Workers’ Compensation Fraud Is Not a Victimless Crime

Author, Jim Malone, Workers’ Compensation Claims Advocate, Rancho Mesa Insurance Services, Inc.

Fraud can happen in every industry, including workers’ compensation. According to standard definitions, “in law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law, a criminal law, or it may cause no loss of money, property or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.”

Within workers’ compensation claims, fraud is a term that can be overused by employers who may not agree with a claim, or a condition that has been considered work-related/work-aggravated. Many times, instead of fraud, there is simply a difference of opinion as to whether a specific work incident caused an injury. For these disputes, it usually comes down to a medical opinion addressing whether something is work-related or work-aggravated.   

Examples of Workers’ Compensation Fraud

A claim can become fraudulent when the employee lies about how the injury occurred or about their ability to work. The treating physician may be asked to provide their opinion as to whether the injured worker mislead them about how their injury occurred, and the significance of their complaints or physical capabilities. The doctor is provided records or sub rosa videotape contradicting information previously provided by the injured worker. Fraud can also occur when the injured worker lies under oath during a deposition, thus becoming a felony. 

Workers’ compensation fraud is not limited to employees, but others within the system can also knowingly participate in the fraud. Physicians can be fraudulent in their billing for services not rendered, for accepting kick-backs, or realizing financial benefit for referrals to and from other physicians, vendors or other entities. Employers can commit insurance fraud by understating their number of employees, under-reporting payroll or misclassifying employees into cheaper job/class codes in order to secure cheaper insurance policy rates and premiums. Vendors can commit fraud by billing insurance carriers for products or services never provided. Attorneys can use illegal capping schemes to retain injured workers for clients. 

Combating Workers’ Compensation Fraud

Each insurance company is now required to have a Special Investigative Unit (SIU) that provides ongoing monitoring and investigation of questionable activities related to claims. Fraud continues to cost tax-payers millions of dollars (some estimates are up to $80,000,000) per year. The money and resources the employers and insurance carriers are spending to combat fraud are also increasing each year. 

In the event of a fraud conviction, fines or assessments, prison sentences, or restitution can be ordered. Workers’ compensation fraud is not a victimless crime; from the losses caused by fraudulent activities, to the money used to combat and prosecute fraud. The money lost to workers’ compensation fraud can never be replaced, but we are all responsible to do our part in remaining vigilant and reporting suspected fraud to the appropriate person or agency. 

Senate Bill 778 Extends Employee Anti-Harassment Training Deadline

Author, Alyssa Burley, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

Newly passed Senate Bill 778 (SB 778) extends the deadline set in Senate Bill 1343 for California’s mandatory Anti-Harassment Training from January 1, 2020 to January 1, 2021. The bill also addresses concerns about supervisory employees and clarifies when temporary workers must be trained. California Governor Newsom signed the bill into law on August 30, 2019, which included an urgency clause that allows the bill to go into effect immediately.

What SB 778 Means to CA Employers

The changes made by SB 778 not only extends the deadline for non-supervisory employee Anti-Harassment training, but also allows supervisory employees to stay on their existing two-year training schedule. For example, if a supervisory employee completed Anti-Harassment training in 2018, their next training, with the SB 1343 compliant content, will be due in 2020 - two years from their last training date, which is before the new deadline. Likewise, if a supervisory employee was trained in 2019, their next training due date will be in 2021.

Non-supervisory employees will need to complete their initial 1-hour Anti-Harassment training by January 1, 2021. For those who have already taken the training in 2019, we recommend they maintain their two-year schedule, and complete the training again in 2021.

Both supervisory and non-supervisory employees must be trained within six months of hire. However, temporary or seasonal workers who are hired for less than six months must be trained within 30 days of hire.

For questions about this training requirement or to learn how to enroll your supervisors and employees, register for the “How to Enroll Supervisors and Employees in the Online Anti-Harassment Training” webinar or contact Rancho Mesa’s Client Services Department at (619) 438-6869.

California Workers’ Compensation Dual Wage Thresholds Increases Approved for Construction Classes in 2020 – Bottom Line Hit Hard

Originally published May 23, 2019.
Updated September 19, 2019.

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

In an effort to keep you informed, so you can begin budgeting for 2020, we want to let you know of the approved changes in the dual wage classifications effective January 1, 2020.

The increases range from $1.00 to $3.00 per hour, to keep the thresholds in line with inflation. However these changes will have an immediate effect on your bottom line. 

In the classes of business that are facing a $3 increase, this equates to a low of 9.3% to a high of 10.3%. See the chart below for the actual approved changes. Not only does this have an impact on wages, payroll taxes, and your bottom line, it may also have an impact on your workers compensation premiums. If you find yourself in a situation where the wage increase is not practical, this will push those employees into the under classification which will have a substantially higher workers compensation rate. In either case, proactive planning will be required so you’re not caught unprepared.

Following are the individual classes and approved changes:

Dual Wage Thresholds

Classification	Current Threshold	2020 Threshold	Threshold Difference	Last Changed
5027/5028 Masonry	$27	$28	$1	2013
5190/5140 Electrical	$32	$32	$0	2018
5183/5187 Plumbing/Heating/Refrigeration	$26	$28	$2	2014
5185-5186 Fire Sprinkler	$27	$29	$2	2009
5201-5205 Concrete or Cement Work	$25	$28	$3	2018
5403/5432 Carpentry	$32	$35	$3	2018
5446/5447 Wallboard Application	$34	$36	$2	2018
5467/5470 Glaizers	$32	$33	$1	2019
5474/5482 Painting/Waterproofing	$26	$28	$2	2018
5484/5485 Plastering or Stucco Work	$29	$32	$3	2018
5538/5542 Sheet Metal Work	$27	$27	$0	2014
5552/5553 Roofing	$25	$27	$2	2018
5632/5633 Steel Framing	$32	$35	$3	2018
6218/6220 Excavation/Grading	$31	$34	$3	2018
6307/6308 Sewer Construction	$31	$34	$3	2018
6315/6316 Water/Gas Mains	$31	$34	$3	2018

_{Table Source: WCIRB.com.}

In an effort to help control workers compensation costs, we have developed several proprietary programs including the RM365 Advantage Safety Star Program™ and RM365 StatTrac™ that can help control these increases. Please reach out to me at sclayton@ranchomesa.com to ask any questions about the above or to learn more about our proprietary programs.

