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   * Workers’ Comp Forum
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   * Sector Focus
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WEED AT WORK: 42% OF WORKERS IN SAFETY SENSITIVE POSITIONS SAY COWORKERS HAVE
USED CANNABIS WHILE ON THE JOB

A survey from the National Safety Council gives a comprehensive view of
marijuana use in the workplace and the safety concerns it poses.
By: Courtney DuChene | January 12, 2022
Topics: Safety | Workers' Comp | Workers' Comp Forum



Cannabis legalization has long been on the rise in the U.S. 

By 2021, medical marijuana had been legalized in 36 states. Recreational usage
is lawful in 19 states and another 26 have decriminalized the drug. 



But as legalization makes marijuana more widely available, are employers —
especially those in industries where accidents are common — ready to regulate
its use amongst the workforce? 

A detailed survey from the National Safety Council from July of 2021 dove into
cannabis usage in the workplace and how employers can prepare to ensure that
recreational and medical marijuana is handled safely. 

The survey targeted workers in the manufacturing, construction, transportation,
utilities, agriculture, wholesale trade and mining sectors.   


BY THE NUMBERS

 * The report noted 34% of workers have observed their fellow employees using
   cannabis during work hours. Another 30% observed their coworkers using CBD
   products during work hours.
 * When it comes to safety sensitive positions, employees reported seeing a
   higher number of coworkers using cannabis — 42% compared to 21% for
   non-safety sensitive positions. 
 * Twenty-nine percent of employees have observed their coworkers sharing
   cannabis products with other employees while 24% reported seeing fellow
   workers share CBD products. 
 * Older employees are less likely to notice cannabis use amongst their
   coworkers than younger employees. The survey found that 20% of employees 55
   or older had noticed cannabis use in the workplace compared to 36% of
   employees under 34 and 41% of workers 35-54.   


WHICH INDUSTRIES HAVE THE MOST CANNABIS USAGE?

Construction and mining saw the most rates of cannabis usage amongst the
industries surveyed. 



In construction, 45% of workers reported seeing other employees using cannabis
and another 39% using CBD during work hours. Forty-one percent witnessed
coworkers sharing cannabis. 

Half of workers surveyed in the mining sector reported seeing their coworkers
sharing cannabis and 54% said they saw coworkers sharing the drug during work
hours. 

The utilities sector had the lowest rates of employees witnessing cannabis
usage, according to the survey. Only 22% said that they had seen coworkers
sharing cannabis. 


ARE EMPLOYERS PREPARED?

First off, employees using drugs, alcohol or other substances that may impair
their ability to do their jobs safely should always be concerning to workers’
comp and safety professionals, especially since we don’t yet have reliable tools
for assisting marijuana impairment. 

On the whole, only 62% of employers surveyed had a policy in place for cannabis
use in the workplace. Instead, they tend to be more focused on regulating the
use of other substances, such as alcohol and prescription drugs in the
workplace. The survey noted that 78% of employers have a policy governing other
types of substances in the workplace.   

To assess how prepared businesses are for these risks, the National Safety
Council surveyed both employers and employees on how prepared their
organizations are to address medical and recreational cannabis usage in the
workplace. 

For the most part, employers said that they felt at least somewhat prepared to
address medical and recreational marijuana usage in the workplace. Of those
surveyed, 44% said they felt extremely well prepared to address recreational
usage and 39% said they are somewhat well prepared.

On the medical side, 42% said they felt extremely well prepared to address
cannabis usage and 45% said they were at least somewhat well prepared. 

Employees tended to be more confident in their employers with 65% of workers
saying their organizations are well prepared to address medicinal cannabis
usage. Sixty-nine percent of employees thought their employers were prepared to
address recreational usage in the workplace. &


Courtney DuChene is an associate editor at Risk & Insurance. She can be reached
at duchene@theinstitutes.org.





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3 INTERCONNECTED CYBER RISKS LEAVING HEALTH CARE SYSTEMS VULNERABLE TO ADDED
LIABILITY

Cyber events are no longer just about data encryption; medical facilities must
be aware of the interconnected risks at play that could leave them open to
larger liability claims.
By: Liberty Mutual Insurance | September 1, 2021

It seems that not a day goes by without the announcement of a ransomware attack.
Some events, like the shutdown of the Colonial Pipeline earlier this year, make
headlines, reminding the public of how serious a threat ransomware can be.

Oftentimes, events will go under the radar. But this doesn’t mean they are any
less severe; the average ransomware attack can cost millions of dollars. Bad
actors are constantly looking for vulnerable facilities to gain access to
critical information and wreak havoc on the company.

More than a third of health care organizations were hit by a ransomware attack
in 2020, and of those, 65% said cyber criminals were successful in encrypting
their data, a report from cyber security company Sophos found. For medical
facilities, however, a ransomware or any cyber event can be much more costly,
because patients’ lives are at stake, making this more than just a cyber risk.

“The hospitals, medical facilities and their physicians have sensitive patient
information on their systems,” said Monica DiCesare, chief underwriting officer
at IronHealth. “That information is critical to protect, because it’s critical
to ensure patient safety.”

Ransomware then becomes a safety concern for such institutions, making medical
facilities that much more attractive for hackers. Hospitals are more likely to
pay a ransom, with 34% of respondents in the Sophos report saying they paid to
get back their encrypted data.

When cyber events bleed over into the safety realm, institutions will be left
vulnerable to medical malpractice claims and other serious threats. Here’s a
look at three ways a cyber event at a hospital can trigger other policies and
what these facilities can do to mitigate the risk.


