dates will be effective as of the date we receive the request for cancellation in our office Only with a Letter of Assumption or a Declarations Page from the new carrier provided to us by the agent or insured may a cancellation be backdated Please note: Simply discontinuing payment may cause you to be financially responsible for premiums that have continued to accrue over time and/or complicate the refunding of any monies that may be due you. SHORT RATE PENALTIES Short rate penalties will be applied to Builders Insurance policies cancelled during the policy period because the insured has duplicate coverage or because the coverage is no longer wanted. These penalties do not apply if the company is no longer in business. Any short rate penalties applied are calculated using Rule 10 of the National Council on Compensation Insurance (NCCI) and will appear on the cancellation audit. 48 Independent Contractor vs Statutory Employee By Robert D. Ingram And Michael Murawski Do you want your insurance premiums to increase? Most builders would answer no. Yet builders unwittingly might cause their premiums to increase every time they tell uninsured, independent contractors, “Don’t worry. I’ll deduct the premiums from your pay. If anything happens, we’ll cover it.” The law does not require builders to accept responsibility for all accidents. The Georgia Workers’ Compensation Act long has had a “statutory employer” provision that obligates a principal contractor (and its insurer) to pay for certain work-related injuries to employees of its uninsured subcontractors. The application of that law can be complicated and it is important that you are aware of several facts: 1. You as the statutory employer pay an additional premium to cover the risk and additional cost of workplace injuries to your uninsured, independent contractors’ employees; 2. If you charge that back to the independent, he is not paying the premium – you are. You are recouping your expenses; 3. You may be responsible for injuries to the subcontractors’ employees, but not to the subcontractor or owner; 4. You are responsible for their injuries only if those injuries happen on or about the premises on which the specific work involving the contract is undertaken and only while they are doing the contracted work; 5. You may not be responsible for his employees’ injuries if you own the property (as in the case of a “spec” project) whether or not you withhold money from your payments to the independent contractor that cover your added premium costs; and 6. When you make promises that extend your coverage and potential liability, you may be obligating yourself and your insurance carrier legally to make payments beyond the duty imposed by law. The legislative motive behind the statutory employer law is to “encourage statutory employers to require subcontractors to carry workers’ compensation insurance.” In an effort to educate its policyholders on how to reduce their premiums, Builders Insurance Group is distributing an “Independent Contractor Agreement” form to help you understand and remember basic facts about your legal relationships with your subcontractors. Policyholders will receive these agreements by mail. If you need additional copies or have questions, call Michael Murawski of Builders Insurance Group at (678) 309-4000. (Robert D. Ingram is a senior partner of Moore, Ingram, Johnson & Steel L.L.P., which represents Builders Insurance Group. Michael Murawski is a quality assurance specialist with Builders Insurance Group). 49 Independent Contractor Understanding This bulletin represents the understanding between Builder’s Insurance Company policyholders (hereinafter referred to as company) and its independent contractors (hereinafter referred to as contractor). As part of the agreement to undertake work as an independent contractor for company, contractor agrees that company may withhold some amount of the payments ordinarily due to contractor for contractor’s services for this job in order to recoup the additional expense to company because contractor does not have current Workers' Compensation coverage in a manner acceptable to the State of Georgia, Insurance Department, whether or not contractor may be subject to the