3 Benefits to Working with an Insurance Specialist vs. Generalist

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

Most insurance agencies welcome any and all types of businesses, paying little attention to the type of business the prospect is running. These accommodating professionals will commit to quote virtually any person or business looking for insurance coverage. With this type of approach, inevitably the buyer will be working with a jack of all trades, but a master of none. Working at Rancho Mesa Insurance for nearly 16 years, I’ve learned the importance of focusing on a niche or vertical market, rather than attempting to write insurance for anything with a pulse. The two vertical markets I focus on are the janitorial and construction industries. Below are three reasons why I believe a business owner should consider working with a specialist rather than a generalist.

Avoid Gaps in Coverage:  

Having a trusted advisor that is a specialist in your industry can truly minimize potential gaps in coverage that otherwise might get overlooked by someone dabbling in your industry. Some examples include:

• Allowing an exclusion of coverage to a policy where the insured has exposure: Unfortunately I see this all too often when I audit a prospects policy. I once reviewed a residential general contractor’s (GC) insurance policy and found a subsidence exclusion. This posed a serious concern because the GC builds foundations. If they were ever served with a claim relating to a foundation sinking or failing, there would likely be no coverage. I’ve also seen residential GC’s who build new homes with a residential exclusion. It’s these types of errors that can put a business in tremendous jeopardy.    

• Missing key coverage’s to plug gaps in coverage: Most contractors are required to carry workers’ compensation and general liability insurances. However there are many exposures that a contractor has in their operations that would be excluded without additional coverage’s in place. One example is pollution liability. If a plumber installs a faucet that leaks over time, undetected, and causes mold or fungus to develop, you will likely run into a pollution liability claim for bodily injury and/or property damage. Most general liability policies have a pollution exclusion. Without the knowledge of placing a separate pollution liability policy in place, the plumbing contractor would be faced with a gap in coverage.

Knowledge of Specialty Coverage’s and Markets:    

Brokers who understand the operations and challenges faced by a particular vertical market have an opportunity to position themselves as risk management and coverage expert in that field. Specialization can also lead to specialty markets seeking brokers out to work with. Specialty markets seek brokers with expertise in their specific niche because they know the marketplace, and proper coverages can provide a steady flow of business. These relationships often lead to a much more comprehensive policy at an aggressive price. In addition, these programs include coverages that you would normally purchase individually that come standard to the program.

In the janitorial industry, one example is 3rd party crime coverage. Many of your standard market package policies will include 1st party crime coverage for employee theft. While this coverage is very important against an employee stealing from an employer, it does not cover theft of a client’s property from an employee. In order to cover this exposure, a policy needs to have 3rd party crime coverage.

Industry Specific Resources:

Partnering with a broker and agency, like Rancho Mesa Insurance, will also provide industry specific resources that generalist agencies will not. Below are a few examples of what you should expect when working with a specialist like Rancho Mesa.

• Industry Specific Workshops – such as OSHA 10 Certification, Mobility & Stretch, Heat Illness Prevention, Fleet Safety, Fighting Fraud in CA Workers’ Compensation, etc.

• Industry Specific Training Materials – extensive training library of over 3,000 titles in both online and in-person formats, available in English and Spanish

• A dedicated Workers’ Compensation Claims Advocate to aggressively work on a client’s existing claims.

• HR Benefits – rely on a team of HR experts who can quickly answer complex human resource and compliance questions over the phone or via email. 

• Comprehensive Living Employee Handbook – create and maintain your customizable employee handbook plus receive suggested updates when laws change.

• Client Services Advocacy – In house dedicated client services coordinator to assist with implementation of risk management services.

Rancho Mesa Insurance is dedicated to becoming a trusted advisor to their clients by providing a 365 day approach to Risk Management. Our laser focus on specific industries has allowed us to build comprehensive programs that our clients are able to benefit from. If anything in this article resonates with you, please feel free to reach out to Rancho Mesa Insurance at (619) 937-0164.

Providing Anti-Harassment Training Is the Employer’s Responsibility

Editor’s Note: This article was originally published on August 22, 2019 and has been updated for accuracy on September 12, 2019.

Author, Alyssa Burely, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

Many industries like construction utilize a semi-transient workforce that can shift from company to company as labor needs change throughout the project’s life cycle. Employees may work a few months for one employer, then move on to another employer when the project is completed. This scenario poses a dilemma for California employers looking to comply with Senate Bill 1343 (SB 1343). Providing training to an ever-changing workforce can be a challenge.

“The current employer must provide the Anti-Harassment training to new employees within six months of hire, regardless if the employee was trained and has a certificate of completion provided by a previous employer or labor union.”

SB 1343 requires California employers with five or more employees to provide Anti-Harassment training to all supervisors and employees. The passing of Senate Bill 778, on August 30, 2019, extends the deadline for this training to January 1, 2021. The training must be completed every two years. For example, if an employee was trained in 2019, their next training due date will be in 2021. New employees must be trained within six months of hire. This means the current employer must provide the Anti-Harassment training to new employees within six months of hire, regardless if the employee was trained and has a certificate of completion provided by a previous employer or labor union. Every time a worker begins employment at a new company, they should expect to receive Anti-Harassment training within the first six months. However, temporary or seasonal workers who are hired for less than six months must be trained within 30 days of hire. This requirement ensures the current employer is able to maintain accurate training records.

Recordkeeping for Anti-Harassment training is important when there is an allegation of harassment or if an employee reports the employer for non-compliance. The Department of Fair Employment and Housing (DFEH) “accepts complaints from employees that their employers have not complied with the law…If DFEH finds that the law has been violated, it will work with employers to obtain compliance with the law,” according to the DFEH’s “Sexual Harassment and Abusive Conduct Prevention Training Information for Employers” document.

Rancho Mesa offers free online Anti-Harassment training for supervisors and employees to all of its clients. The training can be accessed from a computer, tablet or smartphone. The online platform provide automated recordkeeping and rescheduling to ensure as soon as an employee completes the training, they are automatically scheduled to complete it in two years. It also allows administrators to archive employee training records when an employee leaves the company and reactivate the records when/if they are rehired. To learn more about the trainings, visit our website or contact the client services department at (619) 438-6869.

