Radon is a naturally occurring radioactive gas released from soil and rock. It moves upward through the ground and enters buildings through foundation cracks, floor drains, sump pits, and utility openings. Once inside, it can accumulate—especially in lower levels or enclosed spaces—and long-term exposure carries serious health consequences.

Health officials radon contributes to about 21,000 lung cancer deaths each year in the United States, making it the second leading cause of lung cancer overall and the leading cause among people who have never smoked.

Where Time Indoors Shapes Risk

Radon risk is less about job title and more about time spent inside buildings.

Healthcare professionals working extended shifts. Manufacturing teams operating near ground level. Construction crews occupying newly enclosed or temporary structures as projects progress. In each case, exposure potential increases simply because people are present for long stretches in spaces where radon can build up.

Environmental data that nearly 1 in 15 U.S. homes has elevated radon levels, and similar conditions have been documented in schools, hospitals, offices, and industrial facilities across all 50 states. Radon levels can vary widely—even between buildings next door to one another—making testing the only reliable way to understand risk.

A Hidden Risk That Builds Over Time

Radon’s impact isn’t immediate. Its risk grows gradually, over years of exposure, which is why public health experts emphasize early identification and control.

To put the risk in human terms: for every modest increase in long-term radon exposure, the chance of developing lung cancer rises noticeably. International health authorities that sustained exposure at higher levels can raise lung cancer risk by roughly 15–20%, depending on duration and concentration—similar to adding another long-term health risk into the environment where people spend much of their working lives. From a workplace perspective, that makes radon a measurable and manageable risk—especially when addressed early.

“Radon often comes into focus during renovations, expansions, or changes in how space is used,” said Eric Austin, Risk Management Expertise at 91șÚÁÏÍű. “Those moments create a natural opportunity to test, assess, and address exposure as part of a broader safety conversation.”

From Testing to Confidence

Public health guidance is consistent on one point: testing is the only way to know radon levels. Short-term tests offer an initial snapshot, while long-term testing provides a clearer picture of ongoing exposure. Radon exposure at work most often occurs in areas closest to the ground—such as basements and lower levels—particularly where ventilation is limited. Because radon has no smell or visible warning signs and levels can change over time, periodic testing of occupied ground-level spaces is essential.

When elevated levels are identified, proven mitigation techniques—such as improved ventilation or sub-slab depressurization systems— indoor radon levels by as much as 99% when properly designed and installed. Reviewing test results against established action levels helps organizations determine when these straightforward steps can significantly reduce exposure and protect employees’ long-term health.

At 91șÚÁÏÍű, Risk Management teams help agents and policyholders consider environmental risks like radon alongside more familiar workplace hazards. That may include guidance on when testing makes sense, how to interpret results, and how indoor air quality fits into broader risk management strategies for construction, manufacturing, and healthcare operations.

This is where awareness turns into confidence—and prevention becomes practical.

A Week to Reassess What Matters

Radon Awareness Week is a reminder that workplace safety extends beyond what’s visible or immediate. It includes the conditions people experience every day, over time, inside the buildings where work gets done. Organizations that address radon proactively protect long-term health, strengthen trust with employees, and demonstrate leadership that looks beyond the obvious.

To learn how 91șÚÁÏÍű’s Risk Management experts can help you assess and address radon risks in the workplace, visit 91șÚÁÏÍű.com or connect with your Risk Management expert.

The information provided in this newsletter does not, and is not intended to, constitute legal or financial advice; instead, all information, content, and materials contained in each article are for general informational purposes only.

Most workplace injuries don’t come from rare, catastrophic events. They often occur in familiar moments — climbing a ladder, servicing equipment, moving materials, or working at height on a busy day. When pace and routines speed up, even the strongest safety practices can lose focused attention.

That reality is reflected in this year. For the 15th straight year, fall protection leads the list, followed by hazards tied to everyday work across construction, manufacturing, and healthcare environments.

Taken together, these citations paint a clear picture of where risk continues to surface in routine work — not because safety is ignored, but because it can be challenged by changing conditions, time pressure, and familiarity.

