Low back pain is a symptom that something is wrong.  Following are some suggestions if you sit for long periods during your workday:

· Choose a chair that supports the width and length of your back with adjustable armrests and a seat height you can adjust.

· Sit properly, keeping your back straight and close to your work.  Don’t slump forward.  Sit all the way back in your seat, with knees extending just beyond the edge of the chair, and feet resting comfortably on the floor or footrest.

· Adjust your work height and angle.  Your work surface and keyboard should be at elbow level, and the top of your computer screen should be at eye level.

· When possible, get up regularly and stretch.  If not, shift your sitting position at least once every 30 minutes.

Vehicular vibration adds additional stress to those who do a lot of driving.  Here are some tips for drivers:

· Position the seat forward so that your knees are bent.  If the tilt of the seat can be adjusted, change the angle slightly every so often.

· Placing a small cushion at the small of your back and sitting in a slightly reclining angle may ease pressure on your lower back while driving.

· Change your sitting position frequently, or stop and walk around for a few minutes every hour.

From State Compensation Insurance Fund’s Safety News, Issue Two, 2010.

Unfortunately, much of the law in this area is ambiguous or undefined, so companies with reasonable and specific written policies are often viewed favorably by the courts.

More specifically, employers “should spell out how employees are permitted to use social media sites during work hours, how the firm will train employees and monitor compliance, and what the consequences of violating the policy will be.”

Both courts and regulators are working to resolve several questions which have resulted from the “use of social networking sites, including:

· “Who is responsible for defamatory posts from an anonymous user of a public site?

· “Is a company liable for misinformation posted on its social media site by an outside user?

· “How can companies fulfill disclosure requirements given the space constraints of sites like Facebook or Twitter?”

Companies should monitor their own social media sites, and respond to/counter negative comments rather than take legal action.

Due to the lack of complete control over the internet from outside hackers, or inside disgruntled current or former  employees, even with safeguards and precautions, employers should consider relatively inexpensive Medial Liability insurance coverage to cover legal defense and damages or penalties levied against the employer.

From Business Insurance, July 26, 2010 issue, pp. 4 and 21.

For example, look at the demographics of the employees.  Employers with a young workforce will have fewer employees with young adult children eligible for coverage.  Premium increases resulting from this provision most likely will be significantly less than companies with many employees in the 45-60 age range.  Some employers in the latter category are considering different ways to reduce their costs.  They are looking at adding additional premium tiers, or boosting premium shares for dependent coverage.  Nearly half are considering requiring adult children to certify that they have no other coverage available.  Under the current law until January 1, 2014, adult children are ineligible if they can enroll in another employer plan.

Another part of the reform plan calls for a 40% excise tax imposed on premiums which exceed $10,200 for single coverage and $27,500 for family coverage.  Although this provision will not start until 2018, it poses a serious problem for employers with generous plans.  If they cut coverage back, they may lose current employees and an important recruiting edge.  If they don’t, employers face additional costs.

From Business Insurance, posted May 20, 2010, based on a survey by Mercer of 791 employers.

Typically this insurance is part of a package, or added to the property insurance.  It will pay the business both for lost income and reimburse expenses that need to be paid even during the time the business is temporarily closed.

From www.allbusiness.com.

One major hotel corporation put hotel managers and regional executives in competition with each other.  They set up a system which tracks and compares accidents and costs at each property.  Injury frequency targets are established and manager bonuses are tied to their safety performance.  Hotel managers also received safety training and tools to reduce those losses.

A hospital invested in equipment designed to reduce some of the physical strain and injuries to their nursing staff.  They also had an injured nurse talk to her peers about protecting themselves from injury.  In addition, they have improved return-to-work measures and introduced safety incentive prizes.  These steps help avoid nurses having to leave their jobs at an early age.

An equipment manufacturer used similar strategies, and stressed the importance of employee buy-in to the safety culture in order for it to succeed.  They treat workers’ comp as an employee benefit and explain it clearly.  Injured workers are given a DVD which explains their rights and responsibilities, as well as the responsibilities of doctors, claims administrators and others involved in their case.  It also includes testimonies of injured employees who have returned to work, stressing that “workers’ comp is the security on the road to recovery.”

From Business Insurance, May 10, 2010 issue, p. 24.

· Coverage cannot be conditional based on student status, residency, marital status or parental financial support.

· Special employer surcharges on employees for the expanded coverage are not allowed.  However, employers may base employee premiums on the number of covered dependents.

· Coverage must be extended through the day before a child turns 26 and can be continued on a tax-favored basis through year-end when the child turns 26.

· Coverage mandate does not apply until Jan. 1, 2014 for children eligible to enroll in another employer-sponsored plan.

· Employees must be informed of the extension of coverage and given 30 days to enroll eligible older children.

· Children who lose coverage when they turn 26 can enroll in COBRA.

