Product liability refers to the legal liability of manufacturers or sellers to compensate buyers, users and even bystanders for damages or injuries suffered because of defects in goods purchased. This report provides an introduction to the basic concepts of product liability law, including the historical development of the law; common elements of product liability claims; theories of law on which these claims are based; types of product defects; persons involved in product liability lawsuits; damages available; and defenses to liability.

Product liability is a term used to describe the legal liability of manufacturers or sellers of goods to compensate buyers, users and even bystanders for damages or injuries suffered because of defects in goods purchased. Product liability law is the area of law governing product liability litigation.

A typical product liability case will involve a claim for damages against the manufacturer or seller of a product by a person injured by a product. The injured party, or plaintiff, will seek to prove that the injury was caused by some deficiency in the way that the product was made or marketed (i.e., that the product was defective).

Product liability law is a type of private law that is concerned with the definition, regulation, and enforcement of rights among private individuals, associations and corporations. It is different from public law, which is concerned with the determination of rights between private individuals and their respective governments.

Products liability is civil law. This is law that is concerned with the rights of individual parties to seek redress for alleged harms, as opposed to criminal law, which is concerned with the rights of society to regulate the conduct of its citizens. This is important because there are different rules of procedure and substantive law that apply to each field of law. One important distinction is the standard of proof for civil law cases is generally “proof by a preponderance of evidence,” which can be roughly translated as “more likely than not.” This is an easier standard to meet than the criminal law standard of “proof beyond a reasonable doubt.”

Legal bases for product liability law

The law of product liability is derived from both tort law and contract law. In addition, many state legislatures have enacted product liability statutes that define the scope of products liability within the state. Currently, there is no uniform federal products liability law.

Tort law

Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.

Tort law is state law that is created through judges (i.e., common law) and by legislatures (i.e., statutory law). Many judges and states utilize the Restatement of Torts (2nd) as an influential guide. Restatements are publications prepared by a private legal organization, the American Law Institute (ALI), whose aim is to present an orderly statement of the general law of the United States. Each restatement consists of individually designated sections along with notes and comments of the persons who developed the document, called reporters notes and comments. One widely cited section of the Restatement (2nd) is Section 402A that defines the concepts of strict product liability in tort.

In 1997, the ALI published the Restatement of Torts (3rd): Product Liability, which focuses solely on product liability-related aspects of tort law. The “Third Restatement,” as it is commonly known, contained significant revisions to the legal concepts of product liability. Courts have slowly begun to adopt many of its concepts.

Contract law

Contract law is concerned with regulating agreements made between parties. It includes ways of defining the rights of product buyers and sellers. Like tort law, contract law is based on state law.

A subset of contract law is the law of sales, which is concerned with regulating commercial transactions. To allow the orderly sale of goods between persons in different states, all states except Louisiana have adopted the Uniform Commercial Code (UCC) into their state laws. The UCC is a model law that was developed by a private organization, the Uniform Code Congress, to align divergent state laws. Because the UCC is a model law, states have the authority to make changes to the law as they see fit.

Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. In it, the most important products liability sections are the implied and express warranties of merchantability in the sales of goods, §§ 2-314 and 2-315.

State product liability statutes

Product liability is a state matter. Many states have enacted legislation to address product liability. This legislation may address specific issues, such as statutes of limitation or repose, or comprehensively address product liability actions within the state. There may also be numerous other state statutes, such as general tort statutes concerning joint and several liability, limitations on non-economic damages, or fault schemes.

Federal law

There is no federal product liability law, although federal laws may be relevant in product liability litigation. In 1979, the U.S. Department of Commerce proposed a model uniform product liability law. The purpose of this law was to provide a template that state legislatures could use to pass their own state product liability laws.

Historical background

The idea that manufacturers should be held responsible for damages or injuries suffered because of defects in their products is not a recent concept. The Code of Hammurabi, published circa 2200 B.C., contained an organized scheme for providing recourse to people injured by defective products.

The law of products liability has evolved since Hammurabi. Three important stages in the evolution of modern product liability law include the rejection of the doctrine of caveat emptor, the erosion of the doctrine of privity and the advent of strict product liability in tort.

Caveat emptor

During the 17th and 18th centuries in Europe, the prevailing legal theory of product liability was the concept of caveat emptor, a Latin phrase for “let the buyer beware.” Under this rule, the purchaser was responsible for examining, judging and testing goods for sale to make sure that they were as described and could protect themselves by requiring the seller to provide an express warranty that the quality or condition of the goods would be the same as the sample provided. Absent this warranty, the seller was under no legal obligation to warrant the quality of his goods. This theory was adopted in the United States in the early 19th century and persisted in many states into the early 20th century.

Privity of contract

An important concept in early product liability law was the doctrine of privity of contract. Under this doctrine, an injured person could only bring a legal action against a product manufacturer or seller for their injuries if they were in a direct contractual relationship with the manufacturer or seller. So, a person who bought a product through a retailer had a claim against the retailer, but not against the product manufacturer since they had a direct relationship with the retailer but not the manufacturer. Further, a passenger or bystander injured because of a product had no recourse against either the retailer or the manufacturer since they were not in a contractual relationship with either party. The erosion of the privity requirement in product liability actions is one of the most important developments of product liability law, and the New York Court of Appeals’ effective abolishment of this defense in the case of MacPherson v. Buick Motor Co., 217 N.Y. 382 (1916) is widely seen as the start of “modern” product liability law. The privity defense was later abandoned for express warranty cases (Baxter v. Ford Motor Co. 168 Wash. 456 [1932]), and for implied warranty cases (Henningsen v. Bloomfield Motors, Inc. 32 NJ 358 [1960])

Strict product liability

The adoption of strict liability in tort for product liability by the California Supreme Court (Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57 [1963]) is the most important development of modern product liability law. This theory of liability makes the product manufacture and seller responsible for all defective products that unreasonably threaten the personal safety of a consumer or the consumer’s property, without regards to fault. Almost every state has since adopted some form of this liability, either by judicial decision or statute, and it is the dominant theory of product liability law.

Common elements of PL claims

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury. As such, a plaintiff may allege several different theories in his lawsuit to take advantage of the differences in proof required for each claim.

Definition of product

For the law of products liability to apply, the claim must involve a product. Products are typically thought of as discrete, tangible pieces of personal property that are moveable at the time of sale (e.g., a tool or an article of clothing). However, some courts have taken an by physical labor or intellectual effort. As such, courts have determined that intangible items, such as electricity delivered to a customer, may be considered products for the purposes of products liability, as well as animals, real estate and writings.

Product defect

A plaintiff must prove that a product is defective in order to recover damages against a product manufacturer or seller. It is universally recognized that a manufacturer is not an insurer against all risks of injury associated with a product and will not be liable for injuries caused by a properly functioning product.

In a broad sense, a defect is an imperfection that renders a product unsafe for its intended use. This defect can be associated with the product itself, or with the product’s packaging, labeling, display or advertising. A product is not defective if it performs as intended or is safe for normal handling and consumption.

Types of defects

Most product defect claims fall into one of three categories: manufacturing defects, design defects, or communication defects.

