A quarterly newsletter of the Archdiocese of New York Office of Insurance Services designed to increase risk management awareness and safety.January 2012

SpanishVersionNowAvailableThe Risk Management Quarterly Newsletter is now available in both English and Spanish. Please visit the Archdiocese of NY online at: http://www.archny.org/insurance

The value of the risk inspection program cannot be stressed enough. It has become a significant factor in reducing the number and severity of accidents, and has helped all of our churches, schools and ministries become safer places to worship, study, live and work.

There are no plans to change the risk inspection program going forward. In fact, our focus is to become more helpful to your parish, school and ministries. This year, some locations will see a new risk inspector from Catholic Mutual Group. Changing risk inspectors will provide you with a fresh set of eyes and a broader sense of awareness. It is our service goal to have a new inspector visit most, if not all, locations over the next three to five years.

The risk inspection program is not intended to penalize you for having more identifiable hazards than any other location. Its purpose is to put risk management and safety into sharper focus. We realize that church, school and ministry resources can be limited and vary from location to location. By creating a greater awareness of issues that impact safety and risk management, the inspection program will make your efforts to mitigate hazards more productive. Already, we see a greater number of pastors, principals and ministry directors participating

in the annual inspection. Some pastors in new assignments ask us to conduct a risk inspection to help them become more familiar with the grounds and facilities.

The inspection entails a thorough examination of the buildings and grounds of the facility. Four to six weeks after the inspection, we send a comprehensive report to the pastor, principal or ministry director, identifying hazards and making safety recommendations. We expect the recipient to respond with an intended action plan within 60 days. Generally, there are items completed before the response report is returned. Understandably, some remediation must be delayed because of funding or seasonal reasons. Nonetheless, thanks to your outstanding collective compliance efforts, more than 80 percent of the inspection reports are returned within 60 to 90 days. This compliance rate meets or exceeds our peer arch/dioceses that also participate in the Catholic Mutual Group risk inspection program.

We look forward to increasing the value of our risk management services to your church, school or ministry. Please let us give you information and resources to reduce your risks and become more safety savvy. Contact us at 646-794-3024. n

RiskInspection ProgramsA decade has passed since the risk management inspection program was first implemented as a requirement for participation in the Archdiocesan Insurance Program. Initially, there was considerable skepticism about the program; however, its value became more apparent as our service team continued to collaborate with you on matters of general safety.

Didyouknow…

90% of claims are from slips, trips and falls?

Our risk inspection programs are designed to help you identify and prevent safety hazards in your facility.

“Thank you for your help! The insurance people and contractors were at our school during and after the storm. Their hard work and dedication was evident, as they worked around the clock to ensure that Guardian Angel School was ready to open on time for the first day of school. It was a great assurance and comfort knowing they were there. This was all done in a professional and timely matter.”

Msgr. Michael Hull, Pastor Maureen McElduff, Principal Guardian Angel Parish

2 A r c h d i o c e s e o f N e w Y o r k : r i s k M A N A g e M e N t Q u A r t e r l Y

WhatisCopyright?Copyright refers to the legal ownership

an artist or author has over any original work that he or she produces. It automatically goes into effect the moment an image or piece of music is created in fixed form. Only the copyright owner may give permission for the work to be copied, displayed or performed publicly. Typically, a copyright owner will request attribution and a small fee.

CopyrightedImagesThe term “images” applies to clipart,

photographs, graphic art, maps, posters, cartoons, architectural drawings, fine art and other graphical works. All are protected by copyright law. Sometimes images are made available for “royalty-free” use. As such, these images may be used without the need to pay royalties for each use, or the images may be used for a defined time period.

A common example is the Microsoft Clipart collection, for which the End-User License Agreement allows royalty-free use of the collection for non-commercial purposes. There are also many reputable websites offering royalty-free “stock” images for a nominal fee of $10 to $15 per image.

CopyrightedMusicUnder copyright law, “music” is a

work that contains a fixed series of musical or spoken sounds. Before using a piece of liturgical music or printing the words contained therein, parishes should obtain permission from the creator or publisher of the piece.

Sometimes a single musical composition is the collaborative effort of several authors, such as a composer, lyricist and instrumentalist, in which case each may hold a copyright. If this is the case, permission is required from each copyright holder. Publishers such as OCP, GIA and J.S. Paluch have obtained the individual copyright holders’ permission for their collections of

musical works and can provide parishes with a single license to use these collections. Parishes generally pay a one-time or annual fee for these licenses.

PerformancesPerformances of plays and scripts are also

protected by copyright law. If your parish or school intends to publicly perform a play or other copyrighted work, please confirm that your organization is authorized to do so by the publisher or copyright holder.

