GUIDE TO HELP CONSUMERS PREPARE FOR NATURAL DISASTERS

TALLAHASSEE-Hurricanes, floods, wildfires, tornadoes and other natural disasters are facts of life for Florida residents. But while these events are largely beyond our control, there are actions we can take to prepare for, react to and recover from them.

To help insurance consumers accomplish these goals, the Florida Department of Insurance has released the new "Natural Disasters: Your Guide to Insurance Preparation and Recovery." The pamphlet, produced by the department's Division of Consumer Services, includes steps to take before and after natural disasters, outlines various forms of coverage available and explains how to obtain assistance after a disaster strikes. It also includes a handy wallet-sized card so policyholders can always keep vital information within arm's reach.

Other guides available to consumers include: Automobile Insurance (also available in Spanish), Life and Annuities, Small-Business Owner's Insurance, Insuring Your Home, Health Maintenance Organization, Options for Long-Term Care and Medicare Supplement. Each guide contains basic information, definitions of common terms and tips on selecting an insurance agent and company. Additionally, the guides detail Floridians' rights and responsibilities as insurance consumer.

Consumers may obtain a guide by calling the Florida Department of Insurance Consumer Helpline toll-free at 1-800-342-2762. Internet users may download the guides from the department's web site. Log on to and follow the prompts to Consumer Services.

Source: State of Florida Department of Insurance

DEPARTMENT ANNOUNCES THAT WORKERS' COMPENSATION RATE LEVEL WILL NOT INCREASE

Superintendent Gregory V. Serio today announced that there will be no overall increase for workers' compensation rates in the coming year. Combined with a decrease in the assessment, the net effect will be an overall reduction of 1.8% in workers' compensation rates. Since 1995, New York State has seen an overall reduction of 32% percent the 7th consecutive year that New Yorkers have been spared workers' compensation rate increases.

Workers' Compensation Rate Decreases

"The Department's decision to keep stable workers' compensation rates for this year provides for the continued restoration of the worker's compensation system which means more and better jobs for New Yorkers and ensures New York's strong economic vitality," added Serio.

Source: New York State Insurance Department

The State of Minnesota has issued filing procedures and forms for workers compensation claims made in Minnesota. This bulletin contains the filing procedures and forms that should be utilized to expedite the review of workers' compensation filings made in Minnesota. The purpose of this bulletin is to assist workers' compensation insurers in meeting the filing requirements set forth in Minnesota Statutes and Minnesota Rules, and to provide insurers with additional information that will assist the department in expediting the review process. It supersedes Bulletins 98-2, 99-3, and 2000-1. Any enforcement action or filing disapprovals will be based on a case-by-case analysis in accordance with applicable Minnesota statutes and administrative rules.

Source: State of Minnesota Insurance Department

Three bills introduced by the Insurance Division have been approved by both houses of the 2001 Oregon Legislative Assembly. The measures facilitate interstate licensing of insurance agents, respond to federal financial services modernization legislation, and improve financial and solvency regulation. A fourth bill, which would have consolidated insurance company taxation, was withdrawn.

THOUSANDS OF CONSUMERS HELPED SO FAR IN 2001;

Atlanta -- In the first half of 2001, Insurance Commissioner John Oxendine's Consumer Services Division helped 7,900 Georgia consumers settle disputes with their insurance companies, returning $6,515,468.86 in insurance claims to these consumers, money they might not have received without this help.

"In the first six months of this year, representatives in our Consumer Services Division helped consumers and businesses retrieve $6.5 million," Oxendine said. "Many of these involved claim disputes with insurance companies where our investigators were able to secure a settlement favorable to the consumer."

Consumer Privacy and disclosure of nonpublic personal financial information In 1999, Congress enacted the Gramm-Leach-Bliley Act (GLBA), in part to require state insurance authorities to adopt requirements on privacy and disclosure of nonpublic personal financial information applicable to the insurance industry. Since states have to adopt privacy requirements for insurance companies, the National Association of Insurance Commissioners (NAIC) developed and adopted a model privacy regulation in an effort to aid states in adopting consistent privacy requirements for insurance companies. Legislation enacted by the 77th Texas Legislature, S.B. 712 requires insurers and other entities regulated by the Texas Department of Insurance (the Department) to comply with requirements of GLBA and requires the Commissioner to adopt rules consistent with the federal requirements, based on the NAIC privacy model for GLBA. SB 11 provides the Texas Department of Insurance the authority to promulgate medical privacy rules for the insurance industry operating in Texas.

National Safety Council Offers ANSI A10.8 Safety Requirements for Scaffolding

Itasca, IL - The National Safety Council has released for sale ANSI A10.8, Safety Requirements for Scaffolding. This standard establishes safety requirements for the construction, operation, maintenance, and use of scaffolds used in the construction, alteration, demolition and maintenance of buildings and structures. The Accredited Standards Committee on Safety in Construction and Demolition Operations, A10, developed this standard, accredited by the American National Standards Institute.

ANSI A10.8 Safety Requirements for Scaffolding, approved on January 30, 2001, does not cover permanently installed suspended scaffold systems or aerial platforms. ANSI A10.8 is one in a series of safety standards developed by the Accredited Standards Committee A10. The purpose of the standards in the A10 series is to serve as guides for contractors, labor, and equipment manufacturers in construction and demolition industries. ANSI A10.8 Safety Requirements for Scaffolding is available from the National Safety Council. This standard and other A10 standards can be obtained by logging onto the NSC product page or calling 1-800-621-7619.