Focused on Where Risk Shows Up

1. Fall Protection – 5,914
2. Hazard Communication – 2,546
3. Ladders – 2,405
4. Lockout/Tagout – 2,177
5. Respiratory Protection – 1,953
6. Fall Protection Training Requirements – 1,907
7. Scaffolding – 1,905
8. Powered Industrial Trucks – 1,826
9. Eye and Face Protection – 1,665
10. Machine Guarding – 1,239

These patterns align with broader national injury trends. Recent federal labor that falls, overexertion, and contact with equipment continue to account for a significant share of serious workplace injuries and days away from work — disrupting operations and affecting workers across industries.

Where Focus Becomes Action

Organizations that see progress treat this list as a working guide. They stay close to how tasks are performed, refresh training as conditions change, and reinforce expectations before issues arise. That might mean revisiting ladder setup and inspections after schedules shift, reinforcing lockout/tagout procedures during maintenance periods, or re-emphasizing fall protection as crews rotate or job sites evolve.

That same approach shapes 91șÚÁÏÍű’s engagement across the safety landscape — including active participation alongside organizations like the (NSC), where emerging research, real-world data, and field-tested solutions help inform how safety is practiced — not just documented.

“OSHA’s Top 10 doesn’t surprise many of us—but it does remind us where risk continues to surface,” said Ashley Parker, Risk Management Manager at 91șÚÁÏÍű. “Most hazards emerge in everyday work, not isolated events. When leaders pair national insights with what front-line workers are actually experiencing, prevention becomes proactive instead of just compliant.”

Looking Ahead

OSHA’s Top 10 list offers clarity — not as a compliance exercise, but as a reminder of where focused attention delivers the greatest return. Each category represents an opportunity to strengthen habits, protect people, and support steady operations. When prevention is built into how work actually happens, these insights help organizations focus their efforts where they matter most.

91șÚÁÏÍű’s Risk Management experts work alongside agents and policyholders to translate these insights into practical, site-specific action—drawing from field experience, national safety research, and like those outlined in OSHA’s construction and general industry regulations

To learn how 91șÚÁÏÍű’s Risk Management team can help strengthen your safety program, reach out to your 91șÚÁÏÍű Risk Management expert.

Yet the businesses that fare best each winter aren’t simply lucky. They succeed because they prepare early, respond quickly, and build habits around treating winter slips and falls not as inevitabilities—but as preventable, manageable risks.

Below is a winter safety framework designed to empower organizations to stay ahead of the season, protect their people, and reinforce the kind of operational resilience that pays dividends long beyond the thaw.

Stronger Practices

1. An Emergency Response TeamÌę

When winter weather shifts, the timing matters. Conditions can deteriorate in minutes, not hours, and risk escalates just as quickly. Organizations that designate a —even a small one—gain a decisive advantage.

This team monitors live updates from the and regional forecast offices, watching for winter storm warnings, freeze advisories, and wind chill alerts that directly correlate with elevated slip-and-fall hazards. Their role is simple but powerful: communicate early, activate protocols quickly, and give leadership real-time situational awareness.

“Winter safety starts long before anyone steps outside,” says Scott Pike, Risk Management Expertise Specialist at 91șÚÁÏÍű.

“When your organization pays attention to the early indicators—dropping temperatures, shifting forecasts, the first signs of refreeze—you’re able to get ahead of the conditions instead of being caught off-guard. That kind of preparation isn’t complicated; it’s simply paying attention in a way that makes everyday movement safer for everyone.”

2. Winter-Ready Buildings

Ice doesn’t appear out of nowhere—it forms from runoff, refreeze, poor drainage, and unseen wear-and-tear. A seasonal inspection can reveal the small issues that create the biggest risks. A strong winter readiness check should cover:

• Handrails that stay steady when everything else is slick. Stable rails reduce injury severity and remain a core expectation within federal safety guidelines.
• Gutters and downspouts that move water away—not onto—walkways. Blocked or damaged gutters can send water straight onto walking paths, where it refreezes into black ice by dawn.
• Drains kept clear of leaves and debris. Clogged drains allow meltwater to pool across sidewalks and entryways, freezing into wide, nearly invisible sheets.
• Exterior lighting that turns dark corners into safe pathways. Adequate illumination is one of winter’s greatest risk-reducers, emphasized across federal and state safety recommendations.

These aren’t dramatic fixes—but they are deeply effective. Winter safety is strengthened long before the first snow arrives.

