In the retail industry, having a system in place to protect your inventory and prevent loss is essential to your bottom line. Since its inception, closed circuit television (CCTV) has helped retailers prevent theft by allowing as few as one or two employees to monitor an entire store at once.
While CCTV provides overwhelming possibilities to not only catch crimes in progress but also to deter them from even being attempted, where you install CCTV equipment is extremely important. Ill-advised camera placement can potentially lead to costly invasion of privacy suits by your customers and employees.
Expectation of Privacy
CCTV cameras are legal to use in public areas because they are just that–public areas. When an individual is in a public area where they can be clearly observed by those around them, they cannot have a reasonable expectation of privacy. However, in areas deemed to be private spaces, individuals do have a right to expect a certain amount of privacy. Most commonly, private spaces are places like a person’s home or a restroom in which, by law, an individual can expect a certain protection from unwanted intrusions.
Problems can arise when it comes to CCTV placement in private spaces that exist in public settings. When a customer or employee uses a public restroom or changing room, they have a reasonable expectation of privacy even though that space may be part of a larger public space. CCTV cameras installed in these areas could be seen as an invasion of privacy that could, in turn, open the door for legal action.
While installing cameras in restrooms is never a good idea, how CCTV monitoring is conducted inside changing rooms is a chief concern in the retail industry. While it can deter shoplifting, its legality exists in a grey area when it comes to privacy law. Retailers must be extremely careful how they use CCTV equipment in this situation. Unless you are experiencing an abnormally high amount of loss that cannot be contributed to other factors, the level of return on CCTV cameras in changing rooms is not likely to offset the liability risks.
Instead of CCTV, try instituting a different method of loss control that does not make privacy an issue. Staff changing rooms so there is someone to monitor what is being brought in and out. Also, you may consider using an electronic tagging system that will activate an alarm if customers try to leave the store without paying for an item.
Notifying the Customer
A good way to protect your business from invasion of privacy claims is to establish procedures that lower the expected amount of privacy. Post signs at the entrances to the building notifying the use of security cameras on the premises. Many privacy cases involve a discrepancy between the amount of privacy an individual believes they were entitled to and how much they were actually provided with. Proper notification can make it clear to both customers and employees as to what expectations they can have for their privacy upon entering an establishment.
This type of notification is especially important when it comes to CCTV cameras in changing rooms. Notifying customers of any monitoring and the procedures that are being used, alerts them of exactly how much privacy they can reasonably expect. Often times, when CCTV cameras are located in changing rooms, posted notices inform customers that camera operators are of the same gender. In such cases it is important that you back up these notices by enforcing the claims that they make.
CCTV Policy
Establishing a company CCTV policy can also help. The policy should outline the provisions for camera placement and proper camera use. By instituting a company policy for CCTV use, camera operators will know what practices are acceptable and which could put the company at risk for litigation.
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Customer personal injury claims can be costly and very damaging to a retail establishment’s reputation. They can be much more frequent than employee claims in some types of stores, especially warehouses that allow customer access.
Employee safety programs are not sufficient to protect customers, who are at risk for many more accidents than employees for three primary reasons:
- Customers expect the store to be safe.
- Groups like children and the elderly are predisposed to injury.
- Customers do not receive safety training.
Understand to what extent you are liable for customer injuries on your premises and take steps to prevent injury.
Your Liability
You are required to maintain safe premises for your customers; in legal terms, you have a high duty of care. This includes the duty to warn customers of non-obvious, dangerous conditions that you know about, to use ordinary care in active operations in the business and to make reasonable inspections to discover dangerous conditions and make them safe.
Most customer accidents are preventable, so it is important to take steps to make your establishment safer and less exposed to the risk of customer injury and litigation.
Common Injuries
Common injuries that could become your liability include:
- Slip and falls as a result of wet floors, torn carpets, poor lighting or escalators. This type of injury is extremely common.
- Head and body injuries from falling objects, retail displays, out-of-reach objects or other mishaps.
- Shopping cart injuries as a result of the cart tipping
- Overcrowding injuries, e.g., trampling.
