ISRI Safety & Environmental Council May 9, 2012

» Zero Accident Consulting:  Eight years with RecycleGuard  2438 safety visits to recyclers  Knowledge of losses and industry safety practices  Provide consultative support  Support of ISRI, Willis, Chartis

» Session Objectives – at the conclusion of this session participants will…  Know the of business impact of Premises General Liability claims  Have exposure to some typical GL related incidents  Develop identify tactics that can prevent GL incidents  Know about the support available through RecycleGuard  Leave with ideas that can be implemented immediately

» General Liability, Premises » It is frequently offered in a package with property insurance » Commercial General Liability enables your business to continue operations while it faces real or fraudulent claims of certain types of negligence or wrongdoing. » Premises and Operations Liability. Provides coverage for bodily injury and property damage sustained by others at your premises or as a result of your business' operations.

» How Big of an Issue is this?

» Who Are We Talking About:  Installers, Mechanics, Repair Personnel  Construction contractors and their personnel  Truck Drivers/Helpers for third-party haulers  Sales Representatives  Customers / Buyers  Scrap Suppliers /Peddlers  Virtually anyone who comes to your facility is considered a business “invitee”.

» What Kinds of Things Can/Do Happen:  Slip / Trip / Falls  Individual struck by equipment and/or material  Fork lift accidents  Vehicle accidents  Scrap falling out of trucks, piles, racks  Walking into things  Vehicle struck by equipment and/or material  Other

» What is Your Responsibility:  Exercise reasonable care to ensure a safe environment  Follow standards, laws, regulations, etc.  Have written safety procedures  Enforce safety rules (employees and visitors)  Have a properly designed facility that promotes safe operations  Post rules and regulations  Learn from incidents and accidents  You negligence will contribute to the cost of a claim

» RecycleGuard Tools and Support:  Customer Service Line  Consultative Services  On-Demand Webcast Library  Bulletins  Discounted Service for Criminal Background Checks  On-Line Safety Training  On-Site Safety Training  Vehicle Monitoring

» 1 st Case: “Fault Involving Forklift” Incident Summary: With the owner’s permission, a customer was throwing out trash in a privileged area. An employee forklift driver did not see the customer at first due to an obstructed view, he stopped as soon as he spotted the customer, a trash bin slipped off the forklift and struck the customer Damages: Multiple fractures to legs, medical bills over $30K Litigation and associated costs Liability Issues: Allowing customers to privileged areas without having a proper procedure to ensure safety Careless operation of heavy equipment Potential Exposure: $500K+

» 2 nd Case: “Unfortunate Unloading” Incident Summary: A contracted leased crane operator unloaded a large pipe from a customer’s truck & placed it on top of a pile of scrap. The pipe rolled off and struck the customer Damages: Leg and shoulder injuries with reconstruction surgery Litigation and associated costs Liability Issues: Allowing customers in the unloading area while operating heavy equipment Leased employee either unaware or not following the company’s safety procedures Potential Exposure: $250K+

» 3 rd Case: “Compressed Cylinder Missile” Incident Summary: While moving a tracked excavator crane through the yard one track ran over a large fire extinguisher that was on the ground. The impact dislodged the discharge valve and the pressure inside the cylinder cause it to become airborne at high speed. The cylinder struck a third party truck driver. Damages: Multiple injuries and resulting medical treatment and rehabilitation Lifetime disability claim Litigation and associated costs Liability Issues: Improper storage and handling of compressed cylinders Careless operation of heavy equipment Possible inadequate separation of scrap operations from visitors Potential Exposure: $1.8M+

» 4 nd Case: “Peddler Struck by Fork Lift” Incident Summary: A customer/peddler is not paying attention while walking through a non-ferrous customer drop-off area. He is struck and partially run over by a fork lift that is backing up. Damages: Multiple injuries and resulting medical treatment and rehabilitation Litigation and associated costs Liability Issues: Operating fork lift trucks in close proximity to customers Lack of diligence by the fork lift operator Layout of the unloading area Potential Exposure: $500K+

» 5 th Case: “Peddler Struck by a Peddler Vehicle” Incident Summary: A person is walking in an outdoor ferrous drop-off area and appears to be distracted or not paying attention. Another peddler is moving a van into position to drop off scrap. The driver backs up and fails to see the walking peddler who is in the blind spot. Vehicle accelerates quickly and strikes the person walking. Damages: Multiple injuries and resulting medical treatment and rehabilitation Lifetime disability claim Litigation and associated costs Liability Issues: Layout of the unloading area requiring backing up Lack of visitor supervision yard employees Potential Exposure: $750K+

GROUP EXERCISE Identify Contributing Factors and Safety/Risk Management Controls:  Group yourself in small teams – say three to five  Select a scribe/spokesperson  Select one of the five case study examples  Discuss and prepare a brief overview of your example answering the following questions:  Should this have been anticipated and prevented  In order of priority, what (if any), changes would you recommend to prevent a future similar incident

» Summary and Next Steps:  Premises Liability is a liability that needs control.  One goal is to raise awareness.  Our real goal is to influence action.  Management support – is it present?  Safety Culture – do you have one?

» Session Objectives – at the conclusion of this session participants will…  Know the of business impact of premises general Liability claims  Have exposure to some typical GL related incidents  Develop identify tactics that can prevent GL incidents  Know about the support available through RecycleGuard  Leave with ideas that can be implemented immediately  How did we do?