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BUSINESS INTERRUPTION As tomorrow’s World Backup Day should remind us all, there is one risk mitigation measure every company should have in place and regularly reevaluate: a data backup strategy.A data backup is an archive or copy of a company’s information, sensitive or otherwise, and presents a critical part of any enterprise’s disaster recovery plan, especially in the event of a data loss. CHILD LABOR: A REPUTATION ARMAGEDDON An investigative reporter videotaped the scene at the factory. It shows children who appeared to be between the ages of 10 and 13, stitching embroidered shirts in a crowded, dimly lit work-room. The video clearly shows a Gap label on the back of each garment. The reporter, Dan McDougall, said the children were working without pay asvirtual
THE RISKS AND OPPORTUNITIES OF DOING BUSINESS IN BRAZIL The expansion of Petrobras, a Brazilian oil conglomerate that Forbes lists as the world’s 20th-largest company, may present even more chances for foreign companies to cash in. It is estimated that the nation will spend some $250 billion on contracts after the massive off-shore oil deposits discovered a few years ago, said Tedford. COCA-COLA | RISK MANAGEMENT MONITOR Last week, a jury in Corpus Christi, Texas awarded $21 million in damages to a woman who was struck by a Coca-Cola driver who had been talking on her cell phone at the time of the accident. The plaintiff’s attorneys were able to successfully argue that Coca-Cola’s cell phone policy for its drivers was “vague and ambiguous.” They also suggested that Coca-Cola was aware of thedangers
THE 5 COMPANIES HIT HARDEST BY THE THAILAND FLOODS Thailand is a midsize country of 67 million people and its outsized importance in global supply chains is now becoming clear. Here are 5 companies most affected by the historical floods: Toyota — It seems as though any natural disaster affects this automotive manufacturer. Toyota announced today that it will suspend production at its plants SHOULD YOU RESPOND TO A RESERVATION OF RIGHTS LETTER The authors state: “Generally, there is no requirement that a policyholder respond to an insurer’s reservation of rights letter, disagreeing with the reservation or the bases thereof. However, it is highly recommended that the policyholder do so.”. In some cases, a well thought-out response can save an organization a large amount ofmoney
MEGA DISASTERS: THE YELLOWSTONE SUPERVOLCANO And, unquestionably, the greatest episode of Mega Disasters was the one that detailed the literal doomsday scenario of an eruption of the “supervolcano” lurking — for now — dormant beneath Yellowstone National Park. The most recent eruption of the Yellowstone Caldera came 640,000 years ago and, according to these scientists, on that day RISK MANAGEMENT MONITOR Leaders must build out their risk management framework to incorporate a broader lens. It is now paramount to ensure team members have access to resources to work from home safely and comfortably, with the right technology support and a focus on open lines of communication. The pandemic has also brought on feelings of isolation and fear for many. JUNE | 2021 | RISK MANAGEMENT MONITOR All data and information provided on this blog is for informational purposes only. RIMS makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. 5 STRATEGIES TO MAXIMIZE YOUR RISK ASSESSMENTS Based on the study results, here are five strategies you can adopt to gain a front liner advantage: Put your risk assessments to use in real-time. For true impact, organizations incorporate risk assessment findings into their business decisions. Assessments should be efficient, and actions should be implemented quickly to addressimmediate