Georgia Workers’ Compensation Act. Company understands, and contractor agrees, that company may be responsible under the Georgia Workers' Compensation Act for certain injuries to contractor's employees and hereby certifies that it currently has such acceptable insurance in force on this date to cover its liabilities as a potential statutory employer pursuant to the Georgia Workers’ Compensation Act. Contractor understands that company’s responsibility to contractor’s employees is more limited and in certain cases non-existent when compared to company’s responsibility to its own employees whether or not money is withheld. For example, company shall be responsible for work-related injuries occurring only to contractor’s employees and only while they are working on, in, or about the premises on which company has undertaken to execute work for another party. To obtain maximum protection for its own employees, contractor must purchase its own insurance coverage. This document represents the full and total representations regarding Workers’ Compensation arrangements between company and contractor. _____________________________________________________________________________ (Contractor) (Date) 50 SAMPLE HOLD – HARMLESS AND SUBCONTRACTOR AGREEMENT This Agreement, as negotiated herein, is entered into by and between ___________________________, “Subcontractor” and _________________________________, “Contractor.” The Subcontractor and the Contractor, for the consideration stated herein, mutually agree as follows: Article 1. Statement of Work: The Subcontractor shall furnish all labor, materials, equipment, and services to perform and complete all work required for the construction of: _________________________________________________________________________________ _________________________________________________________________________________ Article 2. The Contract Price: The Contractor shall pay the Subcontractor for the performance of the contract, subject to agreed alterations, the sum of __________________________________________ ($______________). Article 3. Insurance: The Contractor requires certificates of insurance from Subcontractor Statutory limits for Workers’ Compensation with Employer Liability General Liability limit of at least $300/600 The Contractor requires that Subcontractor name Contractor as an additional insured on Subcontractor’s General Liability insurance policy. Article 4. Indemnification and Arbitration: The work performed by the Subcontractor shall be at the risk of the Subcontractor exclusively. Subcontractor shall indemnify, defend, and hold harmless the Contractor from and against any and all claims, actions, losses, judgments, or liabilities arising from or in any way connected with the work performed, materials furnished, or services provided under this Agreement. Further, Subcontractor agrees that any and all disputes between Contractor and Subcontractor shall be settled through arbitration, in accordance with the Federal Arbitration Act -Title 9, US Code. Article 5. Warranty: Subcontractor warrants its work for a period of _______ year(s) against all defects in materials or workmanship. Article 6. Miscellaneous: This is the entire Agreement between the parties and is governed by the laws of the State of Georgia. Any amendment(s) must be given in writing. Subcontractor is an independent contractor and not an employee of Contractor. SUBCONTRACTOR Company: ____________________________ By: __________________________________ Title: ________________________________ Date: ________________________________ CONTRACTOR Company: ____________________________ By: __________________________________ Title: ________________________________ Date: ________________________________ This sample agreement is for informational purposes only and should not be considered legal advice. Builders Insurance accepts no legal responsibility for the correctness or completeness of this material. We recommend that you consult with your legal counsel and agent regarding your individual circumstances. 