Risk Management and Contract Strategies to Protect Your Landscape Business

In this second episode of a special two-part series, Landscape Group Vice President Drew Garcia, is joined by Josh Ferguson, attorney with Freeman Mathis & Gary, to discuss contract strategies and risk mitigation for slip and fall incidents.

Drew Garcia: Welcome back everybody. I'm Drew Garcia, Vice President and Landscape Group Leader here at Rancho Mesa. Today we have a great opportunity to connect with Josh Ferguson from Freeman, Mathis and Gary. Josh and I had a chance to get to know each other over the last couple of years through different trade associations. Josh has a big focus on the landscape and snow contracting community. Josh, welcome to the show.

Josh Ferguson: Yeah, thanks for having I appreciate it.

DG: All right, Josh. So we're going to jump into some things that are kind of current and news and noteworthy right now for primarily landscape operators. So primary, you know, customer is going to be community associations, commercial properties that could be hotels, could be shopping centers, municipalities doing city work. I know each customer might have different needs in terms of how those contracts might need to be set up. But some things that we're seeing on the slip and fall, trip and fall side, want to talk a little bit about if you're seeing that same kind of activity and what are some things that the contractors could be doing to help, not only just prevent them from happening, but if something comes in, what's that supporting documentation that might help your insurance carrier or you when you're going through an incident like that?

And then also talking about this commercial auto market, you know, a lot of the insurance carriers, this has been an issue for a really long time and they're trying to raise rates fast enough to be able to cover the losses that are in the past and they're looking out into the future and it's causing some significant increases and in some cases some non-renewals or some change in appetite and that can really hit landscape hard because these businesses are built with a lot of vehicles in mind and they got service areas that they've got to get to. So I want to talk a little bit about the commercial auto side and some things that maybe the landscape business should be considering. There's certainly technology out there that might be able to support them in some of those efforts, but let's jump first into the slip, trip, and fall type of scenarios that can happen on properties and maybe talk a little bit about trying to defer or shed some of that liability through the contract and you know calling out scope and everything like that that might help build a better case for the landscape company in the event something like that occurs.

JF: Sure, and what you said to start with I think is right on we are also seeing an uptick in volume of claims relative to trip or slip and falls involving landscape contractors getting brought or dragged into those lawsuits. And part of the reason we think they're getting dragged in based on the claims we're seeing and the conversations I'm having is from really broad contract language that is things like monitor and inspecting provisions or maybe unclear terms as to what the landscape or hardscape services are actually to be. The broader or more ambiguous those terms are, the more a property owner or property manager when they get sued can have their attorney go through the rolodex of vendors they have on site, look through every vendor that has a really broad contract and bring in those contractors. So, in the same trip and fall on gravel, they may end up bringing one hardscape company, one landscape company, whoever dug up the piping or drainage on the property to get everybody involved, to make sure that they have the best chance of being protected. So, how we would combat that is again, make sure that the scope of services are really well defined to what you're actually going to do at the site, when you're going to do it, the timeframe you're going to do it, and then have some liability limiting language saying once you're done it, you have no duty to monitor inspector after and they deem that it's satisfactory work, again, to help protect you there.

DG: And if you're the landscape contractor and you already have maybe contracts in play and it's not a practice for you to revisit, you're listening to this now saying, “Shoot, I've already renewed a lot of my business or I'm working for people that I haven't looked at the contract in a couple of years, we just kind to continue to renew it.” What would be the cadence again on looking at those contracts and making sure they're up to speed and how would you go about getting that done so you feel confident that you're in a position where you're there to support the issue if the issue is a result of your work and you're not picking up more than you are anticipating?

JF: Sure. I think there's a two-part answer to that question. I think first and foremost, even if you've signed an agreement and you're in the middle of that period of time in which the agreement's valid, but you think something just isn't accurate or correct or it was when you signed it but they're not letting you do that, there is no reason you can't go to your client and say “This is actually not within our scope or you're no longer allowing us to do this, we should sign an addendum to this agreement confirming the actual obligations of the party.”

As an attorney, again, I want a 10 out of 10, and a 10 out of 10 would be those terms define what you're not supposed to be responsible for and everyone signs it. But even if it's just something where they acknowledge it by email, if then a claim arises relative to that issue, we've got something. We want—and by the global “we”, I mean you as a contractor, me as an attorney and your insurance company—we as a group want anything we can do to help protect you. And some things are better than others, but something is better than nothing. So first and foremost, I want to say that if you're listening to this and then know you signed a contract that's unfair, inaccurate, it doesn't mean you can't have those conversations. We can't guarantee the results, but I think it's worth that conversation.

And then if you did sign it and then you feel like there's nothing you can do about it, I would strongly suggest you revisit contract language on a yearly basis. Whether that's your base contract, you have folks sign or when you re-up with clients that you should look at on a routine basis. As an attorney who's done it for 20 years—and I review hundreds of contracts, especially in the late summer, early fall for snow and ice and then for maybe late winter, very early spring for landscapers—things come up that we had never talked about before. Things change in the industry or you as a contractor may change the type of services you perform. You may be a residential person and you're moving over to HOA or commercial, whatever it is. And then as a result, the language in your base agreement may need to be different. So I would strongly recommend doing it on a yearly basis.

DG: I'm nodding my head the whole time. I know this is just audio, but I'm just thinking of the past conversations with so many businesses and those are the things that come up. You know, everybody's an entrepreneur at heart when you own a business and that could create change No matter if that's with your customer base or a new service that you're offering and making sure that you're just covering your checks and balances in terms of how you're setting this up is important because at the end of the day you just want to make sure that you're supporting the business in the event there's an issue that, you know, comes against you and providing people like you the right information you need to defend.