3. Snow & Ice Removal

When snow piles up, the clock starts. Delayed removal leads directly to injury spikes, access problems, and business disruptions. A strong winter safety program includes:

• Clear access for emergency crews: Hydrants, standpipes, and hose connections visible and unobstructed for rapid response. Snowdrifts shouldn’t hide lifesaving equipment.
• Salt, sand, and traction materials stocked at every entrance: Quick access to traction agents allows staff to address developing hazards before slip-and-falls occur.
• Well-maintained interior mats and clear “Wet Floor” signage: Water-absorbent mats can prevent the tracked-in meltwater that often leads to lobby falls. Curled or bunched mats—common in winter—should be replaced immediately to avoid trip hazards. Floor mats inside of doors that are saturated with water should be replaced often, and water on the floor around the mats should be mopped up regularly.
• Emergency exits: Emergency and secondary exits must be checked to make sure that ice on the exterior does not keep the door from opening. Sidewalks from emergency exits should be kept clear of ice and snow as this can slow emergency egress from the building.

These show-not-tell practices help employees and visitors see that safety is not an annual campaign—it’s a daily choice. Each action reinforces a culture where winter hazards are handled with intention, not reaction.

“Many winter slip-and-falls happen in the everyday areas of operation—entryways, curbs, loading zones, the walk from the parking lot,” Pike notes. “When these spaces are cleared, drained, and well-lit, people instinctively move with more confidence.”

“It’s not always about big interventions—it’s about the consistent care that prevents the small hazards from becoming bigger ones.”

Looking Ahead

Winter doesn’t have to weaken operations or morale. With a thoughtful plan, consistent inspections, and proactive mitigation, organizations can dramatically reduce slip-and-fall incidents and create safer, more confident pathways for employees and guests.

At 91șÚÁÏÍű, we partner with businesses across construction, manufacturing, and healthcare to strengthen their winter safety strategies, reinforce day-to-day readiness, and build cultures that move with intention—even when the ground beneath them is unpredictable.

To explore more or connect with an 91șÚÁÏÍű Risk Management professional, visit our website.

The information provided does not, and is not intended to, constitute legal or financial advice; instead, all information, content, and materials contained in each article are for general informational purposes only.

Evaluating a product liability program is critical for any business that manufactures products for sale to both businesses and individuals. If the products are consumer goods or play a critical role in another product, the liability program, quality control and product documentation should be considered fundamental to the business. The potential risks associated with defective products can lead to significant financial losses, legal repercussions and damage to a company’s reputation. This article explores the essential components and best practices for assessing and strengthening your product liability program to mitigate risks and enhance overall safety.

Understanding Product Liability

Products liability refers to the legal responsibility of manufacturers, distributors, suppliers and retailers for any injuries or damages caused by defective products. Although nearly any aspect of a product can lead to liability claims, there are three main categories:

Design Defect: Occurs when a product is inherently unsafe due to its design, even if it is manufactured perfectly according to specifications. This type of defect suggests that the product could have been designed more safely, and its inherent risks outweigh its benefits.

Manufacturing Defect: Arises when a product deviates from its intended design during production, making it dangerous or unusable. This could happen due to errors in the assembly process, use of substandard materials, or other issues that occur while the product is being made.

Duty to Warn and Instruct: Involves the obligation of manufacturers and sellers to provide adequate instructions and warnings about the potential risks associated with using a product.

For example, if a product has dangers that are not obvious to the consumer, the company must inform users of these risks to avoid liability for injuries caused by the product.

A product liability program is designed to prevent defects from reaching the consumer, manage risks associated with product use and minimize the financial impact of any claims that arise. Evaluating a program not only addresses the issues identified with the three categories listed above but also monitors changes in the legal environment, new standards that supersede existing ones, and different state by state rules, or even standards in other countries.

“It’s not just about the product itself—it’s about the processes, documentation and communication behind it,” says Eric Austin, Risk Management Expertise Specialist at 91șÚÁÏÍű. “A solid liability program is like a safety net. Without it, a slight oversight can have significant financial and reputational consequences.”

Methods of Evaluating Product Liability Programs

To evaluate the effectiveness of a product liability program, organizations should focus on several key metrics that provide insight into the program’s performance. These metrics can be broadly categorized into preventive, reactive, and financial metrics.