Manufacturing defects may arise when errors in production cause a product not to meet its intended design specifications. The errors may affect a single product or, in the case of mass- produced products, an entire production run.

Design defects exist when a whole class of products is inadequately planned in such a way as to pose unreasonable hazards to consumers. Products with design defects may be built in exact conformance to their production specifications; however, the design is flawed.

Communication defects can occur in products that are otherwise not defective. They occur because the manufacturer fails to provide instructions on the safe use of the product or warnings about concealed hazards, or makes improper claims about the quality or performance of the product.

Time of defect

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties’ mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

There is no immediate presumption that a product, which was defective at the time of an accident, was defective when it left the control of the manufacturer or seller. Plaintiff may have to show that defect was not due to improper intermediate handling. Lapse of time in itself is not a bar to recovery. Plaintiff may have to negate an inference of intervening causes of defect, such as mishandling or damage after delivery. Long or continued use of the product before the injury is an important factor, but not conclusive evidence that the defect did not exist at the time of sale.

Tests for defectiveness

Courts use several different tests for proving whether a product is defective. The two principle tests for defectiveness are the consumer expectation test and the risk-utility test.

The consumer expectations test is the historical standard used to determine whether a product is defective. Under the consumer expectation test, a product is determined to be defective if it is “dangerous to the extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.” The test sets an objective standard for determining defect (e.g., it is based on the expectations of the “ordinary consumer” who has the “ordinary knowledge of the community”).

Under the risk-utility test, courts balance the cost of making a product safer against the risk of injuries present if the safety measures are not implemented. If the cost of safety is determined to be less than the cost of injury, then the benefit of making the product safer outweighs the risk and the product is determined to be defective. Conversely, if the risk is minimal compared to the cost of changing the product, then the product is deemed not to be defective.

Causation

Proximate cause is commonly defined as “that cause, which, in a natural and continuous sequence, unbroken by any efficient, intervening cause produces the injury, and without which the result would not have occurred.” The alleged cause does not have to be the sole cause of injury. Two components to causation are: cause in fact and legal cause.

Cause in fact

There are two basic rules used by courts for determining whether a product was the cause in fact of an injury: the “but for” (sine qua non) test and “substantial factor” test. To apply the “but for” test, the trier of fact will assess whether the injury would not have occurred “but for” the conduct of the defendant. To apply the substantial factor test, the trier of fact will evaluate whether negligent act was a substantial factor in bringing about the harm.

Legal cause

Legal cause evaluates whether the defendant should be held legally responsible as a matter of public policy. It must be socially and economically desirable to hold the wrongdoer liable for the injury.

Parties

In general, there are three categories of persons who may serve as plaintiffs in product liability actions. These are injured product purchasers, non-purchasing users and bystanders. The type of persons that are suitable plaintiffs has expanded as product liability theories have shifted from claims based in negligence and warranty to claims involving strict liability.

Historically, privity limited the types of persons and business entities that could be defendants in product liability action to only those parties in direct relationships with the injured person. Thus, actions could not be sustained against entities involved in the manufacture and sale of the product, but who were remote from the injured person. This requirement has been abolished in virtually all jurisdictions and now any entity involved in the manufacture and sale of a product may become a defendant in a product liability action, subject to some general limitations.

Manufacturers are the most common defendants in product liability actions. Other persons who may be liable for product liability include:

• Product designers
• Component manufacturers
• Suppliers of materials
• Distributors & wholesalers
• Retailers
• Trademark licensors
• Used product sellers
• State and federal governments

The scope of the liability for these parties will vary depending upon the legal theory under which the lawsuit is brought.

Theories of liability

There are four principal theories that underlie product liability lawsuits. They are:

• Negligence
• Breach of warranties
• Strict liability in tort
• Misrepresentation

These theories are not mutually exclusive; a plaintiff can bring one or more in the same lawsuit. The theories are summarized below.

Negligence

Negligence may be defined as conduct failing below the standard established by law for the protection of others against unreasonable risk of harm. In terms of product liability, a product manufacturer or seller is negligent if it acts, or fails to act, in such a way as to create an unreasonable risk of harm or loss to the user of the product. Actions will differ for the various entities involved in making and selling the product. Risk of harm may be created because the product was deficiently designed, mis-manufactured, or sold with inadequate warnings or instructions for safe use. The entity committing the negligent act may be liable for injuries and damages caused as a result of that negligence. Most product liability cases are based upon theories of negligence.

Breach of warranty

Breach of warranty refers to the failure of a product seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of product. Product liability claims for breach of warranty are based upon the product seller’s failure to honor his/her promise. Warranty claims may be based upon state or federal law.

Express warranty

An express warranty is an assertion of fact or a promise made about the quality, performance, construction, or durability of a product that induces a buyer to purchase it. This warranty may be created in writing, orally, or through the provision of physical representations, such as product samples.

Implied warranties

Implied warranties arise out of the sales trans- action by operation of law. The two types of warranties that are important to product liability are the implied warrant of merchantability and the implied warranty of fitness for a particular purpose. An implied warranty of merchantability is a promise that the product sold is in proper condition and is reasonably suited for the purpose to which it was manufactured. An implied warranty of fitness for a particular purpose is a special warranty that applies when the consumer relies on the seller’s advice that a particular product can be used for a particular purpose.

Strict liability in tort

The strict liability doctrine imposes liability on the seller of a defective product without requiring that the injured party prove fault. The rule was established to hold the seller or manufacturer of a product liable for product-related injuries for which it would be difficult or impossible to recover under a breach of warranty or negligence theory. The doctrine has been recognized by an overwhelming majority of jurisdictions. Currently, it is the most important theory in product liability.

Misrepresentation

Manufacturers and product sellers have a duty to provide true and accurate information about their products in their advertising and sales. The innocent, negligent, or intentional misrepresentation about the quality of a product may support a cause of action if the hearer of the statement relied on the statement and was injured.

Defenses

In a product liability lawsuit, product manufacturers or sellers being sued may defend themselves two basic ways. They may directly refute the facts and arguments made by the person who commenced the lawsuit; for example, by proving that they did not manufacture or sell the allegedly defective product, that the product was not defective, or that the product defect was not the proximate cause of the plaintiff’s injuries. The defendant may also raise additional facts and arguments, which, if true, might defeat or mitigate the plaintiff’s claim, even if everything in the plaintiff’s claim was true; for example, by showing that the person caused their own injury by using the product in a manifestly unreasonable or unexpected manner. This second type of defense is commonly called an affirmative defense.

Types of defenses

In general, product liability defenses can be grouped into statutory defenses, conduct defenses, and contract defenses. Other defenses commonly raised in product liability actions include compliance with government and industry standards, unusually susceptible consumers, sealed containers, and contract specification defenses.

Statutory defenses

State laws may provide defenses to product liability claims. These defenses may be included in general statutes applicable to all types of tort and contract claims, or they may be contained in state product liability statutes and apply solely to products liability actions. Common types of statutory defenses include statutes of limitation and statutes of repose.

Conduct defenses

The conduct of the product user or a third party may be relevant for determining whether the product was the proximate cause of the plaintiff’s injury. The conduct of the manufacturer may be relevant for determining the level of care they followed in producing the product. Conduct-based defenses include contributory negligence, comparative negligence, assumption of risk, and misuse.