FairUseFair Use, or the use of a portion of a

copyrighted work without the copyright holder’s consent, involves a difficult distinction that is not easily defined and is therefore best avoided. If you would like to learn more about Fair Use, consult the U.S. Copyright Office’s website at: www.copyright.gov/fls/fl102.html

WhenDoesaCopyrightExpire?

For works created after January 1, 1978, the copyright lasts until the death of the artist plus another 70 years. Anonymous works have a 95-year lifespan from the date of publication or a 120-year lifespan from the moment of creation. For works published before 1978, consult the publisher for details. Once the copyright expires, the work enters the public domain and may be used without permission (most works published before 1923 are now available).

HowDoIObtainPermission?

Assuming the work is not in the public domain, you should contact the copyright owner or publisher and request permission to reproduce the work. If you do not know who holds the copyright, you can search the records of the Copyright Office on their website at www.copyright.gov/records/.

When requesting permission or a license, be as specific as possible about your intended use. You will want to confirm whether the license is a one-time deal or perpetual; if it is not perpetual, you will have to ask again if you want to make additional copies once the licensed quantity or time period has been exceeded.

PotentialPenaltiesIllegally copied work, also known as

copyright infringement, exposes parishes to lawsuits. The copyright holder may claim actual or statutory damages of up to $100,000, plus any attorney fees.

WheninDoubtIf you have any questions or concerns

about the use of copyrighted material, please do not hesitate to contact the Legal Affairs Office at 212-371-1011, ext. 2440. n Author: Kyera Giannini

© Copyright 2012 Bree Publishing

Parishesand Copyright Law Copyright law poses a potential financial risk for parishes when images, music and scripts are illegally published or performed. In order to avoid penalties, and to assure the appropriate degree of respect for the work of others, it is critical to be aware of how parishes can avoid infringement and legally use copyrighted works.

Workers’CompensationPayrollAudit

All employers must complete the 2011 annual workers’ compensation payroll audit for the insurance carrier and the New York State Workers’ Compensation Board.

At the end of January, you will receive the form. We ask that you fill it out and return it with copies of the W-2’s no later than February 29, 2012.

r c A B : r i s k M A N A g e M e N t Q u A r t e r l Y 3A r c h d i o c e s e o f N e w Y o r k : r i s k M A N A g e M e N t Q u A r t e r l Y

ArchdioceseofNewYorkRiskManagementQuarterly 212-371-1000ext.2626

n Publisher: Roman Catholic Archdiocese of New York n Produced by: Bree Publishing

If you have any questions, comments or topic requests for future newsletters, please email edward.reigadas@archny.org

RegularMaintenanceTo ensure healthy growth, water and

mulch trees regularly. Water beneath the foliage of the tree in a circle three feet from the trunk and let the water seep in rather than run off. Aim for moist, not wet. Inspect trees at least four times a year. Check for any rot, decay or fungus and address problems immediately to prevent weak trunks and roots. Cracks along a limb indicate a weak branch that should be removed.

SeasonalMaintenanceBy far the most important aspect of

tree care, pruning is also the most difficult. Pruning is the tree equivalent of a doctor’s visit: cleaning out dead branches and cutting back limbs to encourage growth. It is best to prune at the appropriate time of year. For flowering trees, prune upon completion of budding. For other types of trees, prune in the winter (usually February) while the root system is dormant.

Prune the inside branches to thin out a tree; avoid cutting off the top branches to reduce height (topping) and never cut random lateral branches to restrict width (tipping). Keep all tools sanitized to prevent the spread of disease. Focus on removing dead or dying branches and thinning out thick areas to facilitate air flow. However, because of the danger to unskilled tree pruners and the specific techniques required, consider hiring a trained arborist.

AfteraStormAlways inspect trees for loose or fallen

limbs after a storm. Never remove limbs that have electrical wires running through them; call your electricity provider instead. Any work requiring chainsaws, or work done off the ground, should be performed by a profes-sional. If you are using a chainsaw, however, be sure to wear the proper gear (hard hat, leather gloves and eye and ear protection.)

HiringanArboristIt is potentially fatal to prune a large

tree without proper training. In addition, improper maintenance can lead to weak and unsafe trees. An arborist is a tree specialist with the ability to care for the tree, remove it when necessary and perform emergency services after a storm. It is fiscally prudent to hire a certified arborist to prune the trees and perform annual inspections.

Make sure the person or company you hire is licensed and insured for property damage, personal liability and workers’ compensation. Obtain a certificate of insur-ance that names your parish/institution, the Archdiocese and the Archbishop as additional insureds.

