Author: Teamwsib

Despite Australia’s dry terrain that is often affected by drought, significant floods occur in parts of Australia each year. These floods can cause extensive damage to both homes and businesses. However, you can take action before, during and after a flood to reduce the impact on your home or business.

Before a Flood

• Work together with your Account Manager to evaluate your flood risk.
• Gather important and valuable items and documents that you can take with you should you need to evacuate the premises. Place them in waterproof bags. Put together an “Emergency Pack” – including tinned food, water, first-aid kit, warm clothing, and a torch – that can be kept on the premises.
• Keep yourself and your family or colleagues safe by ensuring that everyone is familiar with your evacuation plan and knows where first-aid and emergency kits are. Make sure that operational and other data is backed up, and that stock and other key items can be moved if needed.
• Ensure you provide your Account Manager of any major changes that happen within your business so they can make sure that the sum for which you are insured covers the replacement value of the items that you wish to insure.

During a Flood

• Use a battery-powered radio to monitor your local radio station for updates on the flood, weather, power supply, emergency warnings and evacuation alerts. Contact 000 or your local SES in any emergency.
• Switch off utilities: electricity, gas and water. Disconnect electrical appliances. Move electrical and key items to a higher place.
• If able to safely evacuate, gather important and valuable items and documents, and lock your premises as you leave.

After a Flood

• Return to your premises only when authorities indicate that it is safe. Avoid fallen power lines and damaged trees.
• Water can become contaminated after a flood. Do not drink water straight from a tap until authorities declare it safe. Until then, boil the water before drinking it. Do not enter floodwaters unless authorities say it is safe.
• Once the danger has passed, take photos of damaged or destroyed items before disposing of them to assist in any insurance claims. Speak to our dedicated Claims Department or your Account Manager to lodge your claim.

As always, please don’t hesitate to get in contact with us on (02) 9587 3500 or theteam@wsib.com.au should you have any questions or need any further advice.

Every year, Australia’s high-risk cyclone areas can expect an average of two to three cyclones to cross the coast during the November-April cyclone season. Combining strong winds, heavy rain and flying debris, cyclones can be devastating. However, you can take action before, during and after a cyclone to reduce the impact on your home or business.

Before a Cyclone

• Secure the roof, walls and eaves of your premises. Trim tree branches around your premises. Clear away or secure items outside that could be blown about by the wind or carried away in surging water.
• Familiarise yourself and your family or colleagues with your cyclone emergency plan. Put together an “Emergency Pack” including tinned food, water, first-aid kit, warm clothing, and a torch. Be prepared for power, water and communication outages.
• Before a cyclone hits, move all vehicles under cover if possible. Secure all shutters, windows, doors, and any items left outdoors. Turn off gas and power supplies.
• Ensure you provide your Account Manager of any major changes that happen within your business so they can make sure that the sum for which you are insured covers the replacement value of the items that you wish to insure.

During a Cyclone

• Be aware of where the cyclone is expected to be heading. Use a battery-powered radio to monitor your local radio station for updates on the cyclone, weather, power supply, emergency warnings and evacuation alerts. Contact 000 or your local SES in any emergency.
• Remain in your home or business if the building meets appropriate cyclone regulations and is not in a storm surge/flood-prone area. If your building does not meet cyclone regulations, know where you and your family or colleagues can shelter safely.

After a Cyclone

• Stay away from fallen power lines and anything that may be touching them. Also avoid damaged buildings and trees, as well as creeks and rivers that are flooded.
• Continue to monitor your local media outlets for updates on the weather, power supply, emergency warnings and evacuation alerts. Don’t go outside until authorities advise that it is safe.
• Once the danger has passed, take photos of damaged or destroyed items before disposing of them to assist in any insurance claims. Speak to our dedicated Claims Department or your Account Manager to lodge your claim.

As always, please don’t hesitate to get in contact with us on (02) 9587 3500 or theteam@wsib.com.au should you have any questions or need any further advice.

The intensity and course of a bushfire can change rapidly and threaten the safety of homes and businesses alike. However, you can take action before, during and after a bushfire to reduce the impact on your home or business.