Preventive Metrics: Focus on measures to prevent defects and ensure product safety before products reach the market. These include:

• Complaints and Warranty Issues: Prior to a product failure, a company may receive complaints about the performance of a product or part, or there may be warranty issues. Although a company may not like paying out warranty claims or listening to complaints, addressing issues during this phase reduces the likelihood of future liability claims.
• Compliance Rate with Safety Standards: Regular legal review of product instructions and warning statements is crucial. What was considered “best in class” 10 years ago may not be today. Researching recalls, lawsuits, or other issues with similar products can help identify necessary changes.
• Quality Control Audit Scores: Regular audits of quality control processes reveal how effectively a company is identifying and addressing potential product defects before they lead to liability issues. Many industries have specific standards such as ISO, IATF, HACCP, and others. Understanding applicable standards enables a better evaluation of a program and the audit methods in place.

Reactive Metrics: Assess how well the products liability program responds when an issue arises, including how efficiently it manages claims and resolves incidents.

Post-Incident Review: After resolving a product liability issue, conducting a thorough review to identify lessons learned, improve processes, and enhance the overall effectiveness of the program. If complaints or warranty issues were noted prior to the failure, it’s essential to determine why changes were not made and whether complaint or warranty personnel communicated the issues to design or manufacturing.

Product Recall Procedures: Well-defined protocols for recalling defective products quickly and efficiently are crucial, including communication strategies with consumers, retailers and regulatory bodies. Questions about product traceability and purchaser identification are pertinent.

Crisis Communication: Plans for communicating with stakeholders, the public and media during a product liability crisis aim to maintain transparency, trust, and minimize reputational damage.

Corrective Action: Processes for implementing corrective measures to address the root cause of the defect or incident, preventing future occurrences, and updating safety standards and procedures accordingly.

“The most successful organizations treat metrics as an early-warning system,” Austin contends. “Warranty data, customer complaints, even removed safety labels—all of these are signals. If you capture and act on them quickly, you can help prevent much bigger problems down the road.”

Tools for Evaluating Product Liability Programs

Evaluating a product liability program involves checking the level of detail of the program itself and verifying that internal controls cover a wide range of topics, well beyond the categories of design and manufacturing defect, plus duty to warn. Internally, company tools can include:

Gap Analysis: Comparison of the current liability program to industry best practices, legal standards, and new precedents in liability cases with similar products.

• For instance, the standard for warning labels and statements was updated in 2022 and 2023. While not legally binding, this updated standard could be a factor in a liability case focusing on ‘duty to warn.’

Legal Reviews and Case Studies: Assessing changes in the legal environment, which vary by state and country. Adopting the most stringent standards, such as California’s, could cover most other jurisdictions.

Customer Feedback and Warranty Data: Early indicators of potential issues that could turn into claims. Involvement of the Service Department is crucial as they can report not just product failures but also removed guards, labels, or other safety devices.

Simulations: Testing the traceability of products in the event of a recall and identifying key contacts and relevant government agencies. Simulations are vital tools in evaluating the effectiveness of a program.

Employee Products Liability Training: Ensuring that warranty and service departments communicate issues to design and manufacturing is crucial. Employee training and basic knowledge on products liability are valuable tools to prevent major failures.

Continuous Improvement and Adaptation

Evaluating the effectiveness of a products liability program is not a one-time task; it requires continuous monitoring and adaptation. As new products are developed and market conditions change, the risks associated with product liability evolve. Regularly reviewing the metrics and tools mentioned above allows companies to adapt their programs to these changes, ensuring ongoing effectiveness. Checking for revision dates on instructions or warranties can indicate whether a company regularly updates their programs and has a review program in place.

Looking Ahead

By focusing on a company’s preventive and reactive programs, plus verifying a ‘whole company’ approach toward products liability, a company can ensure that their products liability program is effective in not only minimizing risk to the buyer/consumer but also protecting the company’s financial interests and even survivability. Continuous evaluation and updates to a products liability program are crucial to ensuring the company stays ahead of potential risks and maintains a strong defense against liability claims. Learn more at .

The materials and information found here are informational resources and do not and should not be construed as direct processional, legal or other advice as to specific facts and circumstances.  It is recommended you always seek appropriate professional advice as to your particular circumstances.  91șÚÁÏÍű disclaims any and all liability for actions taken by you based on the content of these resources.