The National Safety Council is a not-for-profit, nongovernmental, international public service organization dedicated to protecting life and promoting health. The NSC estimates that 4.2 million lives have been saved through improved safety practices since the Council was established in 1913.

Source: National Safety Council

Steel Erection Standard to take Effect in 2002

The Occupational Safety and Health Administration today announced that its final steel erection standard will go into effect January 18, 2002. The original effective date was to be July 18, 2001.

"This is the first OSHA safety standard developed under the negotiated rulemaking process and it's important that we continue to work cooperatively in order to protect the safety of America's iron workers," said Acting OSHA Administrator R. Davis Layne. "The revised effective date allows additional time for the Agency to conduct outreach activities and affords the industry sufficient time to adjust to the new requirements."

The new effective date gives additional time to the industry to become familiar with the new requirements and to provide training to employees in the construction industry. OSHA is also preparing outreach and training material to assist industry in the training process.

The additional six months will also allow employers time to make the necessary changes to avoid costly re-fabrication of already made components and avoid serious delays to projects that would affect all trades involved in the construction process. Components are typically fabricated 2 or 3 months prior to being erected.

OSHA will not apply the component requirements of the new standard to the following two situations: (1) to components used in steel erection projects where the building permit was obtained before the final rule was published (January 18, 2001); and (2) to components used in steel erection projects in which the steel erection work has begun before September 16, 2001.

OSHA's new rule on steel erection, developed in concert with industry and union groups, is expected to prevent 30 fatalities and 1,142 injuries annually and save employers nearly $40 million a year.

The standard enhances protections provided to iron workers by addressing the hazards that have been identified as the major causes of injuries and fatalities in the steel erection industry. These are hazards associated with working under loads; hoisting, landing and placing decking; column stability; double connections; landing and placing steel joints; and falls to lower levels.

Source: Federal OSHA

WASHINGTON -- Secretary of Labor Elaine L. Chao announced today that an Occupational Safety and Health Administration (OSHA) rule on record keeping would largely go into effect as scheduled on January 1, 2002.

"This rule is a big step forward in making workplaces safer for employees, which is our goal," Chao said. "It is written in plain language and simplifies the employer's decision-making process."

The final recordkeeping rule is the culmination of an effort that began in the 1980s to improve how the government tracks occupational injuries and illnesses. The rule increases employee involvement, creates simpler forms and gives employers more flexibility to use computers to meet OSHA regulatory requirements.

The Department will seek comment on two proposed modifications to the rule's record keeping requirements. First, the Department will propose that the criteria for recording work-related hearing loss not be implemented for one year pending further investigation into the level of hearing loss that should be recorded as a "significant" health condition. The Department had received comments pointing out that the medical community and State worker compensation systems do not support the current rule's hearing loss standard.

Second, the Department will propose to delay for one year the record keeping rule's definition of "musculoskeletal disorder" (MSD) and the requirement that employers check the MSD column on the OSHA Log. The Department has announced its intention to develop a comprehensive plan to address ergonomic hazards and has scheduled a series on ergonomics. The issues to be decided as a result of these forums include the appropriate definitions of the terms "ergonomic injury" and MSD.

Source: Federal OSHA

Replacement Tire Report Sent to House Committee

The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) announced today that it has completed its review of 11 different models/sizes of tires that were designated by Ford Motor Company as replacements for Firestone Wilderness AT tires on Ford vehicles.

The manufacturer has made numerous design and production changes to these tires since they entered production in April 1995. It asserts that several of these changes had the effect of reducing the likelihood of a tread separation, particularly after certain modifications were implemented in July 1998. The claims rates for tires manufactured after these modifications are extremely low, and there have not been any injury-producing crashes attributed to those tires.

Nevertheless, to assure that relevant information is not missed, NHTSA's investigation will consider the safety performance of the entire population of these tires, rather than only those produced prior to those design changes.

Source: Department of Transportation

NHTSA Reports on Major Survey Of Cell Phone Use by Drivers

At any given time, an estimated 3 percent of those driving passenger vehicles on America's roadways are talking on hand-held cell phones, according to results of a groundbreaking survey conducted by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA).

In its newly released research report, NHTSA estimates that 500,000 drivers of passenger vehicles (cars, vans, sport utility vehicles and pickups) are talking on hand-held cell phones during any given daytime moment throughout the week. The report is based on an observational survey of drivers conducted in 50 geographic areas.

The research represents the first observational study by NHTSA of active cell phone use by drivers. NHTSA data collectors observed more than 12,000 vehicles between 8 a.m. and 6 p.m. every day of the week during a period spanning October and November of 2000. Data were collected at 640 intersections.

The research covers use rates for hand-held cell phones, not the "hands free" types now used by some drivers. It also does not attempt to assess the contribution of cell phone use to traffic crashes, though NHTSA data indicate that some form of driver distraction is a contributing factor in 20 to 30 percent of all crashes.

The highest use rate observed during the survey (8 percent) was by drivers of vans and SUVs during non-rush hours. Use rates by drivers of all types of passenger vehicles were almost twice as high during non-rush hours as during rush hours

Source: Department of Transportation