And I would say the other key issue right now within the landscaping industry, primarily on the maintenance side; so when we've got fleet-driven businesses, commercial auto is at an all-time high in terms of so much scrutiny by the insurance carriers. And for a good reason, they've put out plenty of supporting information to show that they cannot collect enough premium to cover what seems to be the amount of claim cost that comes in. And in my experience with this, when I'm going through a renewal or if I'm talking to a landscape contractor about their business, and then ultimately get to that underwriting conversation. There's a lot of hesitancy right now with this class of business because of the amount of vehicles that they have. And they're really taking a deep dive into driver training, the ability to use things like GPS and dash cams, just as a way for driver behavior and training to that information. So it'll kind of open up that next category where I think originally maybe GPS was being used for routing purposes and then idling and fuel cost, but if you're seeing somebody kind of consistently speed or harsh breaking, harsh turning and you're not coaching to that information, am I right where you could be opening yourself up to some more opportunity where you had the information available and maybe you should have made some corrective action?

JF: Yeah, so there's multiple layers to what we're seeing and they all end kind of with the same end result, unfortunately. So there's certainly social inflation across the board for all personal injury claims The numbers are up across the board whether it's an auto claim, a slip-and-fall claim, a construction defect; whatever it is the numbers are just higher for settlement and for verdict, we track verdict analysis pretty consistently, and the numbers are up whether it's in South Dakota, California or Pennsylvania. So there's that aspect and that as a result then drives up the cost that the carriers are paying on those settlements and verdicts.

And then I think you're right, the plaintiffs' attorneys have figured out a way in this orbit of the landscape world to, if it's an auto claim, focus on the fact that if there's an inadequate training on these things, they can try to put the jury in the same person, in the same stance as the person that was injured, and try to get the jury to then punish these companies. And that's certainly the kind of claims that insurance carriers are worried about, which then cause earlier settlements and impact premiums or their even willingness to write the auto side.

The landscape industry, I think, certainly does a great job on across the board training for their employees because they're worried about workers comp and their employees’ safety. And they're thinking about slip and falls and tripping falls, but at the end of the day, as you mentioned already, all of these folks are in fairly heavy pieces of equipment and sometimes we kind of gets caught by the wayside that these are the things that could really cause the catastrophic losses and that bears out then in huge numbers and so the carriers are worried about it. So they want to see some internal training they want to see what kind of background information you're doing and training for these drivers because they want to make sure that even if they're going to have to pay out for a loss for your driver negligent running into somebody they at least want to be able to show that it was a one-off, it was truly negligence, and it was an accident, and that there wasn't any kind of history that should show that this was bound to happen.

DG: It makes a ton of sense, you know, when you back it in that way. And I think as most business owners, nobody's set out to go about business without any strategy or without any training. And I think that with the amount of technology that's now available, it's easier for them to gather information whether it's leading or lagging information to kind of appropriately assign and create trainings to make sure that they're putting their drivers in the best position to be successful and not to be in these accidents. And at the end of the day maybe having more evidence to provide to you and the insurance carrier to ultimately defend if there is an issue. Talk to us a little bit about—I'm going to flip right back to the contract side on slip and fall documentation—when it comes to doing that type of work or doing when you're primarily engaged in landscape maintenance for these commercial properties. What are some things that the landscape company can do to show that the proof of work or the scope of work was complete? And do you have any examples that you've seen in the past where people are using this so that it does help just with the proof of work being completed?

JF: Yeas, so, on the landscape side, sometimes we don't always get the records exactly when things were serviced, especially if it's a contract that says, you know, say twice a month mowing or weed whacking or fertilizer placement or whatever, gravel, whatever it is. There aren't always great documents to show when it was actually done. And then as a result of it, we have to go back through timesheets, sometimes years later when a claim arises. So, you know, we're really looking for increased documentation and I think technology does make it a lot easier, it takes away some of the friction for this to really show when where and how exactly the work was performed so that we can show that it was done as we see.

Again, one of the claims that does tend to come up a lot is when somebody trips and falls in a hole and the landscaper gets dragged in because they say it was covered up because it wasn't properly then mowed and our contract says twice a month and then we're having to dig through time sheets but if we actually know exactly who was out there when they were out there; if you have any records with communications with your client, if you're not going to be out there for a certain time because say it hadn't rained in a while or it's extra dry weather that August or September, help things explain itself a little better. Again, it puts you in a better position. Otherwise, we're at the mercy of again, relying on credibility and the insurance companies, especially in these days of social inflation with bigger settlement and verdicts, they don't want to rely on that. They'd rather settle out on the case and protect themselves from those high exposures.

DG: I appreciate it, Josh. I want to thank you again for coming in and helping us out and talking a little bit about snow, talking a little bit about landscaping. I think this is the beginning to just getting more information out to the industry. The goal here is just to educate people and raise the level of professionalism, raise the level of oversight and expertise when it comes to executing on the work that's being done in this industry. So I appreciate you taking that stance and kind of leading the way with the history of your involvement with both snow and with landscape. If somebody wanted to reach out to you or connect with you, it would be a good way for someone to do that?

JF: Yeah. You can find me on our firm's website, Freeman, Mathis and Gary; Joshua Ferguson, and I'd be happy to reach out and respond and I very much appreciate the time today.

DG: Josh, thanks again. Appreciate it.

JF: Thanks.

Reviewing 2024 Insurance Landscape and Forecasting into 2025

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

Now that we’ve turned our calendars and 2024 has come to an end, I wanted to give a brief review of the current state of the auto insurance and workers’ compensation markets within the green industries (i.e., lawn, landscape and tree care).

Auto Market

The auto markets continue to harden year after year and unfortunately it does not look like it will be softening anytime soon. Increases to auto claims cost is the biggest culprit for the hardening market. The rise in auto claim cost stems from medical cost inflation, increases in auto nuclear verdicts (i.e., any claim amounting to more than $10 million), and an uptick in frequency.

For the green industry, most of our clients have large fleets, and thus navigating this challenging market is difficult. A few things that we stress to our clients to help minimize cost increases is to have a strong written Fleet Safety Program in place. Training drivers on a consistent basis, as well as having strong driver criteria for the company, is also important. Make sure the employees that are allowed to drive company vehicles are capable and take that role seriously. Finally, staying up to date with the advancements in technology such as dash cameras or GPS systems can help as well. Forecasting another hardening auto market with rising premiums in 2025 makes staying on top of fleet safety a top priority for all.

