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Archive for March, 2009

TSSAA Passes New Heat Policy

Monday, March 30th, 2009 | School Safety | No Comments

It seems every year we hear the sad story of a high school athlete somewhere in the U.S. who has lost his life while practicing sports in the summer heat. Sometimes the heat is to blame and other times the athlete had a prior medical condition that caused the problem. At its most recent meeting the TSSAA Board of Control passed a proposal that requires a heat policy for all its member schools. The TSSAA heat policy is the minimum standard that member schools must follow, and member schools must be in compliance with this policy beginning with the 2009-2010 Fall Sports first practice dates. Here is a summary of that policy.

Heat Index under 95 degrees:

Provide ample amounts of water. Water should be available and athletes should be able to take in as much as they desire.

Optional water breaks every 30 minutes for 10 minute duration

Ice-down towels for cooling

Watch/monitor athletes carefully for necessary action

Heat Index 95-99 degrees:

Same as prior except water breaks are now mandatory.

For contact sports and those with additional equipment, helmets and other possible equipment removed if not involved in contact.

Reduce time of outside activity and consider postponing practice to later in the day.

Re-check temperature and humidity every 30 minutes to monitor for increase in Heat Index.

Heat index 100 to 104 degrees (Same as prior with following exceptions):

Alter uniform by removing items if possible.

Allow for changes to dry t-shirts and shorts.

Reduce time of outdoor activity and indoor if air conditioning is unavailable.

For contact sports and those with additional equipment, helmets and other possible equipment removed if not involved in contact or necessary for safety. If necessary for safety suspend activity.

If the heat index is above 104 degrees all activity will be stopped unless air conditioned indoors.

For more details please see the TSSAA website at http://www.tssaa.org.

Jeff Mathis
Chief Financial Officer
Next Generation Underwriters
615.822.5454
jmathis@nguins.com

Region 3 TAUD Meeting boast over 70 in Attendance for the “Best Tasting Water Contest”.

Friday, March 27th, 2009 | Where we will be | 1 Comment

Cove Lake State Park in Caryville was the host site for the first quarterly meeting for Region 3. Region Leader Jimmy Langley of L.B.C. Utility District put together a very informative program which included the “Best Tasting Water Contest” participants.

Kicking off the meeting, Jimmy introduced TAUD Executive Director Bob Freudenthal, who informed the members about current legislation going on in Nashville and the ‘Bills’ in which the Association would be following closely. Bob also gave updates on the TAUD website changes and programs you can download on PDF, plus information on the TUPAC low interest loan programs that are now up and available.

Following Bob, Terry Bobrowski of ETDD discussed the Stimulus Funding programs and how Utility Districts will be affected. Kirk Smith of Next Generation Underwriters Inc. presented the benefits of becoming a member of the Tennessee Risk Management Trust programs of Insurance. Also, Marisol Torres of Rural Development brought members up to date with current funding available for the USDA loan program. Steve Roberts of TEDC also gave a report from the Division of Water Supply along with Michael Atchley who reported on the regulations from the Water Pollution Control Division of TEDC. Greg Lee of Trilec Products presented a demonstration of the new “Powermoon” lighting systems for worksite after dark projects. Cynthia Bullard displayed the safety products and equipment from Scientific Sales Inc. of Knoxville.

Special Guest for the meeting was Tennessee State Senator Ken Yager.

The results of the “Best Tasting Water Contest” was revealed at the conclusion of the meeting and the winner was (Luttrell, Blaine and Corryton Utility District). Congratulations to Jimmy Langley and his staff who will now go on to compete in the Championship against other Region winners this June. The State winner will go on to compete in Washington D.C. this fall.

Lunch was provided by Classy Threads & Catering of Duff, Tennessee and sponsored by Next Generation Underwriters Inc.

Kirk Smith
Account Executive
Next Generation Underwriters
615.822.5454
ksmith@nguins.com

Proof of Insurance and Tennessee Financial Responsibility Law

Wednesday, March 11th, 2009 | Insurance Topics | No Comments

Recently, several members asked whether they are subject to the Tennessee Financial Responsibility Law. In addition, those members asked whether they needed to obtain insurance cards for their vehicles and drivers.

ARE GOVERNMENTAL ENTITIES COVERED BY THE PROVISIONS OF THE LAW?

Yes. Under the Tennessee Financial Responsibility Law, all Tennessee drivers must maintain proof of insurance in their vehicles. The law specifically referenced motor vehicles owned by a county, city or other governmental entity. See Tenn. Code Ann. §§ 55-12-106(8) & 55-12-139.

DO TNRMT MEMBERS NEED INSURANCE CARDS FOR VEHICLES?

No. The law requires the vehicle operator to produce “evidence of financial responsibility.” For vehicles owned by a governmental entity, the law is satisfied by evidence that the vehicle is owned by a governmental entity and that the vehicle is being operated with the owner’s consent. Tenn. Code Ann. § 55-12-139(b)(3).

WHAT IS EVIDENCE OF OWNERSHIP AND CONSENT?

For most vehicles, the government license plate should be conclusive on the issue of ownership. With respect to consent, in most instances consent will be implied either from the nature of the use (i.e., school buses, patrol cars, maintenance vans), or the identity of the driver (deputy sheriff or EMT). In those instances in which additional evidence may be necessary and not be immediately available, the law allows the driver to provide proof of ownership or consent at a later time. See Tenn. Code Ann. § 55-12-139(e).

