fbpx

Avoid Work Comp Audit Aggravation

Avoid Work Comp Audit Aggravation

If I could do away with one thing with Work Comp insurance, it would be to eliminate the audit process! The mere word “audit” makes my skin crawl. Unfortunately, I cannot wave a magic wand to rid ourselves of the Work Comp audit, so here is some helpful information to make your audit go as smoothly as possible.

First of all, the purpose of the audit is for the Work Comp insurance company to receive the appropriate premium for the exposure that your business has. If you have more employees, you have more exposure to a workplace injury. Because your employee situation can change drastically throughout the year, looking back at the prior year is the only way for the insurance company to gain the proper premium. They do this by utilizing an audit. So if your audit shows that you had more payroll than estimated, you’ll owe more premium, if you had less payroll, you’ll get the respective premium back.

Understanding the timeline of Work Comp policy is critical. Here are the basic milestones for your policy:

Projected annual payroll is given to the insurance company to generate estimated premium.
You pay premium throughout policy year based on payroll estimate.
Your policy renews using prior year’s estimated payroll amount.
A Work Comp audit is required to adjust prior term premium.

There are four key points that I want you to be aware of regarding audits:

Non-Compliance – Audits are required by the insurance company and failure to complete them will result in cancellation of your current policy and any future policies until the audit is completed.

Class Codes – No matter how your policy was set up at the beginning of the policy, the audit will ultimately determine the classifications of all employees. To get the proper class codes, make sure:
– To have specific job descriptions for everyone outline their exact job duties.
– To keep separate payroll records for the different jobs performed by your employees.

Sub-Contractors – Sub-Contractors will be considered employees, unless you have a certificate of Work Comp insurance from them showing active coverage during the dates they worked for you.

Payroll Adjustments – You don’t have to wait for an audit to adjust your payroll estimate. This can be done at any time during the policy year at your request or it may happen automatically when the insurance company adjusts the payroll on your current policy to match the prior year’s audited payroll.

Because Work Comp audits are a source of frustration for every tree care company, here are my tips for being prepared for your audit.

Designate a friendly, knowledgeable individual to meet with the auditor. This person should know what each employee does for the organization. If an employee’s job duties are unclear to the auditor, they will assign the highest code to that individual.

Prepare payroll records by classification for the policy period. Make sure to have overtime pay in a separate category so the auditor can discount it back to straight time.

Show your officer payroll separately, as the officers payroll is capped and some companies have elected to exclude officers from coverage altogether.

Prepare a summary statement of the payrolls by classification.

If you use subcontractors or independent contractors, have Certificates of Insurance copied for the auditor verifying the subcontractor/independent contractor carries their own Work Comp insurance.

Have documentation of how you arrived at your payroll numbers available, but not copied, for the auditor. Often the auditor will only take your summary and a few pages of your documentation that the auditor will ask you to copy for them.

Talk to appropriate employees about attire and duties for the day of the audit.

Stay with the auditor at all times. The auditor should not be allowed to wander around the premises and question employees about their duties.

Ask the auditor to send you a copy of their worksheets. Get auditor’s business card so you can follow up for the worksheets.
Confirm the payroll and classifications from the audit worksheets as soon as possible to avoid any mistakes.

We have created a simple audit checklist to help minimize the audit aggravation. If you’d like a copy, contact me at [email protected].

Written by: Eric Petersen

Drug Free Workplace – Is it Possible?

Drug Free Workplace: Is it Possible?

One in four workplace injuries arise out of drug or alcohol abuse. Operating with a drug free workplace has become a hot topic, particularly with the legalization of recreational marijuana in eleven states across the country. No matter the stance you take on the topic, the question we all want to know the answer to is “How will this impact my business?”

Depending on your company’s operations, you may be subject to different standards in regards to substance abuse. For example, if you travel across state lines, you are subject to Federal laws and regulations in which case there is a Zero Tolerance policy for drugs and alcohol. The same goes for any tree services falling under DOT regulations, as the DOT took its stance stating “Marijuana is still illegal under federal law, meaning all “safety sensitive” employees who are subject to federally-mandated drug testing are still prohibited from using the drug. This group of employees includes anyone who operates commercial vehicles, including train engineers, pilots and school bus drivers.”

When looking at the state regulations, tree care companies are in an entirely different situation. In Colorado for example, there is Amendment 64, which provides business owners with the choice to test employees and determine the consequences should those tests come back positive. Make sure to check with your state and verify its stance on the topic.

Although some states say implementing a drug free workplace is up to the employer, here are my three reasons you should have one.

Your Safety Culture – Creating a drug-free policy at work is fairly straightforward. The easiest way to approach it is making it synonymous to your alcohol policy. Just as it seems ridiculous to think of an employee operating a 23 ton grapple truck after consuming alcohol, we don’t want anyone operating while being under the influence of marijuana. In doing so, you exemplify the importance of your employees along with others who would potentially be at risk.