Before a Bushfire

• Clear leaves and debris from gutters, roofs and downpipes at your premises. Fit quality metal leaf guards on gutters. Equip your premises with a sufficient
  number of fire extinguishers.
• Keep safe by making sure everyone is familiar with your evacuation plan and knows where first-aid and emergency kits are. Check that operational and other data
  is backed up, and that stock and other key items can be moved if needed.
• Ensure you provide your Account Manager of any major changes that happen within your business so they can make sure that the sum for which you are insured covers the replacement value of the items that you wish to insure.

During a Bushire

• Use a battery-powered radio to monitor your local radio station for updates on the bushfire, weather, power supply, emergency warnings and evacuation alerts. Contact 000 or your local SES in any emergency.
• Close all windows and doors. Wear protective clothing. Ensure that you and your family or colleagues drink plenty of water to stay hydrated.
• If you can, safely evacuate. Before you leave the premises turn off gas and power, close doors and windows, and plug gaps with wet towels.

After a Bushfire

• Stay away from fallen power lines and anything that they may be touching. Also avoid damaged gas lines.
• Check for small spot fires on your premises and extinguish them if possible. If there is any danger, contact 000 or your local SES.
• Once the danger has passed, take photos of damaged or destroyed items before disposing of them to assist in any insurance claims. Speak to our dedicated Claims Department or your Account Manager
  to lodge your claim.

As always, please don’t hesitate to get in contact with us on (02) 9587 3500 or theteam@wsib.com.au should you have any questions or need any further advice.

You may have seen in the press recently the decision handed down in the NSW Court of Appeal in a test case run by the Insurance Council of Australia (ICA) and Australian Financial Complaints Authority (AFCA), with the court ruling in favour of the insureds.

It found that the quarantine disease cover restriction in business interruption policies that referred to the now repealed Quarantine Act, does not exclude cover for listed human diseases under the Biosecurity Act 2015.

Will there be an appeal?
It’s possible this decision may be appealed to the High Court of Australia (HCA); and a decision in this regard must be made by 16 December 2020. Also, the ICA has taken steps to obtain clarity on whether the coverage triggers in business interruption policies are satisfied in the circumstances of COVID-19. So further legal action might eventuate.

Determinations on claims will only be made once the legal process is finalised.

What do you need to do?
There have been a number of legal services offering to review decisions, however, may we respectfully suggest that before you move in this direction, we are able to advise on the cover placed and if the policy is triggered as part of our service. If there were to be any issues that require legal advice, we will discuss those with you so that you may consider your options at that time.

If you have already submitted a claim under your Business Interruption policy, we will continue to monitor developments and work with your insurer on your claim.

Also, the decision only dealt with whether the insurer could rely on an exclusion which referred to the Quarantine Act. The court did not deal with whether any claim falls within the insuring clause.

We will provide another update as the insurer’s decision whether to Appeal to the HCA is decided.

As always, please don’t hesitate to get in contact with your Account manager on (02) 9587 3500 to discuss your specific situation.

Technology touches everything we do, and even more so in recent times. Our dependence on the internet, and the exponential growth of web-enabled devices and social media, has resulted in people being much more interconnected. And that has introduced new risks into our homes and everyday lives that must be managed.

So, what is Cybercrime?

Cybercrime involves the use of computers or other digital devices to perpetrate an offence. It includes:

• Identity theft
• Online scams
• Cyberbullying
• Financial fraud

We rely on insurance to protect us with everyday risks such as fires or floods, and now it is likely that some may be susceptible to falling victim to Cybercrime as well. This highlights the need for families and individuals to have cyber protection in place.

What is Personal Cyber Protection Insurance?

Personal Cyber Insurance is about more than the bits and bytes in your laptop, tablets and smart devices. It covers you, your family, your identity, your reputation, your money and your time (wage replacement) when a cyber event occurs. Key features of Personal Cyber Insurance includes cover for the impacts of cyber events and cybercrimes such as:

• Hacking
• Malware
• Viruses
• Cyber espionage
• Denial of service attacks
• Cyber theft
• Identity theft & more

Some policies can also respond to anti-social behaviour such as: cyberbullying, cyberstalking and cyber harassment.