WHAT ABOUT LEASED VEHICLES OR VEHICLES OPERATED BY INDEPENDENT CONTRACTORS?

If the vehicle is not owned by the governmental entity, then the owner and operator must maintain insurance on that vehicle. In addition, an insurance card, declaration page or insurance binder must be in the vehicle at all times. See Tenn. Code Ann. § 55-12-139(a).

Keith Dennen
Bone McAllester Norton PLLC
www.bonelaw.com

Impact of new FMLA and ADA rules

Tuesday, March 10th, 2009 | Insurance Topics | No Comments

New FMLA rules took effect on January 16, 2009 and The ADA Amendments Act of 2008 became effective on January 1, 2009. Each has provisions that employers should make themselves aware of.

Below is a summary of the major changes in bullet format. We recommend that you obtain a complete copy of the changes to these laws and/or consult your Human Resources professional or an attorney should you have any questions.

FMLA

Adds a ‘break in service’ rule: If the employee has a 7 year or more “break in service”, the time prior to that break is not counted toward the 12 month of required employment (unless the break was due to military service).

“ Continuous treatment” for a “serious health condition” is redefined as a period of incapacity of more than 3 consecutive calendar days and which requires a visit to a health care provider within 7 days of the onset of incapacity.

Posting and notification requirements of employers was greatly modified. Employees also have to provide more detailed notice to their employers.

Employers can require fitness-for-duty certifications from employees who have taken intermittent or reduced leave and can request health care providers to assess the employee’s ability to return to work based on the essential functions of the position.

The new rules expressly provide that male employees can qualify for FMLA leave to take their pregnant spouses to prenatal care appointments and may qualify for intermittent FMLA leave to assist their pregnant spouses having severe morning sickness.

Employers cannot count light duty worked as FMLA time.

Defines what constitutes a “qualifying exigency” which allows members of the National Guard and Reserves to take exigency leave under the FMLA.

ADA

The scope of ADA coverage has been expanded and it is easier for an employee to establish a “disability”. Under these new rules, any “impairment that is episodic or in remission” will be considered a “disability” if it would substantially limit an employee’s major life activity “when active”. No longer will “mitigating measures” will not be considered in the determination of whether an impairment substantially limits a major life activity. “Mitigating measures” include medication, medical supplies/equipment/appliances, prosthetics, hearing aids, mobility devices, etc. So, the use of medication medical supplies and hearing aids no longer serves to remove someone from “disability” status.

All employers should make themselves familiar with these new provisions. Review company policy and procedure manuals and develop new ones to comply. Managers and supervisors should be retrained.

Tom Montgomery
Director of Operations, CPCU, AIC
Safety Engineering Consultants
615.826.4274
tmontgomery@sectn.com

Advise for These Times

Monday, March 2nd, 2009 | Finance, Insurance Topics | No Comments

In these tough economic times, most of us are tightening our belts as much as we possibly can. When we review our budgets, we might be asking what items we can possibly cut.

Next Generation Underwriters is involved with the insurance coverage of a great percentage of the schools in the Tennessee area. On the property side, replacement cost coverage is provided for both buildings and contents. It is very important to not reduce the amount of coverage on any of your properties in order to save money. If you sustain a total loss on any of your property, you will only recover the limit you have selected either at the start of the policy period or for which you have requested an increase during the policy period. While you may think that the furniture and/or fixtures in a portable classroom are really not worth much, remember that coverage is provided on a replacement cost basis. So be sure that you consider this when putting a value on your contents. We don’t want to have to be the “bad guys” to have to tell anybody that the amount of their coverage isn’t sufficient to cover their loss.

Betsey Sullivan
Customer Service Representative
Next Generation Underwriters
615.822.5454
bsullivan@nguins.com

Etowah Utilities wins ‘Best Tasting Water Contest for Region 10

Monday, March 2nd, 2009 | Where we will be | No Comments

With a crowd of over 80 TAUD members in attendance, Komatsu of Chattanooga served as the host for the first quarterly meeting for Region 10. Region Leader Tim Lawson and General Manager of Ocoee Utility District introduced Bob Freudenthal, Executive Director of the Tennessee Association of Utility Districts to start the meeting. Bob went over some of the Stimulus Package information and discussed the effects of how the monies can be used for ‘Shovel Ready Projects’. John Hall of TAUD discussed the new low interest loan program that TAUD has put together with Wiley Brothers and Aintree Capital. Last week marked the first loan in excess of 30 million with the new program.
Various members of the Komatsu Plant along with Power Equipment Distributors of Chattanooga presented a plant tour and equipment program on Komatsu products. TAUD members also heard updates from the Chattanooga Environmental Field Office along with a report from Rural Development. Members then enjoyed a lunch following the meeting.

The ‘Best Tasting Water Contest for Region 10 belongs to Etowah Utilities. With eight Utility Districts competing for the honor to go on to the State Finals, Etowah was judged ‘best’. Congratulations to Etowah Utilities and thanks to all those who participated.

Thanks to Komatsu of Chattanooga and Tim Lawson for their hospitality in hosting this meeting.