Workers’ Compensation

The other major market segment to review is workers’ compensation insurance. This market has been relatively soft over the last 7-8 years where employers were seeing decreases and flat renewals year after year. Reviewing 2024 and looking into 2025 and beyond, experts believe that this line of coverage may begin to harden for some risks with many of the same reasons as the auto market. Medical cost inflation, wage increases, and litigation rates (particularly in California) all are impacting carrier bottom lines who are, in turn, pushing for rate increases. Two focal points for our landscape clients that allow them to control their premiums continue to be their Experience MOD (XMOD) and partnering with strong workers’ compensation carriers. Controlling the XMOD begins with making sure the company is doing everything they can to control risk. Weekly safety tailgate topics, wearing proper PPE, and recording JHA’s (job hazard analyses) are crucial in building a company’s safety profile. Along with those proactive strategies, choosing to partner with a strong workers’ compensation carrier can also help control the XMOD.  Aligning with the right carrier that understands the exposures of the green industry, handles and closes claims timely, and offers in-house services such as loss control inspections, will all help in keeping the XMOD as low as possible.

As we start 2025, now is the time to make positive steps toward navigating these two major insurance markets. Your first step can be a conversation with our landscape and tree care green team to review and advise on your fleet safety protocols, best practice safety techniques, and how managing these well can dramatically reduce insurance premiums and your bottom line.

To discuss how the auto and workers’ compensation market will affect your company, contact me at (619) 438-6905 or ggarcia@ranchomesa.com.

Three Industry Benchmarks all Landscape Companies Should Track

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

There are three major benchmarks that all landscape companies should consider when looking at how well they manage risk.  The three benchmarks are your:

• Average Claim Cost

• Claim Indemnity Rate

• Claim Frequency Rate

Knowing the importance of this, we designed a key performance indicator (KPI) dashboard that highlights these industry benchmarks, as well as compares them against other landscape companies in their geographic area.

We have pulled data from all landscape companies using the 0042 class code and have come up with some industry averages.  For the sake of this example, we will use California landscape contractors only. 

In California, the average claim cost for landscape contractors is $50,300 per 1 million dollars of landscape payroll.  In other words, on average for every 1 million dollars a landscape company has in the 0042 class code they should incur about $50,300 in claim cost. That number would rise to $100,600 in claim cost if a landscape company had 2 million dollars in 0042 class code. 

The next major category to consider would be indemnity rate.  Indemnity rate, or claims that result in lost time and temporary disability, the industry average is 0.7 claims per 1 million dollars of 0042 payrolls. 

Finally, the last category we consider is frequency rate.  In California for every 1 million dollars allocated to the 0042 class code on average that company will have 1.5 claims.

Knowing the data will not only give your team a good indication of how safe your company is, but these categories also play a significant role in determining work comp premiums.  There are several underwriting metrics a worker compensation underwriter takes into consideration when looking at a prospective business.  The Experience MOD, loss history, and of course safety protocols and procedures to name a few. 

The other major metric that underwriters are looking at are these three benchmarks: , average claim cost, indemnity rate, and frequency rate.  Simply put, the better a landscape company scores in these critical metrics, the better chance that an underwriter will add schedule credits to lower the worker’s compensation premium.

Now is a great time to see how well your landscape company stacks up against your peers, and consider any internal options to improve your metrics in any of these three major categories.

Understanding the Importance of Your Workers’ Compensation Unit Stat Filing Date

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

Imagine you are a landscaping company owner and your workers’ compensation policy just renewed January 1st. You are probably thinking, now what? Well, the next date that should be on your radar is June 30th, your unit stat date. Each unit stat date varies and with the actual filing taking place approximately 180 days from when the workers’ compensation policy was placed. The unit stat date is when all workers’ compensation claim activity is frozen, along with audited payroll information, and sent to the rating bureau so the experience modification (XMOD) can be calculated.  

As a reminder, your XMOD is determined by comparing your loss experience and historical payroll to others with similar class codes. The XMOD is derived from three years of audited payroll and losses suffered over those years.

If a particular claim is closed after your unit stat date, that claim will impact your next XMOD at the total incurred value before the unit stat date. Therefore, if you have a claim that can either be closed or reserves reduced, it is critical that this is done ahead of the unit stat date. Staying up to date with your claims adjuster and insurance professional ahead of the filing can quite literally save you points on your XMOD, which in turn can help to reduce your worker’s compensation annual premium.

Using one of the metrics on our proprietary KPI Dashboard, our clients are able to track the number of days until their unit stat date. Combining this KPI tool with our dedicated workers’ compensation claim advocate services at prescheduled claims reviews throughout the policy year helps to close the claims or mitigate claim costs in advance of the filing. This strategy can dramatically lower overall insurance costs.

If you have any questions about the unit stat or would like me to put together a custom KPI dashboard for your team, you can contact me at ggarcia@ranchomesa.com.

Empower Your Crew: The Importance of Heat Illness Training and Preparedness

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

As the calendar turns to April and warmer weather into spring time, now is a great time to take a look at your current Heat Illness Prevention Plan (HIPP), as well as make sure all crew members are up to date on their heat illness training.

As the months get hotter, it is important to remember three things: water, rest and shade. It is crucial that crews have access to all three. Adequate water for all crew members, regular rest periods, and identified shade areas around the jobsite or a portable canopy are all considered best practices, and when temperatures heat up, are often a requirement.

With rising temperatures, we anticipate, as has been the case in the past, there will also be a rise in heat-related injuries within the landscape industry. Having an HIPP not only will keep you compliant with state regulations, but more importantly keep your employees safe.

There are certain criteria and templates that all HIPP need to follow. For example, they need to be written, they need to be available in English as well as any other languages that are used at the company. And finally, it needs to be available at the worksite. The HIPP should include:

• Procedures supplying and accessing water

• High heat procedures

• Emergency response

• Acclimatization methods and procedures.

It is also important that leaders including foreman keep a regular eye on the crew, looking for signs of heat stress. The signs could be as minor as rashes or cramping to as severe as fainting. Any signs of this with a crew member should be reported immediately.

Knowing the hotter months are coming, now is a great time to dive into your company’s HIPP, make any updates to it, and begin to stress the importance of heat illness prevention.