BUSINESS INTERRUPTION As tomorrow’s World Backup Day should remind us all, there is one risk mitigation measure every company should have in place and regularly reevaluate: a data backup strategy.A data backup is an archive or copy of a company’s information, sensitive or otherwise, and presents a critical part of any enterprise’s disaster recovery plan, especially in the event of a data loss. CHILD LABOR: A REPUTATION ARMAGEDDON An investigative reporter videotaped the scene at the factory. It shows children who appeared to be between the ages of 10 and 13, stitching embroidered shirts in a crowded, dimly lit work-room. The video clearly shows a Gap label on the back of each garment. The reporter, Dan McDougall, said the children were working without pay asvirtual
THE RISKS AND OPPORTUNITIES OF DOING BUSINESS IN BRAZIL The expansion of Petrobras, a Brazilian oil conglomerate that Forbes lists as the world’s 20th-largest company, may present even more chances for foreign companies to cash in. It is estimated that the nation will spend some $250 billion on contracts after the massive off-shore oil deposits discovered a few years ago, said Tedford. COCA-COLA | RISK MANAGEMENT MONITOR Last week, a jury in Corpus Christi, Texas awarded $21 million in damages to a woman who was struck by a Coca-Cola driver who had been talking on her cell phone at the time of the accident. The plaintiff’s attorneys were able to successfully argue that Coca-Cola’s cell phone policy for its drivers was “vague and ambiguous.” They also suggested that Coca-Cola was aware of thedangers
THE 5 COMPANIES HIT HARDEST BY THE THAILAND FLOODS Thailand is a midsize country of 67 million people and its outsized importance in global supply chains is now becoming clear. Here are 5 companies most affected by the historical floods: Toyota — It seems as though any natural disaster affects this automotive manufacturer. Toyota announced today that it will suspend production at its plants SHOULD YOU RESPOND TO A RESERVATION OF RIGHTS LETTER The authors state: “Generally, there is no requirement that a policyholder respond to an insurer’s reservation of rights letter, disagreeing with the reservation or the bases thereof. However, it is highly recommended that the policyholder do so.”. In some cases, a well thought-out response can save an organization a large amount ofmoney
MEGA DISASTERS: THE YELLOWSTONE SUPERVOLCANO And, unquestionably, the greatest episode of Mega Disasters was the one that detailed the literal doomsday scenario of an eruption of the “supervolcano” lurking — for now — dormant beneath Yellowstone National Park. The most recent eruption of the Yellowstone Caldera came 640,000 years ago and, according to these scientists, on that day RISK MANAGEMENT MONITOR Leaders must build out their risk management framework to incorporate a broader lens. It is now paramount to ensure team members have access to resources to work from home safely and comfortably, with the right technology support and a focus on open lines of communication. The pandemic has also brought on feelings of isolation and fear for many. JUNE | 2021 | RISK MANAGEMENT MONITOR All data and information provided on this blog is for informational purposes only. RIMS makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. CORPORATE CULTURE AND RISK MANAGEMENT Corporate Culture and Risk Management. According to an April New York Times article, “Uber’s core company values included making bold bets, being “obsessed” with the customer, and to “always be hustling.”. The company emphasized meritocracy, setting employees up as rivals and overlooking transgressions of its high performers. AUTOMATING RISK FUNCTIONS FOR GREATER VALUE CREATION Despite recent volatility, more than 60% of risk executives surveyed in a recent PwC US Pulse Survey were optimistic about the global economy, as well as the state of the pandemic recovery. This optimism could stem from a greater alignment between risk functions and thebusiness.