1) MEDICAL MALPRACTICE CAN STEM FROM A FACILITY’S INABILITY TO ACCESS SENSITIVE
PATIENT INFORMATION.

Monica DiCesare, Chief Underwriting Officer, IronHealth

Cyber attacks can lead to a number of medical malpractice concerns, from
misdiagnosis to delays in treatment. When networks are down or systems are
impaired, the inability to retrieve sensitive and key data in real-time can
hinder physicians in making informed decisions on a patient’s care.

“Prescription information, drug allergies and other sensitive information
documented on medical records can be held for ransom,” DiCesare said. “If a
physician is looking to administer a medication quickly but doesn’t have access
to medical history, that could be catastrophic.”

“We’ve become so reliant on technology. When we don’t have that technology and
data, we become inhibited. The physician can’t practice medicine to its fullest,
which can later be construed as negligence, because they weren’t able to provide
adequate or appropriate care,” added Dennis Cook, president of IronHealth.

The consequences of such an event can be dire.

Not only can vital medical information be locked, but so too can in-take
systems, which may lead to ambulances being sent away from the hospital and
routed to facilities miles away with critical trauma patients in tow. Lab
reports may not arrive in time to help make the right diagnosis. Routine
appointments and procedures can be delayed or canceled — all of which can lead
to a medical professional liability claim.


2) WHEN DEVICES ARE HACKED, PRODUCTS LIABILITY CAN BE TRIGGERED.

Dennis Cook, President, IronHealth

Many health care organizations have their own software system and products that
they use or develop with third parties, which means if a system is infiltrated,
so too can any connected devices if proper protections are not in place. And
because these facilities have created their own systems, they’re also open to
their own unique exposures in the event a cyber breach occurs.

That is why putting protections in place is key.

“Making sure your medical devices are using the most updated software and have
all the patches in place can go a long way in protecting yourself against these
attacks,” DiCesare said. the facility uses, like insulin pumps, ventilators,
pacemakers, monitors and more, can help in preventing malicious deeds.
Comprehensive procurement practices are vital in ensuring all medical devices
purchased and used on site have the adequate protection throughout their
lifespan.

Cook agreed, adding that contingency planning and system backups are a must:
“Health care facilities are used to emergency and disaster planning. Cyber
preparedness should be no different. If a hurricane is coming, they know to
evacuate. They know to have the back-up generator ready to go. Running through
emergency planning for a cyber event should reflect that disaster preparedness
approach.”

It’s also important to note that products liability is not isolated to health
care systems, either; device manufacturers can be held liable for faulty or
unprotected devices being infiltrated by hackers. That is why it is not only
imperative for hospitals to do their due diligence when it comes to vetting the
machinery they use, but it is also important that manufacturers and vendor
partners understand how cyber can impact their devices and how they can work to
prevent events from happening.


3) BILLING ERRORS AND OTHER REGULATORY LIABILITY CONCERNS FOR HEALTH CARE
FACILITIES.

During a ransomware attack, if a health care facility’s billing system is
infiltrated and miscoded, the medical facility will likely be on the hook for
any alleged improper billing practices. If it appears that the facility has been
overbilling, the government can impose fines and penalties against the system.

“The hacker could be siphoning off that money without the facility realizing.
And then, when the bills aren’t adding up, the health care system can be hit
with large penalties,” said Cook.

Governments are starting to get proactive around ransomware issues, including
billing. More regulations and requirements surrounding cyber controls are being
discussed every day, from cyber policy requirements to mitigation efforts at
play.

One legislation being discussed may prohibit health care facilities and other
businesses from paying ransoms at all. This has been a topic of discussion for
many state legislatures in the last few months as a means to curb cyber
activities.

“That could lead to another type of regulatory concern for health care
facilities. Will they comply or will they pay a ransom to gain back access to
the critical information they need for patient care?” Cook said.




HOW HEALTH CARE FACILITIES CAN ADDRESS CYBER’S INTERCONNECTED RISKS

With medical malpractice, products liability and regulatory concerns on the
table, it’s clear to see that a cyber attack is more than just a cyber event.
Health care facilities can face a number of risks should they find themselves at
the receiving end, but there are ways to get ahead, starting with a deep review
of what existing policies might cover.

“Not all policies are created equal,” said Cook, “and so cyber limits within
individual policies may be adequate or they may not.”

Talking through the risks with a broker partner and the carrier is also a best
practice that health care facilities can adopt. Understanding the intricacies of
the policy will go a long way in knowing where the gaps are and what should be
done to fill them.

The partners at IronHealth, in tandem with parent company Liberty Mutual, are
working to provide clients with the necessary insurance information and tools
required to tackle cyber and ransomware exposures. From working through possible
cyber risk scenarios to providing coverage that spans both the cyber and health
care realms, the team is working to become a trusted partner in mitigating cyber
risk.

“Not only do we have the policies, we also offer support from a risk management
viewpoint,” DiCesare added. “We are looking to point our clients in the right
direction when it comes to the services they need to address the risks where
cyber and health care intersect. We’re equipped to partner them with the right
experts so they’ve got the right risk plans in place.”

To learn more, visit: https://business.libertymutual.com/.





This article was produced by the R&I Brand Studio, a unit of the advertising
department of Risk & Insurance, in collaboration with Liberty Mutual Insurance.
The editorial staff of Risk & Insurance had no role in its preparation.

Liberty Mutual Insurance offers a wide range of insurance products and services,
including general liability, property, commercial automobile, excess casualty
and workers compensation.





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