Rancho Mesa clients can train their employees on heat stress and heat illness prevention with both online courses in English and Spanish, and a variety of toolbox talks in the SafetyOne™ website and mobile app.  Clients can distribute their HIPP through the mobile app ensuring foreman and crews have access to the document along with any other related resources when they’re at the jobsite.

Every year, Rancho Mesa hosts Heat Illness Prevention workshops and webinars to assist in educating clients and their employees. A recorded version of the workshop can be accessed online.

Contact me at ggarcia@ranchomesa.com or (619) 438-6905 to discuss how to mitigate heat illness and other potential risks.

Optimizing Landscapers’ Commercial Auto Insurance

Author, Drew Garcia, Vice President of the Landscape Group, Rancho Mesa Insurance Services, Inc.

Lawn and landscape professionals across the country have seen the direct impact of a very difficult and challenging commercial auto market. In particular, green industry businesses who specialize in service and maintenance, which require a larger fleet, have felt more of the direct market pressure.

In general, large employers (due to their economies of scale), have always been able to navigate tough market conditions by taking on more upfront risk via large deductibles or self-insured retentions in exchange for an upfront premium savings. These businesses are then able to reinvest those funds back into their businesses to better manage and mitigate risk. Like the large employers, there are options for mid-sized employers to optimize their auto insurance.   

Rancho Mesa’s focus on the middle market segment of the green industry (which has a rough annualized property and casualty premium between $200,000 and $1,500,000) has led our team to critically take on this challenge and come up with solutions.

As a result of this focus, I recently was invited to present a webinar in conjunction with Wilson360 addressing the contributing factors to the rising costs of commercial auto insurance and some solutions.  I discuss:

• Why commercial auto insurance costs continue to increase

• How to baseline your premium to help track premium fluctuation

• Indicators to track and reduce claim frequency

• Things to consider when optimizing your commercial auto policy

Fortunately, this webinar is now available to everyone. Register to watch the webinar.

View Webinar

Controlling the Rising Cost of Commercial Auto Insurance for Landscape Professionals

To discuss how to optimize your company’s commercial insurance, contact me at (619) 937-0200 or drewgarcia@ranchomesa.com.

Cracking the Code: Deciphering the Primary Threshold’s Impact

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

Every business owner understands the correlation between their Experience MOD (XMOD) and what they will pay in workers’ compensation premiums.  When the XMOD increases, there is a good chance that the workers’ compensation rates or premiums will rise as well.  This is why it is so crucial to really hone in on company safety procedures to limit work-related injuries as much as possible.  The reality is that even the safest company that does everything the right way is going to run into a workers’ compensation claim from time to time.

So, when the inevitable workers’ compensation claim happens, what are you supposed to do?  What impact will this have on the XMOD?  The first component that business owners need to understand is that there is a cap to how much any single workers’ compensation claim can impact the XMOD.  That cap is called the primary threshold.  The primary threshold varies from company to company and is based off of the company’s payroll.  The more payroll a company has the higher the primary threshold.

For this example, a company has a primary threshold of $15,000 where the maximum number of points that any one claim can impact the XMOD once reaching the threshold is 10 points.  This means that a claim that costs $15,000 and a claim that cost $150,000 will have the same impact (10 points against the XMOD).  However, this does not mean that claims that exceed the primary threshold can be disregarded, because the higher claim cost you have will impact your current and 5-year loss ratio (incurred claim cost/premium paid).  Additionally, if a claim that was reserved higher than the primary threshold and can be closed or decreased lower than the primary threshold, XMOD points can be shaved off of that claim.

Knowing the importance of the primary threshold, we designed our proprietary the KPI dashboard that allows our clients to see their primary threshold number and corresponding maximum impact to the XMOD any one primary threshold claim would have. 

If you have any questions about your XMOD or would like us to create a KPI for your company, please feel free to reach out to me at (619) 438-6905 or ggarcia@ranchomesa.com.

Developing A Strong Subcontract Agreement with Tree Care Partners

Author, Drew Garcia, Vice President of the Landscape Group, Rancho Mesa Insurance Services, Inc.

Having strong service partners that support your customers outside of your core operations is an important part of business. Many commercial landscape businesses have regional relationships with professional tree care companies to support the needs of their customers.

Here are some of the key components when setting up your overall subcontract program, specific to the tree care industry.

Written Subcontract Agreement

Work with your attorney to draft a master subcontract agreement or project/job specific subcontract agreement since the type of indemnity agreements can change from state to state.

Among other things this agreement should clearly define indemnity and provide insurance requirements.

Insurance Requirements

Limits
Collaborate with your insurance advisor to specify the types of coverages and policy limits you will require in the subcontract agreement. 

Arborist Errors & Omissions Coverage
The tree care company should carry some type of Arborist E&O endorsement or have a separate policy providing coverage for Arborist E&O.

Depending on the scope of work, if the tree care company is providing written arborist reports or providing professional consulting services, require them to carry professional liability coverage.

Additional Insured
Ask the tree care company to name you as an additional insured for both ongoing and completed operations coverage, including primary/non-contributory and waiver of subrogation on their general liability policy in your favor.

Certificates of Insurance
Collect certificates of insurance and automate the process of requesting an updated certificate as the policy period nears expiration.

Transferring risk where possible is critical for landscape contractors. Using these initial steps as you build out a best practice subcontract agreement can insulate your company from the ever growing exposures that exist as you engage with partner trades.

To discuss your company’s management of risk, contact me, Drew Garcia, at (619) 937-0200 or drewgarcia@ranchomesa.com.

Implementing Technology and Other Safety Tactics to Protect Your Fleet

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

One of the most important practices for any landscape professional is fleet safety. Whether you have 10 trucks or 100, the exposure and risk remain the same. Explore a prior podcast episode, Episode #251, in which I delve into compelling statistics that shed light on the increasing frequency and severity of auto accidents each year.

Here are a few ways landscape professionals can improve their fleet safety:

1. GPS/Telematics Systems

A written fleet safety program is a must have for every organization, but how can you take that a step further? Some landscape professionals are turning to technology and installing GPS tracking systems in all of their trucks. These systems have the capabilities of tracking speeding, hard breaking, sharp turning, proper seat belt usage and other metrics. Not to mention, if a truck were ever stolen, they have the capabilities to track down and locate the stolen vehicle. 