Slips, trips, and falls are some of the most common workplace accidents, but they don’t have to be. , falls caused the deaths of 865 workers, with countless others injured badly enough to miss work. The National Safety Council (NSC) that falls are the leading cause of work-related injuries, responsible for nearly 15% of all work-related deaths. These statistics represent more than just numbers—they are real people whose lives are impacted by preventable accidents.

While some risks will always exist, the good news is that there are simple, proactive steps employers can take to reduce the occurrence of these injuries. With a proactive approach, you can create a safer, more productive environment for everyone. Here’s how:

Make Safety Training a Priority

When employees know what to look for and how to stay safe, they’re more likely to take action and avoid accidents. In 2022 alone, falls on the same level—think slipping on a wet floor or tripping over an obstruction—were responsible for .

Safety training can go a long way in reducing these types of accidents; that comprehensive training can cut the risk of falls by up to 30%. And training isn’t just about ticking off a checklist; it’s about fostering an environment where safety is everyone’s responsibility. When employees are taught , understand how to mitigate them, and feel empowered to take action, they become active participants in protecting not only themselves but also their teammates.

Inspect, Inspect, Inspect

A quick daily check can prevent a serious accident from happening. Routine inspections help identify potential hazards before they cause harm—whether that’s a spilled drink on the floor, a loose wire, or a dimly lit hallway. By making inspections part of your daily routine, you catch these issues early, giving you the chance to address them before they lead to serious injuries.

Regular safety checks also create a culture of awareness. When employees know their workplace is actively being monitored for safety, they’re more likely to keep an eye out for hazards themselves and take responsibility for their own safety. Proactive hazard identification can , ensuring your team stays safe and productive.

Create Safe, Well-Designed Workspaces

The environment plays a huge role in preventing falls. Simple changes—like adding non-slip mats, improving lighting, and ensuring proper drainage—can make a world of difference in high-traffic areas. For industries like construction, where workers face the highest risk of falling from heights—more than seven times the rate of other industries—safety measures like harnesses, guardrails, and fall arrest systems are essential.

These adjustments don’t just check a box for compliance; they protect workers from potentially life-altering accidents. And when employees have access to the right tools, whether that’s proper footwear, fall protection gear, or safety equipment, they’re much less likely to face serious injury.

Looking Ahead

Safety isn’t just about compliance; it’s about building a culture where every worker feels supported and protected. By making safety part of your daily operations, you show your team that their well-being matters—and that’s what truly makes a difference.

Ready to make safety a priority? Visit our Risk Management page for more resources and expert tips.

Numbers like these remind us that workplace safety is more than a regulatory checkbox. It is a shared responsibility, a moral obligation, and an investment in the well-being of every person who steps onto a jobsite or into a facility each day. This is the driving force behind the , taking place August 11 – 17, 2025.

Why This Week Matters

The urgency of addressing workplace safety is clear when we look at broader health statistics. For instance, the Centers for Disease Control and Prevention (CDC) reports that there are 40 million emergency department visits due to injuries, with a significant percentage relating to workplace incidents. And nearly 6% of adults are sidelined by injuries that limit their daily activities over a three-month period. These aren’t just numbers; they represent real people whose lives and livelihoods are drastically altered by workplace accidents.

Preparing for the Unexpected

This year’s focus—Emergency Preparedness and Response—underscores the importance of having strong, actionable plans in place before a crisis strikes. Emergencies can happen anywhere, at any time: natural disasters, fires, hazardous spills, or unexpected mechanical failures. A well-practiced plan can mean the difference between swift recovery and catastrophic loss.

Through OSHA’s free resources, organizations can:

• ASSESS and improve response plans to ensure workers know what to do in a crisis.
• CONDUCT realistic drills that prepare teams for evacuation, shelter-in-place scenarios, or first-aid emergencies.
• STRENGTHEN communication strategies so vital information reaches every worker quickly and clearly.
• ENGAGE leadership and employees together, fostering trust and shared responsibility for safety.

Investing in safety yields significant returns, both economically and in human terms. For every dollar invested in safety programs, businesses can between $4 to $6 from reduced injury rates and lower Workers’ Compensation costs, according to OSHA’s estimates. These activities not only protect lives but also reinforce a culture where workers feel valued, heard, and confident in their safety.