- Parking lot injuries as a result of cracked, improperly designed lots or failure to remove ice or snow.
Methods of Prevention
Steps you can take to minimize the risk of a customer claim include the following:
- Identify high-risk areas of the facility (such as where liquids are frequently spilled or tracked), and set up an employee inspection schedule to ensure it does not become a dangerous condition.
- Install video cameras to more efficiently monitor the premises for dangerous conditions and provide proof in case of a claim.
- During snowy, icy or rainy weather conditions, take care of dangerous situations on sidewalks, stairs and parking lots promptly.
- Ensure proper lighting in all areas of the store, and check on a regular basis that all bulbs are functioning. Document your inspections.
- Ensure that displays are stable, and always put heavy items near the bottom of shelves.
- Properly maintain and inspect shopping carts, and discard those that present a risk of tipping.
- Control crowds, especially during busy seasons or large sale events, through physical methods, such as entry turnstiles.
- Design parking lots to avoid injury. Repave, repair and check for hazardous conditions regularly. Document these inspections.
Detecting Fraud
Criminal accident teams can stage injuries, targeting several businesses in the same area. This fraud could cost you millions of dollars in unwarranted payouts. Evaluate this possibility in the event of a customer injury claim, and notify the National Insurance Crime Bureau if you have a suspicion.
Transfer Risk
Liability insurance addresses the cost of legal damages and claims up to policy limits. Work with Scurich Insurance to design the liability package that fits your business–you will be able to select from a wide range of coverage options that you can tailor for your unique needs.
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No industry is exempt from cyber crime, and the real estate industry has become a common target. As hackers devise plans to obtain sensitive information about real estate transactions, real estate professionals need to take particular interest in cyber security to protect their clients and themselves from wire fraud.
What is Wire Fraud?
In instances of wire fraud, a common ploy involves hackers breaking into a real estate agent’s email account to obtain details about upcoming transactions. Once the hackers have all the information they need, they send an email to the buyer, pretending to be the agent or a representative of the title company.
In an email to the buyer, the hackers state that there has been a change in the closing instructions and that the buyer needs to follow new wire instructions listed in the email. If a buyer falls victim to the scam and wires money to the fraudulent account, they’re unlikely to see the money again.
Red Flags
A potential indicator of wire fraud is an email that makes any reference to a Society for Worldwide Interbank Financial Telecommunication (SWIFT) wire transfer, which is sent via the SWIFT international payment network and indicates an overseas destination for the funds.
However, since the emails tend to include detailed information pertaining to the transaction—due to the perpetrator having access to the agent’s email account—many people make the mistake of assuming the email is from a legitimate source. The email addresses often appear to be legitimate, either because the hacker has managed to create a fake email account using the name of the real estate company or because they’ve hacked the agent’s actual email account.
How to Avoid It
Wire fraud is one of many types of online fraud targeting real estate professionals and their clients. To prevent cyber crime from occurring, every party involved in a real estate transaction needs to implement and follow a series of security measures that include the following:
- Never send wire transfer information, or any type of sensitive information, via email. This includes all types of financial information, not just wire instructions.
- If you’re a real estate professional, inform clients about your email and communication practices, and explain that you will never expect them to send sensitive information via email.
- If wiring funds, first contact the recipient using a verified phone number to confirm that the wiring information is accurate. The phone number should be obtained by a reliable source—email is not one of them.
- If email is the only method available for sending information about a transaction, make sure it is encrypted.
- Delete old emails regularly, as they may reveal information that hackers can use.
- Change usernames and passwords on a regular basis, and make sure that they’re difficult to guess.
- Make sure anti-virus technology is up to date, and that firewalls are installed and working.
- Never open suspicious emails. If the email has already been opened, never click on any links in the email, open any attachments or reply to the email.
If You’ve Been Hacked
Take the following steps if you suspect that your email, or any type of account, has been hacked:
- Immediately change all usernames and passwords associated with any account that may have been compromised.
- Contact anyone who may have been exposed to the attack so they too can change their usernames and passwords. Remind them to avoid complying with any requests for financial information that come from an unverified source.