I was at the National Association of Landscape Professionals’ (NALP) ELEVATE conference a few weeks back in Dallas and spoke with a landscaper who uses GPS on their trucks. I asked how they use the data that is collected. Their response was that each month they sit down and look at the data. They identify any glaring issues and work to get them resolved. For example, if a certain driver has been tracked speeding multiple times, they will sit that driver down and explain the importance of not speeding. They may even have them do a specific driver training course to help that individual become a better driver. Having GPS is a great start to improving fleet safety, but actually using the data collected and being proactive with that data is what the elite landscape company do.

2. Regular routine maintenance checks on vehicles

GPS tracks a vehicle while it’s driven, but what can be done before the vehicle even hits the road to help prevent accidents?  Routinely checking vehicles and performing maintenance on them can really have a impact on fleet safety. For example, regularly checking tire pressure, making sure oil changes are up to date, inspecting the brakes and monitoring tire wear are a few things that every landscape company should do to keep their vehicles running in tip top condition. 

3. Company Roll Out Procedure

Implementing a mandatory company roll-out check can have a significant impact. I have actually seen a few of these performed in person and it’s impressive. As the trucks leave the yard to head out for the day’s work, the driver signals both blinkers, flashes the headlights, cleans the windshield and mirrors, and performs a small brake check, all the while, an inspector is outside making sure all signals are working before the truck heads out. 

Finally, if a trailer is being used, check to make sure the trailer is properly hitched and the equipment in the trailer is tied down or stored securely. Taking time and performing these checks will certainly help prevent auto accidents in the future.

If you would like more information on putting together or updating your Fleet Safety program, reach out to me at ggarcia@ranchomesa.com or (619) 438-6905.

Seasonal Demands Lead to Increased Risk for Landscapers

Author, Megan Lockhart, Media Communications and Client Services Coordinator, Rancho Mesa Insurance Services, Inc.

With summer in full swing and the autumn months close ahead, landscapers are at their busiest time of the year. During this time, landscape companies often increase their employee numbers with temporary hires to meet the seasonal demands. Due to this, employers are encouraged to be more cautious of the increased risk of injuries to their workers, particularly those who are young and less-experienced.

Landscaping and grounds keeping is undoubtedly a dangerous field of work. Potential hazards include chemicals, dangerous equipment, wildlife encounters, extreme heat, and electricity. According to the U.S. Bureau of Labor Statistics, 1,072 work-related deaths were reported in the industry from 2011 to 2021, and 142 employees suffered fatal workplace injuries in 2021 alone.

Risk of injury to young people is particularly important this time of year. A study published by the CDC in 2021 analyzed 18,037 workers’ compensation claims in the landscaping services industry from 2001 to 2017. Of these claims, 50% of serious injuries were employees aged 34 and younger. The average age for landscape workers in the United States was 38.1 in 2011, indicating younger workers may be at greater risk to injury than older workers.

Considering younger employees are often hired to work temporary summer jobs and typically have less experience in the industry, employers should ensure young workers are properly trained and are in compliance with the federal child labor law that restricts employees under the age of 17 from being exposed to hazardous occupations.

Newly-hired employees also experience particularly high numbers of work-related injuries in the landscape industry, especially at smaller companies.

“The percentages of all serious injuries occurring during the first 90 days of job tenure ranged from 22% to 30%, with the smallest companies having the highest percentage of these short-tenure claims,” the CDC states in their landscape industry study. “The frequency of injuries to young and early-career workers suggests that better training and supervision of new workers could be crucial to worker safety.” 

Increased demand leads to increased risk with less-experienced, young, and temporary hires. As heat continues to soar in late summer and early fall, it is best to make sure your workers all have proper safety training that includes heat illness prevention, in order to prevent workers’ compensation claims.

“Landscaping can be dangerous when workers lack experience and appropriate training in a language they understand,” Assistant Secretary for Occupational Safety and Health Doug Parker said, in an article published by the U.S. Department of Labor. “Too often, our inspectors find workers harmed in ways that their employers could have prevented by following federal and industry safety standards. We urge employers to implement strategies that involve their workers and protect everyone.”

The Federal OSHA website offers Health and Safety Programs applicable to the landscape industry, including an Injury and Illness Prevention Program for High Hazard Employees.

Rancho Mesa’s SafetyOne™ Mobile and Desktop application also contains a library of toolbox talks and online training applicable to landscape workers that can benefit companies during this time of the year. Clients can contact their client technology coordinator for more information.

Take Your Safety Program to the Next Level through Leading Indicators

Author, Drew Garcia, Vice President of the Landscape Group, Rancho Mesa Insurance Services, Inc.

When it comes to measuring safety, most green industry (i.e., lawn, landscape, and tree care) businesses rely on OSHA rates, the experience modification, and, if you’re a Rancho Mesa customer, your Safety KPI Dashboard. This data is important; however, it only captures lagging information. Take your safety program to the next level by measuring predictive, preventive, and proactive - leading indicators.

The SafetyOne™ mobile application provides your green industry business with the ability to capture your leading indicator goals at the yard or on the jobsite. 

OSHA published a document on leading indicators along with resources on hazards and solutions for the landscape and horticultural services industry. In the article, OSHA suggest using SMART principles when setting up your program. SMART stands for specific, measurable, accountable, reasonable, and timely.

Examples of Leading Indicators

Attendance at safety meetings - Are your employees attending regular toolbox talks, formal safety meetings, and getting proper safety onboarding? How do you know? Keeping a current record of safety activities allows management to know when safety is a priority or when it’s been neglected. Using data collected in the SafetyOne mobile app, management knows in real-time when a crew did or did not complete a scheduled toolbox talk or safety meeting by the end of the shift. This is a leading indicator that safety is either a priority or it is not and it is time to address the issue before there is an accident.   

