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:

1. If the fungal growth is on a hard surface, scrape it off as soon as possible.
2. 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).
3. Dispose of fungal-contaminated materials under controlled conditions to prevent contamination of clean areas and protect building occupants and the area from elevated exposures.
4. 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.

In one of my favorite new age books, The Alchemist, author Paulo Coelho discusses four obstacles to realizing the journey towards our Personal Legend:

1. 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!
2. 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.
3. 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.
4. 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."

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:

1. 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.
2. 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.
3. Provide complete documentation of the revisions to your plans.
4. 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. 

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.

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.

Recent headlines about electronic spies hacking into computer networks from the Pentagon to China reinforce the dangerous reality that a "malware" (software that accesses systems to steal sensitive financial and client information) is becoming increasingly sophisticated and widespread.

According to a recent report from the NPD Group, the average U.S. household with a Web connection has 5.7 devices - desktops, laptops, tablets, and/or smart phones -- which are highly vulnerable to malware attacks. The more workers who use these devices to access the Web sites of their employers, the greater the threat of cybercrime. To help protect the security of your company's data against intrusion from malware, experts recommend taking these precautions:

1. Identify the business processes and data you need to protect and the risks associated with them.
2. Limit access to sensitive data to authorized users. Provide them with strong passwords and don't allow any sharing.
3. Make sure that employees use only secure wireless networks when connecting to your site.
4. Provide users with strong authentication measures and anti-malware software.
5. Know your users and their behavior. Compare details of incoming login connections with the information you have about the user. If you find anomalies, add such precautions such answering a security question.
6. Look for corrupted devices. Authenticated users might acquire malware on their devices that puts your data at risk once they log in. For example, man-in-the-browser (MitB) attacks can hijack authenticated sessions.
7. Secure high-value transactions. Identify these transactions and refuse to accept them from devices with suspicious configurations.

Our agency's specialists can work with you in developing and implementing a comprehensive anti-malware program for your company. Please feel free to get in touch with us at any time.  

A survey by the Centers for Disease Control and Prevention (CDC) found that 69% of U.S. drivers talked on their cell phones - and 31% read or sent text messages or e-mails while driving. "The cell phone can be a fatal distraction for those who use it while they drive," warns CDC Director Thomas Frieden.

Using cell phones to text behind the wheel can increase the danger of fatal crashes by six to 23 times, and drivers using hand-held devices are four times more likely to become involved in crashes serious enough to injure themselves. You probably have rules about employees talking on their phones and texting while driving - but are they following them? According to Jim Evans, president of human resources consulting firm JK Evans & Associates, some bosses turn a blind eye to cell phone use behind the wheel, while others don't want to cut into their employees' productivity. His advice to employers: "Dust off the old cell phone policy or unwritten practices and revisit whether employee safety and employer liability is at risk." To minimize this danger, your company should require employees who drive on the job to:

• Turn off personal phones or switch them to silent mode before entering a company vehicle.
• Pull over to a safe area if they need to make a cell phone call or send or answer a text message.
• Ask a helper or another passenger to make a return call.
• Contact supervisors or dispatchers when the vehicle is parked.
• Avoid smoking, eating, drinking, reading, and any other activities that distract them behind the wheel.
• Tell people who call them while driving that they'll call back after reaching their destination.
• Not send or answer text messages, surf the Web, or read e-mails.

 

How can you oversee your employees' use of company e-mails without violating their privacy?