· Extension of coverage must begin on the first day of the plan year that starts after Sept. 23, 2010.  Children who had previously lost coverage because of their age will be able to enroll if they are younger than 26, regardless of whether they ever had coverage through the employer’s plan.

From Business Insurance, May 17, 2010 issue, pp. 3 and 25, and from the Department of Labor, Health and Human Services and the Internal Revenue Service.

Consider this real-life example:  a company is considering the acquisition of another, smaller company.  After months of due diligence, the deal is dismissed for a variety of reasons.  Six months later company officers are sued, claiming that the due diligence was only a ruse to gain competitive edge.  The total settlement and defense costs ultimately exceed $500,000.

Liability can be based on the failure to fulfill one of the following three duties as an officer or director:

· The duty of care – performing duties in good faith and with professionalism for the interest of the corporation.

· The duty of loyalty – prohibiting directors and officers from using their position to further their personal or private interests.  It also requires the elimination of any conflict of interest between the individual and the company.

· The duty of obedience – performing in accordance with the law.

Because directors and officers of private companies often have their personal wealth tied up in the corporation, liability for failure to perform one of these duties often puts their assets at risk.  D&O liability insurance is unique in that it is the only insurance coverage available to provide protection for personal assets.  Indemnification agreements alone simply cannot offer that protection in many circumstances.

From Insurance Journal – West Region, April 5, 2010 issue, pp. 28-30.

According to a recent study by MetLife, employees caring for an aging relative are more likely to suffer from health problems themselves.  Depression, diabetes, hypertension or heart disease are the most common issues, costing employers an additional average of 8% per year.  It also found that younger caregivers (age 18-39) cost their employers 11% more for health care than non-caregivers, while male care-givers cost an additional 18%.  In addition, eldercare may also be associated with other high-risk behaviors like smoking and alcohol consumption.

Employers often face lost productivity by their care-giving employees.  The same report found that 9% of working caregivers were forced to cut back or stop working.  3% took early retirement, 6% resigned and 10% reduced their hours to part-time.

How can employers retain valuable (and experienced) employees who find themselves in this situation?  Following are some suggestions:

· Provide a dependent care resource and referral program that covers national and international services.  Typically these programs are funded 100% by the employer.

· Offer a geriatric care management program.  This will match employees with care managers who are knowledgeable about local, community resources and can provide one-on-one care and assessment.  This is typically paid for by the employee.

· Provide flexible work schedules to allow employees to adjust their time schedule when needs arise.  This may include telecommuting, part-time work and flextime hours.  This supportive work environment will result in higher productivity, loyalty and fewer employee health issues.

· Offer education in the form of workshops or webinars about long-term care insurance, long distance care giving, wellness, or financial planning.  Ask around for free or low-cost options.

· Provide training to managers, making sure they are prepared for common issues and that they will be sensitive to employees’ needs.

Assisting employees is not just a feel-good solution.  The MetLife study reports that for every dollar spent helping workers with eldercare issues saved $3 to $5.  To help determine the cost for your company, you may wish to use their calculator at www.eldercarecalculator.org.

From Employee Benefit News, May 2010 issue, pp. 50-51.

Cyber Security Liability insurance coverage is available at reasonable rates to protect against credit card identity theft with limits up to $5,000,000.  For a company, not only will it cover the loss of digital assets, but it will provide expenses for public relations, damages and service interruption.  Customers are also protected.  Notification of individuals whose credit was compromised is included, plus any legal costs and a year of credit monitoring for each individual affected.

No one expects a cyber security breach.  But proper insurance can mitigate the significant financial and public relations losses if it happens to you.

From Wall Street Journal, March 18, 2010 issue.

· The effective date for this new provision is the beginning of the plan year that begins after September 23, 2010.  Many companies will see this new provision take effect next year.

· Although the main health care reform bill which Congress passed did not apply to adult children who were married, a later revision made their marital status irrelevant in determining the eligibility of adult children in their parent’s employer’s plan.  However children’s spouses are not covered at this point.

· There is still some confusion about how long coverage must be extended.  One part of the law states that employers must offer coverage until an adult child’s 26 birthday.  However, in another section, coverage can be continued on a tax-favored basis for adult children through the end of the year in which they turned 26.

· The  law is also unclear about whether coverage must be extended to adult children eligible for COBRA coverage from a previous employer or through a spouse. 

· Children are eligible to remain on their parents’ plan until age 26 unless they are eligible for coverage in another employer’s plan.  However, beginning in 2014, the requirement will apply even if they are eligible for coverage from his or her employer.  That is a major change from typical group plans, when coverage was terminated at age 19 unless they were full-time students.

Obviously in today’s economic environment, parents are anxious about retaining coverage for their adult children.  To ease confusion and provide information, employers may want to mail notices and post messages to their employees now, even if the effective date is several months away.

From Business Insurance, April 12, 2010 issue, pp. 3 and 29, and April 19, 2010 issue, pp. 4 and 21.