SB 1343 requires employers take responsibility for providing Anti-Harassment training to all of their employees and supervisors. Take advantage of Rancho Mesa’s Anti-Harassment training and ensure your company stays compliant.

Fraudulent Claims Could Be on the Rise

Author, Casey Craig, Account Executive, Rancho Mesa Insurance Services, Inc.

California is in the middle of a construction boom. There is more work than qualified employees and contractors need people on their job sites. While fraudulent workers’ compensation claims are relatively low right now, California contractors are asking what will happen when there is not enough work to keep everyone busy?

Fraudulent workers’ compensation claims peak when steady work dries up and opportunities diminish. When an employee doesn’t know if they will be employed next week, they can panic and consider making a fraudulent workers’ compensation claim to ensure a compensation check. Regardless of the size of your company, consider how you may be able to create growth opportunities for your employees. Even if an employee is with your company for a short time, it is important to show them there are opportunities for promotions and pay raises. Keeping your employees happy and goal oriented is extremely effective in reducing fraudulent workers’ compensation claims.

According to Chris Dill, Special Investigations Unit Manager for ICW Group Insurance Companies, millennial’s are two to three times more likely to commit workers’ compensation fraud compared to older employees. That is not to say you shouldn’t hire a millennial, just make sure they know there is a path to move up in the company, have job descriptions, and promotions available with new titles. This is essential to keeping their interest and dedication to your company. Make sure to have meetings where every employee can speak freely in an open forum, so their voices are heard. If an employee feels valued and a member of a cohesive team, they are less likely to create false claims, which can lead to a more profitable company.

When bidding for a job, it is next to impossible to account for injuries that may happen and how those injuries will cut into your net profit. If your only goal is revenue, profit is hard to attain and growth is only sustainable if your profit remains consistent. Keeping workers’ compensation claims to a minimum is a contributing factor to achieve consistent profit.

There are many ways to decrease the likelihood of fraudulent workers’ compensation claims. Rancho Mesa Insurance Services offers strategies to help clients stay ahead of this problem, including our upcoming workshop “Fighting Fraud in CA Workers’ Compensation System” on September 19, 2019. Please contact us at (619) 438-6889 or ccraig@ranchomesa.com for more information on how to prevent fraudulent claims, or with any questions you have regarding your policy.

RM365 Safety Star Program May Lower Risk of Receiving OSHA’s Most Frequently Cited Violation

Author, Kevin Howard, CRIS, Account Executive, Rancho Mesa Insurance Services, Inc.

Rancho Mesa Insurance Services’ RM365 Advantage Safety Star Program™ checks several boxes for contractors who are looking to improve their safety culture and lower risk. The program provides safety training designed to reduce an organization’s probability of work-related injuries; thus, minimizing the likelihood of an OSHA citation when used in conjunction with the Risk Management Center tools.

Encouraging a safety culture through proper training makes sense for employers. Fed OSHA’s, maximum fine for a non-serious violation is $12,600. A willful repeat violation, however, can cost an employer anywhere from $70,000 - $126,000.

According to the United States Department of Labor, the top 10 most frequently cited standards are:

1. Fall protection, construction

2. Hazard communication standard, general industry

3. Scaffolding, general requirements, construction

4. Respiratory protection

5. Control of hazardous energy (lockout/tagout), general

6. Ladders, construction

7. Powered industrial trucks, general industry

8. Fall Protection–Training Requirements

9. Machinery and Machine Guarding, general requirements

10. Eye and Face Protection

Avoiding OSHA’s #1 Violation

With Fall Protection being at the top of OSHA’s citation list, and one of the most frequent causes of workplace fatalities in construction, it is of the upmost importance to focus on it when developing a safety program.

Rancho Mesa’s Risk Management Center offers a number of safety trainings that cover all 10 of the most frequently cited standards listed above. Fall Protection is one of five modules, within the RM365 Advantage Safety Star Program that could potentially help avoid a severe injury and OSHA fines.

When Century Painting’s Eddie Lopez was asked to give his thoughts on becoming RM365 Safety Star certified, his response was sincere.

“Obtaining my RM365 Safety Star Certificate was not only fulfilling and educational as a safety manager, but it also helped me navigate through safety criteria that OSHA is expecting us to follow regardless,” said Eddie Lopez, Safety Manager for Century Painting Corp.

RM365 Advantage Safety Star Program™ is a comprehensive tool for contractors that are hoping to package several advantages into one single task. To learn more about how to enroll, please visit the Safety Star Program™ page or contact Rancho Mesa Insurance Services at (619) 937-0164.

To learn more about the Fall Protection in Construction requirements, visit Cal OSHA’s Safety & Health Fact Sheet. You will notice links dedicated to each industry down the left side of the page. This information can further help companies avoid a potential OSHA fine, and more importantly, protect employees.

Employers Prepare As Reports of Sexual Harassment Spike

Editor’s Note: This article was originally published on June 27, 2019 and has been updated for accuracy on September 12, 2019.

Author, Alyssa Burley, Media Communications and Client Services Manager, Rancho Mesa Insurance Services, Inc.

Americans are all too familiar with the #MeToo movement that has shed light on sexual harassment in the workplace. Outspoken celebrities and prominent public figures have brought this topic to the forefront in the media. With all the publicity surrounding sexual harassment allegations, people are empowered to speak out and report unwanted behaviors in the workplace. This leaves many employers asking what they can do to prevent harassment and prepare for possible harassment allegations.

Charges Alleging Sexual Harassment FY 2010 - FY 2018

EEOC. Charges Alleging Sexual Harassment FY 2010 - FY 2018.

The United States Equal Employment Opportunity Commission (EEOC) released its “Charges Alleging Sexual Harassment FY 2010 - FY 2018” report. The data shows from 2010 to 2017 reports of alleged sexual harassment incidents actually declined 15.7%, over the seven-year span. However, based on the data, it is difficult to know if incidents of sexual harassment declined or just the reporting of incidents declined.

However, during 2018 there was an increase of 13.6% in alleged sexual harassment incidents, which accounted for over 7,600 claims at a cost of $56.6 million dollars in damages.