Commit to Safety

While Safe + Sound Week shines a spotlight on workplace safety, true impact comes when businesses embed these principles into daily operations. three core elements of an effective safety and health program:

1. Leadership Commitment: When executives and managers visibly champion safety, it sets the tone for the entire organization.
2. Worker Participation: Employees often know hazards best; involving them in solutions builds stronger, safer processes.
3. Hazard Identification and Control: assessments and timely fixes prevent accidents before they happen.

Every injury prevented is a life changed. Every workplace improvement is a step toward ensuring everyone returns home safely each day.

Looking Ahead

Initiatives like Safe + Sound Week remind us of the ongoing importance of prioritizing workplace safety. By committing to comprehensive safety strategies, businesses not only protect their workforce but also enhance their operational efficiency and sustainability.

Creating a culture of safety goes beyond compliance—it involves education, awareness, and continuous improvement. For more resources on risk management and safe equipment operation, visit our Risk Management page, or contact a member of our Risk Management Team. Let’s make workplace safety a priority not just this week but every week, showcasing that safety is more than a policy—it’s a cornerstone of responsible business practice.

Ashley Parker, Senior Risk Management Consultant – President-Elect, American Society of Safety Professionals – Heart of America Chapter,

Brian Wilsher, Director of Program Business – Speaker and “Phenoms Under 40” award recipient, Claims and Litigation Management (CLM) Annual Conference,

Kathleen Babilon, Risk Management Specialist – Presenter and speaker, Rising Auto Rates: The Cost of Distracted Driving and Nuclear Verdicts,

Kimberly Vaughn, Vice President of Claims – Presenter and speaker, From Peer to Manager: Navigating the Leadership Transition,

Matt Latham, Purchasing Manager – Presenter and speaker, From Pitch to Approval: Building a Business Case for CLM,

Ryan Anderson, Risk Management Technology Manager – Presenter and speaker, Leveraging Technology to Improve Workplace Safety,

Steve Donnelly, Chief Service Officer – Presenter and speaker, Litigation Management Hot Takes: Insights from the Task Force,

Tyah Williamson, Senior Claims Adjuster – Presenter and speaker, Workers’ Compensation 101,

Stay tuned for more in Q3! We’ll share the latest news, media mentions and speaking engagements from 91șÚÁÏÍű right here on theÌęNewsroomÌęeach quarter.

Forklifts are vital for operations in warehouses and job sites, but they also carry inherent risks that require vigilant management. The underscores the importance of forklift safety, listing powered industrial trucks among its . These citations often arise from avoidable incidents such as collisions and tip-overs, which can have catastrophic consequences.

Mandatory Seatbelt Usage

One of the non-negotiable rules set by OSHA is the mandatory use of seat belts by forklift operators. Non-compliance not only leads to substantial fines but also increases the risk of fatal accidents. In fact, OSHA statistics indicate that due to equipment tip-overs, with machines often weighing over 9,000 lbs. The simple act of buckling up can be lifesaving.

Training, Certification, and Cleanliness

A thorough review of the organization’s safety manual should be a priority during any inspection. It is crucial to ensure that all forklift operators are properly trained and certified. Equally important is the cleanliness and orderliness of the operating environment. Floors should be clear of debris that could obstruct pedals or cause operators to trip, and the cabs should not be used for storing unrelated materials as outlined in .

Routine Inspections and Hazard Analysis

OSHA mandates daily or pre-shift inspections of all powered industrial trucks to maintain safety standards. This regular check, as detailed in is designed to assess the operational readiness of equipment, ensuring that everything from brakes to warning labels is in optimal condition. Additionally, conducting Job Hazard Analyses (JHAs) is essential for identifying and mitigating risks associated with forklift operations.

Best Practices for Safe Operation

Adhering to best practices is key to ensuring safety. Operators should always:

• Drive in reverse only when necessary and safe.
• Keep both hands and shoes dry to prevent loss of control.
• Follow all designated traffic and safety signage.
• Ensure the forklift is turned off and secured when not in use.
• Always wear a seatbelt and conduct a safety check before movement.

