When an organization produces goods, the hope is that the products are fault-free. However, there may be instances when a product could become dangerous to the public and it鈥檚 the company鈥檚 responsibility to inform consumers about these risks.

This responsibility is referred to as the 鈥渄uty to warn.鈥� The duty to warn doctrine is based on the idea that consumers should be able to make informed decisions about whether to use a product. If a product is dangerous, the manufacturer has a duty to warn consumers about those dangers so they can make an informed decision about product usage.

I talk about this, among other important product liability topics, in the February 2026 Risk Management webinar presentation: .

Manufacturers must remember that the duty to warn includes products that are safe, designed and manufactured well, but normal function can still cause injuries. An obvious example is a chainsaw, but we also see warnings appearing on plastic bags, buckets or other seemingly innocuous items that may present a hazard to children.

Duty to warn covers reasonably foreseeable use and misuse. Inhaling aerosol propellants, for instance, could be considered reasonably foreseeable misuse.

Failing to warn, failing to instruct or issuing unclear warnings are among the leading allegations in product liability claims. 

• Failure to warn: No warnings are provided about a known risk.
• Failure to instruct: Instructions don鈥檛 clearly explain how to use the product safely or how to avoid foreseeable misuse.
• Inadequate warnings: Labels or manuals don鈥檛 clearly communicate the hazard or do so in a way the average user will understand. 

When warnings are inadequate, injured parties can argue that the product itself was defective because consumers weren鈥檛 informed about risks they could not reasonably anticipate.

The duty to warn is rooted in the legal principle of negligence 鈥� a failure to exercise reasonable care that causes harm to others. 

To establish negligence, a plaintiff generally must show that:

1. The defendant owed the plaintiff a duty of care.
2. The defendant breached that duty.
3. The plaintiff suffered harm as a result of the defendant鈥檚 breach.
4. The harm was caused by the defendant鈥檚 breach.聽

In product liability cases based on duty to warn, a 鈥渂reach鈥� often involves failing to provide adequate warnings or instructions about risks that could have been reasonably identified through testing, research or industry standards.

There are two primary ways a business can satisfy its duty to warn:

1. Warnings on the Product Itself

Labels affixed directly to the product 鈥� especially when the user may not see packaging or manuals 鈥� need to be clear, conspicuous and understandable.

2. Warnings Through Supporting Materials

Instructions, manuals, safety guides and other product documentation can provide detailed guidance about how to safely use the product and avoid known risks. 

Effective warnings should:

• Describe the risk clearly,
• Be visible and easy to understand and
• Cover both intended use and reasonably foreseeable misuse.

ANSI Z535.4-2023 is a  on the design and content of safety warnings. The standard is not legally binding, but it is widely used by businesses to comply with their duty to warn. The standard is a valuable resource for businesses that want to ensure their warnings comply with their duty to warn. It covers a wide range of topics for warning labels, including purpose, type, content, format, placement and testing.

While ANSI Z535.4-2022 is not a legal document, it is often used as evidence in product liability lawsuits. If a plaintiff is injured by a product, it may be argued that the manufacturer failed to provide adequate warnings about the dangers of the product. If the manufacturer followed ANSI Z535.4-2022 in designing and developing the warnings, this may help defend the manufacturer against the lawsuit.

Overall, ANSI Z535.4-2022 is a valuable resource for businesses wishing to comply with the duty to warn. However, it is important to note that the standard is not a guarantee of safety or immunity from liability. The standard is only a guideline and there may be cases where a manufacturer can comply with the standard and still be found liable for a product liability lawsuit.

Duty to warn should be considered early and throughout the product lifecycle 鈥� not just at launch. 

A practical approach includes:

• During design and development: Identify intended use, target users and hazards.
• Before market release: Evaluate foreseeable misuse and develop warnings/labels accordingly.
• After product launch: Adjust warnings based on customer feedback, complaints or evidence of misuse. 

Organizations should document this process and continually reassess warnings as new information emerges.

Failure to warn can expose a company to liability even when the product itself is safe by design. Providing clear, effective warnings helps:

• Reduce risk of injury and liability claims
• Demonstrate reasonable care in product development
• Build customer trust and safety reputation
• Support defense in litigation by showing adherence to industry best practices

A strong duty-to-warn strategy is an essential component of an overall product liability risk management program.