THE TOP 10 CONSTRUCTION RISKS With one notable, major exception: capital availability/credit risk. That isn’t so surprising, however. The industry has been crippled by the housing collapse, so profits and, thus, cash holdings are going to be low. Perhaps more troubling is the other risk that companies are now less prepared for than they were two years ago: third party HOW TO USE ODG DATA TO IMPROVE WORKERS COMP CASE ODG has a wealth of data that can be used to benchmark estimated incurred financials and return to work (RTW) best practices by job class, state, injury diagnoses, and numerous other confounding factors (e.g., obesity, diabetes, etc.). You can benchmark guidelines against both current and historical workers compensation claims to identifyREPUTATION RISK
Vendor risk management (VRM) is the practice of evaluating business partners, associates, or third-party vendors both before a business relationship is established and during the duration ofENVIRONMENTAL RISK
The nation’s vast network of underground water pipes is hitting its retirement, and in some areas sooner than others. In Washington, D.C., alone, there is a water pipe break every day on average, according to a recent article in the New York Times.But it’s not just the nation’s capital that struggles with the infrastructure of a aging sewer system that was built around the time of theTECHNOLOGY RISK
Nearly two years ago, an infamous incident occurred where stolen pictures of celebrities flooded the internet. Originally, it was thought that this was due to an iCloud vulnerability that allowed a brute force attack. But it now turns out it was because of a simple social engineering phishing hack. NATURAL CATASTROPHES Unrelenting frigid weather often means frozen water pipes – one of the biggest risks of property damage. In fact, a burst pipe can cause more than $5,000 in water damage, according to IBHS research. Structures built on slab foundations, common in southern states, frequently have water pipes running through the attic, an especially vulnerable location. Skip to primary content Skip to secondary content RISK MANAGEMENT MONITOR THE RISK MANAGEMENT BLOGSearch
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EMPLOYEE ENGAGEMENT IS KEY IN COVID-19 RECOVERY Posted on May 20, 2021by Carrie Cannataro
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Businesses and their employees have had to rapidly adjust to the shutdowns and disruptions caused by the COVID-19 pandemic, and their ability to adapt and pivot will continue to be critical as organizations start to recover from the impacts of the crisis. To further compound these circumstances, the ability to maintain engaged, empowered, and satisfied team members has proven challenging for many. While some organizations have thrived under their modified operating conditions, others have struggled to respond to change and keep team members engaged and productive. While rates of vaccinations are bringing some hope about the pandemic’s eventual end, the tidal wave of change we have experienced is unlikely to ebb any time soon. When creating your COVID-19 recovery plans, the value of engaged and satisfied team members in this fast-moving environment must not be understated. Engaged employees will support your organization to achieve its mission, execute its strategy and generate results, particularly as times remain uncertain. As leaders, we must ask: how can we leverage the rapid change we have experienced over the past year, continue to drive growth and sustain employee satisfaction and engagement? Here’s how: 1. ACCEPT REMOTE OR HYBRID WORK ENVIRONMENTS AS THE “NEW NORMAL” The days of office cubicles and open floor plans for all employees are gone. We now operate in a world where some of our team members will continue to work where it is the safest, most suitable, and most empowering for them. Many organizations across industries have already embraced the fact that working remotely, in some form or fashion, is here to stay. This shift has had many benefits—such as being able to recruit talent outside of your typical geographic area and eliminating lengthy commutes from home to office. However, the shift has not been without challenges and very real risks. As we move into a recovery phase, leaders must remain alert to the challenges brought by an environment with minimal face-to-face interaction, the potential for feelings of social isolation, the need for different ways to access information or support, and the natural distractions of being at home. For leaders, scheduling regular check-ins and establishing rules of engagement has not changed, regardless of whether you work in an office or at home. However, with a majority of our workforce currently at home, we need to get creative in the way we support and engage ourteams.