AdvancedPlanning:SelectingandPlantingaTree

If you intend to plant trees on your property, consider a tree species that grows well in the type of soil, shade and water levels on the property. Your tree will be more likely to thrive in its new location if you perform a proper site assessment beforehand.

Look for a strong tree with healthy leaves, good foliage color, well-attached bark and a single trunk. Trees prone to certain insects or fungal infections need expensive products to stay healthy and are best avoided. Fast-growing trees require more care because of their weak limbs and trunks. Since a tree’s structure determines its ability to withstand wind and ice storms, take into account the shape and size of the mature tree before making your selection.

When planning your landscape, avoid placing the tree too close to buildings, fences, wires and ornamental structures. Find out the size of the full-grown adult tree and use that as your guide when considering placement. Remember that leaves will fill gutters and roots will crack pavement.

Watering is especially important for trans-planted trees; too much or too little water after transplanting is a major cause of tree loss. Thoroughly water the area immediately after planting and continue to monitor it to prevent the area from drying out. Spread a two- to three- inch layer of mulch over the soil to trap in moisture, but leave a little circle of breathable soil around the trunk of the tree.

For more tips on tree selection and planting, please see the NY State Department of Environmental Conservation website: www.dec.ny.gov/lands/5303.html

ExtraSupportSometimes a tree needs a little structural

support, even when properly maintained. If a tree has one or more “V” splits in the trunk (known as crotches), it is likely to break at those junctures. Long, thickly branched limbs that bend downward and a weak root system also present higher risks. Prevent damage by pruning, staking or installing bracing rods or cabling. It may be necessary to remove trees that continue to present safety hazards.

PropertyInsuranceEach year we receive numerous calls

to report downed trees following a severe storm. It is important to keep in mind that property insurance coverage does not extend to the removal of downed trees in the open. The only time coverage may be available for downed tree removal is when the tree actually falls and causes damage to a covered structure such as a rectory, school or church building. Removing downed or compromised trees can be quite costly. The general price range is $1,500 to $5,000 per tree. Therefore, a comprehensive tree care plan can also help reduce your organization’s exposure to an uninsured expense. n

Author: Kyera Giannini © Copyright 2012 Bree Publishing

Tree MaintenanceCareful tree selection, proper placement and regular maintenance vastly decrease the financial repercussions of tree damage after hurricanes and storms. Nearby buildings and structures are at high risk when a sickly or poorly pruned tree loses a limb, uproots or whips into wires. Take steps to prevent damage by considering the tree species and placement, and then continue preemptive damage control with regular maintenance and a skilled arborist.

4 A r c h d i o c e s e o f N e w Y o r k : r i s k M A N A g e M e N t Q u A r t e r l Y

Insurance Q&AsQ:WhatconcernsshouldIhavewhenplanningaparishfestivalorcarnival?A: Parish festivals and carnivals are intended to be fun for everyone; however, these events come with great risks. Carnival entertainment

companies that provide food, rides, games and other fun-filled activities need to be properly insured, and they must agree to protect your church, school or ministry from the risks associated with the services they provide. The Insurance Services Office and the Catholic Mutual Group service team will provide you with the standard insurance and contractual liability requirements, and we can visit with your event planning team prior to the event to help make sure the necessary protections are in place. Contact Ron Brophy with Catholic Mutual Group at 914-968-6200, or by email at ron.brophy@archny.org for more information.

Q: DoIneedtorequestaninsurancecertificateeverytimeaservicecontractor,suchasanelectricianorplumber,performsworkatmychurch,schoolorministry?

A: The correct answer is yes. However, trying to manage multiple certificates can be extremely difficult, creating opportunities for errors. The best way to manage the insurance information for routine vendors and contractors is by securing an annual service agreement in addition to a valid certificate of insurance. The Insurance Services Office and the Catholic Mutual Group service team can provide you with the proper service agreement form which includes the insurance requirements that will adequately protect your church, school or ministry for a defined period of time. This way, service agreement renewals can be tied to insurance policy renewals on an annual basis. Many parishes have taken this approach and have found it much easier to manage. Contact Joseph DeLeo with Catholic Mutual Group at 212-371-1000, or by email at joseph.deleo@archny.org for more information.

