Studies have shown that most Americans spend more than 90% of their time indoors – an environment that’s significantly more contaminated than the outdoors. Maintaining a pollutant-free indoor environment can help raise productivity, reduce potential legal liability for building owners and managers, and improve the health of workers.
Fungi, a biological contaminant that flourishes in moist environments, can trigger a wide variety of health problems and complaints. The best way to curb fungal growth is to monitor and avoid water leaks, moisture migration through masonry walls, and condensation. (For example, high humidity levels might be due to running a chilled water air conditioning system at too high a temperature).
To help manage the moisture and water infiltration that breeds fungi, experts recommend following these rules of thumb:
- If the fungal growth is on a hard surface, scrape it off as soon as possible.
- If the fungus is growing on a porous surface – such as plasterboard, carpet, or ceilings –have it removed carefully to prevent the uncontrolled release of fungal spores. (Removing or disturbing materials contaminated by fungi can increase airborne fungal levels by a factor of 10).
- Dispose of fungal-contaminated materials under controlled conditions to prevent contamination of clean areas and protect building occupants and the area from elevated exposures.
- Dry any porous materials where water infiltration has occurred within 24 hours.
Increasing concern by the Occupational Safety and Health Administration and state health departments about exposure to fungal spores reinforces the need for keeping the spread of fungi under control.
We’d be happy to offer our advice on helping keep your building fungus-free – and its occupants healthy.
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In one of my favorite new age books, The Alchemist, author Paulo Coelho discusses four obstacles to realizing the journey towards our Personal Legend:
- The first obstacle is resignation to failure. We’re told from childhood onward that everything we want to do is impossible. In many cases, we’re the ones telling ourselves this – and we believe it!
- The second obstacle is misunderstood love. Says Coelho, “We know what we want to do, but are afraid of hurting those around us by abandoning everything in order to pursue our dream.” In a sense, we’re afraid to change because the people around us might not love us as much if we do. For example, they might view us as a threat, mirror our own inadequacies, or break away from the norm or culture. Coelho encourages us to accept that love is a stimulus; that the people who truly love us want the best for us: to be worthy of the miracle of life.
- The third obstacle is the fear of failure. According to Coelho, “We warriors of light must be prepared to have patience in difficult times and to know that the Universe is conspiring in our favor, even though we might not understand how.” In my personal experience, when we follow our passions we get what we ask for – just not when or how we expect it. There is no journey without roadblocks, setbacks, and challenges. This is what strengthens us. Our character is no different than our muscles: You use it or you lose it.
- Finally, there’s the obstacle of self-sabotage. As Oscar Wilde said: “Each man kills the thing he loves.” According to Coelho, the mere possibility of getting what we want fills our souls with guilt. We ask ourselves, “Who am I to be so fortunate when there are so many people in pain? Do I somehow think that I’m now better than other people because of my success?’ The ancient Greek term was hubris. When we become too full of ourselves and our accomplishments, the end is near. That’s why the journey is never about arriving, but traveling forever. Says Coelho, “I’ve known a lot of people who, when their personal calling was within their grasp, went on to commit a series of stupid mistakes and never reach their goal – when it was only a step away.” I know many of those people too.
When you think about your career, where have these obstacles shown up? Where do you have personal doubts about your ability to accomplish your Personal Legend? Who or what is attempting to hold you back from meeting these goals – or is this a story of your own making? Are you willing to accept that the journey toward success is guaranteed to come with more suffering than for those who are willing to simply be comfortable? Finally, are you willing to find joy in your success without the need to sabotage it?
Here are some Coelho quotes from The Alchemist:
- “If someone isn’t what others want them to be, the others become angry. Everyone seems to have a clear idea of how other people should lead their lives, but none about his or her own.”
- “There is one great truth on this planet: whoever you are, or whatever it is that you do, when you really want something, it’s because that desire originated in the soul of the universe. It’s your mission on earth.”
- “To realize one’s destiny is a person’s only real obligation.”
- “The only reason why each day feels the same as the next is because people fail to recognize the good things that happen in their lives every day that the sun rises.”
- “I’m an adventurer, looking for treasure.”
- “Making a decision is only the beginning of things. When you make a decision, you’re really diving into a strong current that will carry you to places you had never dreamed of when you first made the decision.”
- “When a person really desires something, all the universe conspires to help that person to realize his dream”
- “Every search begins with good beginner’s luck. Every search ends with the victors being tested severely.”
- “When you possess great treasures within you, and try to tell others about them, you are seldom believed.”
- “When something evolves, so does everything around it as well.”
- “When we strive to become better than we are, everything around us becomes better, too.”
- “The world’s greatest lie is that we lose control of our own lives and must let them be controlled by fate.”
- “Be worthy of the miracle of life.”
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The Supreme Court decision (Windsor v. U.S.) legalizing more than 1,000 federal spousal benefits for same-sex couples will have a major impact on the administration of pensions and health plans for employers throughout the nation.
For example, the high court’s ruling overturning the benefits provisions of the Defense of Marriage Act (DOMA) means that surviving same-sex spouses under a defined-benefits retirement plan will now be entitled to receive survivor annuity payments. The decision’s expanded definition of “marriage” will require companies that offer self-funded health benefits for married spouses to extend this coverage to same-sex couples.