2. MANAGE THE NEW RISKS This shift from in-office environments to hybrid or remote work environments has brought to light many physical, psychological and technological risks. Leaders must build out their risk management framework to incorporate a broader lens. It is now paramount to ensure team members have access to resources to work from home safely and comfortably, with the right technology support and a focus on open lines of communication. The pandemic has also brought on feelings of isolation and fear for many. If you have yet to adjust your workplace mental and physical support offerings, do not neglect these critical needs any longer. Ensure such offerings are also set up for those workers continuing in a hybrid or fully remote setting. 3. PRIORITIZE COMMUNICATION How we communicate and engage with our teams is as important as ever. Whether it’s Zoom, Slack, Webex, Microsoft Teams or any of the other platforms we have increasingly relied on over the past year, we need to provide opportunities for both formal and informal communication to flow. Through informal social connections, leaders can demonstrate emotional support and consideration for their team, which ultimately leads to higher engagement. When leaders are engaged, supportive, and available to their employees, it helps reduce feelings of isolation and reinforces your strong company culture. At the end of the day, when team members feel they work for an organization that supports their ambitions and wellbeing, it increases productivity, retention, and cost savings. This translates to bottom-line success.*
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Posted in Business
, Disaster
Recovery
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Pandemics ,
Workplace
| Tagged covid-19
, covid-19
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hybrid workforce
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Leadership ,
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COMBATING FRAUDULENT COVID UNEMPLOYMENT CLAIMS Posted on May 17, 2021by Timothy Zeilman
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As federal and state officials scramble to send unemployment and stimulus funds to help people hit hard by COVID-19 business shutdowns, it has become a perfect storm for cyber fraud. The payments are an easy target for cybercriminals as hackers and cyber gangs around the world have started to file unemployment claims use stolen identities. Some criminals claim benefits in the names of dead or incarcerated people, while others set up shell companies, “hiring and firing” fictitious employees to collect payments. For example, cyber gangs in Nigeria have stolen millions in benefits from multiple states using hacked names, Social Security numbers and other information sold for as little as two dollars each on the dark web. In New York, a man was charged with filing more than $1.4 million in false COVID-19 unemployment claims, using the stolen identities of over 250 unknowing victims. According to U.S. attorneys, he was caught in part because he used the same IP address and security question and answer—the name of his family dog, Benji—to submit theapplications.
The U.S. Department of Labor estimates fraudsters may already have stolen at least $63 billion through phony jobless claims, while other reports say the losses could be as high as $200 billion. In addition, unsuspecting victims are at risk of receiving surprise tax bills because cybercriminals stole their identities and filed fraudulent claims for COVID-19 unemployment payments. WATCH CLOSELY FOR SIGNS OF FRAUD The Federal Trade Commission warns that unemployment fraud puts workers at additional risk of identity theft crimes including tax fraud. What can you do to help protect your employees? Unemployment fraud is often uncovered when employers are notified by state officials that employees have applied for benefits. If they are still working, they may be the victim of identity theft. Be alert to the signs of cybercrimes and unemployment fraud. Contact your human resources department or tax administrator and ask them to look carefully at any notices or requests they receive from state unemployment officials. If you get a report about unemployment benefits that an employee did not request or receive, contact the employment division of your state labor department. Unemployment fraud is so widespread that most states have set up special procedures to deal with these situations.WARN YOUR EMPLOYEES
Let employees know that unemployment scams are a serious problem. Identity theft can also lead to tax fraud, credit card theft and loans taken out in their names. Notify a working employee immediately if the state informs you they have filed for unemployment benefits. They may be the victim of identity theft and should file a police report. Officials say workers scammed by cybercriminals do not have to pay unemployment taxes, but they must report the crime to the state labor department. And they should file their federal and state taxes on time for the correct amount of their income. The U.S. Labor Department has created a special website for victims of unemployment fraud. REVIEW YOUR CYBERSECURITY Much of the personally identifiable information used by cyber thieves comes from data breaches, phishing schemes and other cyberattacks. Remind employees, particularly in human resources and tax departments, to be alert for suspicious emails, telephone calls and text messages about payroll information or W-2 forms. The threat will continue beyond the pandemic. Business email compromise, in which employees are tricked into paying company funds into fraudulent accounts, is at an all-time high, so make sure employees have regular cybersecurity training. If you haven’t conducted a data inventory, do so now. Once you know what data you keep, you can determine what controls you require to protect that data. Store employee records securely and dispose of personally identifiable information carefully. It is also advisable to use a secure email gateway, which protects from spam, viruses, malware and denial-of-service attacks, and make sure employees working remotely are using secure company devices. Install patches and software updates, setting up automatic software updates whenever possible. Unemployment or tax fraud targeting multiple employees may indicate a data breach. If you have a theft or cyberattack, contact your insurance carrier and, if necessary, seek expert help to identify the source, the extent of the problem and how best to respond.*