- Report fraudulent activity to the FBI via the Internet Crime Complaint Center at www.ic3.gov/default.aspx. Also contact the state or local realtor association, which will alert others to the suspicious activity.
Contact Scurich Insurance today for more information on avoiding real estate fraud and other types of cyber crime.
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On July 28, 2017, the Internal Revenue Service (IRS) released draft 2017 forms for reporting under Internal Revenue Code (Code) Sections 6055 and 6056.
- 2017 draft Forms 1094-C and 1095-C will be used by applicable large employers (ALEs) to report under Section 6056, as well as for combined Section 6055 and 6056 reporting by ALEs who sponsor self-insured plans.
- 2017 draft Forms 1094-B and 1095-B will be used by entities reporting under Section 6055, including self-insured plan sponsors that are not ALEs.
Instructions for these 2017 forms have not yet been released. The draft 2017 forms are substantially similar to the final 2016 versions, except that sections related to expired Section 4980H Transition Relief were removed. Once released, the draft instructions may include some additional clarifications.
ACTION STEPS
Employers should become familiar with the planned revisions to the forms. However, these forms are draft versions only, and should not be filed with the IRS or relied upon for filing.
Background
The Affordable Care Act (ACA) created reporting requirements under Code Sections 6055 and 6056. Under these rules, certain employers must provide information to the IRS about the health plan coverage they offer (or do not offer) or provide to their employees. Each reporting entity must annually file all of the following with the IRS:
- A separate statement (Form 1095-B or Form 1095-C) for each individual who is provided with minimum essential coverage (for providers reporting under Section 6055), or for each full-time employee (for ALEs reporting under Section 6056); and
- A transmittal form (Form 1094-B or Form 1094-C) for all of the returns filed for a given calendar year.
Reporting entities must also furnish related statements (Form 1095-B or 1095-C, or a substitute form) to individuals.
Forms must generally be filed with the IRS no later than Feb. 28 (March 31, if filed electronically) of the year following the calendar year to which the return relates. Individual statements must be furnished to individuals on or before Jan. 31 of the year immediately following the calendar year to which the statements relate.
2017 Draft Forms
The 2017 draft forms are substantially similar to the final 2016 versions of these forms. However, note the following:
- Section 4980H Transition Relief. Several forms of transition relief were available to employers under Section 4980H for the 2015 plan year (including any portion of the 2015 plan year that fell in 2016). However, this transition relief no longer applies for 2016 plan years and beyond. As a result, references to this transition relief on Form 1094-C have been removed. For example, the following two sections on Form 1094-C related to this transition relief have been designated as “Reserved” and should not be used: Part II, in the “Certifications of Eligibility” Section on Line 22, Box C; and Part III, in the “ALE Member Information – Monthly” table, column (e).
- Instructions for Recipient. Both individual statements (Forms 1095-B and 1095-C) include an “Instructions for Recipient” section. On both of the 2017 draft Forms 1095-B and 1095-C, the following paragraph was added: “Additional information. For additional information about the tax provisions of the Affordable Care Act (ACA), including the individual shared responsibility provisions, the premium tax credit, and the employer shared responsibility provisions, see www.irs.gov/Affordable-Care-Act/Individuals-and-Families or call the IRS Healthcare Hotline for ACA questions (1-800-919-0452).”
No additional changes were included in the 2017 draft forms. However, once released, the 2017 draft instructions for these forms may include additional changes or clarifications. In addition, the IRS may make changes to the draft forms before releasing final 2017 versions.
Additional Resources
The 2016 versions of these forms are currently available on the IRS website:
These forms must have been filed with the IRS no later than Feb. 28, 2017 (March 31, 2017, if filing electronically). However, the IRS extended the due date for furnishing individual statements for 2016 an extra 30 days, from Jan. 31, 2017, to March 2, 2017. The IRS does not anticipate extending the filing or furnishing deadlines for 2017 reporting.
According to the IRS, information returns under Sections 6055 and 6056 may continue to be filed after the filing deadline (both on paper and electronically). Employers that missed the filing deadline should continue to make efforts to file their returns as soon as possible.
