All posts in Uncategorized

CRT December Holiday Lunch 2015


Faulty Workmanship and E & O Reducing Exposures hosted by CRTNJ


Click Image to Read More

Study Finds 14 Percent of Truckers Neglect Using Seatbelts on Occasion

        Trucking Risks


A recent survey conducted by the Centers for Disease Control and Prevention (CDC) found that nearly 14 percent of long-haul truck drivers report sometimes or never wearing a safety belt.

Other notable findings in the CDC study include:

     • More than one-third of drivers were involved in at least one serious crash.

     • Drivers who did not wear safety belts were more likely to participate in
     other unsafe driving activities, such as speeding and committing
     moving violations.

     • Drivers who work for an employer with a written safety program are more
     likely to use a seatbelt than drivers who work for an employer that doesn’t have
     a written plan

     • More than one-third of truck drivers who died in crashes in 2012 were not
     wearing a safety belt, according to a report.

The Federal Motor Carrier Safety Administration recently amended its scheduled publication date for the “Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21)” final rule.

Based on the most recent release of the U.S. Department of Transportation report on significant rulemakings, the agency now anticipates the electronic logging devices final rule to appear in the Federal Register on September 30, 2015.


Fire Sprinkler Evaluation Process for Commercial Property Fire Coverage

        Commercial Property Fire Coverage


The ISO fire sprinkler evaluation process consists of a review of the following areas:

     • System design based on the requirements of occupancy

     • Available water supply

     • System installation and components

     • System testing

     • Inspection of areas of the building without sprinklers

     • Building conditions affecting the sprinkler operation

A fire in your workplace can be extremely costly. In addition to the costs associated with fixing the damages, there is also a good chance that your day-to-day business activities will be interrupted during the repairs. To avoid potential expenses related to workplace fires, it is important that you have adequate fire coverage. Fire coverage is included as part of most property insurance policies for commercial buildings. However, it is important that you understand your policy to make sure it provides all the protection you need and that you are paying the right amount in premiums.


Other Safeguards Against Theft

        Protect Yourself Against Illegal Acts with Crime Insurance


In addition to purchasing insurance protection against theft, consider implementing these safeguards in your business:

     • Secure raw materials, semi-finished goods and finished goods in walled,
     fenced or locked areas on your premises.

     • Limit and control your employees’ access to storage areas, and
     consider implementing a key management program.

     • Inspect merchandise and goods thoroughly when they are received as

     • Ensure that there is more than one employee inspecting outgoing and
     incoming shipments.

     • Conduct periodic inventory counts, and compare that information to your

     • Implement a concrete strategy for handling returned merchandise.

     • Establish a line of authority at your organization, and ensure that everyone
     is acting responsibly.

     • Separate your accounting and operating functions.

     • Create a “paper trail” for each transaction.

     • Screen new employees to weed out applicants that are potential liabilities.

     • Continually train employees concerning how to detect theft and encourage
     honest behavior at your organization.

     • Make sure that the enforcement of rules in consistent and constant.

     • Do not tolerate employee theft on your premises, and consider
     prosecuting offenders.

     • Require mandatory vacations for personnel handling payments.

You may feel that your employees would never steal from you or that your business would never be the victim of theft, but the harsh reality is that nearly every business is eventually victimized by fraud or theft. In this day and age, thieves (including your employees) do not need direct access to cash to steal from you; merchandise, supplies and securities are all fair game. You may also be susceptible to losses in the event that finished products or even raw materials are stolen right from under your nose. Essentially, any product can be a target for thieves if there is an opportunity to make a resale profit.


Affirmative Action Forms


Below is information about the forms that employers must submit based on contract amounts and number of employees.
EEO-1 Form:
This form is required for private employers with 100 or more employees and government contractors with 50 or more employees and a federal contract of at least $50,000. This form must be filed annually.

VETS-100 Form
This form must be filed annually by employers with a federal contract or subcontract of at least $25,000 (for contracts awarded before Dec. 1, 2003).

On this form, employers must list all employees who are special disabled, Vietnam veterans or other protected veterans who served on active duty during a war in a campaign or during an expedition.
Employers must keep copies of this report for two years.

VETS-100A Form
This form must be filed annually by all employers with a federal contract or subcontract of $100,000 or more for contracts awarded or modified on or after Dec. 1, 2003.

On this form, employers must list all employees who are disabled veterans, other protected veterans and Armed Forces service medal veterans who served on active duty and participated in a United States military operation and were awarded a service medal.

Employers must keep copies of this report for one year.

Both the VETS-100 and VETS-100A forms must include all employees hired within the previous 12 months. They should also outline the total number of these employees who worked in each job category at each location during the reporting period.

Both of these forms must be submitted if the company has a current federal contract or subcontract of $25,000 or more entered into before Dec. 1, 2003, AND a current federal contract or subcontract of $100,000 or more that was entered into or modified on or after Dec. 1, 2003.