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Posted in Claims Management,
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BUILDING EFFECTIVE IT DISASTER RECOVERY PLANS Posted on May 7, 2021by Chris Hinkle
No matter how well-managed IT infrastructure is, there is always the risk that a tiny hiccup could ultimately turn into a real emergency. Given the increasing reliance on technology tools and access to business-critical data to continue operations, every business should have an effective IT disaster recovery plan in place to minimize disruption when disaster strikes. Risk professionals must consider and plan for this situation with regular testing and run-throughs to ensure that all team members understand the recovery plan and know their responsibilities. As natural disaster season begins,
risk professionals should assess the risks and mitigation strategies in place to minimize disruption and losses. The following tips can help ensure that IT disaster recovery plans are as effective aspossible:
PLAN IN THE RISK MANAGEMENT CONTEXT Instead of thinking too much about what a disaster would mean for your company, frame your recovery plan in the context of risks. Start by examining which risks your company faces, and what steps you can take to minimize each one. This will ensure that all teams are fully aware of what the risks are, and how they can make a difference in eliminating potential problems. PRIORITIZE COMMUNICATION Nothing exacerbates a disaster like a communications breakdown, so all good recovery plans should focus on communication. The onset of an IT disaster could impact communication systems, so plan an alternative way of communicating with teams in the event of an emergency. Ensure that all team members know the backup communication method, and that everyone understands who they need to contact to inform them of thesituation.
PROTECT DATA CONTINUITY AND BACKUPS Data continuity planning is critical to minimize losses during a crisis. At its essence, data continuity ensures companies have alternative processes and infrastructure in place to allow key IT operations to remain intact, taking into account both hardware and software. A first step is often to invest in failover systems across multiple locations as well as backup generators and power supplies, and ensuring you keep them all in working order. Data continuity also involves backing up all important data and storing it in a location away from potential disruption. Methods range from server replication to continuous protection (continually backing up data on a separate server). For data back-ups, businesses often choose disk-to-tape or disk-to-cloud models. Either way, the most crucial element of backing up data is knowing what to replicate and what to leave. Archiving everything available can mean greater expense, but being selective can increase the risk of losing information. The rule of thumb is that, as a minimum, any backed-up data should be capable of restarting business operations from scratch. DEFINE ACCEPTABLE DOWNTIME The amount of downtime that a company can feasibly take varies considerably depending on the company’s size and the products or services it provides. Think about how a disaster could affect your company, then decide on the steps that you’d need to take in different potential scenarios. In most cases, a few minutes of downtime rarely constitutes a total disaster, so focusing on recovery plans that can get systems back up and running as quickly as possible will help keep losses as low as possible. Cloud-based technology can be very helpful in such disaster scenarios since data is off-site and services stay operational even if your physical location is impacted.*
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Posted in Business
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COVID-19 VACCINES: SHOULD YOU MANDATE, MOTIVATE OR EDUCATE EMPLOYEES? Posted on April 29, 2021 by Carrie B. Cherveny For the past year, employers have grappled with unprecedented workplace safety and human resources challenges, forced to address safety measures that were unfamiliar for many industries. Employees have become accustomed to daily health screening and masks, and human resources has added COVID safety training and enforcement to its job duties. As vaccines are becoming more prevalent, employers have to now decide whether they should vaccinate their workforces. Making this decision can seem daunting and the applicable employment laws canseem overwhelming
.
However, there are some baseline considerations that may help. As a threshold matter, employers are obligated under the OSHA GeneralDuty Clause
to provide a
safe working environment to their employees. At the direction of President Joe Biden, OSHA released new comprehensive guidance regarding COVID workplace safety, including a 16-point list of essential components of a workplace safety program. OSHA recommended that employers make the vaccine available to eligible employees at no cost, and made clear that employers must continue to enforce COVID safety protocols regardless of an employee’s vaccination status “because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person.” Employers now must determine whether they will mandate, motivate, or educate employees to receive the vaccine. They will first have to determine whether the vaccine will provide a safer working environment. While it seems clear that the vaccine will minimize or eliminate the vaccinated individual’s COVID symptoms, it remains unclear whether a vaccinated worker may spread the virus to others. Therefore, a vaccinated workforce may still be a contagiousone.