Insurance Availability & Discounts – We recently attended the Ohio Tree Care Conference and had the opportunity to sit in on a presentation regarding Ohio worker’s compensation. Ohio employers are eligible for up to 10% rebates on their worker’s compensation costs if they implement a drug-free safety program, the same goes for employers in Washington. Here in Wisconsin, we have seen insurance companies require a drug-free workplace program from insureds in order to renew their policies. Check with your insurance carrier to learn about possible discounts from implementing a drug-free workplace policy.

Productivity – A WCF insurance company study shows employees who have substance abuse issues are twice as likely to change employers three or more times in a year. The average cost to account for the lost productivity, new training, and risk of higher claims adds up to about $35,000 per year in expenses to the employer. Minimizing these expenses will have a direct impact on increasing your bottom line.

Employers have many resources that will assist in building a drug free workplace for example: Society for Human Resource Management (SHRM) offers a free document on their website that will serve as a good starting point. To view the site (click here: https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/cms_019908.aspx).

Personalize your program to your business’s location and operations, and have each employee sign off stating they have read and understand the policy.

If you are unsure of what guidelines your business may be subject to, contact our office as helping implement drug and alcohol policies is part of our Thrive program. Building and believing in this policy will help increase your bottom line and most importantly ensure that you are doing everything you can to make sure each employee gets home safe at night.

Written by: Malcolm Jeffris, CTSP

Who is Your Brand’s Villain?

Who Is Your Brand’s Villain?

Who would Batman be without the Joker? Or Superman without Lex Luthor? Or Luke Skywalker without Darth Vadar? All heroes need a villain – the villain is, inherently, what makes the hero, a hero. Without the Joker’s embrace of chaos, Batman’s need for law and order would fall flat. The same can be said of your own brand: without the contrast of your own “villain,” your pitch to consumers may not resonate as soundly. By identifying your own villain, you are differentiating yourself from the competition, and makes your purpose in the market that much more tangible to the consumer. (1)

Identifying Your Villain

Before you are able to identify a villain, you first need to define your purpose in the market. WHAT are you fighting for? WHO are you fighting for? Defining your purpose, or WHY, within the market will help you identify your top competitors. (Shameless Plug: Don’t know how to define your “why?” Check out our blog post entitled “What is Your Why”) Villains are not necessarily other companies either – they can be beliefs or trends that affect your market and may negatively impact your product.

Samsung is the villain of Apple. The two companies are continually in a race to provide the best technology experience to their consumers. Their rivalry is actually to the benefit of us, the consumer: as we continue to demand more and more, their companies strive not only to compete with each other but also to be constantly on top of the latest trend.

When Netflix first hit the market (& our hearts), their villains were two-fold: brick-and-mortar video rental stores (RIP Blockbuster!) and the belief that instant access to movies and tv shows from the comfort of one’s home was “a small, niche market” (2). Netflix fought for a new definition of normal and now nearly 60% of homes in America stream their platform (3). Ironically, Blockbuster executives passed up the chance to buy Netflix in early 2000 and, well, er, you know the rest.

Within the tree care industry, your villain does not necessarily have to be a rival company. Similar to one of Netflix’s villains, the general public’s lack of knowledge surrounding the tree care industry can be a top villain for your organization. To overcome this villain, your company should begin a campaign targeted at educating customers or residents in your city about the importance of professional arborists and proper tree care. I don’t recommend reinventing the wheel either – Treesaregood.org is a great resource for assistance in educating individuals about the tree care industry.

To Be the Best You Have to Beat the Best

Don’t settle for average – identify your top villain, your supervillain. Think about why your supervillain can hurt your company. Learn from them, and grow from there to become the superhero you need to be to survive. Remember, your best villain will oftentimes have an incredibly relatable and attractive “dark side” that your customer doesn’t even realize is a negative (4).

Amazon began as a garage operation that sold, wait for it, books. Its founder, Jeff Bezos, had bigger ideas, however. He began identifying the best products that were sold in stores that could be sold online and eventually started doing so. By selling these products online, he inadvertently took on retail conglomerates like Sears and Boston Store and, ultimately, contributed to their closures. Amazon is now among the top retail stores in the world and was arguably the catalyst for the retail apocalypse (5)

Your villain should scare you. If it doesn’t, aim higher.

Written by: Katie Petersen

Drones in Tree Care

Drones in Tree Care

SJust thinking about using drones in tree care gets me excited. Being able to get a bird’s eye perspective while standing safely on the ground definitely has its advantages for your company. The Federal Aviation Administration (FAA) estimates that by 2021 there will be 3.5 million unmanned aerial vehicles in the United States with 1.6 million of them being used for commercial purposes. A large percentage of those commercial drones will be used in the tree care industry. So if you’ve been thinking about using them, here are some things to consider.

Uses for Drones:

Drones can be utilized in many different ways within the tree care industry. The most common application for them will be in doing visual inspections. The operator can perform both Level 1 (fly-over) and Level 3 (aerial inspection) tree risk assessments. Flying a drone up and over the crown of a tree can help limit unnecessary or potentially dangerous climbs by identifying hazards before a rope is set.

How about using them for planning out landscape design or tree replacement plans? The US Forest Service is already using drones for overall forest health assessments. They also are being utilized for help in disaster area cleanup, where the workers on the ground cannot see beyond their immediate vantage point. The drone can give them an idea of what dangers lie ahead as they work their way through the damaged area.