Contract defenses

Manufacturers may incorporate defenses to product liability in their contracts. The primary contract defenses are requiring prompt notice of breach, disclaimers of warranties, and limitations on remedies available in the event of a breach. These defenses have all been discarded in actions seeking recovery for a consumer’s injuries and are typically used only in transactions between commercial parties.

Availability of defenses

The type of defenses that will be available will depend upon the location of the lawsuit and the facts of the case. Defenses may arise from common law (i.e., from prior legal decisions) and statute. Because of this, different jurisdictions may allow different defenses or may modify traditional defenses to meet local needs. There are different defenses available for defending contract and tort claims.

In addition, the conduct of the parties may waive or create defenses for the specific transaction. For further information on available defenses, see Product Liability Defenses on The Hanover’s Risk Solution Website.

Damages

Damages are monetary compensation awarded by a court in a civil lawsuit to an individual

Who has been injured by the wrongful conduct of another? Damages attempt to measure, in financial terms, the extent of the harm a plaintiff suffered because of the defendant’s action.

They are the main remedy awarded in product liability lawsuits.

The following section summarizes the main types of damages.

Compensatory damages

Compensatory or actual damages are damages that are awarded to compensate an injured party for all the direct and natural consequences of the defendant’s wrongful act. They may be provided for both losses caused directly or immediately from the wrongful conduct (i.e., direct losses) and for other losses that occur as a result of the act (i.e., consequential damages). Compensatory damages represent an attempt to put the injured party back in the same, or an equivalent, position that he or she was in prior to the loss. Types of compensatory damages awarded in product liability include lost earnings, destroyed property, medical expenses, physical impairment, disfigurement, loss of enjoyment Of life, emotional distress, and loss of consortium. Most damages in product liability are compensatory.

Punitive damages

Punitive or exemplary damages are damages on an increased scale that are awarded to an injured party over and beyond the actual damages they incurred. There are two fundamental purposes of this type of damages. They are to punish the wrongdoer and to deter the wrongdoer and others from acting similarly in the future. Most jurisdictions permit punitive damages only in cases where the wrongdoer’s action is particularly reprehensible, such as when the doer intended to cause the harm, or when the doer knew or should have known that their action would cause the harm, but ignores these facts and proceeds on with disregard for the consequences.

Economic losses

Damages in product liability cases are intended to address injuries to persons or property. In general, purely economic losses, which involve damage only to the product itself and associated business losses, such as lost profits, are not compensable injuries in product liability. Instead, these types of business losses, or “bad bargain” type claims, are covered by other areas of law, primarily the law of sales.

References

1. 63 Am Jur 2d Product Liability §§1-880 (2003).
2. Commerce Clearing House Inc. (CCH). Product Liability Reporter. Chicago, IL: CCH, 2003.
3. Owen, D., et al. Products Liability Cases and Materials. 3rd Ed. New York, NY: Foundation Press, 1996.

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you. The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC NOV 2018-344
171-1748 (12/15)

The U.S. Department of Transportation has estimated that almost half a million vehicle backing accidents occur each year, even though virtually all of these crashes could have been prevented. The following information is intended to help drivers avoid backing accidents, through awareness of the hazards involved, and knowledge of the techniques that can be used to prevent them.

The hazards of backing up

Backing is performed so often that operators may become complacent to the special hazards involved.

The hazards of backing up include:

• Limited visibility of the area behind the vehicle
• The steering wheels are no longer the lead wheels
• Steering response can be quick and exaggerated
• Moving the steering wheel while backing provides an opposite vehicle reaction, as compared to when traveling forward
• Vehicle and trailer combinations can be more difficult to maneuver in reverse

Tips on backing

The best way to avoid backing hazards is to avoid backing up altogether. Maneuver the vehicle so that it does not have to be backed in or out. If that’s not possible, operators should consider the following:

• Scrutinize the area behind and around the vehicle. Make sure that a clear view is provided.
• Safely park then exit the vehicle. Check the intended path of travel for obstructions (posts, fences, power and communication lines, utility poles, pot holes, uneven surfaces, etc.).
• If obstructions are present, check for adequate clearances (width, height, length).
• If the vehicle must be turned while backing, position the vehicle so that the turn is made on the driver’s side, allowing for a better view.
• Use a competent ground guide to assist, but remember that doing so never relieves you of the responsibility of backing up.
• If using a ground guide, have the guide stand away from the vehicle on the driver’s side, in a position with a clear view, that allows for good communication.
• The operator should frequently check both mirrors while backing, but should never rely on mirrors alone.
• Proceed slowly. Back up no farther than absolutely necessary.
• Use your horn and four-way flashers.
• If anyone or anything enters your blind spot, stop and do not move until you see him, her or it reappears.
• Make every attempt to avoid having to back into traffic.

Conclusion

Awareness is key to identifying and recognizing backing as a special hazard, requiring thought and attention to proper technique.

Operators must competently perform this essential driving task every time.

Employing proper backing procedures, and practicing when possible, will sharpen backing skills, and help to prevent backing accidents.

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you. The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC NOV 2018 08-67
171-0868 (10/13)

The purpose of this program is to protect employees from injuries due to the potential release of hazardous energy while servicing and maintaining equipment and comply with OSHA 29 CFR 1910.14 — Control of Hazardous Energy.

Scope

This program establishes requirements for hazardous energy control. It is to be used to ensure that machines and equipment as described in Attachment B are isolated from all potentially hazardous energy sources:

1. Whenever servicing or maintenance activities are in progress or when equipment guards or other safety devices are removed.
2. An employee is required to place any part of their body into an area on a machine or piece of equipment where work is actually performed upon the material being processed (point of operation) or where an associated danger zone exists during a machine operating cycle.

Responsibilities

Program coordinator

The program coordinator is designated by the employer and is responsible to oversee the implementation of this program.

Specific responsibilities include:

1. Providing Hazardous Energy Control training to employees and supervisors.
2. Maintaining a current listing of employees who have completed lockout training (Attachment A in PDF)
3. Maintaining a current listing of all equipment/machines which fall under the Hazardous Energy Control program (Attachment B in PDF). Listing is to be updated each time a change occurs.
4. Implementing and enforcing this program
5. Maintaining an adequate supply of padlocks and DANGER tags for use each time a lockout process is performed, conducting an annual inspection and review as required by section VII of this program.

Supervisors

Supervisors are responsible for the effective implementation of this program and to see that all required procedures are followed in every instance and will initiate all lockouts.

Employees

Employees are responsible for learning and following the procedures and practices developed under this program and follow the instructions of their supervisor. Employees will be designated as authorized, affected or other and will receive training based on their designation.

Basic lockout procedures

All equipment must be locked out and tagged to protect against accidental or inadvertent operation. Locks are to be applied and removed only by the authorized employee who is performing the servicing or maintenance. No one should attempt to operate locked out equipment.

Lockout devices (padlocks, hasps, etc.) with an appropriate DANGER warning tag shall be used only for energy control. Prior to the servicing or maintenance of equipment a padlock and DANGER warning tag will be obtained from the designated lockout center. Each padlock must be keyed differently with no master key or duplicate keys available.