Year	2010	2011	2012	2013	2014	2015	2016	2017	2018
Percentage Change Over Previous Year Number of Charges	NA 7,944	-1.4% 7,809	-3% 7,571	-4.2% 7,256	-5.7% 6,862	-0.6% 6,822	-0.9% 6,758	-0.9% 6,696	13.6% 7,609
Percentage Change Over Previous Year Damages (In Millions)	NA $41.2	9.5% $45.1	-4.7% $43	3.7% $44.6	-21.5% $35	31.4% $46	-11.5% $40.7	13.8% $46.3	22.2% $56.6

^{EEOC. Charges Alleging Sexual Harassment FY 2010 - FY 2018. https://www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment_new.cfm.}

California’s Senate Bill 1343 (SB 1343) now requires employers with 5 or more employees to provide 2-hour Anti-Harassment training to supervisors and 1-hour training to employees, every two years. As part of this new requirement, the initial training must be completed for all employees and supervisors by January 1, 2021, according to Senate Bill 778, approved on August 30, 2019, which extends the training due date. The changes made by SB 778 not only extends the due date to January 1, 2021, but also addresses concerns about supervisory employees and clarifies when temporary workers must be trained. Read about the changes here.

It’s our belief that as more people are trained to recognize harassment in its many forms, we expect to see the number of reported alleged harassment incidents increase in the coming years. So, what should California employers do to mitigate this increased risk?

Course of Action

For employers, the best course of action is two-fold. Make sure you are compliant by training your employees and supervisors; second, make sure you have Employment Practices Liability Insurance (EPLI) as part of your risk management portfolio.

Training Supervisors and Employees

Understanding the confusion, time and financial burden SB 1343 puts on all California employers, Rancho Mesa offers its clients SB 1343-compliant free online supervisor and employee Anti-Harassment training. Supervisor and employee trainings can be completed 100% online via a computer, tablet or mobile device.

California employers who are not clients of Rancho Mesa can find this training through 3rd party vendors that work in the Human Resource arena and will need to contract with them directly to meet this requirement.

Employment Practices Liability Insurance (EPLI)

EPLI is “a type of liability insurance covering wrongful acts arising from the employment process. The most frequent types of claims covered under such policies include: wrongful termination, discrimination, sexual harassment, and retaliation,” according to the International Risk Management Institute, Inc.

If your organization currently does not have EPLI, or you are unsure about what is covered in your policy, we recommend you contact your insurance broker or call us to get clarification. With the projected increase in these types of claims, not having this vital coverage in place could expose your company to severe negative financial impacts.

Whether the increase in reported alleged sexual harassment incidents is a result of more incidents or simply more people feeling comfortable reporting the harassment, every employer should be prepared to properly train their employees and supervisors, while actively working to prevent and stop all forms of harassment in the workplace.

Contact the Rancho Mesa Insurance Services Client Services Department at (619) 438-6869 or aburley@ranchomesa.com for more information about free anti-harassment training for supervisors and employees, or learn more through our other articles on the topic.

Alyssa Burley is NOT a licensed insurance professional. Informational statements regarding insurance coverage are for general description purposes only. Contact a licensed insurance professional for specific questions.

Fleet Management: Driver Behavior Counts

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

When you give the car keys to your teenager for the first time, you wish you were sitting in the back seat controlling how they drive. Unfortunately, you have very limited control and the consequences of poor driving can be disastrous. It’s time to think of your employee drivers in a similar manner; these principles apply to your company’s fleet management program.

To gain some sense of control, you regularly perform fleet inspections and driver trainings. You also hire and manage according to driving records, which provides a picture of the employee’s past driving history. Though, if you are honest with yourself, you too have driven over the speed limit many, many times before you received your speeding ticket. So, a driving record is not the only way to gauge a driver’s behavior.

If you had an effective and efficient way to impact your driver’s behavior before a ticket or accident occurs, you would feel more confident about managing your fleet.

There are Global Positioning Systems (GPS) that can monitor some of the problem behaviors like speeding; however, the onus is on you (the employer) to analyze the information then act on it. Another problem with this type of system is willful negligence. What happens if you have the data, know of a problem, but don’t act? This could cause a major problem when an accident occurs because you knew of a driver’s poor behavior but did nothing specifically to correct it.

The insurance industry is in a commercial auto claims crisis. The cost of vehicle repairs have increased and whether you employ safe drivers or not the price to insure a vehicle is skyrocketing. Simply, the claims have exceeded the premiums collected and the carriers are trying to recover the loss. So, steering driver behavior is more important than ever for your bottom line.

To the degree you can control auto claims created by your employee drivers, the better your premiums will be. Fewer claims equal lower premiums — simple as that. Claims are caused from poor driving behavior. Improve drivers’ behavior on any given day, and you’ll reduce the number of accidents.

But, how do you do that?  Logistically, you can’t physically ride along with every employee to ensure they are driving safely, and offer real-time corrective guidance when they make mistakes.

As mentioned, there are GPS devises that measure driver behavior and performance. The devices will consolidate the information; but, it is up to the employer to analyze and act on the information.

Ask yourself, do I have enough time to consistently review this information and implement the correct plan of action? Do I have the resources available to manage this process?

If you are unsure and would like to learn about automated ways to track, manage and correct behaviors likes seatbelt usage, speeding, harsh braking, acceleration and corning, join us at our upcoming Fall workshop, “Driver Behavior is What Counts” and learn how to effectively and efficiently improve your fleet management practices and reduce premiums using smart technology.

In the meantime, if you have any questions, please contact Sam Clayton at (619)937-0167.

Time To Renew Your Bond Line of Credit

Author, Matt Gaynor, Director of Surety, Rancho Mesa Insurance Services, Inc.

The majority of Rancho Mesa’s contractor clients have a fiscal year, end of December 31, for their company financial statements. During March, April, and May we collect a variety of financial information from our contractors to update the bonding company. The underwriting items we request include the 12/31 CPA financial statement, along with the work in progress and closed contract schedules. We also request an updated bank letter, account receivable/account payable schedules, and a personal financial statement from the owner.

Once this information is collected, submitted to, and reviewed by the bond company, they may follow up with questions or require additional information to explain what has been submitted. They will also ask the bonding agent to request single bond and aggregate bond program “parameters” based on the contractor’s estimate of work over the next 12 months. This information forms the basis for the bond agent’s line of authority that the bond company will provide to the bond agent.