If you would like anymore information or a quote on Personal Cyber Insurance, please do not hesitate to contact your Account Manager on 9587 3500.

The Work Health and Safety Amendment (Review) Act 2020 recently passed by the NSW Parliament has enacted the following key changes to NSW WHS laws:

• Enhancement of the Category 1 offence by including “gross negligence” as a fault element – To make it easier to prosecute and create a stronger incentive for duty holders to manage WHS risks.
• Prohibition of insurance and indemnity arrangements – To ensure people cannot avoid responsibility for paying WHS fines.
• Increased penalty amounts for all WHS offences in line with the Consumer Price Index – To ensure penalties retain their deterrent value.
• Extension of time in which a person can ask the WHS regulators to start a prosecution in response to a Category 1 or Category 2 offence from 12 to 18 months and addition of a requirement that the WHS regulator provide updates every three months to the requester until a decision to prosecute is made – To ensure that during investigations of workplace accidents, families are kept informed and have access to an effective review mechanism for decisions not to prosecute.
• Clarification that a Health and Safety Representative (HSR) can choose their course of training – To avoid unnecessary delays which can affect an HSR’s ability to fulfil their role and exercise their powers.

These changes, which came into effect 10 June 2020, will assist in improving compliance and enforcement measures for the NSW WHS Regulators, to make the lives of workers and business owners healthier, safer and more productive.

Read the Act.

Article Source – Safe Work NSW

Overall Summary

The main impacts of the new legislation are as follows:

• Increases the penalties applicable:

With the COVID-19 restrictions beginning to ease across the country, comes the introduction of a number of new rules and regulations particularly with regards to the re-opening of clubs and pubs.

The key goal of these new regulations is to keep your employees and your customers safe and to minimise their risk while on your premises.

The NSW government have prepared a document which should be completed in consultation with your workers. Once it has been completed, then share it with them. This will help slow the spread of COVID-19 and reassure your customers that they can safely visit your business. You may need to update the plan in the future, as restrictions or advice changes.

It is also important that all clubs, pubs and other hospitality businesses follow the current COVID-19 Public Health Orders, and also manage risks to staff and other people in accordance with Work Health and Safety laws.

If you have any questions on how to help minimise your risk as your business reopens and restrictions continue to ease, please reach out to your account manager or the office on (02) 9587 3500 or theteam@wsib.com.au.

Legislation Amendment

A new section (19B) has been inserted in the Workers Compensation Act (1987) that now creates an automatic entitlement to compensation should a worker in prescribed employment contract Novel Coronavirus (COVID-19).

The claim liability process is to be treated similar to other claims arising of a gradual nature (disease claims) where employment is considered the main and substantial contributing factor to contraction  of the disease.

Prescribed employment is considered to be:

(a)   the retail industry (other than businesses providing only on-line retail),

(b)  the health care sector, including ambulance officers and public health employees,

(c)   disability and aged care facilities,

(d)  educational institutions, including pre-schools, schools and tertiary institutions

(other than establishments providing only on-line teaching services),

(e)   police and emergency services (including fire brigades and rural fire services),

(f)   refuges, halfway houses and homeless shelters,

(g)  passenger transport services,

(h)  libraries,

(i)   courts and tribunals,

(j)   correctional centres and detention centres,

(k)    restaurants, clubs and hotels,

(l)   the construction industry,

(m) places of public entertainment or instruction (including cinemas, museums, galleries, cultural institutions and casinos),

(n)  the cleaning industry,

(o)  any other type of employment prescribed by the regulations for the purposes of this definition.

The presumption of injury can be rebutted, and as is the case with all frank incident or disease claims, the responsibility is on the employer to establish that the disease was not contracted in the course of employment, or that employment was not the substantial or main contributing factor.

Any claim brought forward by a staff member will need to be reported to your WSIB Account Manager per usual process; at which point we will instruct the insurer to assess liability in accordance with the icare Decision Making Principles.

Work Health and Safety

Best Practice Policies and Principles exist which would assist a ‘Prescribed Employer’ in defending any claim brought forward by a member of staff.

