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

Risk Scenario

A Recall Nightmare: Food Product Contamination Kills Three Unborn Children

A failure to purchase product contamination insurance results in a crushing blow, not just in dollars but in lives.
By: | October 15, 2018 • 9 min read
Risk Scenarios are created by Risk & Insurance editors along with leading industry partners. The hypothetical, yet realistic stories, showcase emerging risks that can result in significant losses if not properly addressed.

Disclaimer: The events depicted in this scenario are fictitious. Any similarity to any corporation or person, living or dead, is merely coincidental.

PART ONE: THE HEAT IS ON

Reilly Sheehan, the Bethlehem, Pa., plant manager for Shamrock Foods, looks up in annoyance when he hears a tap on his office window.

Reilly has nothing against him, but seeing the face of his assistant plant operator Peter Soto right then is just a case of bad timing.

Sheehan, whose company manufactures ice cream treats for convenience stores and ice cream trucks, just got through digesting an email from his CFO, pushing for more cost cutting, when Soto knocked.

Sheehan gestures impatiently, and Soto steps in with a degree of caution.

“What?” Sheehan says.

“I’m not sure how much of an issue this will be, but I just got some safety reports back and we got a positive swipe for Listeria in one of the Market Streetside refrigeration units.”

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Sheehan gestures again, and Soto shuts the office door.

“How much of a positive?” Sheehan says more quietly.

Soto shrugs.

“I mean it’s not a big hit and that’s the only place we saw it, so, hard to know what to make of it.”

Sheehan looks out to the production floor, more as a way to focus his thoughts than for any other reason.

Sheehan is jammed. It’s April, the time of year when Shamrock begins to ramp up production for the summer season. Shamrock, which operates three plants in the Middle Atlantic, is holding its own at around $240 million in annual sales.

But the pressure is building on Sheehan. In previous cost-cutting measures, Shamrock cut risk management and safety staff.

Now there is this email from the CFO and a possible safety issue. Not much time to think; too much going on.

Sheehan takes just another moment to deliberate: It’s not a heavy hit, and Shamrock hasn’t had a product recall in more than 15 years.

“Okay, thanks for letting me know,” Sheehan says to Soto.

“Do another swipe next week and tell me what you pick up. I bet you twenty bucks there’s nothing in the product. That swipe was nowhere near the production line.”

Soto departs, closing the office door gingerly.

Then Sheehan lingers over his keyboard. He waits. So much pressure; what to do?

“Very well then,” he says to himself, and gets to work crafting an email.

His subject line to the chief risk officer and the company vice president: “Possible safety issue: Positive test for Listeria in one of the refrigeration units.”

That night, Sheehan can’t sleep. Part of Shamrock’s cost-cutting meant that Sheehan has responsibility for environmental, health and safety in addition to his operations responsibilities.

Every possible thing that could bring harmful bacteria into the plant runs through his mind.

Trucks carrying raw eggs, milk and sugar into the plant. The hoses used to shoot the main ingredients into Shamrock’s metal storage vats. On and on it goes…

In his mind’s eye, Sheehan can picture the inside of a refrigeration unit. Ice cream is chilled, never really frozen. He can almost feel the dank chill. Salmonella and Listeria love that kind of environment.

Sheehan tosses and turns. Then another thought occurs to him. He recalls a conversation, just one question at a meeting really, when one of the departed risk management staff brought up the issue of contaminated product insurance.

Sheehan’s memory is hazy, stress shortened, but he can’t remember it being mentioned again. He pushes his memory again, but nothing.

“I don’t need this,” he says to himself through clenched teeth. He punches up his pillow in an effort to find a path to sleep.

PART TWO: STRICKEN FAMILIES

“Toot toot, tuuuuurrrrreeeeeeeeettt!”

The whistles of the three lifeguards at the Bradford Community Pool in Allentown, Pa., go off in unison, two staccato notes, then a dip in pitch, then ratcheting back up together.

For Cheryl Brick, 34, the mother of two and six-months pregnant with a third, that signal for the kids to clear the pool for the adult swim is just part of a typical summer day. Right on cue, her son Henry, 8, and his sister Siobhan, 5, come running back to where she’s set up the family pool camp.

Henry, wet and shivering and reaching for a towel, eyes that big bag.

“Mom, can I?”

And Cheryl knows exactly where he’s going.

“Yes. But this time, can you please bring your mother a mint-chip ice cream bar along with whatever you get for you and Siobhan?”

Henry grabs the money, drops his towel and tears off; Siobhan drops hers just as quickly, not wanting to be left behind.

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“Wait for me!” Siobhan yells as Henry sprints for the ice cream truck parked just outside of the pool entrance.

It’s the dead of night, 3 am, two weeks later when Cheryl, slumbering deeply beside her husband Danny, is pulled from her rest by the sound of Siobhan crying in their bedroom doorway.

“Mom, dad!” says Henry, who is standing, pale and stricken, in the hallway behind Siobhan.