All electrically energized equipment should be verified as zero energy state through the use of testing equipment by a qualified person.

Training

Each authorized employee must receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in this workplace, and the methods and means necessary for proper energy isolation and control of the energy source.

Each affected employee working in the area of the equipment lockout must be instructed in the purpose and use of the energy control procedure and their roles and responsibilities during lockout operations.

All other employees who do not work in areas where lockout may be used must be provided a brief overview of the lockout program so they can identify when a lockout is used.

Training in lockout should be given to all new employees as a part of their orientation. Retraining should be conducted whenever there is a change in job assignment, a change in machinery or equipment or process change that presents a new hazard or energy source.

Names of authorized employees who have received appropriate lockout training are identified on the Hazardous Energy Control Training Record (Attachment A in PDF).

Lockout instructions

Authorization

Identify the persons who are authorized to lockout the machine or equipment using this Lockout/tagout procedure

The following procedures are adapted from OSHA 1910.147 — Control of Hazardous Energy

• Step 1: The authorized employee will identify the energy source(s) that the machine or equipment uses, understand the hazards of the energy source(s), and the method(s) to control the energy before using this procedure.
• Step 2: All affected employees must be notified that the machine or equipment is to be shut down and locked out for service or maintenance. Notification will be made to all employees who may enter or be working in the area where the equipment lockout is to be initiated.
• Step 3: The machinery or equipment must be shut down using the normal stopping procedure as identified by the instructions used for the equipment.
• Step 4: The machinery or equipment must be completely isolated from its energy source(s).
• Step 5: Each employee who will be performing work on the machine or equipment must use an individual lock on the energy isolating device.
• Step 6: If any residual or stored energy is present it must be released or controlled.
• Step 7: Verify all energy sources are isolated pressing attempting to start the machine that is locked out. Ensure all start controls are returned to their off or neutral position.
• Step 8: For electrically energized equipment, a qualified person must use electrical testing equipment on the load side of the equipment being locked out to verify there is no electrical energy present.

Release from lockout/tagout

Return the machinery or equipment to its normal operating condition

• Step 1: Check the machine or equipment and the immediate area around it to make sure all nonessential items (tools/materials) have been removed and that the machine or equipment is ready to energize. Ensure all guards have been replaced including interlocks, if so equipped.
• Step 2: Make sure all employees are safely positioned away from the machine or equipment
• Step 3: Verify that the controls are in neutral or off position.
• Step 4: Remove the lockout devices and reenergize the machine or equipment.
• Step 5: Notify affected employees that the servicing or maintenance is completed and the machine or equipment is ready for use.

Periodic review

At least annually, the program coordinator or auditor must verify the effectiveness of the energy control procedures. The review must include a demonstration of the procedures and may be carried out through random audits and observations.

The program coordinator or auditor must review the Hazardous Energy Control Procedure with all authorized employees, and actually observe the employees using the Hazardous Energy Control Procedure. The review must be certified and documented by the auditor. A sample Hazardous Energy Control Lockout Program Inspection form is attached. (Attachment C in PDF).

The review is to ensure that the energy control procedures are being properly used and authorized employees can ask questions related to the procedures. Any deficiencies must be corrected immediately, either by modification of the procedure, retraining of employees, or a combination of both.

Outside contractors

Outside personnel or contractors involved in lockout of equipment or machinery that affect facility employees must inform facility management of their energy control procedures and be informed of the energy control procedures used by the facility.

Additional information

This document is designed as a sample of the requirements as found in 29 CFR 1910.147 — The control of hazardous energy (lockout/tagout). Additional information and requirements can be found at OSHA.

Download a copy of this policy and forms.

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

APR 2019-215
171-1082 (3/14)

Here is what you can do to help protect your equipment

When a transformer overheats, circuit breakers trip, or electronically controlled variable speed motor controllers drop off-line, all for no apparent reason, should you look only at the utility as the source of the problem, or should you also look at your own plant and equipment as the possible culprit? The answer may be both.

The microwave clock was blinking again, its bright LED display flashing. The power had gone off for a brief moment. Yet, plugged into the same outlet as the microwave was an old electric motor driven clock, the sweeping hands of its analog dial seeming to not miss a beat. Has this ever happened to you? How many times have you had to reset digital clocks, the VCR or DVD recorder, or the microwave oven in the last year? When a momentary power interruption occurs at home, it can be a source of irritation. When the same momentary interruption occurs in an office, a process line, or production line, the result can be a costly equipment breakdown.

What’s the problem?

A momentary power outage can occur within thousandths of a second, and may only be obvious by a very rapid blinking of lights. Years ago a momentary outage was not considered a problem because, under most conditions, it was not perceptible. At that time, the majority of electrical equipment was based upon electro-mechanical technology, a technology which rarely reacted negatively to momentary power outages. A sustained power outage is typically much more readily identifiable, since it results in a complete loss of power for a comparatively extended time period. Sustained outages have always been considered a problem, but if they occurred infrequently and could not be avoided, most people were willing to accept the inconvenience.

Compared to the older electro-mechanical technology, solid state devices provide reductions in size and weight, increases in versatility and possible reductions in both initial and maintenance costs.

However, solid state devices are very sensitive to power system fluctuations. It is this drawback that brought about the increased awareness of power system variations, a reality of life which had always been present.

Power quality — what is it?

Power quality is a term used to describe an old problem. To most people, power quality means how often the lights go out due to power interruptions. These interruptions can be caused by natural disasters (hurricanes, tornadoes, and ice storms), pole-line accidents, tree contact with power lines and other easily recognized factors. An interruption can be momentary or sustained. Historically, most calls and complaints received by electric utilities have been of the simple “lights out” variety.

Most of the older electro-mechanical equipment was robust and could handle minor changes in voltage with little or no impact on operations. Due to major technological advances several years ago in consumer electronics and commercial and industrial applications of solid state electronics, our understanding and definition of power quality has been expanded. Power system conditions included in today’s definition include harmonic distortion, voltage variations (sags and swells), voltage reductions, power interruptions (momentary and sustained) and voltage surges.

Harmonic distortion

Much of the equipment we use today, such as computers, automated process control equipment and solid state power conversion equipment, contains circuits which convert alternating current (AC) to direct current (DC). When energized, these power conversion circuits, themselves very sensitive to power fluctuations and abnormalities, create harmonics which can severely distort the power supply and cause problems for others connected to the same source.

Most circuits in the United States are designed to operate at a frequency of 60 hertz. The frequency of a harmonic current or voltage is a multiple of the original frequency. For example, in a 60 hertz system, the second harmonic would be 120 hertz; the third harmonic would be 180 hertz and so on. Harmonics add to the fundamental frequency in magnitude and can produce peak voltages greater than the line voltage. These voltages can become a problem when they exceed the design voltage of electrical devices.

It once was extremely difficult and very time consuming to identify the presence of harmonics in a power system. Most electrical measuring instruments could not respond fast enough to detect harmonics. Today, high speed analyzers are available to identify and record the frequencies present in the power system. Software and personal computers also help simplify the process of identifying each discrete frequency. With these tools, troublesome frequencies can be identified in a relatively short period of time.