Following the NSW Health ‘Industry Guidelines for COVID Safe Workplaces’  will assist employers in maintaining safe premises for staff, contractors and visitors. These guidelines include but not limited to :

– Excluding staff and visitors who are unwell;

– Displaying conditions of entry;

– Limiting entry and exit points to one part of the premises to ensure adherence to maximum capacity restrictions;

– Abiding by  social distancing requirements inside the premises (which would include carparks and extensions of the main building);

– Providing adequate resources to maximise hand hygiene;

– Record keeping of all visitors within the premises for a period of no less than 28 days.

Access to the full guidelines can be found here: https://www.nsw.gov.au/covid-19/industry-guidelines

It would also be appropriate to ensure all policies including but not limited to Business Continuity Policy, Infection Prevention & Control Policy, and Pandemic Response Policy is up to date with the appropriate legislation.

Other services exist within the current market which would also assist with providing peace of mind to staff, contractors and visitors. For example, Workplace Cleanliness Inspections and Certification involves an Occupational Hygienist undertaking workplace cleanliness inspections, and can provide an Australian Government recognised clearance certificate.

Finally, a review of the cleaning equipment and routine of cleaning staff or contractors would be appropriate to ensure the virus is not living within the employment premises.  Much of the best practice cleaning policy can also be found on the NSW Health Website (link above) and adopted within the place of employment to mitigate risk of COVID infection.

Claims and Premium

Should a Workers Compensation Claim be brought forward by a member of staff, it will be important the employer can demonstrate strict adherence to those Work Health & Safety principles above.

As is the case with all ‘disease claims’; the onus will be on the employer / policy holder to prove the disease or virus has not been contracted through the course of employment, or that employment is not considered the main or substantial contributory factor to onset of the disease / virus.

Should record keeping be maintained, all thorough cleaning schedules and inspection audits be appropriately conducted, and best practice WHS guidelines be strictly observed within the place of business; you will be able to put forward a solid defence for any Workers Compensation Claim be made.

It is important to note COVID related cases not only have the potential for Workers Compensation Claims; but reputational damage that is extremely hard and time consuming to repair. If not for the sake of defending a Workers Compensation Claim; adopting or investing in some of those best practice policies or services will assist  in mitigating or avoiding any potential reputational damage inflicted, should a worker or visitor suggest the disease was contracted within your place of employment.

The recent relaxation of restrictions imposed upon the Hospitality Industry (as an example) has been done so with the view of returning life back to normal in a safe and healthy manner. The NSW and Federal Government realise the COVID pandemic has had significant impacts on workers and business owners; and through these principles and relaxing of restrictions they are aiming to take one step closer to ‘normality’.

At the time of writing; the Insurance Regulator (SIRA) were still in talks with all insurers as to how best reduce any COVID related workers compensation claim impacting upon a business. The present consideration is that any COVID-19 claim accepted by a Workers Compensation Insurer is not to be included in the calculation of renewal and adjustment Workers Compensation Premium. This provides some comfort and peace of mind that re-opening business doors may not have adverse affects insofar as a COVID-19 Workers Compensation Claim. It is important to note this stance is subject to change and it is recommended you continue to work closely with your WSIB Account Manager on their interpretation of premium impact.

If you have any questions on this information or any matter, please do not hesitate to reach out to your account manager or the office on (02) 9587 3500 or email us at theteam@wsib.com.au.

Around the country, many bars and licensed premises have started reopening to a restricted number of people.

As your patrons begin to return to your venue, it is important to make sure you are sticking to the rules required for all licensed premises regardless of a pandemic, otherwise a huge fine, or even worse, could be on its way.  

Here we look at a few recent incidents to explore the most common issues that land licensed businesses in trouble.

Irresponsible service of alcohol

Serving alcohol to a minor or an intoxicated person is a common offence with very costly, sometimes deadly, consequences. In 2015, a South Australian hotel and its manager were fined $40,000 and $10,000 respectively after serving a drunk patron who died in a car crash on the way home. Venues can also face civil action launched by victims and their families so it is important to regularly check you responsibilities as a licensee.

In NSW, you can apply and review your role as a licensee here and upkeep you and your staffs certifications. If however, you staff does make a wrong decision, there are ways to mitigate the risk. Poor decision making from employees is something you may be able to can guard against with management liability insurance.