51 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) WORKERS’ COMPENSATION STATE SPECIFIC INFORMATION ALABAMA – www.dir.state.al.us.wc State of Alabama Department of Industrial Relations Workers’ Compensation Division Industrial Relations Building 649 Monroe Street Montgomery, AL 36131 Phone: (800) 528-5166 (334) 242-2868 Fax: (334) 261-3143 Fraud: (800) 923-2533 The state of Alabama requires employers with more than four (4) full-time or part-time employees, including officers of a corporation, to have workers’ compensation coverage. Employers of domestic employees, farm laborers, or casual employees and municipalities having a population of less than 2,000 (according to the most recent federal census) are not required to provide coverage but can elect to be covered by the provision of the Alabama Workers’ Compensation Law. There are exemptions to this provision. For more information visit the State of Alabama website at www.dir.state.al.us.wc. The Alabama Legislature has provided for a 5% premium credit to employers with a drug-free workplace program. The program must be in compliance with the provision of Code of Alabama, 1975, Sections 25-5-330 through 25-5-340. Your Drug-free Workplace Program must be certified by the state. For more information contact the Medical Section at (800) 528-5166 or (334) 2422868 or the website at www.dir.state.al.us.wc. 52 FLORIDA – www.2.myflorida.com/les/wc State of Florida Department of Labor and Employment Security Division of Workers’ Compensation 301 Forrest Building 2728 Centerview Drive Tallahassee, FL 32399-0680 Phone: (850) 922-2514 Fax: (850) 922-6779 Fraud: (850) 742-2214 Workers’ compensation coverage is required in the state of Florida if you are in an industry other than construction and have four or more employees, full-time or part-time (an exempted corporate officer does not count as an employee). Any state or local government must carry workers’ compensation insurance. If you are in the construction industry, and have one (1) or more employees (including yourself), you are required to carry workers’ compensation coverage (an exempted sole proprietor, partner, or corporate officer does not count as an employee). If you are a farmer, and have more than five (5) regular employees and/or twelve (12) or more other workers for seasonal agricultural labor lasting thirty (30) days or more, you are required to carry workers’ compensation. For more information call the Employer Help Line at (850) 9216966 or visit the state’s website at www2.myflorida.com/les/wc. The state law in Florida provides for a 5% premium credit for those employers having a drug-free workplace program that meets the criteria set forth in s. 440.102, Florida Statutes. Your Drugfree Workplace Program must be certified by the state. Florida law also provides for a 2% credit for employers with a safety program meeting certain criteria. For more information refer to Florida Statutes Section 440.101 and 440.102, or call the Employer Help Line at (850) 921-6966 or visit the state’s website at www2.myflorida.com.les.wc. 53 GEORGIA – www.ganet.org/sbwc/ State of Georgia Georgia State Board of Workers’ Compensation 270 Peachtree Street, Northwest Atlanta, GA 30303-1299 Phone: (404) 656-3875 (800) 533-0682 Fax: (404) 656-7768 Fraud: (404) 657-1391 Safety Library: (404) 651-9057 Subsequent Injury Trust Fund: (404) 206-6360 Georgia state law requires all employers, including public corporations and non-profit organizations, that have at least three (3) full-time or part-time employees to carry workers’ compensation insurance. For more information call the Georgia State Board of Workers’ Compensation at (404) 657-1391 or visit the state’s website at www.ganet.org.sbwc. Georgia employers who have implemented a state certified Drug-free Workplace Program eligible to receive a 7.5% premium credit. For additional information call the State Board at (404) 6571391 or visit the state’s website at www.ganet.org/sbwc/. NORTH CAROLINA – www.comp.state.nc.us/ State of North Carolina North Carolina Industrial Commission 4319 Mail Service Center Raleigh, NC 27699-4319 Phone: (919) 807-2500 Fax: (919) 715-0282 Fraud: (888) 891-4895 North Carolina state law requires any employer with three (3) or more employees to carry workers’ compensation insurance. Officers of the corporation are considered employees. Any employer having one or more employees engaged in activities which involve the use of or presence of radiation is required to have workers’ compensation coverage. For additional information call the Industrial Commission at (919) 807-2500 or visit the state’s website at www.comp.state.nc.us/. 