Once identified, a variety of things can be done to reduce or eliminate the effects of these unwanted frequencies. For circuits generating harmonics, filtering circuits can be designed and installed. For electrical circuits which must carry additional harmonic current, neutral wires with higher current carrying capacities can be installed to minimize overheating and potential fire hazards. For transformers subjected to harmonic loads, the transformer’s load can be reduced to accommodate the additional harmonic current, a larger transformer can be installed, or a transformer designed to handle harmonic currents can be specified.

Whenever changes are planned in an electrical power system or any potentially harmonic producing equipment is to be added, it is important to investigate the susceptibility of the power system to possible harmonic distortion problems. These investigations should be made in addition to any normal power system studies done whenever changes to an electrical system are anticipated.

Voltage sags and swells

When an electric clothes dryer is started, the lights may dim for an instant and then return to normal. In an industrial plant, starting a large motor produces similar results. In both cases the line voltage momentarily decreases due to the inrush of current drawn by the heavy starting load. When a large load is removed from a circuit, the voltage may increase slightly and lights may get brighter for an instant. These events are referred to as sags and swells respectively.

Older electro-mechanical equipment could typically handle these types of changes in voltage with little or no effect on operation. The worst case might be a machine tripping off-line. Modern solid state controls are more sensitive to these voltage variations, and can be damaged by higher voltage levels or trip off-line with a minor drop in voltage. This can become serious in process applications where it either takes considerable time to restart the interrupted process, or the work in progress is lost or a product spoiled.

When these situations occur, equipment owner/operators have successfully worked with electric utilities, consulting engineers and equipment manufacturers to find a solution. The results of this team approach have typically been the development of cost effective solutions to allow solid state controlled equipment to operate normally whenever voltage sags and swells occur.

Voltage reductions

At times of extremely high power consumption, an electric utility may have to reduce the supply voltage for energy conservation purposes. This condition is called a “brownout.” In other cases, the inadvertent overloading of a transformer may cause unplanned voltage reductions. In either case, solid state equipment may not operate within its voltage rating, resulting in malfunction or failure.

In these cases it may be necessary to work with the utility to increase the size of the transformer supplying a plant, develop load management systems for a facility to prevent energizing major loads at the same time, or install an uninterruptible power supply (UPS) system to help protect sensitive loads.

Momentary interruptions

Storms can cause a tree limb to come in contact with a power line. A squirrel or large bird may come in contact with an insulator on a power line or in an electric substation. These events can cause a circuit breaker to trip in order to protect the utility equipment. After the fault is cleared the breaker that opened is able to re-close, sometimes automatically, thereby restoring power. Fault clearing and automatic re-closing typically occur in a matter of milliseconds. Electro-mechanical equipment was generally not affected by these brief outages.

However, computers and other electronically controlled equipment are extremely sensitive to even the briefest power interruption. A momentary power interruption can result in inaccurate data or incorrect signals to a process computer. The result can be an upset in a manufacturing process, a product which cannot be sold due to incorrect mixing or processing, or damage to expensive machinery. The use of a UPS system or other source of emergency power could help the process control system ride through these brief outages with no ill effects.

Sustained interruptions

Sustained interruptions can be caused by storms, accidents involving utility owned equipment, or malfunctions of utility owned equipment. These longer-term power outages can last from hours to days. Extreme examples of sustained outages include the 1965 blackout that affected a large portion of the Northeast and the major outage of 2003 that knocked out power all over the Northeastern United States and Southeastern Canada.

Critical electrical equipment that requires an orderly shutdown should be provided with emergency back-up systems such as emergency generators, batteries, or UPS systems. For example, a furnace in a steel mill requires cooling water to prevent hot metal break-out. The loss of cooling water during a power outage can spell disaster. A back-up diesel driven pump or emergency generator will allow the cooling system to continue to operate, thereby averting a serious problem.

Voltage surges

Surges in an electrical power system can be caused by lightning, utility switching operations and system faults. Surge protection is generally provided by surge arresters located either in the utility system or within the customer’s power distribution system. Power supply circuits for computers and electronically controlled equipment should be evaluated to ensure that the installed surge protectors are properly sized and applied to help protect equipment during a power disturbance.

System reliability

The fundamental quality of utility power systems throughout the world has not significantly degraded. What has changed is that today’s society is a heavy user of solid state electronics. This “power qualitysensitive” technology has accentuated imperfections in the power supply which have always existed.

The equipment of “yesteryear” may have been less sophisticated and larger than today’s solid state equivalents, but it operated very successfully in its electrical environment. It is inevitable that as older equipment is phased out, manufacturers will develop future generations of solid state equipment that are more resilient to an imperfect power supply.

Managing power quality

Problems with power quality are not, and should not remain, mysteries. Although these problems are not always easy to identify and sometimes expensive to investigate, once they are identified and resolved a very high degree of reliability can be restored to a power system.

It is important to remember that an electric utility is at least as interested in the satisfaction of its customers as are the customers themselves. To this end, they are generally willing and helpful in identifying a problem and recommending solutions. Consulting engineers and equipment manufacturers can also serve as resources, providing investigative services and expert advice on power quality problems.

©Copyright 2012 The Hartford Steam Boiler Inspection and Insurance Company. All Rights Reserved. Used with permission of The Hartford Steam Boiler Inspection and Insurance Company.

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation.  By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you.  The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC APR 2019 LC 12-406
171-0910 (1/14)

Pool and spa owners and operators play an important role in alerting your customers to the safety behaviors that could reduce pool and spa accidents. Learn more about these behaviors.

Recreational time at public swimming pools and spas is a favorite activity for children and adults around the country. Whether enjoying pool time with family or friends, exercising, playing water sports or learning to swim, everyone needs to be mindful of the potential for drowning, submersion injuries and entrapments.

Since many families spend time at public pools and spas, these visits service as a prime opportunity for owners and operators to join with the Consumer Product Safety Council (CPSC) in reminding families how to stay safe in and around the water.

By encouraging families to take extra safety steps like those outlined below, you can help reduce the number of drowning incidents and submersion injuries that occur every year in the United States.

Staying close, being alert and watching children in and around the pool

Never leave a child unattended in a pool or spa and always watch your child when they are in or near water.

• Teach children basic water safety tips.
• Keep children away from pool drains, pipes and other openings to avoid entrapments.
• Have a portable telephone close by at all times when you or your family are using a pool or spa.
• If a child is missing, look for him or her in the pool or spa first.
• Share safety instructions with family, friends and neighbors.

Learning and practicing water safety skills

• Learn how to swim and teach your child how to swim.
• Learn to perform CPR on children and adults, and update those skills regularly.
• Understand the basics of life-saving so that you can assist in a pool emergency.

Having the appropriate equipment for your pool or spa

Install a four-foot or taller fence around the perimeter of the pool and spa and use self-closing and self-latching gates; ask your neighbors and community groups to do the same at all residential and public pools.

• If your house serves as a fourth side of a fence around a pool, install door and window alarms and always use them.
• Install pool and gate alarms to alert you when children go near the water.
• Ensure any pool and spa you use has compliant drain covers, and ask if you do not know.
• Maintain pool and spa covers in good working order.
• Consider using a surface wave or underwater alarm.
• Have life-saving equipment such as life rings and reaching poles available for use.

