Reducing the Effects of Noise
in the Workplace

According to the National Institute for Occupational Safety and Health (NIOSH, 2005), approximately 30 million workers in the U.S. are exposed to hazardous noise on the job each year. Extended noise exposure can cause a temporary ringing in the ears or other temporary changes in hearing (ears may feel stuffed up). Short-term problems like these usually subside within a few minutes or hours after the noise ceases. However, repeated exposures to loud noise can lead to permanent, incurable hearing loss.

Certain industries, such as agriculture, mining, construction, manufacturing and utilities, transportation, and the military, are prone to higher noise levels and, therefore, pose a greater risk of hearing loss to workers. According to NIOSH, industry-specific studies reveal that 49% of workers in the mining industry are likely to experience hearing impairment by age 50, compared to around 9% of the general population; this figure rises to 70% for mining workers at age 60. Approximately 48% of plumbers and 44% of carpenters report a perceived hearing loss. NIOSH indicates that noise-induced hearing loss is the second most self-reported occupational illness.

Hearing loss is permanent, but it may be easily prevented. Business owners can take several steps to help employees preserve their hearing. The best way is to reduce the hazardous noise level by installing a muffler or an acoustic barrier. Secondly, employers can provide workers with protective devices, such as earmuffs or earplugs, as well as educate workers about their use.

The gradual effect on hearing may go unnoticed, especially if at-risk employees are not aware of the potential consequences. To determine the extent of noise pollution, a business can employ a noise evaluation service to measure sound levels in the workplace. In this way, employers may become aware of which employees are most at risk for hearing damage. With regular hearing tests, signs of hearing loss can be detected early and addressed before severe damage is done. Measures of prevention like these can contribute to the possibility of avoiding workers compensation claims, higher business insurance costs, and possible Occupational Safety and Health Administration (OSHA) fines.

For more information on occupational hearing loss, or other work-related injuries or illnesses, give us a call.

According to the Identity Theft and Assumption Deterrence Act, identity theft is defined as when someone,"knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law."

Identity theft can have a catastrophic effect on businesses that fail to adequately protect confidential data. "Losing" a customer’s data can result in litigation or fines, and it may damage a company’s reputation irreparably if a data breach is made public.

Taking preventative measures may help deter potential identity thieves and protect your valued customers. Your company’s security systems should be thoroughly analyzed, and steps should be taken to correct any potential problems. For more information about specific actions your business may consider, contact the Federal Trade Commission at 877-IDTHEFT or visit their website at http://www.consumer.gov/idtheft.

Additional Insured—Not Just a Name

As a business owner, from time to time, you may enter into relationships with businesses, government agencies, other entities, or individuals. These relationships may expose you to risk, such as liability arising from another party’s negligence or faulty/hazardous products. "Hold harmless" agreements—provisions where one party assumes liability by indemnifying the first party—are a popular way to protect your company against potential liability; however, in many situations, it may be best if you are also covered as an additional insured by an insurance policy owned by that party.

For example, suppose you are doing business as Murray’s Contracting Company, a general contractor, and you enter into a contract with Homestead Development, a high-end building development company, to build 15 new homes. You hire J.J. Electrical Company, a subcontractor, to provide the necessary wiring and other electrical work for the project. To protect you from any claims that may arise from J.J. Electrical Co.’s negligence while working for you, you may want to require J.J. Electrical Co. to list you as the additional insured on its insurance policy.

Remember that your original contract is with Homestead Development. If negligent wiring by J.J. Electrical Co. results in a home fire, Home-stead Development would most likely turn to you for compensation. You may possibly be protected from this claim if you are the additional insured under the policy of J.J. Electrical Co., the named insured.

Potential Concerns

As the additional insured under J.J. Electrical Co.’s insurance policy, you may want to be aware of the following four potential concerns:

1. Policy Cancellation. J.J. Electrical Co., or its insurance company, can cancel, adversely change, or refuse to renew the insurance policy at any time without notice to you as the additional insured. To ensure you are properly notified of these types of events, consider requesting an insurance certificate that provides a notice period—generally 30 days.
   
2. Inadequate Liability Coverage. J.J. Electrical Co.’s liability limits may be insufficient to protect your exposure as the additional insured. Consider requesting limits that will help safeguard your interests. In addition, review your own insurance policy to ensure you have adequate liability coverage. Your status as an additional insured on another’s policy is an extra level of protection; it should not be considered a substitute for the protection you have arranged with your own insurance provider.
   
3. Excess Policy. Your coverage as the additional insured under J.J. Electrical Co.’s policy may be deemed to be in excess of the coverage under your own insurance policy. Thus, your insurance policy would be considered the primary policy for settling claims, and J.J. Electrical Co.’s policy would take effect only after your own policy limits have been exhausted. To limit your exposure, consider requesting an insurance certificate that specifically states J.J. Electrical Co.’s policy is primary with respect to your status as the additional insured.
   
4. Other Exclusions. Coverage for hazards, such as underground construction, landfill operations, or explosives, may be excluded from J.J. Electrical Co.’s policy and could therefore negate your coverage as the additional insured. To help ensure your interests are properly safeguarded, consider reviewing J.J. Electrical Co.’s policy for inclusion of this type of coverage.
   

Naming you or your business as the additional insured on another party’s insurance policy can help shield you from liability due to negligence or faulty products. However, it may not necessarily provide you with all the coverage you need. So, if you are listed as the additional insured on another party’s insurance policy, confer with one of our insurance professionals to evaluate your risks and to familiarize yourself with how the policy will respond under various scenarios.