Even though Jamie Hyneman was unsuccessful at retrofitting a pruning shear onto a drone in a recent episode of MythBusters, advancement of this piece of equipment will probably one day include a pruning or removal drone.

Issues to Consider:

As with any new equipment or technology, drones have limitations and issues to contend with. By no means do I want you to think these are deal breakers, but rather items that you must consider before going out to purchase a drone for use in your tree care company.

Flight Times: Currently, flight times are limited to only 15-20 minutes even less when winds higher than 15 mph. The batteries aboard drones today take a while to charge back up, so an experienced pilot must have a plan in place before the drone is turned on so they can capture as much data as possible in that small amount of time.

Regulatory: Laws for drone usage are continuing to be created however currently, there are three major regulatory issues to understand.

500 feet height limit. The FAA has limited drone flight height to minimize accidents with aircraft and lost drones. Many drones have geolocators built into them now that limit the height.
Operator must possess the following documents:
Section 333 Exemption or Aircraft Certification
Certification of Authorization (COA)
Aircraft Registration and Markings
Pilot Certificate


Cannot fly over people unless the commercial operation entails recording the people. Your COA will state the commercial application that you are authorized to use the drone for.

Liability: Drone operators are subject to a number of liability issues that you need to be aware of. These are the two main issues to focus on.

Injury or property damage to others – Whether it was from the pilot’s error or a mechanical failure, drones can cause significant damage.
Privacy – Most states recognize some sort of tort for invasion of privacy. The laws have different components concerning privacy, but generally contain one of these principles.
Public disclosure of private facts.
Intrusion – The plaintiff must demonstrate that there was an intrusion upon his or her physical solitude or seclusion and be offensive or objectionable to a reasonable person
Appropriation of name or likeness – When someone’s name or likeness is used for commercial or newsworthy purposes.
False light in the public eye or defamation of character.

Insurance: Just like technology changes the laws we abide by, it also has a great impact on the insurance coverages available. Almost every General Liability insurance policy issued today have considered drones with most of them specifically excluding coverage.

Exclusions – CG2109, CG2110 and CG2111 are all used to remove coverage for Unmanned Aerial Vehicles. The difference between these three exclusions is how much coverage is removed. From excluding everything to do with a drone to only removing coverage for just privacy concerns, your General Liability policy probably has one of these three attached.
Physical Damage Coverage – With prices ranging anywhere from $75 to $3,000 and beyond when specialized cameras are added, it is important to think about insuring the drone for the damage while flying.

Despite the concerns that I listed in this article, using drones in your tree service can be a huge differentiator for your organization and can literally take your business to new heights!

Written by: Eric Petersen

Keys to Great Company Culture

Keys to Great Company Culture

Google.

Zappos.

T-Mobile.

We’ve all heard about giant companies having great company culture, right? But what about your tree service? How can you create the best culture for your team that keeps your top performers engaged while still attracting new talent?

Creating the proper culture doesn’t happen overnight, however, focusing on these four key areas will help you accomplish this important aspect of your business.

Your Why – Employees want to be a part of something bigger than just work. They want their employer to stand for more than just the services they provide. So, ask yourself: why do you do what you do? Write it down and share it with everyone in your company. Ask your employees for their input and have them help define who you are. If you are struggling trying to define your why, check out an article that I wrote last year here (What is your Why?).

Delivering Happiness, a book written by Zappos’ founder Tony Hsieh, states that his company’s culture was simply based around living a life of passion and purpose. This translated into treating his employees like they were family and empowering them to be able to do whatever they could to help their customers have a great experience with their company, aka deliver happiness to their customers. I strongly recommend reading this book for ideas on how to improve your company culture.

Structure = Direction & Communication – With your “why” firmly in place, you must provide the proper direction and communication to your team so everyone knows where you are headed and how you are going to get there. This structure to your organization is vital to keep everyone on task and engaged during the grind of production season. Providing clear expectations of what you expect each employee to do is critical. Everyone wants to know what they are responsible for and how that fits into the overall success of the company.

Collaboration. Not Competition – Teamwork, teamwork, teamwork. To build a great culture, you need to have everyone working together for the common goal. Take an honest look at your company to see if you have unintentionally pitted one crew against another or have fostered a competitive environment between employees. Friendly sales competitions may work for some companies, however, the vast majority of your employees want to be successful together. Make sure to include a member of each department on your safety committee, as well as conducting strategic planning sessions so that every employee feels that they are part of the team and building something great.

Have Fun – Some owners mistake “company culture” as only about having fun at work. While enjoying what you do and the people you do it with is very important, it really is only a piece of a comprehensive company culture. Take time to plan team events to get everyone together to relax and socialize, whether it be at a cookout at 2pm on a Friday or an evening trip to a local Escape Room. Ask for input from your team to hear what they would like to do. Create a “Social Committee” and give the members a certain dollar amount to spend on fun activities each month.

Having an exciting culture is something that all employees want and will help attract quality workers to your business. Think about these four areas within your company and how you can focus on building the best culture possible.

Written by: Eric Petersen