The line of authority provides the agent with approval to execute the bid, payment, and performance bonds for their contractor client within the negotiated single and aggregate limits. The bond agent line of authority also includes certain conditions that would fall outside the agent’s authority to approve the bond request; therefore, the agent would need to submit the request to the bond company for approval. Some of the conditions that fall outside automatic approval include:

a.) a bid spread in excess of 10% between the first and second bidder.

b.) a project located outside the contractors’ normal geographic area for work.

c.) the contractor taking over work of a defaulted contractor, etc.

The agent line of authority is an efficient way for the bond agent to service their contractor client accounts without requiring approval from the bond company for every project. Upon receipt of a new bond request, the agent will review the project information to ensure it falls within their authority, and then they will execute the bid or performance bond and deliver the bond to their client. The line will usually expire on April 30th of the following year – which restarts the process to collect the financial information for the bond company to renew the agent’s line for another year.    

If you would like a better understanding of how the bond line of authority affects your bond program, please contact Matt Gaynor, at (619) 937-0165.

Promoting Safe Behaviors in the Workplace

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

Safety awareness is one of the most important factors in reducing workplace injuries. There are approximately three million workplace injuries, every year. This amounts to roughly 8,000 injuries per day, 350 per hour, or 6 injuries per minute. Many of these injuries are preventable. Unsafe behaviors or decisions are usually the most common contributing factors. If employees are unaware of hazards or not motivated to follow safety protocol, their behavior will expose them even more.

Promoting safe behavior in the workplace can be one of the most impactful ways of reducing injuries. I encourage business owners to go above and beyond the required controls and measures such as engineering, administrative, and personal protective equipment (PPE) and promote safe behaviors and a safe work environment. Below are examples of ways ownership and management can promote safe behaviors.

• Conduct frequent safety meetings with employees and encourage participation. Discuss previous injuries or near misses with your employees to identify the root cause and any corrective actions that are necessary. Be aware that not all corrective actions are readily accepted by employees, especially those seasoned employees that are set in their ways. It is important to listen to their concerns, analyze and modify the procedure or task so that the employee will buy into the changes and not be tempted to break the rules and work unsafely.

• Give recognition to employees who are performing tasks safely and demonstrate proper behaviors. A little bit of recognition amongst your peers can be extremely influential and can further promote safety in the workplace.

• Involve the employees in identifying and correcting hazards in the workplace. This can promote self-worth in an employee. Your employees are your eyes and ears in the field and they may identify an overlooked workplace hazard. It is especially impactful when the corrective action was a hazard they identified on their own.  

• Perform safety observations to encourage safe behaviors. While supervisory observations are important, business owners should also consider peer to peer safety observations. By collaborating with employees and involving them in the safety program, it will help them buy into any changes that are necessary further promoting workplace safety. 

• Having ownership and management consistently express their concerns for their employees well-being and safety is another way to promote safe behaviors. As a business owner, communicating to your employees that your main concern is their safety can drastically change the culture of a business. Reminding your employees that you want them to go home safely each day, goes a long way.  

Promoting safe behaviors in the workplace starts with ownership and management, but is executed daily by the workforce. Providing sound policies and procedures relating to safety, along with a strong collaboration between ownership, management, and staff can drastically improve safety in the workplace and promote a safety culture.

Rancho Mesa Insurance Services, Inc. is a strong advocate for workplace safety. We like to take a risk management approach with our clients and prospects to develop a program that fits their needs. Please feel free to reach out to me, Jeremy Hoolihan, at (619) 937-0174 to see how Rancho Mesa can improve your risk profile.

Understanding Your Claims: What Do You Have To Lose?

Author, Daniel Frazee, Executive Vice President, Rancho Mesa Insurance Services, Inc.

Claims happen. They come in all shapes and sizes, from all types of parties, and can cost your company in many different ways. An important aspect of managing the costs of risk start with gaining a clear understanding of your claims. Our clients are always looking to improve their bottom line. This article focuses on just one piece of the pie chart; workers compensation claims. Understanding the nuances of these cases can create measurable plans in the future to reduce frequency and severity of claims and ultimately lower your costs.

DIG UP THE ROOTS

Perhaps the most common problem solving method for identifying causes of problems or faults is referred to as a “Root Cause Analysis.” As someone who likely manages many facets of your business, developing systems that analyze failures of a process makes complete sense. Once a claim occurs, initiate an Accident Investigation that is meant to uncover all of the small details that ultimately led to the injury or incident. In many cases, a Best Practices approach involves this same process for “near miss” incidents. That is, perform the same process despite the fact than injury did not actually result from the incident. This allows your company to refine the approach, improve the analysis, and develop training modules addressing the failure(s).

MORE QUESTIONS LEAD TO ANSWERS...

When claims occur, proactive business owners build a list of specific questions that deliver uncensored facts. Those facts build a story and allow your team a clear view of what really happened. Some examples of questions that can be used by your team are listed below:

• How long had this injured worker been employed with us before the claim occurred?

• Was the employee following protocol when the injury occurred?

• Did the claim occur at the beginning or end of the day?

• How quickly did our team provide assistance and get him or her the care they needed?

• How quickly was the claim reported to our insurance company?

• Have we had incidents like this in the past?

ROLE PLAYING EXAMPLES

While role playing actual incidents and scenarios is not factual, it helps your team walk down a path to understand “what if” scenarios and forces discussion on how to address issues.

Example: Employee ‘A’ was injured when he fell from a ladder and fractured his leg. He had been employed for only two months. The injury that occurred was caused by a lack of proper training as the ladder was not properly secured. This claim occurred in the early morning and the area surrounding the ladder was wet. The team reacted quickly and was able to transfer the injured worker to an emergency room in less than an hour. The claim was reported 3 days from the incident. There have been two other similar “near misses” with ladders that did not result in injury.

Understanding your claims is a vital step in preventing future incidents. An investigation of an incident or near miss can uncover the root cause, explain the circumstances surrounding the incident, and help to identify scenarios and prevention plans. To learn more about understanding your claims, register for the Accident Investigation and Analysis training in Rancho Mesa’s Risk Management Center.

Stay Off OSHA's Radar with an Effective Ladder Safety Program

Author, Casey Craig, Account Executive, Construction Group, Rancho Mesa Insurance Services, Inc.