Looking Ahead

Creating a culture of safety goes beyond compliance—it involves education, awareness, and continuous improvement. For more resources on risk management and safe equipment operation, visit our Risk Management page. Empower your team with the necessary tools and knowledge to operate safely and efficiently every day.

But here’s where it gets interesting: in several cases, companies that don’t actually manufacture a product can still be considered “manufacturers of record” and be held liable for product liability claims.

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“Product liability isn’t just about who made it—it’s about who touched it, sold it, shipped it, or put their name on it,” says Eric Austin, 91șÚÁÏÍű Risk Management Expertise Specialist.

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Curious? Let’s break it down with some real-world scenarios.

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Private Labelling and Branding

Scenario: Picture this: a retail chain partners with a third-party manufacturer to produce goods under its store brand. You’ve probably bought these items—think generic cereals or store-brand electronics.

Manufacturer of Record: Even though the retailer didn’t physically produce the goods,Ìęonce they apply their brand to the product and sell it, they’re considered the manufacturer of record. That means they could be responsible for any defects, safety issues, or liabilities tied to the product.

Example: Perhaps a store-brand toaster causes a house fire due to a manufacturing defect. If the store sold the toaster under their label, they could be considered the manufacturer of record, even though a separate factory made the product.

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Assembled Products

Scenario: Some companies assemble finished products using parts sourced from various manufacturers, branding the final product as their own.

Manufacturer of Record: Even if the company didn’t create the individual components, may place them in the manufacturer’s role. They could be liable for any defects introduced during assembly or related to the final product’s performance.

Example: Think about a laptop company that builds computers using processors, hard drives, and screens sourced from other suppliers. If a short circuit caused by faulty wiring damages the laptop, the assembler—not the component makers—could likely face the liability.

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Companies That Customize or Modify Products

Scenario: A company buys standard products but adds before selling them to customers.

Manufacturer of Record: Once a product is altered, the company responsible for the changes typically assumes liability for any issues resulting from those modifications—even if the original product met all safety requirements.

Example: Picture a seller of industrial equipment adding custom electrical panels to machines. If the modifications lead to a fire or malfunction, the modifying company could be held liable as the manufacturer of record.

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How Can a Company Protect Itself?

Becoming a de facto manufacturer doesn’t have to mean taking on massive risks. Implementing strong protections and best practices, as well as understanding how to protect your business from liability, is essential—not just for legal reasons, but to help build consumer trust and brand resilience. Let’s dive into some practical strategies:

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For Private Labeling and Branding

When you sell a product under your own brand name—even if it’s manufactured by someone else—you could be on the hook for its safety. That’s why detailed contracts with third-party manufacturers are important, including indemnification clauses can help protect you from certain losses, damages or liabilities that may arise from product defects. Also, require product liability insurance that names your company as an additional insured.

Beyond contracts, demand evidence of compliance with safety standards. Be sure to conduct routine quality control inspections and implement a recall response plan to address defects before they escalate into possible lawsuits.

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For Assembled Products

If your product is the sum of many sourced components, liability could still fall on you. That’s why it is recommended you include indemnity clauses in supplier contracts and ensure all component suppliers carry adequate liability insurance, with your company listed as an additional insured.

At the operational level, conduct rigorous quality checks at every stage of the assembly process. Comprehensive liability insurance should cover the entire assembled product to protect against defects that arise during integration. Learn more about at the National Institute of Standards and Technology (NIST).

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For Companies That Customize or Modify Products

Customizing or modifying existing products—whether through design tweaks or functional upgrades—could transfer safety responsibility to you. Protect your business by clearly outlining liability in contracts and using disclaimers for unaltered components.

Crucially, test all modifications thoroughly and certify safety compliance with help from professional engineers when necessary. The Occupational Safety and Health Administration (OSHA) offers on modifying machinery and equipment safely.

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Best Practices for All Businesses

Regardless of your business model, some liability protections are universal:

• Robust Product Liability Insurance: This is your financial safety net for claims involving defects, injuries, or recalls.
• Supplier Audits: Regularly verify that your suppliers meet safety and quality benchmarks.
• Consumer Feedback Channels: Establish systems for customers to report issues and act swiftly on complaints.
• Traceability Systems: Maintain detailed records of sourcing, testing, and manufacturing to streamline recalls and defend against legal claims.
• Legal Counsel: Partner with professionals to draft airtight contracts and stay up to date with evolving regulations.