Notice Requirements
Employers with government contracts must post equal opportunity and affirmative action obligation posters to inform their employees of their rights in prominent locations.

Federal contractors who are subject to affirmative action requirements must include an equal opportunity clause in their government contracts, subcontracts and purchase orders.
You can find these posters at

Recordkeeping Requirements
Employers are required to maintain personnel and employment records. Examples of records that must be maintained include job descriptions, job postings and advertisements, records of job offers, applications and resumes, interview notes, tests and test results, written employment policies and procedures, and personnel files.

In general, personnel records must be kept for at least two years from the date the record was created or from the last date of personnel action (whichever comes later). However, contractors with fewer than 150 employees or a contract of less than $150,000 are only required to keep these records for up to one year.

Job Postings
Employers are required to state in all solicitations or advertisements for employment that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or veteran status.

Prohibition on Retaliation
Federal law prohibits employers from harassing, intimidating, threatening, coercing, punishing or discriminating against any individual for filing a complaint, assisting or participating in an investigation or compliance evaluation, opposing unlawful employer practices or exercising any right protected by the laws enforced by the OFCCP.

The term “affirmative action” refers to public and private initiatives to improve development opportunities for women, minorities and other protected classes. In the employment sector, these efforts seek to increase employment opportunities for women, minorities, veterans, the disabled and any other protected classes of employees. The goal is for all individuals to have an equal opportunity for employment, regardless of race, color, religion, sex, national origin, disability or veteran status.

Equal employment opportunities for federal contractors are required by the following three laws: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). These laws are administered and enforced by the Office of Federal Contract Compliance Programs (OFCCP).

Many companies are required by law to have an Affirmative Action Plan in place.
As required by the OFCCP, many companies must have an Affirmative Action Plan (AAP) in place. This plan should contain an analysis of all protected classes of employees at the organization and compare protected class statistics to an employer’s entire population to discover any barriers to equal employment opportunity. The plan should also include actions to remedy these barriers. For more information on affirmative action and your obligations as an employer, visit


Recommendations for Improving Female Safety Workplace Culture

          Providing Safety for Women in Construction


Include sexual harassment prevention training in safety and health programs.

Ensure all communication materials are gender-neutral and include women. Visual materials should include examples of female construction workers to promote an integrated construction workplace.

To address the problem of workplace isolation, employers, apprenticeship programs and unions (where responsible) should assign female workers to work in groups of two or more when possible, especially those who are relatively new to the construction trade.

Make sure supervisors are trained in ensuring the safety of female workers and can answer any questions workers may have.

Sanitary facilities

Gender-separate sanitary facilities should be provided on worksites.

Where changing rooms are provided on construction sites, they should also be gender-separated and provided with inside and outside locking mechanisms.

Employees should be allowed to use sanitary or hand-washing facilities as needed.

Toilet facilities should be kept clean and in good repair with clean toilet paper within reach.

Hand-washing facilities should exist within close proximity to toilet facilities.

Health and safety training

Employers and unions should make skills training courses available and encourage all workers to take advantage of them.

Journeymen should establish mentoring relationships with new workers to provide informal skills and safety training.

Supervisors need to emphasize safety as well as productivity on the job site.

Employers should emphasize that safety training is as important as skills training.


The design of PPE and PPC for women should be based on female measurements.

Union apprenticeship programs should provide female construction workers with resources on where to find equipment and clothing that fits.

Employers should make sure that all workers of all sizes have well-fitting PPE and PPC for safe and efficient performance.

PPE intended for use by women workers should be based upon female anthropometric (body measurement) data.


It should be accepted that some workers need to use different lifting and material handling techniques.

Employers, unions, apprenticeship programs and other training entities should review skills training programs to see whether alternative methods are included for getting work accomplished by workers of different sizes or strengths. All programs should emphasize the importance of safe lifting.

Workers need to hear from employers and unions that it’s acceptable to ask for help and to explore alternative ways to lift and carry.

All workers should be trained in the proper ways to lift and bend.

Reproductive hazards

Employers should post Safety Data Sheets (SDS) for each chemical present on the worksite.

Workers should read all SDSs and share the information with their physicians if they are pregnant or planning to start a family.

All workers should educate themselves about the potential reproductive risks from exposure to certain chemicals.

Employers should make reasonable accommodations for workers in later stages of pregnancy, rather than forcing them out of the workplace.

During the later stages of pregnancy, women should consult with their physicians about strenuous physical activities on the job.

The National Institute for Occupational Safety and Health (NIOSH) found that, in a one-year period, 41 percent of female construction workers suffered from gender harassment.As increasing numbers of women enter the construction trades, concerns about their health and safety are growing. In addition to the primary safety and health hazards faced by all construction workers, there are safety and health issues specific to female construction workers. The small percentage of females within the construction trades and the serious health and safety problems unique to female construction workers have a circular effect. Safety and health problems in construction create barriers to women entering and remaining in this field. In turn, the small numbers of women workers on construction worksites foster an environment in which these safety and health problems arise or continue. Source: OSHA