Year after year OSHA publishes the “Top 10 Most Cited Violations” and it always seems to include violations dealing with falls. Fall protection, scaffolding, ladders, and fall protection (training requirements) all made this list and all of them have been on this list perennially for over a decade. How can a company that is using ladders keep from becoming just another name on the list of violators? How can you ensure that your employees are using provided equipment properly?

The biggest mistake made with work at height is letting your employees perform their work using materials that are not meant for that job. Employees finding a chair, bucket, or truck to stand on to get those couple extra feet are the easiest ways to lead to an accident. From A-frames to extensions and step stools, there is a perfect tool for the job at hand. It does take a little preparation before sending your employees onto the job site. Having your supervisors make sure ladders are properly set up and fully functional to ensure your employees safety is as important as training your employees how to use a ladder.

Ladders have not miraculously become safer over the years. The materials used in making ladders may have changed, but the injuries that occur from using them have been the same. Here are some common misuses:

• Trying to overextend reach at the top of a ladder, instead of taking the time to get all the way to the bottom to move the ladder and maintain three points of contact.

• Stepping off from the third rung instead of keeping three points of contact all the way to the ground.

• Setting the ladder at the wrong angle before climbing (70-75 degrees is desirable).

• Trying to move a 70 pound ladder without asking for help and losing control.

There are countless ways that rushing or not paying attention to detail can leads to injuries. The American Ladder Institute (ALI) claims all injuries that occur on a ladder are preventable with the proper attention to detail. If you know that a ladder has a bent rung, or the frame is compromised, the risk is not worth having an employee get on that ladder. Ladders are manufactured to withhold four times the weight they are rated for, but if damaged there is no telling what could make it catastrophically defective. Make sure that there is enough tread on the foot of the ladder to keep your ladder in place while working at height.

Now that we know a little about our exposure, let’s see what we can do to fix the problem. Making sure you have the right equipment is by far the most important step to keep you from running into a violation. Keep your employees trained in proper ladder safety, and only let the employees that have been trained on a ladder. Properly tie off ladders, maintain your equipment over time, and attend ladder safety seminars regularly. One huge tool that is underutilized in the construction industry is having a consultation meeting with OSHA. Have them come out and inform you of things you could be doing better without the worry of being fined. OSHA is meant to be a tool to keep your employees safe, don’t hesitate to use them.

For questions about ladder safety seminars or what policies may match your company’s risk, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164. We look forward to helping better your risk profile.

Pollution Liability for Landscape Contractors

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

Most landscape contractors believe their exposure to pollution is limited to the herbicides, pesticides, and fertilizers they apply. In order to provide some limited coverage for this it is common to see the Herbicide/Pesticide Endorsement added to the Commercial General Liability Policy. Although the endorsement extends some coverage, Contractor’s Pollution Liability would help fill the gaps created by the General Liability Policy for all of the landscape contractor’s pollution exposures. 

Remember, General Liability Policies do not provide coverage for pollution. Contractors Pollution is protecting your environmental liability, and in today’s world the awareness to preserve the environment has never been stronger. A landscape contractor’s exposure to environmental liability is considered “high” and classed as “high” along with drilling, subsurface, site/dirt work, paving, mechanical and electrical contractors to name a few. 

Landscape contractor operations are almost exclusively performed outdoors in the environment which is the result of the high exposure. Beyond herbicide, pesticide, chemical applications and the property damage or bodily injury that may arise from such operations, other material exposures would include but are not limited to; fuel, oil, fumes, hydraulic fluids, silica, foundry sand, manure, dust, waste, water, natural gas, propane and mold. 

The Herbicide Pesticide Endorsement is an essential piece to any landscape contractor’s insurance program; however, a Contractors Pollution Liability policy is the best way to transfer your environmental exposure. Not all pollution policies are the same: capacity, coverage, exclusions and deductibles need to be examined. Making sure you have a policy that fits your operations and your exposure is critical.

For questions about which policies may match your company’s risk, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

What Do You Mean My Deductible Is Infinity?

Author, Kevin Howard, CRIS, Account Executive, Rancho Mesa Insurance Services, Inc.

Employment Practices Liability Insurance (EPLI)

Employment Practices Liability Insurance (EPLI) can protect companies from claims related to wrongful termination, discrimination, defamation, unfair hiring/firing practices, and wage and hour lawsuits. EPLI policies may also provide defense costs associated with responding to employment related lawsuits.

HIGHER THAN AVERAGE DEDUCTIBLES

With the increasing frequency of EPLI claims and 40% of California claims occurring within companies with less than 100 employees, deductibles have risen to previously unseen levels. It is now common to see per claim deductibles at a $10,000 starting point and jumping as high as $50,000. These higher retentions can, at times, deter many employers from securing coverage when they might need it most.

YOUR DEDUCTIBLE IS INFINITY

For those employers who elect to self-insure this exposure and go bare without a policy, there is a question that needs to be asked. What is your deductible without EPLI coverage? The simple, very possible answer is that it can be infinity. That is, an employer is responsible for the first dollar to defend along with any future negotiated settlement. That unknown is why many of our clients ultimately purchase EPLI as their balance sheet cannot absorb an infinite loss.

ATTENTION BUSINESS OWNERS!!!

In this unsettling time, across various workforces, it makes good business sense to consider EPLI options with varied deductible ranges. Having that clarity brings comfort to many clients who have worked years to build their business, acquire assets, and improve their net worth. Exposing their business to what could very well be unlimited costs creates considerable risk moving forward.

COMMON MISCONCEPTIONS

Misconception: “If I file an EPLI claim, I will owe the entire deductible upfront.”

Truth: When a claim is filed, policy holders will team up with an attorney who will bill hours until your self-insured retention is met. This could run the course of years with small bills being paid out over time.

Misconception: “I can’t afford to pay an entire annual premium at once, on top of my other insurance renewal premiums.”

Truth: Rancho Mesa can generate a finance plan that will allow you to pay your premiums over a 12 month period.

Misconception: “If I ever have a claim occur, I will just purchase a policy at that time to protect my business.”

Truth: EPLI carriers include prior acts exclusion for this very reason. Any claim that has been made, even in its infant stages, will be declined. You must have a policy in place in advance in order to protect yourself.