54 SOUTH CAROLINA – www.wcc.state.sc.us State of South Carolina Workers’ Compensation Commission Post Office Box 1715 1612 Marion Street Columbia, SC 29201-1715 Phone: (803) 737-5700 – Jackie Brady, Operator/Info Fax: (803) 737-5768 South Carolina law requires employers regularly having four or more part-time or full-time employees to carry workers’ compensation coverage. There are exceptions to this; for additional information call the Coverage and Compliance Division at (803) 737-5706. TENNESSEE – www.state.tn.us/labor-wfd/wcomp.html State of Tennessee Department of Labor and Workforce Development Workers’ Compensation Division 710 James Robertson Parkway Andrew Johnson Tower Gateway Plaza, Second Floor Nashville, TN 37243-0661 Phone: (615) 532-4812 (800) 332-2667 Fax: (615) 532-1468 Tennessee state law requires employers with five (5) or more part-time or full-time employees to carry workers’ compensation insurance. Family members are included in the count if they meet the definition of employee. Subcontractors and anyone engaged in the construction industry must carry workers’ compensation on their employees even if they have less than five employees. A five percent (5%) premium credit is available to employers in Tennessee who implement a certified Drug-free Workplace Program. For more information or assistance contact the Tennessee Department of Labor and Workforce Development at (615) 741-2395 or visit their website at www.state.tn.us/labor-wfd/wcomp.html. 55 VIRGINIA – www.vwc.state.va.us State of Virginia Virginia Workers’ Compensation Commission 1000 DMV Drive Richmond, VA 23220 Phone: (804) 367-8600 Fax: (804) 367-9740 The state of Virginia requires employers with three or more employees to carry workers’ compensation insurance. For more information contact the Workers’ Compensation Commission at (804) 367-8600 or visit their website at www.vwc.state.va.us. Premium credits up to 5% are available to employers implementing a Drug-free Workplace Program that meets the criteria established by their insurer. PENNSYLVANIA - dli.state.pa.us/landi/cwp/view.asp?a=138&q=220671 State of Pennsylvania Department of Labor and Industry Bureau of Workers’ Compensation, Room 103 1171 South Cameron Street Harrisburg, PA 17104-2501 Employer Services Help Line: 717-772-3702 Claims and Benefits Help Line: 717-772-4447 or 1-800-482-2383 Safety Committee Certifications: 717-772-1917 The state of Pennsylvania requires any employer who hires at least one employee, part-time or full-time to carry workers’ compensation insurance. For more information, contact the Bureau of Workers’ Compensation Employer Services Helpline at 717-772-1878. Generally, executive officers and domestic workers can be exempted from coverage. If you establish a safety committee for the purpose of hazard detection and accident prevention, you may be eligib le for a 5% discount which can b e continued for five years. Contact the Pennsylvania Department of labor and Industry at 717-772-1917 WHERE REFERNECE IS MADE TO LAWS AND EREGULATION, KNOW GOTH WILL CHANGE OVER TIME. PLEASE CONSULT THE APPROPRIATE STATE AGENCY OR YOUR OWN LEGAL COUNSEL, WHEN APPROPRIATE. 56 BUILDERS INSURANCE GROUP BUILDERS INSURANCE (A MUTUAL CAPTIVE COMPANY) STATE AGENCIES FOR OCCUPATIONAL SAFETY AND HEALTH These are state agencies designated to administer activities of states and other jurisdictions under the Occupational Safety and Health Act. ALABAMA U.S. Department of Labor OSHA 2047 Canyon Road Birmingham, AL 35216 Phone: (205) 731-1534 Phone: (800) 321-6742 Fax: (205) 731-0504 NORTH CAROLINA N. Carolina Department of Labor Occupational Safety & Health Div. 4 West Edenton St. Raleigh, NC 27601-1092 Phone: (919) 807-2900 Phone: (800) 522-0762 Fax: (919) 807-2855 FLORIDA Charlene Vespi, Consultant University of South Florida Tampa, FL Phone: (813) 974-9962 SOUTH CAROLINA S. Carolina Department of Labor Licensing and Regulation Columbia, SC 29204 Phone: (803) 737-9220 Fax: (803) 734-9772 GEORGIA Georgia