Simply removing a patron from your venue can be problematic too. The industry has seen a Sydney restaurant fined $2,200 by police for leaving two unconscious women on the street after serving them 16 shots of Soju within 40 minutes. The restaurant faced further sanctions from the NSW’s Liquor and Gaming Authority whose director of compliance operations told the ABC: “it’s hard to imagine a worse case of a venue failing in its obligations to prevent misuse and abuse of alcohol.”

Disturbances and violence

Take a look at key decisions made by Liquor & Gaming NSW and you’ll see disturbances are a very common problem for licensed venues. Venues are frequently investigated for ‘“unduly disturbing’” the ‘“quiet and good order’” of their neighbourhood and can be required to reduce opening hours in certain parts of their premises, undertake remedial works and deploy security staff, all of which can be expensive and inflict significant opportunity costs.

Alcohol-related violence on premises, meanwhile, is commonly met with fines, precinct-wide lock-out laws, trading hours being cut back, or licences being revoked – not to mention serious and costly reputational damage for your business.And violence can occur in even the most unassuming of places – recently a Brisbane karaoke restaurant licensee was fined $40,000 after an “extremely violent” brawl broke out.

Advertising

Inappropriate advertising can get your licensed venue in a spot of trouble too, as one Newcastle pub discovered earlier this year after advertising a competition encouraging patrons to “win their height” in vodka drinks. 

“This promotion posed an unacceptable risk of excessive alcohol consumption,” the state’s director of compliance operations Sean Goodchild told the Newcastle Herald. 

Most states and territories also have licensee restrictions on ‘happy hour’ promotions, raffles, theme nights and prizes. So it pays to check before you get too generous. 

Mitigating risk

Even if you’re doing everything in your power to reduce these risks, the fact is: an untrained or rogue employee/ or patron, an irresponsible nearby venue, or a simple mistake can prove very costly for a licensed venue. 

This is why it’s important to have a good business insurance solution in place – like public liability, management liability, business interruption and events insurance. 

Whilst, insurance is only part of the solution you should also consider having with robust risk management, compliance and training.

*This is a Steadfast article. A link to the original article can be found here. Note – all examples are based on specific circumstances to the particular situation which may vary from situation to situation.

If you have any questions on this information or any matter, please do not hesitate to reach out to your account manager or the office on (02) 9587 3500 or email us at theteam@wsib.com.au.

With COVID-19 unfortunately temporarily closing the doors of many businesses, there are some important things to consider when reopening and restarting your equipment. One of the key potential issues that we need to recognise is that there may be an increased risk of equipment failure when starting up equipment that has been non-operational for a period of time. The reason for this varies but when it comes to air conditioning, refrigeration and electrical items start-up failures may arise due to:

• Leaks can occur during periods of non-operation. Firstly any leak will not be noticed early and by the time you start up again there could be a total loss of  refrigerant/oil. Secondly leaks are more likely as air conditioning and refrigeration systems will see different internal pressures when they are sitting at ambient temperatures as opposed to the temperatures and pressures they are at when in operation.
• Lack of lubrication on the key internal components, as over a time of non-operation oil will settle at the bottom of the compressor and there will not be the usual lubricating film of oil on pistons and other components at time of start-up.
• Cooling and thickening of oil can cause filters to become blocked, and also leads to increased load on the system when it comes to starting up the cycle again.
• Vermin, dust and moisture will often find a home within many parts of your equipment where they do not belong, including electrical switchboards.
• The load on the equipment at start-up is higher as it has to bring the temperature all the way down from ambient to cool, so combining the increased workload with a large number of potential internal weaknesses, the start-up period is one of this most likely times you will suffer a failure of your equipment.

Keeping all of this in mind, it is more important than ever to ensure you are appropriately covered if you come across any of these issues when restarting your equipment. We have a number of options available to help prevent unnecessary out of pocket expenses upon start-up of the operations again

If you have any questions on this information or any matter, please do not hesitate to reach out to your account manager or the office on (02) 9587 3500 or email us at theteam@wsib.com.au.