Industry Known Hazards

• Heat Stress – Training, Checklist

• Vehicle Accidents – Training, Driving Requirements

• Slips, Trips, Falls – Job Hazard Analysis

• Lifting – Training, Mobility and Stretch

• Cuts and hand injuries - Training

• Chemical – SDS, Training

• PPE – Training, Checklist

• Electrical – Dig alert, Checklist

Review your companies own loss history and extend your indicators to reach your company’s assets and liabilities

• Equipment theft

• Third-party slip and falls

• Vehicle accidents at fault/not at fault

• Third party property damage

• Equipment damage

By using the SMART principles when developing your leading indicators, you can clearly define your goals. Making the indicators measurable allows your team to take the information and make calculated and informed decisions.

To learn more about the leading indicators or the SafetyOne™ mobile app, contact me at (619) 937-0200 or drewgarcia@ranchomesa.com.

Pure Premium Increase for Landscape (0042) in Consecutive Years

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

In September 2022, the Workers’ Compensation Insurance Rating Bureau (WCIRB) recommended a 9% increase in the pure premium rate for landscape class code 0042. Effective September of 2023, a 4% increase was recently approved, totaling 13% over the two-year span.

Pure Premium Rates arise from losses sustained and payroll submitted to the WCIRB from all workers’ compensation insurance companies. Per the California Department of Insurance (CDI), “Pure Premium Rates” are defined as “the cost of workers' compensation benefits and the expense to provide those benefits.” The WCIRB evaluates each individual class code and determines what the recommended rates will be for the upcoming year. This recommendation is made to the CDI who ultimately needs to reject or approve the recommendation. Once the pure premium rates are approved, each workers’ compensation insurance carrier will apply their individual least common multiple (LCM) which is an adjustment to the pure premium rate that takes into consideration business expenses and profit for the carrier, thus creating their individual base rates for each class code.

What does this all mean? The claim activity and claim cost as a whole have been increasing over the last two years for landscapes companies in California. This may signal the beginning of a hardening workers’ compensation market resulting in higher premium cost. 

What can be done to help combat these potential increases in premium? An increased attention to safety practices to reduce claims, a robust return to work program to mitigate cost of existing claims, proactive claim management, and consistent, documented safety training are a few of the ways that will help a landscape business remain best in class. 

Take control of your future costs and look to your existing risk management partners to help you accomplish your goals. For Rancho Mesa landscape clients, we do this through our customized and proprietary programs and tools, including:

• RM365 Advantage SafetyStar™ Certification Program

• Mobility & Stretch™ / A.B.L.E. Lift Protocol Program

• Key Performance Indicator (KPI) for workers’ compensation

• In-house workers’ compensation claims advocacy

• 52-week landscape-specific safety toolbox talk topics

• Monthly workshops and webinars

• New SafetyOne™ mobile app

These pure premium changes will take place on workers’ compensation insurance renewals after September of this year. Don’t be caught by surprise or unprepared.  We are here to help you proactively navigate through this. If you have any questions, want to learn more about our programs and tools, please feel free to reach out to me at ggarcia@ranchomesa.com or 619-438-6905.

Importance of Implementing a Stretch and Mobility Program

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

Strains are one of the top workers’ compensation injuries affecting landscape companies. The Federal Bureau of Labor Statistics states that back strains account for almost 20% of all workers’ compensation injuries. When analyzing this data, we see there is a common theme - a lack of preventative measures to avoid back strains. 

One of the reasons for the frequency of these back strain claims is due to the fact that employees are not properly stretching nor engaged before they perform their work for the day. With regards to safety, the top landscape companies have all implemented a stretch and mobility program of some kind. 

Every day, there are two great opportunities to implement a stretch and mobility program. One of which would be at a morning huddle and the other would be at the jobsite. In either case, the most important take away is that there is a stretch program being implemented before the employees engage in any physical activity.

Knowing the importance of a stretch and mobility program for our clients, Rancho Mesa created the RM365 Advantage Mobility & Stretch™ Program for them to implement. We collaborated with a certified professional trainer to create a stretch and mobility program that is designed to help eliminate some of these injuries. 

One version of the program can be completed at the morning huddle (without using a truck) and the other can be done at the jobsite (using a truck). Both versions are available in English and Spanish with pictures and descriptions of the movements that need to be performed. 

Using Rancho Mesa’s SafetyOne™ mobile app, clients can document every day that they performed the RM365 Advantage Mobility & Stretch™ Program with a quick photo showing their employees in action.

By creating these simple programs and implementing it on a daily basis, we aim to lower the chances of our client’s employees being injured; thus, creating a safer work environment. In addition, limiting these types of claims will also help to lower the company’s experience MOD, which can also help create savings on workers’ compensation premiums. 

For landscapers who currently do not have a stretch and mobility program, I would encourage them to reach out to their insurance advisor to help set one up. Or, take a look at the RM365 Advantage Mobility & Stretch™ Program on Rancho Mesa’s website.

Feel free to contact me with any questions about implementing a stretch and mobility program at ggarcia@ranchomesa.com or (619) 438-6905.

Maximize Your KPI Dashboard Insight

Author, Drew Garcia, Vice President of the Landscape Group, Rancho Mesa Insurance Services, Inc.

Three years ago, Rancho Mesa launched our proprietary safety KPI dashboard, consolidating experience mod and industry benchmarking reports to one working document. As a Rancho Mesa customer, you can now maximize the benefit of your safety KPI dashboard by completing our baseline training which will challenge the stakeholders in your organization to understand the key concepts this document delivers.

With the training and subsequent quiz behind you, you will be poised with the ability to roadmap your company’s commitment to safety and answer some common questions like:

• Do all work-related injuries impact my XMOD the same?

• What is an indemnity claim?

• What is my estimated renewal XMOD?

• How do we compare to our industry? 

This training can also be used for employees who transition or are hired to help oversee your workers’ compensation program. 

Quickly bring these employees up to speed by developing their skills through our online dashboard training.

Maximize your relationship with Rancho Mesa and train your team to better handle your workers’ compenasation program.

This course will be available in the SafetyOne™ platform in May 2023.

For more information, contact Drew Garcia at (619) 937-0200 or drewgracia@ranchomesa.com.

