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Coverage Spotlight: School Bus Contractor

How to Manage the Unique Risks of School Bus Drivers

Transporting young children is risky business. In this Q&A, an underwriting VP discusses solutions to minimize the exposures.
By: | May 10, 2018 • 6 min read

Imagine navigating all the normal risks of driving — congested traffic, aggressive drivers, distracted drivers — while also taking responsibility for the safety of a couple-dozen elementary schoolchildren in your backseat. School bus drivers and contractors take on significant liability risk each time they hit the road, as well as some other unique exposures not faced by a typical commercial auto fleet.

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Mark Plousis, Vice President, Commercial Underwriting, Philadelphia Insurance Companies, describes some of the challenges faced by school bus contractors, and the solutions available to mitigate the risk.

R&I: What are the top areas of exposure for school bus contractors?

Mark Plousis: An estimated 26 million kids take a bus every day, and all the activities associated with children entering and exiting a bus and being transported create exposure, especially when the children are very young and maybe not as aware of their surroundings.

Last year, there were 22 child fatalities associated with activities around a school bus. It usually results from someone not adhering to the signals on the bus, driving around it while it’s stopped, and hitting a child going to or from the bus. In some cases, it results from the school bus actually hitting a child or from activities taking place on the bus.

Mark Plousis, Vice President, Commercial Underwriting, Philadelphia Insurance Companies

There are various abuse issues that are associated with the school bus contractors, whether that’s aggressiveness or sexual abuse from a driver to a passenger, or passenger on passenger abuse. Incidents like these are very rare, but anything involving a child immediately becomes significant.

Automobile physical damage and liability risk is another big area of exposure, especially weather-related catastrophes

R&I: What are the top drivers of auto liability risk?

MP: As with all of the commercial auto industry, distracted drivers are a big problem. A school bus driver is distracted enough with the activities of multiple children entering and exiting the bus, or horsing around on the bus and making noise. The driver is also expected to look out for bad behavior like bullying. And today that’s compounded by the prevalence of handheld devices. Some drivers are checking their phones and texting while driving. We need school bus drivers to be totally alert and totally aware.

PHLY’s Vice President of Commercial Auto Underwriting, Mark Plousis, explains the built-in safety standards for the School Bus industry.

R&I: Many commercial auto fleets use telematics to track driver behavior. Are school buses equipped with telematics?

MP: School buses have been active in the telematics business for a long time, beginning with simply installing cameras on board. Today, the cost of telematics systems is dropping as the technology gets cheaper and easier to produce, so more of our contractors have implemented fleet telematics. It does help manage the driver, because the driver knows he or she is being watched, and it may also help manage the children for the same reason.

In addition to conditioning behavior of the driver and the passenger, telematics systems also memorialize the data, including speed, hard braking, sharp turning, etc. So over time, we start to see drivers not using their phones while they’re operating the bus, and being cognizant of their speed, how they make turns, and how hard they hit the brakes. School bus contractors can manage their risks much more effectively with the help of telematics.

R&I: Do schools set certain standards that bus contractors must adhere to around the maintenance of the vehicles or qualifications of drivers?

MP: The federal government actually sets a lot of standards for the “traditional” yellow school bus. The National Highway Traffic Safety Association dictates how the buses are built, maintained and operated, and has established safety standards on the drivers.

As with all of the commercial auto industry, distracted drivers are a big problem.

Many states have additional driver requirements on top of that, such as a criminal background and sexual offender background check. Each state may have different standards around bus specs — everything from its structure to how high the seats are and how the swing arm is attached. And each state reviews the buses of each contractor to make sure that they comply, so there is a lot of built-in risk management by the states.

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It’s imperative that contractors follow these guidelines and do everything in their power to ensure their vehicles are safe and their drivers are qualified, otherwise they risk losing their contracts with a school district and may end up out of business.

R&I: What risk mitigation recommendations would you make to school bus contractors?

MP: The top items are driver screening and driver training.

Many contractors that we work with already do extensive training, both onsite at their facilities and on the road, having drivers practice their routes and familiarize themselves with their stops. They’ve taken a very hands-on approach.

Insurance coverage is secondary to proactive risk management.

As part of our School Bus Contactor Program, we also offer several risk management services, including an online driver safety training program that focuses on distracted driving.

Screening driver history can be more difficult, but we are addressing that with DMV monitoring. We put all of our contractors’ drivers into one of our vendor’s databases and monitor their driving activity 24/7. If a school bus driver has a speeding incident or a DUI incident on a Friday or Saturday night, we’ll know about it right away, and we’ll let our insureds know about it. Addressing those issues immediately is the best way to keep unsafe drivers off the road, which goes a long way in reducing all kinds of risk. Insurance coverage is secondary to proactive risk management.