Related links

For more information, see the CPSC’s pool safety site at poolsafety.gov.

 

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you. The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC JAN 2019 12-148
171-0969 (2/14)

Do you allow personal use of your company owned/leased vehicles to employees for their use during or after hours?  This is a common benefit companies will offer to attract and maintain valuable staff; however, it’s important to understand and control the added exposures this creates for your business.  The types of use permitted, restraint requirements, authorized drivers, and the radius of permitted personal use are just some of the considerations a company should outline in their related policies. 

If family members of your employee, such as their spouse, are permitted to drive the company owned vehicle, policies should ensure these permitted family members are approved and vetted using the same driver screening procedures utilized for all staff upon hire and at a minimum annually thereafter.  Family members authorized to drive company-owned vehicles should be required to read and sign your organization’s safe driver policies, including a commitment to remain distraction-free while driving and report all motor vehicle moving violations to your management team. 

Personal miles driven and related tax implications should be discussed with your legal counsel and tax advisor.  Polices should also include collision reporting requirements immediately following the collision or as soon as reasonably possible.  All vehicles should be equipped with appropriate accident reporting and insurance documentation kits. 

Policies should address where the vehicle will be parked (off-street parking requirements) when not in use at the employee’s residence to mitigate theft and struck-while-parked collisions.  Fueling controls, passenger considerations, and appropriate usage including the possible towing of trailers or securing transported items on the roof are also important items to consider within your policies.     

For additional information on this subject and other elements of an effective fleet safety program please visit our Hanover Risk Solutions website and have your management team view Hanover’s Organizational Fleet Safety Program found via the following link:  Organizational Fleet Safety Program - Overview (hanover.com)  This informative presentation is designed to help your leadership team establish the nine key elements of a Fleet Safety Program including: 

• Policies
• Driver qualification
• Training
• Supervision
• Driver motivation
• Vehicle maintenance
• Vehicle inspection
• Accident reporting
• Accident investigations

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you. The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC 2022-321

This report contains a review of the requirements contained in the Food and Drug Administration (FDA) Standard for Microwave and Radio Frequency Emitting Products. Details include information on power density levels, user and service instructions and labeling.

Introduction

The provisions of this standard are applicable to microwave ovens manufactured after October 6, 1971. In 2016, changes were published for Standard for Microwave and Radio Frequency Emitting Products. This report will synopsize the latest version. For complete details, see 21 CFR 1030. Standards on microwave and radio frequency products are administered by the Food and Drug Administration.

Definitions

• Microwave oven means a device designed to heat, cook or dry food through the application of electromagnetic energy at frequencies assigned by the Federal Communications Commission in the normal ISM heating bands ranging from 890 megahertz to 6,000 megahertz. As defined in this standard, "microwave ovens" are limited to those manufactured for use in homes, restaurants, food vending or service establishments, on interstate carriers, and in similar facilities.
• Cavity means that portion of the microwave oven in which food may be heated, cooked or dried.
• Door means the movable barrier which prevents access to the cavity during operation and whose function is to prevent emission of microwave energy from the passage or opening which provides access to the cavity.
• Safety interlock means a device or system of devices which is intended to prevent generation of microwave energy when access to the cavity is possible.
• Service adjustments or service procedures means those servicing methods prescribed by the manufacturer for a specific product model.
• Stirrer means that feature of a microwave oven which is intended to provide uniform heating of the load by constantly changing the standing wave pattern within the cavity or moving the load.
• External surface means the outside surface of the cabinet or enclosure provided by the manufacturer as part of the microwave oven, including doors, door handles, latches and control knobs.
• Equivalent plane-wave power density means the square of the root-mean-square (rms) electric field strength divided by the impedance of free space (377 ohms).

Requirements

The subject standard (21 CFR 1030) specifies several design features for microwave ovens. All parameters must be thoroughly tested by the manufacturer for conformance to the standard.

• Power density limit — The power density of the microwave radiation emitted by a microwave oven must not exceed one (1) milliwatt per square centimeter at any point five centimeters or more from the external surface of the oven.
• Safety interlocks — Microwave ovens must have a minimum of two operative safety interlocks. At least one operative safety interlock on a fully assembled microwave oven must not be operable by any part of the human body, or any object with a straight insertable length of 10 centimeters. Such interlock must also be concealed, unless its actuation is prevented when access to the interlock is possible. Any visible actuator or device to prevent actuation of this safety interlock must not be removable without disassembly of the oven or its door. A magnetically operated interlock is considered to be concealed, or its actuation is considered to be prevented, only if a test magnet held in place on the oven by gravity or its own attraction cannot operate the safety interlock.
  
  Failure of any single mechanical or electrical component of the microwave oven must not cause all safety interlocks to be inoperative.
  
  Service adjustments or service procedures on the microwave oven must not cause the safety interlocks to become inoperative or the microwave radiation emission to exceed the specified power density limits as a result of service adjustments or procedures.
  
  Microwave radiation emission in excess of the limits specified in paragraph (c)(1) of this section shall not be caused by insertion of an insulated wire through any opening in the external surfaces of a fully assembled oven into the cavity, waveguide, or other microwave-energy-containing spaces while the door is closed, provided the wire, when inserted, could consist of two straight segments forming an obtuse angle of not less than 170 degrees.
  
  One (the primary) required safety interlock shall prevent microwave radiation emission in excess of the requirement of paragraph (c)(1) of this section; the other (secondary) required safety interlock shall prevent microwave radiation emission in excess of five milliwatts per square centimeter at any point five centimeters or more from the external surface of the oven. The two required safety interlocks shall be designated as primary or secondary in the service instructions for the oven.
  
  A means of monitoring one or both of the required safety interlocks shall be provided which shall cause the oven to become inoperable and remain so until repaired if the required safety interlock(s) should fail to perform required functions as specified in this section. Interlock failures shall not disrupt the monitoring function.

Measurement and test conditions

Compliance with the power density limit in paragraph (c)(1) of this section shall be determined by measurement of the equivalent plane-wave power density made with an instrument which reaches 90 percent of its steady-state reading within three seconds, when the system is subjected to a step-function input signal. Tests for compliance shall account for all measurement errors and uncertainties to ensure that the equivalent plane-wave power density does not exceed the limit prescribed by paragraph (c)(1) of this section.

Microwave ovens shall be in compliance with the power density limits if the maximum reading obtained at the location of greatest microwave radiation emission, taking into account all measurement errors and uncertainties, does not exceed the limit specified in paragraph (c)(1) of this section, when the emission is measured through at least one stirrer cycle. As provided in 1010.13 of this chapter, a manufacturer may request alternative test procedures if, as a result of the stirrer characteristics of a microwave oven, such oven is not susceptible to testing by the procedures described in this paragraph.

Measurements shall be made with the microwave oven operating at its maximum output and containing a load of 275 +/-15 milliliters of tap water initially at 20 +/-5 deg. centigrade placed within the cavity at the center of the load-carrying surface provided by the manufacturer. The water container shall be a low form 600-milliliter beaker having an inside diameter of approximately 8.5 centimeters and made of an electrically nonconductive material, such as glass or plastic.