Department of Labor Safety Engineering Division 1700 Century Circle Atlanta, GA 30345 Phone: (404) 679-0687 Phone: (800) 869-1041 Fax: (404) 679-5818 TENNESSEE OSHA Division Tennessee Department of Labor 710 James Robertson Pkwy., 3rd Nashville, TN 37243-0659 Phone: (615) 741-2793 Phone: (800) 249-8510 Fax: (615) 741-3325 MISSISSIPPI Department of Environmental Quality Industry Post Office Box 20305 St. Jackson, MS 39289-1305 Phone: (601) 961-5171 Fax: (601) 961-5743 VIRGINIA Virginia Dept, of Labor & Powers-Taylor Bldg.13, S. 13th Richmond, VA 23219 Phone: (804) 786-2377 Fax: (804) 371-6524 PENNSYLVANIA Department of Labor & Industry Bureau of Workers’ Compnesation Health & Safety Division 1121 S. Cameron Street, Room 324 Harrisburg, PA 17104-2501 (717)772-1636 57 OSHA REGIONAL OFFICES REGION III – PHILADELPHIA Region III includes: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia U.S. Department of Labor – OSHA The Curtis Center, Suite 740 West 170 S. Independence Mall West Philadelphia, PA 19106-3309 Phone: (215) 861-4900 Fax: (215) 861-4904 The Curtis Center 170 South Independence Mall West Philadelphia, PA 19106-3309 Phone: (215) 861-5120 Fax: (215) 861-4904 AREA OFFICES 850 North Fifth Street Allentown, PA 18102 Phone: (610) 776-0592 Fax: (610) 776-1913 Baltimore Area 1099 Winterson Road, Suite 140 Linthicum, MD 21090-2218 Phone: (410) 865-2055 or 2056 Fax: (410) 865-2068 58 Charleston Area 405 Capitol Street, Suite 407 Charleston, WV 25301 Phone: (304) 347-5937 Fax: (304) 347-5275 Erie Area 3939 West Ridge Road, Suite B12 Erie, PA 16506-1857 Phone: (814) 833-5758 Fax: (814) 833-8919 Harrisburg Area 49 North Progress Avenue Harrisburg, PA 17109 Phone: (717) 782-3902 Fax: (717) 782-3746 Norfolk Area Federal Office Building, Room 614 200 Granby Street Norfolk, VA 23510-1819 Phone: (757) 441-3820 Fax: (757) 441-3594 Washington District Sup. 820 First Street, N.E., Ste. 440 Washington, D.C. 20002-4205 Phone: (202) 523-1452 Fax: (202) 523-3573 Wilkes-Barre Area Director: The Stemaier Building 7 N. Wilkes-Barre Blvd., Ste. 410 Wilkes-Barre, PA 18702-5241 Phone: (717) 826-6538 Fax: (717) 821-4170 Wilmington Area 844 N. King St., Room 2209 Wilmington, DE 19801-3319 Phone: (302) 573-6518 Fax: (302) 573-6532 Philadelphia Area U.S. Customs House, Room 242 Second & Chestnut Streets Philadelphia, PA 19106-2902 Phone: (215) 597-4955 Fax: (215) 597-1956 Pittsburgh Area 1000 Liberty Avenue Federal Building, Room 1428 Pittsburgh, PAA 15222-4101 Phone: (412) 395-4903 Fax: (412) 644-6380 59 REGION IV – ATLANTA Region IV includes: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee U.S. Department of Labor – OSHA Atlanta Federal Center 61 Forsyth Street Southwest, Room 6T50 Atlanta, GA 30303 Phone: (404) 562-2300 Fax: (404) 562-2295 AREA OFFICES Atlanta-East Area LaVista Perimeter Office Park Building Seven, Suite 110 Tucker, GA 30084-4154 Phone: (770) 493-6644 Fax: (770) 493-7725 Atlanta-West Area 2400 Herodian Way, Suite 250 Smyrna, GA 30080-2968 Phone: (770) 984-8700 Fax: (770) 984-9031 Nashville Area Dir.: Ron McGill 2002 Richard Jones Road, Ste. C-205 Nashville, TN 37215-2869 Phone: (615) 781-5423 Fax: (615) 781-5486 Birmingham Area Dir Vestavia Village 2047 Canyon Road Birmingham, AL 35216-1981 Phone: (205) 731-1534 Fax: (205) 731-0504 60 CONT. Columbia Area 1835 Assembly Street, Room 1468 Columbia, SC 29201-2453 Phone: (803) 765-5904 Fax: (803) 765-5991 Fort Lauderdale 8040 Peters Road, Bldg. H-100 Fort Lauderdale, FL 33324-4029 Phone: (954) 424-0242 Fax; (954) 424-3073 Frankfort area John C. Watts Federal Office Building 330 West Broadway, Room 108 Frankfort, KY 40601-1922 Phone: (502) 227-7024 Fax: (502) 227-2348 Raleigh Area 300 Fayetteville St. Mall, Room 438 Raleigh, NC 27601-9998 Phone: (919) 856-4770 Fax: (919) 856-4183 Savannah Area 450 Mall Blvd., Suite J Savannah, GA 31406-1418 Phone: (912) 652-4393 Fax: (912) 652-4329 Tampa Area 5807 Breckenridge Pkwy., Suite A Tampa, FL 33610-4249 Phone: (813) 626-1177 Fax: (813) 626-7015 Jackson Area 3780 I-55 North, Suite 210 Jackson, MS 39211-6323 Phone: (601) 965-4606 Fax: (601) 965-4610 Jacksonville Area Ribault Building, Suite 227 1851 Executive Center Drive Jacksonville, FL 32207 Phone: (904) 232-2895 Fax: (904) 232-1294 61