R&I: What other services are included in Philadelphia Insurance’s school bus contractor program?

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MP: We have a team of risk management consultants that will work with insureds on a number of issues. They’ll review each account’s loss history, identifying patterns to see where they can help reverse a negative trend. They’ll review safety manuals and help to create a better one if needed. They’ll do field inspections of their yard and each individual bus to make sure everything’s safe. They’ll also provide one-on-one driver training. It’s a hands-on approach.

R&I: What coverages does the program provide?

MP: The key benefits of the program are auto liability and auto physical damage. We also have an auto enhancement form that gives some good physical damage coverages to the operators, including a zero deductible for repair of glass, and coverage for towing, lease gap, electronic equipment and other physical damage causing loss of use. Property/casualty commercial general liability, as well as abuse and molestation coverage are also available.

In the event of a significant accident, we do have crisis management coverages that can be utilized immediately, which includes image restoration. With social media and the ability for word to spread so quickly, it’s important to make sure companies respond to an incident quickly, but correctly, and also to ensure no one is defaming their character unfairly. We have a team of contractors with the company that can work with our insured to make sure that their reputation is maintained and taken care of. &

Katie Dwyer is an associate editor at Risk & Insurance®. She can be reached at [email protected]

More from Risk & Insurance

More from Risk & Insurance

Cyber Resilience

No, Seriously. You Need a Comprehensive Cyber Incident Response Plan Before It’s Too Late.

Awareness of cyber risk is increasing, but some companies may be neglecting to prepare adequate response plans that could save them millions. 
By: | June 1, 2018 • 7 min read

To minimize the financial and reputational damage from a cyber attack, it is absolutely critical that businesses have a cyber incident response plan.

“Sadly, not all yet do,” said David Legassick, head of life sciences, tech and cyber, CNA Hardy.

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In the event of a breach, a company must be able to quickly identify and contain the problem, assess the level of impact, communicate internally and externally, recover where possible any lost data or functionality needed to resume business operations and act quickly to manage potential reputational risk.

This can only be achieved with help from the right external experts and the design and practice of a well-honed internal response.

The first step a company must take, said Legassick, is to understand its cyber exposures through asset identification, classification, risk assessment and protection measures, both technological and human.

According to Raf Sanchez, international breach response manager, Beazley, cyber-response plans should be flexible and applicable to a wide range of incidents, “not just a list of consecutive steps.”

They also should bring together key stakeholders and specify end goals.

Jason J. Hogg, CEO, Aon Cyber Solutions

With bad actors becoming increasingly sophisticated and often acting in groups, attack vectors can hit companies from multiple angles simultaneously, meaning a holistic approach is essential, agreed Jason J. Hogg, CEO, Aon Cyber Solutions.

“Collaboration is key — you have to take silos down and work in a cross-functional manner.”

This means assembling a response team including individuals from IT, legal, operations, risk management, HR, finance and the board — each of whom must be well drilled in their responsibilities in the event of a breach.

“You can’t pick your players on the day of the game,” said Hogg. “Response times are critical, so speed and timing are of the essence. You should also have a very clear communication plan to keep the CEO and board of directors informed of recommended courses of action and timing expectations.”

People on the incident response team must have sufficient technical skills and access to critical third parties to be able to make decisions and move to contain incidents fast. Knowledge of the company’s data and network topology is also key, said Legassick.

“Perhaps most important of all,” he added, “is to capture in detail how, when, where and why an incident occurred so there is a feedback loop that ensures each threat makes the cyber defense stronger.”

Cyber insurance can play a key role by providing a range of experts such as forensic analysts to help manage a cyber breach quickly and effectively (as well as PR and legal help). However, the learning process should begin before a breach occurs.

Practice Makes Perfect

“Any incident response plan is only as strong as the practice that goes into it,” explained Mike Peters, vice president, IT, RIMS — who also conducts stress testing through his firm Sentinel Cyber Defense Advisors.

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Unless companies have an ethical hacker or certified information security officer on board who can conduct sophisticated simulated attacks, Peters recommended they hire third-party experts to test their networks for weaknesses, remediate these issues and retest again for vulnerabilities that haven’t been patched or have newly appeared.

“You need to plan for every type of threat that’s out there,” he added.