The sheer number of benefits under DOMA, together with variations among laws and regulations on the state level – especially in the 38 states that don’t recognize same-sex marriage – will make implementing the Windsor decision a challenge for businesses that offer spousal benefits to their workers.
To deal with this changing situation, we’d recommend that you:
- Have your attorney(s) review the benefits that you’re providing to employees’ spouses for compliance with the new requirements; ask for guidance from federal and state regulators.
- Implement the administration of new same-sex benefits (for example, amending your payroll procedures to update the federal income tax treatment of qualified benefits programs for spouses) as soon as possible – certainly by the end of this calendar year or the plan year.
- Provide complete documentation of the revisions to your plans.
- Before you communicate these changes to your employees, do your homework and be prepared to answer their questions.
As Employee Benefits specialists, we can help guide you through this process – just give us a call.
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Air, water, and soil pollution pose a serious financial threat for contractors. One small misstep can require thousands – or even millions – to clean up.
Consider these scenarios:
- Remodeling a school kicks up dust.
- Using construction materials generates fumes that pollute the air.
- Hitting an underground storage tank leads to the release of liquid pollutants.
- Spraying to remove a bees’ nest from a work area releases insecticides.
- Tying into a sewer line improperly causes sewage to back up.
Your Comprehensive General Liability (CGL) policy provides severely limited protection against these types of pollution claims. Not to worry! Contractors Pollution Liability (CPL) insurance can protect you. (These policies are sometimes written together with Contractors Professional Liability coverage – see the previous article).
CPL covers Bodily Injury and Property Damage – whether by settlement or verdict – as well as the expenses of investigating, defending, or settling claims. Most policies also cover the costs of removing or neutralizing pollutants and restoring the damaged property.
CPL policies usually include a “hammer clause” that works like this: if the contractor chooses to fight a claim, rather than settle it, the insurance company’s liability for damages and claims expenses is limited to what it would have had to pay if the contractor had approved the settlement. As you can imagine, most contractors choose to settle when their insurer recommends this approach.
As with Contractors Professional Liability coverage, CPL policies are usually written on a case-by-case basis, with the size of the policy depending on your situation (for example coverage might be worldwide or limited to the U.S). Our agency would be happy to work with you, and the quality insurance companies we represent, to tailor a program suited for your needs. Feel free to get in touch with us at any time.
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New approaches to building projects, as well as new techniques, are leading to increased demand for Professional Liability insurance for contractors.
A few years ago, people would shake their heads at the idea of this coverage, asking how contractors could be held liable for professional risk when they don’t provide professional services.
However, there has been a blurring of the once-sharp lines between contractors and architects and designers, as more and more contractors are being drawn into the design process. Under the traditional “design-bid-build” method, a project would be designed, bids put out, and the project built. However, the spread of the “design-build” concept – which decreases the amount of time, and the cost, of the project involved – has meant that medium sized and large contractors often take the design responsibilities in-house, and even subcontract them to design firms.
These contractors’ biggest exposure is for claims filed against them for project delays and cost overruns. However, traditional General Liability insurance offers coverage only for Bodily Injury and Property Damage, and does not cover financial or economic losses. Contractors Professional Liability insurance fills this gap.
Because these policies are relatively recent, only a limited number of insurance companies offer them. These companies haven’t paid enough claims for underwriters to establish the underwriting history and set standard rates – which means that policies are usually negotiated on a case-by-case basis. The amount of insurance can be up to $50 million; if a contractor needs more capacity, coverage can be added through excess layers.
If your firm is (or might be) taking on project design responsibilities, a comprehensive Contractors Professional Liability policy can help protect your pocketbook – and provide peace of mind. To learn more, just give us a call.
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In the construction world, we’re often quick to reprimand our workers about safety violations. Such phrases as “Hey, put your helmet on!”, “Seriously, do you really think this is a good idea?” and “Get off that ladder now!” come to mind. All too seldom, do we say, “Thanks. You’re doing a great job in keeping the site safe!”
As you walk your work sites or wander the shop, it’s important to search out potential hazards and people who are not following what’s expected. However, don’t forget to recognize and acknowledge the workers who are doing their jobs right. When you recognize the power of thanking those who do well, their peers pay attention. That’s the reason why merit badges work.
Whether you’re a supervisor, foreman, or project manager, your job is to encourage safe behavior by motivating – not threatening – your workers as often as possible. Showing gratitude goes a long way in forming your crew and your friends. Take the time, and you’ll soon be surrounded by people who want to work for you. When you recognize this, you will understand the power of thanks.
Without trust, there’s little chance of success in any business – including yours. Your role is to help your workers stay out of trouble and eliminate acts and conditions on the job that can harm them. Whenever possible, it’s better to work with them, rather than acting as an obstacle.
Help your construction crews understand the hazards of the work they do and how to get them corrected. Establish a level of trust, and say “Thanks!” more often than “Stop!”
Remember, you catch more flies with honey than vinegar.
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