According to a recent nationwide survey, more than 40% of businesses monitor their workers' e-mails. If you're one of these companies, a disgruntled employee might well sue you for invasion of privacy (the number of privacy lawsuits has skyrocketed by 3,000% during the past decade). The best way to protect yourself against this risk is to create a written policy warning employees that you might be monitoring their use of e-mail. Bear in mind that because your business owns the e-mail system - software, network access, and computers - you have the legal right to oversee workers for misusing it to violate company policy or break the law. The first step in implementing this policy is to have all employees sign a disclaimer that acknowledges the company's right to monitor their e-mail. You can do this when an employee is hired, at contract renewal, or at a company meeting - and don't forget to circulate any updates to the policy throughout the company. Apply e-mail monitoring as uniformly as possible, because singling out an individual without a clear reason to do so could leave you vulnerable to a discrimination lawsuit. Finally, be sure to have your attorney review the policy. A comprehensive e-mail policy can: 1) provide an effective defense against invasion of privacy litigation 2) educate your employees on the proper use of e-mail - which should go far to reduce potential problems from misusing the system. If you'd like to learn more about how to balance protecting the integrity of your company's e-mail system with your employees' right to privacy, please get in touch with us. As always, we're here to help.

Your last newsletter discussed the benefits of Building Ordinance insurance. If you're planning to build on your property or adding to an existing structure, a related policy - Builders Risk - can protect you from losses during construction, helping make sure that you finish the project.

The amount of coverage should reflect the total value of the completed structure (including the costs of material and labor, but not the value of the land). In most cases, the construction budget will be the best source for calculating this amount. The policy is usually written for a period three months, six months, or 12 months. If needed, the term can be extended once. Builders Risk covers damage to the insured structure(s) from a wide variety of causes, ranging from natural disasters (wind, lightning, hail, and lightning) through accidental events (fire, explosion, or vehicle accidents) to human activities (such as theft and vandalism). Coverage usually also includes:

• Fire department service charges for saving or protecting property from a covered cause of loss.
• Removal of debris from property damaged by a covered loss.
• Losses from the backup of sewer and drains.

Most policies exclude losses from earthquake, flooding employee theft, mechanical breakdown, contract penalties, war, government action, or faulty design and workmanship. You might be able to add coverage for some of these exclusions - such as earthquakes and flooding - if the building is in an area that's prone to one or both of these natural disasters. Bear in mind that this policy does not provide Liability coverage for accidents or injuries on your property. We'd be happy to tailor a comprehensive Builders Risk product that fits your needs - and budget. Just give us a call.

Pop quiz time. What's more secure; financial records locked in a filing cabinet or financial records stored in the cloud? If you don't understand how cloud security works, you probably said the filing cabinet. It's time for a little mythbusting about how secure your paperless office could be. Last week, Cindy Bates posted on the Microsoft SMB Blog about the benefits of a completely paperless office. Like Delta Airlines, who recently switched to the paperless cockpit, it's possible for any office or organization to ditch the dead trees and move entirely into the digital space. One of the first questions decision makers ask when considering the paperless office is "how secure is this?" It's a fair question, so let's consider Delta's paperless cockpit example and overall data security. The problem with paper is that, well, it's paper. Paper gets lost, it burns, it can be misfiled and disappear. It's only as secure as its physical location. If that location is a locked filing cabinet (or a vault under Fort Knox), if someone really wanted to get to it, they could. A file in the cloud cannot burn, be stolen, accidentally left behind in a restroom, or any other number of things that could affect a hard copy of important information. For a recent example, take a look at the Internet Archive, whose scanning facility in San Francisco caught fire. Although no data was stored in their San Francisco office, if it had been, cloud redundancies would have prevented any loss. But what about a data center, such as what powers Windows Azure or Office 365? Let's start with physical security: data centers are monitored 24 hours a day, 365 days a year. A team of ninjas could, in theory, break in, but they'd still have to know which of the thousand machines contained your exact data—so unless you've upset the cast of Ocean's 11, it's significantly less likely than an office fire that could destroy physical data. In addition, with Office 365, data transmitted across networks is encrypted—so if some agency (or other villain) happens to tap the wires, they still won't be able to read your files. While a move to a paperless office does not entirely guarantee data security—there are still those ninjas to think about—it is significantly more secure than leaving your information in paper form, where it could be destroyed or stolen with greater ease. It's just one more reason to go paperless.