Businesses that serve in-person customers may benefit from mandating the vaccine. A local restaurant or retailer may be able to advertise that its staff is vaccinated encouraging patrons to return. While a mandatory vaccine program may be complex, the benefit of returning customers may outweigh the pain of a program. Conversely, in an organization where most employees have remained remote and business has continued at normal levels, the complexity of a mandatory program may not be worth it. In the latter scenario, it may be better to implement a voluntary program, which is easier to administer and has less compliance complexity. Employers will have to weigh the return on investment for each approach. Employers will also have to determine their appetite for risk. Many initially lean toward a mandatory vaccine approach in an effort to protect employees from becoming seriously ill. However, even mandatory programs pose liability risks for employers. Essentially, there are two schools of thought regarding mandatory vaccine programs: * A VACCINATED WORKFORCE IS ESSENTIAL TO SAFETY. A vaccinated workforce will reduce community spread and bring the workforce closer to herd immunity. The fewer employees that become symptomatic or sick, the sooner we may reduce COVID-19’s spread. Likewise, it would be negligent, or a violation of the employer’s General Duty obligations, to not mandate eligible employees to receive the vaccine. * THE VACCINE IS TOO NEW TO MANDATE. On the other hand, some believe that it would be negligent, or a violation of an employer’s General Duty to require employees to receive the vaccine, noting that the vaccine is merely under emergency authorization. Consequently, mandating that eligible employees receive the vaccine would create employer liability for any possible harm the vaccine could cause toemployees.
It is also important to note that mandatory programs will likely trigger workers compensation coverage for any medical services and/or lost time associated with employee reactions to the vaccine. Workers compensation coverage is not always a bad thing. Employers should remember that the workers compensation exclusive remedy provision protects employers from negligence and tort claims (but not grossnegligence).
Employers should also consider the practical and operational complexities associated with a vaccination program. Employers who implement a mandatory program must be prepared to enforce the rules. They may be faced with difficult decisions regarding candidates and eligible employees who refuse to receive the vaccine (without any legal protections). Can the employer continue to recruit and retain talent under a mandatory program? Regardless of where an employer lands on the vaccine program spectrum, they must take their employee complaints and concerns seriously. Likewise, employers must not take adverse action against a complaining employee. Employee OSHA whistleblower cases have reached unprecedented numbers. As of February 5, there have been 4,738 COVID OSHA whistleblower complaints filed in the previous 12-months. Before 2020 (and COVID-19), the largest number of complaints received by OSHA in a 12-month period was 3,355 in 2016. The good news, if there is any, is that employers that provide safe working environments, are open to employee concerns, and communicate with workers are already taking positive and proactive steps to avoiding liability and litigation. The following best practices maybe helpful:
* Review your COVID safety program to ensure it comports with OSHA’s 16-point COVID prevention program guidance , and continue to review and update as guidance and regulations change. * Provide managers and employees regular safety training, and provide managers with training to enforce safety programs, hold employees accountable, and document all safety incidents and violations. * Stay up to date with regulations. OSHA has updated emergency temporary standards, and local and state laws continue to changerapidly.
* Update anti-retaliation policies to include COVID safety protocols. Also consider a whistleblower hotline and ensure that managers are trained and understand how to take seriously and address employee concerns and complaints. * Be sure your workforce has the most current information regarding COVID-19, its symptoms and transmission, and the vaccine. Also be sure to provide all communication in multiple languages for a multilingualworkforce.
Ultimately, COVID workplace safety is at the core of any employer’s operations. Whether an employer mandates, motivates or educates its employees to receive the vaccine, they must continue to evolve and enforce their COVID safety protocols.*
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Posted in Business
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Legal ,
Pandemics ,
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| Tagged coronavirus, coronavirus
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