Focusing on ONE Industry: The Landscape Industry

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

When my baseball career ended in 2021, it was time for me to do something new with my life. For me the decision was easy and one that I am very grateful for. My dad, Dave Garcia started Rancho Mesa 25 years ago and throughout the years he and many others have contributed into what Rancho Mesa is today, a 16-time National Best Practices Agency. I was fortunate enough to get an opportunity to join such an amazing organization.

One of the main priorities for Rancho Mesa brokers is to find your “niche.” My brother Drew Garcia who has been a broker here at Rancho Mesa for 7 plus years, found the importance of focusing on one industry and how it can be a benefit for not only his personal success but more importantly for the businesses he serves within his specialty. He decided to focus on the landscape industry, which turns out to be my focus as well.

We found that by focusing on just one industry, we can better understand the issues and needs of our clients, and provide quicker more accurate solutions than if we were a generalist broker. We not only see the common issues that landscape contractors face, but through this expertise are able to develop the right risk management solutions for them. We push ourselves to be constantly searching for better ways to help our clients and future prospects. We are an integral part of the NALP and attend all their events. We are active participants in landscaping peer groups events all over the country to try to gain additional insights and knowledge about the landscape industry.

My family background is in baseball, so needless to say we are all very competitive, and in insurance it is no different. We are looking for an honest way to create a competitive advantage for our clients within the insurance marketplace. Focusing on one industry, the landscape industry, gives us a big advantage over other brokers that are not niched to landscape, because it is all we think about, talk about, and research. Our clients see the advantage in having their broker focus solely on their industry.

If you have never thought about partnering with a specialized broker or did not think that was possible, consider exploring that option before your next insurance renewal. To begin the process, sit down with your current broker and ask how many other clients he or she works with in your same industry. 

For all the landscape companies listening who want to learn more about why having a specialized broker is important, please contact me at 619-438-6905 or ggarcia@ranchomesa.com.

Closing the Installation Floater Coverage Gap for Landscape Contractors

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.

Landscape contractors have varying levels of exposure when it comes to installation projects. However, they virtually all share the same common coverage gap for trees, plants, shrubs, and lawns. 

An installation floater covers property being installed by a contractor. For landscapers, this could be a number of different items depending on the scope of work: irrigation systems, hardscape, low voltage lighting, and plant material to name a few. Most installation floaters will exclude plants, trees, shrubs, and lawns within the policy under “property not covered.” 

The property being installed is generally insured under a few different scenarios. Temporary storage at the yard, at the jobsite, in transit, and installation at the jobsite. Common losses include fire, theft, and accidental damage.

The obvious concern is a scenario in which plant material is damaged or stolen and the insurance policy denies the claim due to the common exclusion. 

When considering the limit for your installation floater, you will want to estimate your average job value for material cost and labor cost to install the product. You will also need to know if the policy is written on blanket coverage or scheduled location. If a project comes up that is out of the ordinary, you can always increase the limit for that specific project by engaging your insurance provider in advance of take-off.

The cost of plant material and labor changes each year. The broker price index for the nursery, garden, and farm supply stores has increased by about 43% since 2019. Wage inflation has continued to drive payroll cost. Be sure to re-evaluate your exposure and ensure that plants, trees, shrubs, and lawns are covered for your installation exposure by working with your insurance professional and carrier to remove the exclusion completely, or amend the limit to provide a max dollar amount per tree, plant, shrub, or lawn being installed.

To discuss this coverage or review your current policy, contact Drew Garcia at (619) 0200 or drewgarcia@ranchomesa.com.

WCIRB Proposes Expected Loss Rate Decrease for Landscape Industry

Author, Drew Garcia, Vice President, Landscape Group, Rancho Mesa Insurance Services, Inc.

The Workers’ Compensation Insurance Rating Bureau (WCIRB) has proposed a 2% decrease (from $2.42 to $2.37) in the expected loss rate for the landscape class code 0042. 

The proposed $2.37 would impact Experience Modifications (ExMod) for all workers’ compensation policies that take effect on or after September 1, 2022.

The expected loss rate is used to calculate each company’s individual ExMod within the industry. A decrease in the rate would generate lower expected losses and lower primary thresholds.  So, the lower number puts pressure on the ExMod to increase. Whereas, an increase in the expected loss rate would help provide some potential ExMod relief.

The proposed decrease would impact the lowest possible ExMod for landscape companies by increasing it about 5% or 2 to 3 ExMod points.

So, landscapers need to implement effective safety programs to ensure losses don’t exceed the new lower expected loss rate for the industry.  

To help landscape businesses manage their individual ExMod, Rancho Mesa introduced the KPI Dashboard in January 2021 to provide insights that help organization leaders stay informed and prepare for future changes like these.

If you’re not a Rancho Mesa client, and are a landscape business in California, we would welcome the opportunity to forecast your ExMod to help you better prepare. Contact me to request your customized KPI Dashboard.

A Deep Dive into Workers’ Comp Claims in the Landscape Industry

Author, Greg Garcia, Account Executive, Rancho Mesa Insurance Services, Inc.

Workers’ compensation premiums typically represent one of the largest overhead expenses for landscape companies. Premium costs are driven by the number and severity of claims a company has had over a five-year period. Thus, fewer claims often equate to a lower premium paid for workers’ compensation insurance.

The National Institute for Occupational Safety and Health (NIOSH) takes a closer look at the landscape industry, detailing where claim frequency is increasing and decreasing.

When analyzing the claims data, a couple of areas stand out as contributors to higher premiums.

Most notably, 50% of all serious claims occur during the first year of an employee’s tenure. Employees under the age of 34 are also more susceptible to a serious claim occurrence. Therefore, it is best to provide new hires with immediate and comprehensive safety training when they first start and continue to emphasize a safety culture throughout their tenure to minimize claims. As employees gain experience, they become more likely to take safety seriously.

The data also shows that loading and unloading trucks and trailers causes roughly 20% of all serious claims. This includes loading and unloading materials, tools, and equipment. Although a seemingly simple task, it’s often overlooked, yet statistics confirm that improved attention to safety when performing these tasks can significantly reduce serious claims.