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Looking Ahead

Navigating the complexities of product liability doesn’t have to be overwhelming. Understanding when your company might be considered a manufacturer, combined with proactive safeguards, can help reduce risk and protect your business. Whether you’re private labeling, assembling, or modifying products, preparation is key to staying ahead of potential challenges.

Prioritize quality control, strengthen your contractual protections, and ensure compliance at every stage of the process. With these steps in place, you can confidently manage liability risks while maintaining trust with your customers. For more expert advice, actionable resources, and tools to safeguard your business, visit our Risk Management page.

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The information provided in this article is for general informational purposes only and does not constitute legal advice. We recommend consulting with an attorney to ensure compliance with all applicable laws and to receive legal advice tailored to your specific circumstances.

The Shocking Truth

Electrical hazards continue to pose a deadly threat across industries, approximately 150 electrical fatalities occur annually in workplaces, making up 5.3% of all workplace fatalities. Even more concerning, that 74% of electrical fatalities involve non-electrical occupations.

Certain jobs see higher risks than others. Construction, maintenance, and repair workers report the most fatal electrical incidents, with laborers, electricians, and heavy truck drivers among the hardest-hit occupations.

The Leading Causes of Electrical Fatalities

Understanding the most common causes of electrical incidents is the first step in preventing them. , 91% of all workplace electrical deaths stem from just six primary hazards:

1. Overhead power line contact (42.8%) – The leading cause, disproportionately affecting construction and trucking professionals.
2. Unexpected contact with electricity (19.3%) – Often occurs when workers inadvertently touch energized equipment.
3. Nearby energized equipment contact (12.7%) – Accidental interactions with electrical components can be fatal.
4. Working on energized parts (4.1%) – A risk often associated with electrical maintenance and repair jobs.
5. Ground faults (4.0%) – Caused by improper grounding or faulty equipment.
6. Damaged wiring or equipment (3.1%) – A preventable hazard that requires routine inspections.

Essential Electrical Safety Best Practices

Employers and workers can prevent most electrical incidents by following established safety protocols. and ESFI the following precautions:

1. Identify and Avoid Power Lines

• Locate overhead and underground power lines before beginning work. before digging to ensure safety.
• Maintain safe distances from power lines:
  • Up to 46 kV: 10 feet
  • 41-169 kV: 10-12 feet
  • 230-362 kV: 13-16 feet
  • 500-800 kV: 19-24 feet
• Never operate equipment near power lines without taking proper safety precautions.
• Carry ladders and tools horizontally to prevent accidental overhead contact.
• Be aware of energized equipment or parts near you. Many fatalities occur from workers accidentally coming in contact with energized equipment or parts near them

2. Implement Proper Grounding and Protection Measures

• Do not operate portable electric tools unless they are grounded or double-insulated.
• Use in any area where electricity and moisture could mix.
• Inspect tools and extension cords for damage before each use.

3. Responding to Power Line Incidents

• If a vehicle contacts a power line, stay inside unless there is a fire.
• If exiting is necessary:
  • Jump clear without touching the vehicle and ground simultaneously.
  • Shuffle away for at least 50-70 feet while keeping feet together.
• Always assume downed power lines are energized and stay at least 35 feet away.
• Call 911 immediately instead of attempting to move power lines.

4. Safety for Heavy Truck Drivers and Equipment Operators

Heavy truck drivers face from overhead power line contact. Key safety tips include:

• Check for overhead power lines before raising truck beds or extending booms.
• Keep all equipment at least 10 feet away from power lines.
• Use spotters when operating near electrical hazards.

Looking Ahead: A Culture of Electrical Safety

Electrical hazards don’t have to be an inevitable risk of the job. Employers who prioritize training, enforce proper safety procedures, and foster a culture of awareness can dramatically reduce the likelihood of electrical injuries. By identifying hazards, implementing best practices, and ensuring workers are properly trained, businesses can not only save lives but also improve overall productivity and reduce costly incidents.

Prioritize safety, stay vigilant, and empower your team to recognize and mitigate electrical hazards year-round. For additional resources, expert safety insights, and actionable strategies, visit our Risk Management page.