Misconception: “I have never had an EPLI claim. Why would I have one now?”

Truth: The California mandate AB 1825 and SB 1343 have increased awareness and visibility of employment related lawsuits. In light of workplace discrimination concerns and the #MeToo movement, the State of California requires all employers with more than 5 employees to conduct Sexual Harassment Prevention Training.

Misconception: “My general liability policy covers EPLI.”

Truth: General liability carriers exclude employment practices liability. If you were to file a claim they would deny coverage.

Business owners deserve a clear explanation of ways to protect themselves from insurable risk. If you would like to discuss how your business is protected, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0164.

Group Captive Insurance 101

Author, Sam Clayton, Vice President, Construction Group, Rancho Mesa Insurance Services, Inc.

The property and casualty market over the last decade has been what we consider “soft.” Overall, insurance premiums have remained relatively flat, or in the case of workers’ compensation rates have decreased considerably. However, we are seeing significant pricing pressure in commercial auto. In the next few years we expect to see the same pressure in workers compensation. One alternative risk financing strategy that you may want to consider before the coming hard market is a “Member-Owned Group Captive.”

A member-owned Group Captive is an insurance company owned and operated by captive members, strictly for the benefit of those members. This structure enables middle market companies the ability to increase their underwriting credibility through the collective purchasing power of the group. These groups can be related or homogeneous, like a trade group or association, or unrelated/heterogeneous which could be companies similar in size.

Advantages of a Group Captive

• Lower Insurance Premiums over time

• Financial Incentives for strong Loss Control

• Increased control over claims management

• Long term control of your Insurance Pricing

• Investment Income

Who should consider a Group Captive?

• Companies that have shown long term financial strength.

• Owners who are committed to safety and have strong safety programs in place.

• Loss histories that are significantly better than average in their respective industries.

• Annual insurance premiums of $150k or more for workers compensation, general liability, and commercial auto.

• Businesses that are seeking long term control over their risk financing costs.

To learn more about Captives, register for our workshop held on April 16, 2019 from 9:00 a.m. to 11:00 a.m. at the Boys & Girls Club of East County administrative offices in Santee, CA. Doug Hayden from Captive Resources, LLC will provide an informational presentation about Captives and if it is the right fit for your business.

For other insurance-related questions, please contact Rancho Mesa Insurance Services at
(619) 937-0164.

Cause of Concerns for Contractors: Implementation of Aerial Lift Standards

Author, Casey Craig, Account Executive, Construction Group, Rancho Mesa Insurance Services, Inc.

Beginning December 2019, standards for using and renting aerial lifts will drastically change, globally. As a result, contractors are concerned they will not be prepared for the changes which could lead to loss of production and fines.

Since the use of aerial lifts is becoming more frequent, the new standards were approved by the American National Standards Institution (ANSI) in an effort to align the United States and the rest of the world with having globally accepted safety standards. Canada published its standards last May and the United States is following suite with the release of the ANSI A92 .20 (equipment responsibilities), .22 (safe use), .24 (training). Further details can be found in Scaffold & Access Industry Association’s (SAIA) copy of the standards.

Moving forward, “Aerial Work Platforms” (AWP) will be referred to as “Mobile Elevating Work Platforms” (MEWP). The new standards are meant to address ongoing problems with:

• Effect of Wind on a Load

  • MEWP’s may be rated one of two ways; for interior use only or for exterior use, but those will have a maxim height limitation without consideration to the length the arm can be extended.

• Platform Capacity

  • The new equipment will automatically shut off if it exceeds the specified weight limit. Thus, in some cases, it may be necessary to use two lifts to do a job safely.

• Chassis Tilt  

  • Understanding the terrain where the lift will be working will be vital. Most equipment has been rated for firm or level ground, but new machinery will also take into account the tilt of the machine and will shut off if it is unsafe.  

Manufacturers are already taking heed and changing their product designs to accommodate the new requirements. Aside from the changes to the machinery, contractors will need to evaluate who is trained to operate the MEWPs. 

• Operators will need to be trained in how to use the machinery and walk their job sites to look for problems before using the lift.

• Supervisors must know how the machine works, its functionality, how much it weighs and how much weight it can handle, so that they are not relaying poor information to the operator.

• Additionally an occupant riding in an aerial lift (i.e., MEWP) must have a general understanding of how the machine works so if there is a problem they can safely get back down.

Previously, operators were only required to know how high the lift being used would need to go. As of December 2019, the operator will also need to know the terrain where the aerial lift will be operated, the load weight, and the lift’s reach under load for the job. When renting equipment it is likely the rental industry will issue a supplemental application to pre-qualify each job.

Machines built before the new standards will be grandfathered in and will not have to be updated. However, this could cause issues for contractors if they work on job sites that require the most current safety specifications. This could limit the use of older machinery.

While these standards will not take effect until December of this year, there is still a lot to be learned and will require proactive planning by all contractors to insure compliance. There are still many unanswered questions including exactly how involved OSHA will be in enforcing these new rules. Rancho Mesa will be providing updates regularly to assist you through these changes. 

For additional information, please contact Rancho Mesa Insurance Services, Inc. at (619) 438-6900.

Optimizing Risk Management While Reducing Gaps in Coverage

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

Working within the construction unit at Rancho Mesa for over 15 years, I have developed strong long-term business relationships with my clients. As an insurance advisor, I have an obligation to insulate clients from exposures and liabilities. Many of which may remain the same from year to year. However, it is vital that business owners meet with their insurance advisor frequently, especially prior to an insurance renewal, to avoid potential gaps in coverage.  Below are a few key topics that should be reviewed on a regular basis by a company’s insurance advisor. 

Review and Discuss Business Operations

It’s always a good business practice to have the insurance advisor review the business’s operations to see if there have been any changes that could affect its risk profile.  For example, I once had a client in the construction industry that specialized in commercial tenant improvement work. The company wanted to start a residential construction division. By understanding this change before it actually took place it provided us the time to adequately access the differences in the insurance exposures between the commercial and residential marketplace.  As a result, we were able to proactively and affordably place their coverage with an insurance carrier that was comfortable with both exposures.