The IRS also previously released:
More Information
Please contact Scurich Insurance for more information on reporting under Code Sections 6055 and 6056.
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An owner-controlled insurance program (OCIP) is a type of a wrap-up insurance policy commonly used to insure construction projects. OCIPs replace the traditional method of insuring construction projects – that is, where the various parties involved obtain their own insurance coverage.
Instead, OCIPs provide the participants of a construction project with insurance coverage under one policy controlled by the project owner.
OCIPs offer a number of important benefits to the parties involved, particularly as it relates to the following:
Potential cost savings. OCIPs allow project owners to avoid the costs associated with contractors who carry overlapping insurance coverage as well as markups by contractors who would otherwise pass their insurance costs on to the owner. What’s more, project owner’s bulk purchasing power and economies of scales allow insurance to be obtained at a discount.
Peace of mind. OCIPs consolidate insurance policies into one, uniform insurance program, guaranteeing the owners that individual contractors and subcontractors are adequately covered. Under OCIPs, project owners do not have to worry about the availability or adequacy of insurance coverage for individual contractors on the job site, differences in policy limits and deductibles, or liability that may arise if a contractor allows its insurance coverage to lapse.
Streamlined claims handling. OCIPs facilitate more efficient and simplified claims processing. Under most OCIPs a single insurance company is the control point for reporting claims, conducting investigations and making payments. With one insurer, claim settlement procedures are more consistent.
Reduced litigation. OCIPs can reduce potential litigation and disputes between insurance companies. With traditional insurance policies where each contractor purchases coverage through separate insurance companies, there is a greater chance of lawsuits being used to settle accident and injury claims. By relying on one central insurer, OCIPs eliminate the incentive for litigation amongst insurance companies.
Access to contractors. OCIPs give project owners more flexibility when selecting contractors, because a contractor’s ability to meet minimum insurance requirements of the project is removed from the equation. As a result, the total pool of contractors available to a project owner is expanded through an OCIP.
Safety initiatives. OCIPs allow for the development of a centralized safety program covering the operations of all contractors and subcontractors. This in turn, can improve overall workplace safety for the parties involved in a project.
Length of coverage. OCIPs cover the life of a project plus an extended completed operations period.
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It is obvious that farming can be a dangerous profession, but those working in the commercial hog farming business are exposed to particularly hazardous situations on a daily basis. As a hog farm employer, you need to continually analyze your risks to keep your business afloat. These risks not only include the health and safety of your employees, but also the physical condition of your product, which is crucial to maximizing your profits.
Keep Your Hogs Healthy and Profitable
One of the biggest risks when farming any type of animal commercially is ensuring they stay healthy so you can stay in business. Efficient operations increase profitability by reducing the spread of disease and integrating operations; however, small operations can also turn a profit by specializing in a single stage, keeping hogs healthy and raising them humanely.
As an employer, you must understand the nature of your exposures and exactly how they happen in order to prevent them from occurring at your facility.
Depending on what kind of business you run—whether it is farrow-to-finish, growing, wean-to-finish, breeding, large or family-run—your risks will change. Most of these hazards you are already aware of and take protective measures to prevent, but there are a few common sources of loss that may be overlooked.
Minimize transport loss. A recent Iowa State University study looked at more than 2 million hogs and found that more than 17,000 of them had the potential for reduced value at the processing plant because of carelessness during the transporting process. The National Hog Farmer reports loss averages as high as 2.4 percent per trailer load transported to slaughter plants in the United States over the past seven years.
While this loss might seem negligible, it could accumulate into thousands of dollars in lost business and make a huge difference in a tough market. Consider training your truck drivers and loading crews more thoroughly to emphasize gentleness of starts and stops and proper handling in the sorting, moving and loading process. Also, ensure that your trailers maintain an acceptable temperature and have suitable ventilation even when the vehicle is stopped.
Emphasize disease control. Improperly managed manure removal systems could cost you money in the form of dwindling health of your hogs. Manure buildup in barns holds the possibility for disease, especially Escherichia coli (E. coli), which is particularly fatal in piglets.