Hogg agreed that bringing third parties in to conduct tests brings “fresh thinking, best practice and cross-pollination of learnings from testing plans across a multitude of industries and enterprises.”

“Collaboration is key — you have to take silos down and work in a cross-functional manner.” — Jason J. Hogg, CEO, Aon Cyber Solutions

Legassick added that companies should test their plans at least annually, updating procedures whenever there is a significant change in business activity, technology or location.

“As companies expand, cyber security is not always front of mind, but new operations and territories all expose a company to new risks.”

For smaller companies that might not have the resources or the expertise to develop an internal cyber response plan from whole cloth, some carriers offer their own cyber risk resources online.

Evan Fenaroli, an underwriting product manager with the Philadelphia Insurance Companies (PHLY), said his company hosts an eRiskHub, which gives PHLY clients a place to start looking for cyber event response answers.

That includes access to a pool of attorneys who can guide company executives in creating a plan.

“It’s something at the highest level that needs to be a priority,” Fenaroli said. For those just getting started, Fenaroli provided a checklist for consideration:

  • Purchase cyber insurance, read the policy and understand its notice requirements.
  • Work with an attorney to develop a cyber event response plan that you can customize to your business.
  • Identify stakeholders within the company who will own the plan and its execution.
  • Find outside forensics experts that the company can call in an emergency.
  • Identify a public relations expert who can be called in the case of an event that could be leaked to the press or otherwise become newsworthy.

“When all of these things fall into place, the outcome is far better in that there isn’t a panic,” said Fenaroli, who, like others, recommends the plan be tested at least annually.

Cyber’s Physical Threat

With the digital and physical worlds converging due to the rise of the Internet of Things, Hogg reminded companies: “You can’t just test in the virtual world — testing physical end-point security is critical too.”

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How that testing is communicated to underwriters should also be a key focus, said Rich DePiero, head of cyber, North America, Swiss Re Corporate Solutions.

Don’t just report on what went well; it’s far more believable for an underwriter to hear what didn’t go well, he said.

“If I hear a client say it is perfect and then I look at some of the results of the responses to breaches last year, there is a disconnect. Help us understand what you learned and what you worked out. You want things to fail during these incident response tests, because that is how we learn,” he explained.

“Bringing in these outside firms, detailing what they learned and defining roles and responsibilities in the event of an incident is really the best practice, and we are seeing more and more companies do that.”

Support from the Board

Good cyber protection is built around a combination of process, technology, learning and people. While not every cyber incident needs to be reported to the boardroom, senior management has a key role in creating a culture of planning and risk awareness.

David Legassick, head of life sciences, tech and cyber, CNA Hardy

“Cyber is a boardroom risk. If it is not taken seriously at boardroom level, you are more than likely to suffer a network breach,” Legassick said.

However, getting board buy-in or buy-in from the C-suite is not always easy.

“C-suite executives often put off testing crisis plans as they get in the way of the day job. The irony here is obvious given how disruptive an incident can be,” said Sanchez.

“The C-suite must demonstrate its support for incident response planning and that it expects staff at all levels of the organization to play their part in recovering from serious incidents.”

“What these people need from the board is support,” said Jill Salmon, New York-based vice president, head of cyber/tech/MPL, Berkshire Hathaway Specialty Insurance.

“I don’t know that the information security folks are looking for direction from the board as much as they are looking for support from a resources standpoint and a visibility standpoint.

“They’ve got to be aware of what they need and they need to have the money to be able to build it up to that level,” she said.

Without that support, according to Legassick, failure to empower and encourage the IT team to manage cyber threats holistically through integration with the rest of the organization, particularly risk managers, becomes a common mistake.

He also warned that “blame culture” can prevent staff from escalating problems to management in a timely manner.

Collaboration and Communication

Given that cyber incident response truly is a team effort, it is therefore essential that a culture of collaboration, preparation and practice is embedded from the top down.

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One of the biggest tripping points for companies — and an area that has done the most damage from a reputational perspective — is in how quickly and effectively the company communicates to the public in the aftermath of a cyber event.

Salmon said of all the cyber incident response plans she has seen, the companies that have impressed her most are those that have written mock press releases and rehearsed how they are going to respond to the media in the aftermath of an event.

“We have seen so many companies trip up in that regard,” she said. “There have been examples of companies taking too long and then not explaining why it took them so long. It’s like any other crisis — the way that you are communicating it to the public is really important.” &

Antony Ireland is a London-based financial journalist. He can be reached at [email protected] Dan Reynolds is editor-in-chief of Risk & Insurance. He can be reached at [email protected]