“What?” says Danny, sitting up in bed, but Cheryl’s pregnancy sharpened sense of smell knows the answer.

Siobhan, wailing and shivering, has soiled her pajamas, the victim of a severe case of diarrhea.

“I just barfed is what,” says Henry, who has to turn and run right back to the bathroom.

Cheryl steps out of bed to help Siobhan, but the room spins as she does so.

“Oh God,” she says, feeling the impact of her own attack of nausea.

A quick, grim cleanup and the entire family is off to a walk-up urgent care center.

A bolt of fear runs through Cheryl as the nurse gives her the horrible news.

“Listeriosis,” says the nurse. Sickening for children and adults but potentially fatal for the weak, especially the unborn.

And very sadly, Cheryl loses her third child. Two other mothers in the Middle Atlantic suffer the same fate and dozens more are sickened.

Product recall notices from state regulators and the FDA go out immediately.

Ice cream bars and sandwiches disappear from store coolers and vending machines on corporate campuses. The tinkly sound of “Pop Goes the Weasel” emanating from mobile ice cream vendor trucks falls silent.

Notices of intent to sue hit every link in the supply chain, from dairy cooperatives in New York State to the corporate offices of grocery store chains in Atlanta, Philadelphia and Baltimore.

The three major contract manufacturers that make ice cream bars distributed in the eight states where residents were sickened are shut down, pending a further investigation.

FDA inspectors eventually tie the outbreak to Shamrock.

Evidence exists that a good faith effort was underway internally to determine if any of Shamrock’s products were contaminated. Shamrock had still not produced a positive hit on any of its products when the summer tragedy struck. They just weren’t looking in the right place.

PART THREE: AN INSURANCE TANGLE

Banking on rock-solid relationships with its carrier and brokers, Shamrock, through its attorneys, is able to salvage indemnification on its general liability policy that affords it $20 million to defray the business losses of its retail customers.

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But that one comment from a risk manager that went unheeded many months ago comes back to haunt the company.

All three of Shamrock’s plants were shuttered from August 2017 until March 2018, until the source of the contamination could be run down and the federal and state inspectors were assured the company put into place the necessary protocols to avoid a repeat of the disaster that killed 3 unborn children and sickened dozens more.

Shamrock carried no contaminated product coverage, which is known as product recall coverage outside of the food business. The production shutdown of all three of its plants cost Shamrock $120 million. As a result of the shutdown, Shamrock also lost customers.

The $20 million payout from Shamrock’s general liability policy is welcome and was well-earned by a good history with its carrier and brokers. Without the backstop of contaminated products insurance, though, Shamrock blew a hole in its bottom line that forces the company to change, perhaps forever, the way it does business.

Management has a gun to its head. Two of Shamrock’s plants, including Bethlehem, are permanently shuttered, as the company shrinks in an effort to stave off bankruptcy.

Reilly Sheehan is among those terminated. In the end, he was the wrong person in the wrong place at the wrong time.

Burdened by the guilt, rational or not, over the fatalities and the horrendous damage to Shamrock’s business. Reilly Sheehan is a broken man. Leaning on the compassion of a cousin, he takes a job as a maintenance worker at the Bethlehem sewage treatment plant.

“Maybe I can keep this place clean,” he mutters to himself one night, as he swabs a sewage overflow with a mop in the early morning hours of a dark, cold February.

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Risk & Insurance® partnered with Swiss Re Corporate Solutions to produce this scenario. Below are their recommendations on how to prevent the losses presented in the scenario. This perspective is not an editorial opinion of Risk & Insurance.®.

Shamrock Food’s story is not an isolated incident. Contaminations happen, and when they do they can cause a domino effect of loss and disruption for vendors and suppliers. Without Product Recall Insurance, Shamrock sustained large monetary losses, lost customers and ultimately two of their facilities. While the company’s liability coverage helped with the business losses of their retail customers, the lack of Product Recall and Contamination Insurance left them exposed to a litany of risks.

Risk Managers in the Food & Beverage industry should consider Product Recall Insurance because it can protect your company from:

  • Accidental contamination
  • Malicious product tampering
  • Government recall
  • Product extortion
  • Adverse publicity
  • Intentionally impaired ingredients
  • Product refusal
  • First and third party recall costs

Ultimately, choosing the right partner is key. Finding an insurer who offers comprehensive coverage and claims support will be of the utmost importance should disaster strike. Not only is cover needed to provide balance sheet protection for lost revenues, extra expense, cleaning, disposal, storage and replacing the contaminated products, but coverage should go even further in providing the following additional services:

  • Pre-incident risk mitigation advocacy
  • Incident investigation
  • Brand rehabilitation
  • Third party advisory services

A strong contamination insurance program can fill gaps between other P&C lines, but more importantly it can provide needed risk management resources when companies need them most: during a crisis.



Dan Reynolds is editor-in-chief of Risk & Insurance. He can be reached at [email protected]