The industry has seen a considerable decline in claims from overexertion injuries such as back sprains and disc disorders which were once a large contributor to higher premiums. The improvement of lifting techniques and implementation of programs such as Rancho Mesa’s Mobility & Stretch/A.B.L.E. Lift Program, have played a key role in reducing these claims. Programs such as these ensure employees are lifting properly while also stretching their muscles before they begin work.

Reducing workers’ compensation claims should be a top priority for any landscape company. Not only does it protect employees from harm but it also can benefit the company’s bottom line. As an added resource to reducing workers’ compensation claims, Rancho Mesa encourages landscape businesses to take advantage of available safety trainings for new and experienced employees, implement safety measures for loading and unloading trucks, and utilize the Mobility & Stretch/A.B.L.E. Lift Protocol.

In order for you to take your safety program to another level, sign up and receive our weekly safety training tailgate talks specifically designed for the landscape industry.

To start a conversation about how Rancho Mesa can assist your company, contact me at (619) 438-6905 or ggarcia@ranchomesa.com.

Choosing the Right Classcode: A Guide to Distinguishing Tree Trimming from Landscape Work

Author, Rory Anderson, Account Executive, Rancho Mesa Insurance Services, Inc.

Many tree care companies perform work that could be classified as “landscape gardening.” The risk and exposure associated with this class code is minimal compared to those associated with tree trimming. Without the additional tree care exposure, landscape gardening workers’ compensation insurance rates are significantly lower than tree trimming rates. Common questions we receive from our tree care clients are:

• What is the difference between the two class codes?

• I’ve always only used 0106-Tree Trimming, is it possible for me to use 0042-Landscape Gardening as well?

• How can I differentiate which specific operations are considered landscape gardening and which are considered tree trimming?

When more than one classification applies to operations that are closely related, it is important to understand the boundaries of each classification. Let’s take a look at how the California Workers’ Compensation Insurance Rating Board (WCIRB) defines both class codes:

0106 Tree Pruning, Repairing or Trimming

This classification applies to pruning, repairing or trimming trees or hedges when any portion of the operations requires elevation, including but not limited to using ladders, lifts or by climbing. This classification includes clean-up, chipping or removal of debris; stump grinding or removal; and tree spraying or fumigating that are performed in connection with tree pruning, repairing or trimming. This classification also applies to the removal of trees that retain no timber value.

0042 Landscape Gardening

This classification applies to the construction, maintenance, repair or installation of landscape systems or facilities designed for public or private gardens or other areas in order to aesthetically, architecturally, horticulturally or functionally improve the grounds within or surrounding a structure or a tract or plot of land. This classification includes the preparation and grading of plots or areas of land for the installation of landscaping; pruning, repairing or trimming trees or hedges when none of the operations at a particular job or location require elevation, including but not limited to using ladders, lifts or by climbing; or chipping operations performed in connection with landscape gardening. This classification also applies to spraying or spreading lawn fertilizers or herbicides, or weed abatement for fire hazard control purposes.

According to these definitions, a tree company may be able to use the 0042 landscape class code at specific times. However, when any of the operations are off the ground, that payroll would be classified in tree trimming 0106. Also, any type of work that is associated with the tree trimming (e.g., clean-up, chipping, stump grinding, etc.) will also be included as 0106. Here is a quick real-world example that will help to clarify.

A tree company has 10 employees that worked on a specific job to trim a large Eucalyptus tree. There were only two workers that actually climbed and trimmed the tree, and all the rest of the employees worked on the ground to clean up the limbs and branches that were being cut and fell from the tree. All 10 employees must be classified into the 0106 class code because the ground crew operations were in connection with the tree trimming, where the climbers were operating off of the ground.

The next day, on a completely different job site, the same tree company with 10 employees worked on a new job to trim a handful of 8 ft Japanese maple trees. For this job, all of the work was performed from the ground and there was never a point where any of the workers operated from elevation (e.g., ladders, lifts, climbing, etc.). Three of the workers trimmed with pole saws from the ground, while the other seven employees cleaned-up the debris and used the chipper. All 10 of the employees could be classified into the 0042 landscape class code because there was never a time where a worker left the ground to trim.

Properly documenting and maintaining valid records is critical in order for your company to utilize both class codes properly. Without proper documentation, you could be setting your company up for a large additional premium owed at audit.

Stay tuned to my follow up article and podcast as I share how to prepare for and execute a successful audit when both of these two class codes are applicable to your operations.

Don’t Trim Down Your Safety Procedures

Author, Rory Anderson, Account Executive, Landscape Group, Rancho Mesa Insurance Services, Inc.

Trees require regular maintenance to ensure their health and safety. Dead or diseased trees must be cut down in order to prevent injuries to people or damage to nearby structures. Maintaining trees through trimming is a dangerous task, even for experienced professionals. Unfortunately, accidents do occur. The three most common types of serious accidents experienced by tree trimmers are falls, electrocution, and being struck by falling objects.

Falls

Falls are a common accident for tree trimmers. They can occur by slipping off of a ladder, falling from a roof, or falling out of a tree. The typical fall victim is unsecured or not properly secured. Using proper personal protective equipment is essential in preventing falls.

Electrocution

The risk of electrocution is very high when working around power lines. Some trees are planted near overhead power lines and there is a risk of electrocution to anyone trimming branches. The worker may accidentally touch the wires, or a falling branch could knock down the wires resulting in a tree trimmer touching the lines. The most common type of victim violates minimum approach distances and makes contact with the power lines through a conductive tool/object such as pruning shears. Training employees on minimum approach distances and proper trimming techniques when working around power lines can help prevent electrocution.

Falling Objects

According to the Centers for Disease Control, being struck by a falling object is the most reported tree trimming accident. A falling object is typically an entire tree or its branches/limbs, but it could also be loose equipment like a chain saw. Most victims are struck by a tree or tree limb after it falls in an unexpected direction; however, careless accidents do occur in specified drop zones. Communication between employees in the tree and on the ground is imperative to ensure the safety of all.

Tree trimming professionals face dangerous hazards on a daily basis and it is extremely important to take precautionary safety measures to make sure that they are doing everything they can to reduce risk. Safety training materials for tree trimmers are available through the Risk Management Center.

For information about Rancho Mesa's TreeOne™ program, contact Rory Anderson at (619) 937-0164.