Automated External Defibrillators in the Workplace

Automated external defibrillators (AEDs) significantly improve survival rates for sudden cardiac arrest victims. AEDs are easy to use and inexpensive, with the cost for a unit starting around $1,200. They are an important consideration to protect your employees and your customers. Commercial properties, health clubs, restaurants, and retail establishments are especially likely to see sudden cardiac arrest cases in customers. AEDs are also an important consideration for the office, job site, or manufacturing area to protect employees.

OSHA estimates that there are 890 deaths due to cardiac arrest outside of hospitals each day. CPR can buy time but often will not result in resuscitation. The chances of survival diminish by 7% to 10% for each minute that passes after the onset of cardiac arrest. Studies indicate that survival rates rise to the 50% to 60% range when a shock from an AED is administered within three to five minutes.

AEDs are extremely easy to use. The devices provide verbal instructions for the user throughout the process. Manufacturers typically provide a DVD for training along with printed instructional material. It is certainly recommended that at least some employees receive formal training, but the devices are designed to be operated without prior experience.

The cost of AEDs has fallen over the years, so that a quality machine can be purchased in the $1,200 to $1,500 range. The units self-test daily and provide a verbal/visual warning if the batteries are low or the pads obsolete. Batteries typically last for five years and can be replaced when used up.

Most states have passed legislation providing certain legal immunity to AED operators in order to encourage their use. For example, the Massachusetts “Good Samaritan Law” states that a person who “attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions” (MGL —Chapter 112, Section 12V). A number of states require that certain businesses, such as health clubs, have at least one AED on site.

AEDs are proven life savers, affordable and easy to use. Installing them in the workplace and encouraging CPR training demonstrate a strong commitment to employee and customer welfare. We recommend that you consider adding AEDs to your workplace.

The following websites provide additional information about AEDs:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section12V

http://www.osha.gov/Publications/osha3174.pdf

http://www.heart.org/HEARTORG/CPRAndECC/CorporateTraining/HeartsaverCourses/Heartsaver-CPR-AED-Online-Part-1_UCM_303283_Article.jsp

At Cleary, we will evaluate your business exposures and work with you to develop a comprehensive plan to safeguard your business. Give us a call today at 617-723-0700.

MA Workers Compensation Rates

The Commissioner of Insurance disapproved the Massachusetts Workers Compensation Rating and Inspection Bureau rate increase filing scheduled for September 1st. The obvious good news is that rates are not going up on September 1st. Conversely, the bad news is that this is not necessarily a good thing for everyone!

Workers Compensation rates over the past decade have dropped significantly as various reforms were implemented. However, rates have not kept pace with the increases in medical costs. Insurance carriers have watched margins drastically decline on this line of business and have been closely monitoring what Insurance Commissioner Joseph Murphy was going to do. Now they know.

Why is this potentially a bad thing for employers?

Insurance carriers are going to be conservative when underwriting new business and re-underwriting existing business. They will be looking for the best possible risks. If you are in a less than desirable class of business, have questionable loss experience, marginal safety and return to work programs you will, if offered terms, find them much different (i.e., not in your favor) than your prior plan year policy. If not offered terms, guess what? You will go into the Workers Compensation Assigned Risk Pool. Not a great alternative. (I predict a doubling of the pool population in 2013!)

What to do?

Be proactive. Find out how this is going to affect your next renewal. What is the stance of your existing carrier? Be prepared to tune up your current safety and return to work programs. Aggressively work to reduce reserves and close claims before marketing your program. This is especially critical if you are on a loss sensitive plan.

Workers Compensation Experience Modification Revision

For renewals as of and after January 1, 2013 the methodology for calculating an “interstate” experience modification will be drastically changing. The bottom line is that those with poor experience are going to see drastic increases in their experience modification, while those with excellent history will see decreases. This is very important to all employers who have NCCI issued modification factors, but extremely important to the construction industry where sometimes you can’t get a job if your experience modification is over 1.00.

The change is a way to more accurately reflect in an experience modification the true cost of claims which have grown multiple times over the past few decades while the methodology hasn’t. The modifications will penalize those accounts with poor loss history, abysmal safety programs, and non-existent claim management and back to work programs. Conversely, It will help the modification factors of those who have good experience and actively work their safety, claim management and back to work programs.

What should you do in anticipation of this change in methodology? Well the first thing I would want to know is what will my modification look like under the new methodology? There are tools available, such as “Mod Master” for doing this. If you benefit from the change; great. If you don’t, then what? I would look into finding any errors in your existing claims information that could be corrected, however that is not always easy. Then I would make sure that I have the proper plans and procedures in place to ensure that moving forward I am taking necessary steps to minimize my claims experience.

I wouldn’t underestimate the potential impact of this methodology change on your costs, ability to get work and profit. Those who get out in front of its rollout and see how it will impact them will be the ones in a better position to use it to their advantage or will be ready to explain its adverse consequences.

If you are concerned about this coming change and how it may impact your business please don’t hesitate to contact me.

Sincerely,

Michael J. Regan
617-305-0346
mregan@clearyinsurance.com

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