Measurements shall be made with the door fully closed as well as with the door fixed in any other position which allows the oven to operate.

User instructions

Manufacturers of microwave ovens are required to provide, with each oven, radiation safety instructions which:

• Occupy a separate section and are an integral part of the regularly supplied users' manual and cookbook, if supplied separately, and are located so as to elicit the attention of the reader.
• Are as legible and durable as other instructions with the title emphasized to elicit the attention of the reader by such means as bold-faced type, contrasting color, a heavy-lined border, or by similar means.

Microwave user instructions must include the following precautions to avoid possible exposure to excessive microwave energy:

• Do not attempt to operate this oven with the door open since open-door operation can result in harmful exposure to microwave energy. It is important not to defeat or tamper with the safety interlocks.
• Do not place any object between the oven front face and the door or allow soil or cleaner residue to accumulate on sealing surfaces.
• Do not operate the oven if it is damaged. It is particularly important that the oven door close properly and that there is no damage to the: (1) door (bent), (2) hinges and latches (broken or loosened), and (3) door seals and sealing surfaces.
• The oven should not be adjusted or repaired by anyone except properly qualified service personnel.
• Include additional radiation safety precautions or instructions which may be necessary for particular oven designs or models, as determined by the Director, Bureau of Radiological Health, or the manufacturer.

Service instructions

Manufacturers of microwave ovens must provide servicing dealers and distributors with adequate servicing and radiation safety instructions which:

• Occupy a separate section and are an integral part of the regularly supplied service manual and are located so as to elicit the attention of the reader.
• Are as legible and durable as other instructions with the title emphasized so as to elicit the attention of the reader by such means as bold-faced type, contrasting color, a heavy-lined border, or by similar means.

Microwave service instructions must include the following precautions to be observed before and during servicing to avoid possible exposure to excessive microwave energy:

• Do not operate or allow the oven to be operated with the door open.
• Make the following safety checks on all ovens to be serviced before activating the magnetron or other microwave source, and make repairs as necessary: (1) interlock operation, (2) proper door closing, (3) seal and sealing surfaces (arcing, wear, and other damage), (4) damage to or loosening of hinges and latches, and (5) evidence of dropping or abuse.
• Before turning on microwave power for any service test or inspection within the microwave generating compartments, check the magnetron, wave guide or transmission line, and cavity for proper alignment, integrity, and connections.
• Any defective or misadjusted components in the interlock, monitor, door seal, and microwave generation and transmission systems shall be repaired, replaced, or adjusted by procedures described in this manual before the oven is released to the owner.
• A microwave leakage check to verify compliance with the federal performance standard should be performed on each oven prior to release to the owner.
• Include additional radiation safety precautions or instructions which may be necessary for particular oven designs or models, as determined by the Director, Bureau of Radiological Health, or the manufacturer.

Labels

Microwave ovens are required to have the following warning labels:

A label, permanently attached to or inscribed on the oven, which must be legible and readily viewable during normal oven use, and which must have the title emphasized and be so located as to elicit the attention of the user. The label must bear the following warning statement:

Precautions for safe use to avoid possible exposure to excessive microwave energy. DO NOT attempt to operate this oven with:

• Object caught in door
• Door that does not close properly
• Damaged door, hinge, latch, or sealing surface

A label, permanently attached to or inscribed on the external surface of the oven, which must be legible and readily viewable during servicing, and which must have the word "Caution" emphasized and be so located as to elicit the attention of service personnel must bear the following warning statement:

CAUTION: This device is to be serviced only by properly qualified service personnel. Consult the service manual for proper service procedures to assure continued compliance with the federal performance standard for microwave ovens and for precautions to be taken to avoid possible exposure to excessive microwave energy.

Exemptions

Upon application by a manufacturer, the Director, Bureau of Radiological Health, Food and Drug Administration, may grant an exemption from one or more of the statements (radiation safety warnings) specified in the standard.

The exemption shall be based upon a determination by the director that the microwave oven model for which the exemption is sought should continue to comply with certain requirements under the adverse condition of use addressed by such precautionary statement(s). Copies of the written portion of the application, including supporting data and information, and the director's action on the application will be maintained for public review. The application shall include:

1. The specific microwave oven model(s) for which the exemption is sought.
2. The specific radiation safety warning(s) from which exemption is sought.
3. Data and information which clearly establish that one or more of the radiation safety warnings is not necessary for the specified microwave oven model(s).
4. Such other information and a sample of the applicable product if required by regulation or by the Director, Center for Devices and Radiological Health, to evaluate and act on the application.

References

1. Performance Standards for Microwave and Radio Frequency Emitting Products, 21 CFR § 1030 (2016). (Accessed 2/27/2017).

 

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Copyright © 2017, ISO Services, Inc.

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC OCT 2018 11-123
171-0971 (3/17)

Property crime occurs every three seconds…theft occurs every five seconds…auto theft occurs every 25 seconds…violent crime occurs every 35 seconds…robbery occurs every 60 seconds. Keep yourself safe.

Remember the acronym: B-SAFE

Brightness

• If you are parking during daylight hours, think about when you will be returning to your car. If it will be dark when you return, park in a well-lit area as close to lights as possible. Even if you plan on returning during daylight hours, park somewhere where your vehicle will be well lit in case you are delayed.
• If parking at night, choose an area that is well lit. If you cannot see your vehicle from a fair distance from the building, park somewhere else. The greater the isolation of the vehicle and the less amount of light, the more the opportunity is created for a thief.

Security devices

• Make sure you lock your car to engage the alarm. If your car is not equipped with an alarm system, consider having one installed. Alarm stickers and decals are a great visible deterrent.
• Other visible deterrents include steering wheel locks and brake pedal locks. These show criminals that your vehicle will take much more time to steal or vandalize, and they will most likely leave and look for an easier target. If you prefer, a whistle can be carried to notify any bystanders if you become involved in a dangerous situation.

Awareness

• Be aware of your surroundings both when parking and returning to your vehicle. Drive through the lot and check it out first if you are unfamiliar with that particular lot. Look around when getting out of your vehicle after parking. If you see any individuals loitering or acting suspicious, park somewhere else and notify the appropriate management or security; this also applies for when returning to your vehicle.
• Keep your keys in hand when returning so you can enter your vehicle quickly if needed. Also, it is always a good idea to check your backseat before entering your vehicle to ensure there is no one hiding inside.

Foliage

• Do not park close to bushes, trees, walls, large vehicles or any other obstruction that may provide a cover for criminals. It can also reduce your ability to see and assess your surroundings. Making yourself and your vehicle highly visible will greatly reduce the chance for creating an opportunity for theft or vandalism.

Enclose

• One of the most important (and easily forgettable) tips, LOCK all doors and make sure all windows are shut TIGHT. Don’t forget to lock the trunk if it locks separately from the vehicle doors.
• When returning to your vehicle, lock your doors immediately upon entering.
• Lock and secure everything even if entering a building for a couple of minutes; it only takes a thief a few seconds to enter the vehicle and steal property or the vehicle itself.
• Hide or remove anything valuable from the vehicle. Conceal them when walking into the building; do not carry valuables in the open. If you cannot take it with you, place it in the glove compartment or trunk and lock it. If that is not possible, cover the items with a blanket as to not make them visible. Even if the items don’t seem valuable to you, they may be valuable to a thief.

