MANAGE DEEP
FOUNDATION RISK
Fugro Loadtest removes uncertainty in foundation
construction by establishing confidence, reliability and
efficiency through advanced deep foundation analysis,
quality control and testing. We have unsurpassed experience
managing deep foundation risk with thousands of full scale
load tests performed around the world. Loadtest provides
focused risk management decisions through confirmed
excavation quality conditions, calibrated foundation designs,
and verified production foundations.
FUGRO LOADTEST
800 368 1138
info@loadtest.com
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businesses may be in a similar situation. In addition, if they
didn’t already, renewal policies will likely carry a virus/pandemic
exclusion to further clarify their coverage position.
Be prepared going into a BI/EE renewal. Work with a
broker to determine the best strategy to approach the carrier.
Consider BI/EE risks moving forward and determine
the precise amount of coverage that’s needed heading into
renewal negotiations.
Workers’ compensation insurance
As businesses begin to bring non-essential employees back
to work, there is potential for a different type of workers’
compensation claim to arise. The Canada Labour Code and
provincial regulations allow employees to refuse work if
they don’t feel safe. The language varies by jurisdiction, with
British Columbia’s regulations referring to an “undue hazard”
and Ontario’s mentioning “danger.”
This kind of claim is traditionally filed when an employee
was exposed to an unsafe condition and lost a limb – or even a
life – and alleges the employer was negligent in some form. In
dealing with COVID-19 return to work exposures, if employees
are required to work without proper physical distancing
or personal protective equipment (PPE) and are exposed to
COVID-19, the employee may have a pathway to allege negligence
on the part of the employer and trigger the coverage.
These kinds of claims tend to be drawn out and litigated
for years. Businesses will need to hire a specialized lawyer.
While these cases are rare, they are likely to increase as the
Canadian workforce returns to their operations.
Before bringing employees back to work, implement
the Canadian Centre of Occupational Health and Safety’s
“COVID-19: Workplace Health and Safety Guide,” and document
all safety practices/meetings while making all forms
of PPE available to employees at all times. Work to ensure
proper workers’ compensation claims reporting and monitoring
procedures and keep all employees’ health information
regarding COVID-19 highly confidential.
Employment Practices Liability Insurance
An employer who treats certain employees unfairly as it
relates to their fear of the COVID-19 work environment and/
or an ongoing workers’ compensation claim could be exposed
to discrimination lawsuits. These allegations could trigger a
business’s Employment Practices Liability Insurance (EPLI).
In certain allegations such as class action lawsuits, a business’s
directors and officers (D&O) coverage may be triggered
as well.
Make sure appropriate limits are on EPLI and D&O policies.
Ensure the human resources department understands
the importance of safety compliance and is prepared to
deal with work-related risk, safety and special accommodation
requests from employees. Be sure to have access to a
lawyer that is approved by the EPLI carrier and specializes in
employment-related claims.
Cyber insurance
The COVID-19 pandemic has led to employees working
from home, vastly increasing the attack surface available
BUSINESS
46 Q4 2020 www.pilingcanada.ca
/covid-health-safety-guide.pdf
/covid-health-safety-guide.pdf
/www.loadtest.com
/www.pilingcanada.ca
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