Review Financial Projections

With the economy fluctuating year to year, it is vital that you meet with your insurance advisor and go over your financial projections for the coming policy term.  These items should include projected; annual sales, payrolls, subcontract costs and any changes in your surety requirements. These factors will help in not only negotiating the most favorable renewal terms for you but help to avoid any unforeseen expenses like a large final audit

Discuss Business Assets

Businesses routinely buy, sell, and upgrade their tools, equipment, and vehicles. While most are conditioned to notify their insurance advisor of any changes, it is always a good business practice to review assets with the insurance advisor at each pre-renewal meeting. It is common that there are items that were either sold (that need to be removed) or new (that need to be added to policies). By reviewing the assets on a regular basis, it minimizes the chance that items are missed and you either are paying premium on an item you no longer have or have an uninsured loss.

Discuss and Revisit Recommended Coverages

Recommended coverages may include an Umbrella, Pollution Liability, Professional Liability, Employment Practices Liability, and Cyber Liability policies. Even if you have discussed these coverages in the past with your insurance advisor and have declined them, they should not assume you will do so again in the future. The business climate is constantly changing; therefore, so are the risks you are facing.  Understanding where you have gaps  in your risk management profile and making informed decisions to either transfer the risk to an insurance carrier (purchase insurance) or retain the risk yourself (don’t purchase insurance) is always a Best Practices standard.

If you would like to discuss and learn more about Rancho Mesa’s proprietary risk management tools and explore our help in developing a Risk Management program based on your specific business needs, you can reach out to me at 619-937-0174.

Ensuring CA Sexual Harassment and Abusive Conduct Training is SB 1343 Compliant

Editor’s Note: This article was originally published on February 7, 2019 and has been updated for accuracy on September 12, 2019.

Author, Alyssa Burley, Client Services Coordinator, Rancho Mesa Insurance Services, Inc.

In September 2018, former California Governor Jerry Brown approved Senate Bill 1343 (SB 1343) which expanded the requirements for Sexual Harassment and Abusive Conduct Prevention training within California workplaces.

“An employer who employs 5 or more employees, including temporary or seasonal employees, [is required] to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified,” according to SB 1343. 

On August 30, 2019, approved Senate Bill 778 extends the training deadline set in Senate Bill 1343 from January 1, 2020 to January 1, 2021. The changes made by SB 778 not only extends the due date to January 1, 2021, but also addresses concerns about supervisory employees and clarifies when temporary workers must be trained. Read about these changes here.

Ensuring the Training is in Compliance

In order for the Sexual Harassment and Abusive Conduct Prevention training to be compliant, it must meet the following requirements. The training must:

• Be administered in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

• Be conducted by an eligible trainer:

  • Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;

  • Human resource professionals or harassment prevention consultants with at least two years of practical experience in:

    • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;

    • Responding to sexual harassment or other discrimination complaints;

    • Investigating sexual harassment complaints; or

    • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.

  • Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.

• Explain the following topics:

  • The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;

  • The statutes and case-law prohibiting and preventing sexual harassment;

  • The types of conduct that can be sexual harassment;

  • The remedies available for victims of sexual harassment;

  • Strategies to prevent sexual harassment;

  • Supervisors’ obligation to report harassment;

  • Practical examples of harassment;

  • The limited confidentiality of the complaint process;

  • Resources for victims of sexual harassment, including to whom they should report it;

  • How employers must correct harassing behavior;

  • What to do if a supervisor is personally accused of harassment;

  • The elements of an effective anti-harassment policy and how to use it;

  • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).

  • Discuss harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.

• Include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

SB 1343 compliant trainings will be made available later this year via the California Department of Fair Employment and Housing (DFEH) website. However, employers can hire eligible qualified trainers to conduct the trainings at their convenience.

The DFEH has made available a sexual harassment and abusive conduct prevention toolkit, that includes a sample Sexual Harassment and Abusive Conduct Prevention training, certificate of completion and other resources for employers to use in conjunction with an eligible trainer.

Other training options include the online Anti-Harassment training Rancho Mesa offers to all of its clients’ supervisors and employees throughout the country in response to California’s Senate Bill 1343 (SB 1343) and Senate Bill 1300 (SB 1300).

For questions about this training requirement or to learn how to enroll your supervisors and employees, register for the “How to Enroll Supervisors and Employees in the Online Anti-Harassment Training” webinar or contact Rancho Mesa’s Client Services Department at (619) 438-6869.

Rancho Mesa Insurance will continue to monitor training options as they become available.

How Accurate Work-in-Progress Schedules Can Positively Affect Your Bond Program

Author, Matt Gaynor, Director of Surety, Rancho Mesa Insurance Services, Inc.

When meeting with new contractors looking to qualify for increased bonding capacity, one of the first items generally discussed is the work-in-progress (WIP) schedule. Understandably, the balance sheet and profit & loss statement get the most attention when compiling financial information for the bond company, but the WIP, whether on a quarterly or six month basis, allows the bond company to gauge how well the contractor has estimated their projects and how conservative they have been on a project’s profitability. Preparation of an accurate work in progress schedule is the only way to gauge the true profitability of the company.

The WIP or status of contracts schedule is used to track the progress of contractors’ projects from start to finish. The schedule discloses the details of each contract’s percentage of completion, and profitability to date in the current reporting period.

The major components of the WIP include:

1. The Contract Amount (which may go up and down throughout the contract based on change orders).

2. The Costs Incurred to Date (we recommend to charge as many costs back to the project as possible).

3. Total Estimated Costs (should be updated on a timely basis).

4. Billed to Date (billing the project on schedule).

The accuracy of the WIP schedule is extremely important since the bond company will provide capacity to the contractor based on profit to date for each project. The bond underwriter will track the projects over a certain period to determine if profits typically close higher or lower than the original estimate. For example, let’s look at a contractor who initially estimates his projects at 15% profit when they start up, yet historically closes them out at 20% at completion. If the contractor anticipates a $100,000 profit on a project and the work is 50% complete, the bond company may provide an additional $500,000 of capacity on that $50,000 profit (10% case) even though the project has not been closed out. 

On the reverse side, a bond company will have major concerns when they review a WIP schedule from a contractor that typically closes out projects at less than the original estimate.

If you would like a better understanding of how the work-in-progress schedule affects your Bond Program, please contact Rancho Mesa Insurance Services, Inc. at (619) 937-0165 to discuss ways to maximize your bond capacity.