Maintain good hygiene and proper temperature control in farrowing crates to lower your mortality rate and increase productivity and profit. In addition, better hygiene leads to healthier hogs, and healthier hogs gain weight more quickly and easily than those exposed to manure buildup and noxious odor. You might consider looking into technological innovations in hog waste and lagoon management systems to help. Between 5 and 10 percent of U.S. hogs are removed from the industry every year because of death and disease, so it is important to stay ahead of your competition by implementing good, healthy practices.
Avoid unsound contracts. Farming is a dangerous occupation, and it is also an unpredictable one. If you depend on outside resources for corn, soybeans, water and medications, make sure these inputs will always be available. Feed inputs can suddenly be in short supply because of bad weather or because of competition from other non-feed harvests. Enter into solid business contracts with these providers to guarantee plenty of supplies for your anticipated number of pigs and hogs.
Keep Your Employees Healthy and Productive
Just as keeping your hogs and pigs healthy is crucial to your business, ensuring your employees are able to work and that they are in a good environment will also help you stay in business and turn a better profit. There are three major employee health concerns specific to the hog farming industry that you should work to avoid or minimize:
Respiratory problems.
According to the University of Iowa’s College of Public Health, one quarter of those working at hog farms have one or more documented respiratory problems. The most common are chronic bronchitis and asthma-like wheezing, which could both be caused by dust, endotoxin and/or ammonia exposure.
Professors at Iowa’s College of Public Health suggest using an extra one percent of oil or fat in the hogs’ diet and reducing the distance between feed drops and feeders to reduce the amount of dust in the air from feed, microbes, dried manure and pig skin cells. Require your employees to use the proper respirators if they will be working more than two hours per day in the barn.
Manure gas exposure.
Manure pits more than three feet deep that are agitated after a long period at rest release hydrogen sulfide gas, which is extremely dangerous. Consider enacting a policy that requires employees to exit the building during agitation and for the 30 minutes following in addition to requiring the appropriate personal protective equipment (PPE).
Also, it is important to empty the pit three or four times per year to reduce the amount of gas buildup. Another option is to raise the pH of the manure to keep gas from escaping the pit and potentially harming employees.
Accidental needlesticks.
ese types of incidents are far more common than expected, and the injection of chemicals meant for animals can be exceptionally dangerous to humans. Accidental needlesticks can result in several types of injuries, including inflammation, infection and hyperimmune responses. Needlesticks involving reproductive hormones can be even more hazardous for female employees, causing hormone imbalance and even miscarriages.
Instruct employees to practice caution when removing needle caps and disposing needles. Keep the proper material data safety sheets (MSDS) on file in case of a needlestick, and do not force female workers to work with hog reproductive hormones if they feel uncomfortable.
Remember that in addition to these hazards, general farming industry dangers also are present. Examples of farming risks you should bring up with employees are proper animal handling, hearing protection, proper machinery and equipment use, repetitive motion hazards, safe lifting techniques and protection against slips, trips and falls.
Be Kind to Your Neighbors
Hog farms garner lots of media attention, especially in Iowa and North Carolina, where the industry is largest. However, not all of the publicity is positive. There is growing concern among scientists that hog farm odor and byproducts could be hazardous to the environment and to people living near large operations. There have been several lawsuits recently involving neighbors of large hog farms who claim the byproducts are negatively affecting their health. Legal issues can be financially draining and negatively affect your business both at a profit level and in terms of reputation.
While there is limited evidence supporting residents’ claims that hydrogen sulfide gas omitted by large hog farms leads to serious neurological damage of people living nearby, it does not hurt to be cautious. Avoid the increasingly more common practice of spraying liquid manure into the air when the chemical levels in collection pools get too high. Regularly test the air in and around your facility for hydrogen sulfide and ammonia concentrations—the recommended standards vary by state, but they are generally around 15 parts per billion and 150 parts per billion, respectively.
In general, comply with the Occupational Health and Safety Administration’s (OSHA) standards of hazard control. Also, take additional care when disposing of chemicals and waste, and always keep the risk of litigation top-of-mind.
If you have additional questions about your exposures as a hog farm employer, contact Scurich Insurance at 831-661-5697.
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