Boilers & Heating Systems .........Oct-10

Bus Rentals ................................. Jul-10

Carbon Monoxide ...................... Jul-11

Carnivals & Fairs ........................Apr-10

Claims Management & Reporting ................................Jan-10

Cold Weather Checklist ................... Oct-10, Oct-11

Distracted Driving ......................Jan-10

Electrical Extension Cords ........Apr-11

Ergonomics in the Workplace ....Apr-11

Fire Safety & Prevention .............Jan-10

Fraud Hotline ............................Oct-10

Fraud Prevention ........................ Jul-10

Grounds Safety Checklist ...........Jan-11

Hold Harmless Agreements .......Apr-11

Importance of Timely Claim Reporting .....................Oct-11

Internet, Email & Social Network Liability Concerns ...................Jan-11

Ladder Safety .............................. Jul-11

Lightning: Beating the Odds ....... Jul-11

Maintaining A Safe Environment ..........................Oct-10

Mold Prevention/Remediation ... Jul-10

Music Copyright Knowledge.....Oct-11

National School Safety Contest ........................Oct-11

Non-Parish Use of Parish Premises ....................... Jul-10

Phishing Scams ........................... Jul-11

Playground Safety ......................Apr-10

Preventing Vandalism ................Apr-10

Proper Lifting ............................Oct-11

Protect Your Laptop ...................Oct-10

Safe Winter Driving .....................Jan-11

Snow and Ice Removal Plan ..........................Jan-11

Spring Checklist ...........Apr-10, Apr-11

Sunscreen Safety ......................... Jul-11

Understanding Contractual Risks ....................Jan-10

What is Workers’ Compensation ........................Apr-11

A quarterly newsletter of the Archdiocese of New York Office of Insurance Services designed to increase risk management awareness and safety.

January 2011

Elements of the plan should include these actions:� Determine and document the priorityareas for snow and ice removal in advance,such as parking lots and sidewalks.� Put the necessary snow/ice removal equipment in place and make sure it isoperational.

� Order the necessary supplies and designatean employee or volunteer to ensure yourstock does not run low.� Determine which staff member or volunteer will be responsible for removingthe snow/ice and under what conditions,i.e. when snowfall is less than two inches.In the event of overnight snow storms,document the time in which the staffmember or volunteer will begin snowremoval work the following morning.� Document the procedure for working with a snow removal service.� Ensure that a communication plan is inplace to let employees and volunteersknow about delayed openings or closures.

Contracting with a Snow Removal ServiceThe amount of snowfall and the size ofyour grounds will determine whether snowremoval can be done by an employee orvolunteer, or whether you will need theservices of a snow removal contractor.Generally, when the snowfall is greater

than two inches, the use of a contractor isrecommended.It is good practice to contract with asnow removal contractor in advance. Specifyin the contract when the contractor isrequired to perform duties. Is the parishrequired to contact the contractor, or does the

contractor begin after a specified amount ofsnowfall? Include other requirements, such aswhether salt or ice melt is to be applied andto which areas.

Be sure the contract includes the provision that your parish, ministry and theArchdiocese of New York are to be defended,indemnified and held completely harmlessfrom all claims resulting from the contractor’ssnow removal services. Also, secure a certificate of general liability insurance fromthe contractor naming your parish or ministry

and the Archdiocese of New York as AdditionalInsureds with a minimum limit of $1Millionper occurrence.

The term of the contract should be forone year without an automatic renewal.Review the contract and assess the service atthe end of each winter and make a decision atthat time about renewing the contract.Post the contractor’s contact informationin a common work location and check thecontact details at the beginning of eachwinter season to be sure they are current.Safe Shoveling TipsThe National Safety Council and theAmerican Heart Association offer thefollowing tips for safe shoveling:

� Check with your doctor. If you have ahistory of heart trouble, do not shovelwithout a doctor's permission. � Avoid caffeine and nicotine beforebeginning. These are stimulants, whichmay increase your heart rate and causeyour blood vessels to constrict. This placesextra stress on the heart.� Warm up your muscles. Shoveling canbe a vigorous activity. Before you begin,warm up with ten minutes of lightexercise.� Shovel fresh snow. Freshly fallen,powdery snow is easier to shovel than thewet, packed-down variety. � Push the snow as you shovel. It's easieron your back than lifting the snow out ofthe way.

� Don't pick up too much at once. Use alight shovel, e.g. aluminum. Use a smallshovel, or fill only one-fourth or one-half ofa large one. � Lift with your legs bent, not yourback. Keep your back straight. By bendingand "sitting" into the movement, you'llkeep your spine upright and less stressed.Your shoulders, torso and thighs can dothe work for you.

� Take it slow! Shoveling (like liftingweights) can raise your heart rate andblood pressure dramatically, so paceyourself.

Snow and IceRemoval PlanAll facilities are encouraged to prepare for wintersnowstorms by having a snow and ice removal plan inplace. First, it is suggested that you designate a specificemployee or volunteer, and a backup, to be responsiblefor overseeing the snow and ice removal plan. Second,document the plan in writing and review it with all staffbefore the winter snow season begins.

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IndexofNewsletterArticlesJanuary 2010-PresentYou can access all of these articles online at www.archny.org/insurance