One last tip

Back your vehicle into parking spaces if possible. This allows you to be able to leave quickly if a situation becomes dangerous. Note where you have parked; this reduces unnecessary time walking around the parking lot.

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC NOV 2018 08-66
171-0865 (1/14)

If your workers use any type of ladder for their work, the OSHA rules must be followed.

What does this cover?

OSHA rules cover all step ladders, straight ladders and extension ladders whether they are wood, fiberglass or metal. There are rules for installing and using them properly, as well as inspecting them. There are also rules for training workers before they use ladders.

What else do I need to know?

Ladders are the most widely used piece of equipment on construction sites and need to be set up, inspected and used properly every time they are moved to a new work area.

Securing the ladder

Straight and extension ladders have to be secured so they don’t slip or kick out and cause someone to fall. Tying off at the top keeps the ladder from slipping sideways, but remember to secure the bottom, especially if the ladder will be in place for more than a day.

Inspecting ladders

Consider that ladders are not always cared for and can get pretty beat up from constant use. All ladders need to be inspected before they are used. Cracks, loose rivets and bolts, and damaged rungs may eventually cause the ladder to fail. Don’t allow any workers to fix a ladder; only the manufacturer can do that.

Ladder set-up

Most construction workers have heard of the “4:1 rule” which means the bottom of the ladder should be placed 1 foot away from a wall for every 4 feet in wall height. This is how the ladder is tested and gets its capacity rating (Type I, Type IA or Type lAA). Ladders with a designated capacity are the only types of ladders that should be used. Look on the side rail for the ladder Type and rating which will be 250lb, 300lb or 375lb.

Step ladder use

Only allow step ladders to be set-up with the side locking arms locked in place, never allow a step ladder to be leaned against a surface.

Traffic areas

Consider using cones or caution tape around ladders where other equipment is operating or when the ladder might be out of view like around corners or doorways.

What about training?

OSHA rules are in place that require all workers who use a ladder to be trained on proper use, inspection and placement.

Workers should know not to overreach and should follow the “belt buckle rule” which means keeping their belt buckle between the side rails. Make sure you document the training.

Where can I get more help?

The Hanover Risk Solutions website has additional information that you can review or use for worker training. Additional resources can also be found on the OSHA website. 

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This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you. The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC JAN 2019 12-379
171-1098 (11/14)

Studies show a link between accidents and past driving performance. Most drivers involved in vehicle accidents have had more than one accident or violation during the prior three years. Past driving record is a good indicator of how the person will drive in the future since drivers often continue their established habits. A recent study found that prior traffic violations were the second best predictor of future accidents, second only to prior accident history. Furthermore, studies have shown that almost half of job applicants understate the number of accidents and convictions in their initial application.

Motor vehicle records

A driver’s Motor Vehicle Record (MVR) is one of the best predictors of accident experience. MVRs should, therefore, be obtained for all drivers before they go behind the wheel. Obtain MVRs from each state since non‐CDL drivers may possess licenses from more than one. Then check MVRs at least once a year to determine if remedial action is needed.

Obtain written authorization from employees when requesting their MVR information. Consult with legal counsel in the event you decide to take disciplinary action against an employee as a result of any findings contained in the MVR, because there may be certain federal or state laws that apply.

Make MVRs part of driver files. Review them with your drivers. Doing so can provide insight into attitudes toward traffic rules and regulations.

Guidelines for screening MVRs

If driving is part of the job, MVRs that are clean or acceptable should be a condition of employment. Establish clear standards for what constitutes an acceptable MVR, and the penalties for not having one.

Consider the guidelines listed on page 3. These are the same guidelines used by The Hanover/Citizens Insurance Companies; however, exercise caution to assure all applicants and employees are evaluated under the same criteria. Again, you should consult with legal counsel in the event you decide to take disciplinary action against an employee as a result of any findings contained in his or her MVR.

Additional factors to consider

A driver’s age may be a contributing factor in vehicle accidents. For example, a youthful operator may possess a clean record; however, because the individual has been licensed a relatively short time, his or her driving experience may be limited.

On the other hand, long term “good” drivers may develop adverse trends over time. You should, therefore, conduct MVR checks on all drivers at least once annually. Again, you should make this periodic check a condition of employment and should obtain written authorization from your employees to do so.

How to obtain MVRs

State Departments of Motor Vehicles (DMVs) are good sources for Motor Vehicle Records. Our Risk Solutions Partner SambaSafety can help support your screening efforts.

Some states offer a service that allows businesses to receive automatic notifications of changes to their drivers' MVRs. This is an excellent way to provide immediate intervention and counseling of drivers rather than waiting for an annual MVR review.

Sample MVR program guidelines

Major violations — One makes driver unacceptable:

• Negligent homicide within last five years
• Criminal‐type conviction within last five years
• Hit‐and‐run within last five years
• Manslaughter within last five years
• Suspended or revoked license — currently suspended or revolved
• Drag racing within last five years
• Driving under influence/impaired within last five years

Moving violations

• Reckless driving within last five years
• Careless driving within last three years
• Assault involving a motor vehicle within last five years
• Passing a stopped school bus within last three years

Unacceptable*

• Three or more moving violations within the last three years
• Two or more at‐fault accidents within the last three years
• Violations and accidents combined: More than one at‐fault accident and 1 moving violation within the last three years when not the same incident

Moving violations

• Speeding violations
• Improper or excessive lane changes
• Following the vehicle ahead too closely
• At‐fault accidents (any accident where the driver is cited with a violation, or negligently contributes to the incident OR; any single‐vehicle accident that is not caused by actual equipment failure)
• Running a red light or stop sign
• Failure to yield

Acceptable

• The driver has violations but does not meet the MAJOR or UNACCEPTABLE criteria

Clean

• No violations listed on the MVR

Please note this list is not all inclusive, but a general guideline of the types of violations that fall into “Major Violations” and “Unacceptable”. The actual wording of a violation varies by state.

*Not‐at‐fault accidents, failure to wear seat belts, failure to register vehicle, failure to maintain vehicle, improperly marked or secured loads, oversize/overweight violations, non‐compliance with financial responsibility laws, and other non‐moving violations may also be considered unacceptable. Multiple incidents of these types of violations may indicate a general disrespect for safety controls and laws.
 

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The recommendation(s), advice and contents of this material are provided for informational purposes only and do not purport to address every possible legal obligation, hazard, code violation, loss potential or exception to good practice. The Hanover Insurance Company and its affiliates and subsidiaries ("The Hanover") specifically disclaim any warranty or representation that acceptance of any recommendations or advice contained herein will make any premises, property or operation safe or in compliance with any law or regulation. Under no circumstances should this material or your acceptance of any recommendations or advice contained herein be construed as establishing the existence or availability of any insurance coverage with The Hanover. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC JAN 2019 12‐82
171-1025 (02/14)