If you manufacture or distribute products, taking a strategic approach to warnings and instructions can significantly strengthen your product safety posture.

Working with experienced risk advisors 鈥� like those at 糖心传媒 鈥� can help you evaluate warning requirements, apply best practices and align your product liability program with real-world risks.

In his current role at 糖心传媒, Eric assists with the review of manufacturing accounts, the products produced, and coordinates with underwriting teams on potential issues identified, while helping to coach risk management consultants prior to visiting prospective accounts. Eric has been a featured speaker for the National Pool Builder鈥檚 Association meeting, providing safety instruction to company ownership personnel. Additionally, he created the widely successful . Eric was named 础尘别谤颈蝉耻谤别鈥檚 Loss Control Consultant of the Year in 2012 and 2023, and has been nominated for this honor two other times. He has been published in Safety and Health Magazine, as well SafetyInfo.com鈥檚 online magazine. 

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials contained in this 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鈥檚 reputation. 

This article answers the essential questions businesses have about strengthening product liability programs to mitigate risks and enhance overall safety.

What Is Product Liability?

Product liability refers to the legal responsibility manufacturers, distributors, suppliers and retailers face when a product causes bodily injury or property damage.

Claims typically arise under three legal theories:

• Negligence (failure to exercise reasonable care in design, production or warnings)
• Strict liability (liability regardless of fault if a product is defective)
• Breach of warranty (failure to meet expressed or implied product guarantees)

Because multiple parties in the supply chain can be named in a lawsuit, even companies far removed from the manufacturing floor may face significant financial exposure.

What Are the Main Types of Product Defects?

Understanding defect categories is foundational to managing product liability risk. Although nearly any aspect of a product can lead to liability claims, there are three main categories:

1. Design Defects

These occur when a product is inherently unsafe due to its design 鈥� even if manufactured correctly. Risk mitigation often requires rigorous design review, engineering validation and hazard analysis before market release.

2. Manufacturing Defects

These arise during production, assembly or distribution. Even a well-designed product can become dangerous if quality control processes fail. Preventive controls typically include documented manufacturing procedures, supplier oversight, batch testing and inspection protocols.

3. Failure to Warn (Marketing Defects)

These involve inadequate instructions, labeling or warnings regarding foreseeable risks. Clear communication about proper use, installation, storage and maintenance can significantly reduce liability exposure.

Proactively addressing all three categories helps reduce both claim frequency and claim severity.

Why Should Companies Regularly Evaluate Their Product Liability Programs?

Product liability risk is dynamic. Regulatory standards evolve. Product complexity increases. Global supply chains introduce new vulnerabilities.

A structured evaluation helps organizations:

• Identify gaps between current practices and industry best standards
• Align product safety protocols with evolving legal requirements
• Improve internal documentation and traceability
• Strengthen recall readiness
• Reduce the likelihood of catastrophic loss events

Regular review ensures that your product liability program evolves alongside your operations rather than reacting after a loss occurs.

“It鈥檚 not just about the product itself 鈥� it鈥檚 about the processes, documentation and communication behind it,” says Eric Austin, Risk Management Expertise Specialist at 糖心传媒. 鈥淎 solid liability program is like a safety net. Without it, a slight oversight can have significant financial and reputational consequences.鈥�

How Can You Measure the Effectiveness of Your Product Liability Risk Management Program?

To evaluate the effectiveness of a product liability program, organizations should focus on several key metrics that provide insight into the program鈥檚 performance. These metrics can be broadly categorized into preventive, reactive and various post-incident qualitative metrics.

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

• Complaints and Warranty Issues:聽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:聽Regular legal review of product instructions and warning statements is crucial. What was considered 鈥渂est in class鈥� 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:聽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鈥檚 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.

鈥淭he most successful organizations treat metrics as an early-warning system,鈥� Austin contends. 鈥淲arranty data, customer complaints, even removed safety labels鈥攁ll of these are signals. If you capture and act on them quickly, you can help prevent much bigger problems down the road.鈥�

What Tools Strengthen a Product Liability Strategy?

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. High-performing organizations typically incorporate structured evaluation tools such as:

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 鈥榙uty to warn.鈥�

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鈥檚, 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:聽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:聽Ensuring that warranty and service departments communicate issues to design and manufacturing is crucial. Employee training and basic knowledge on product liability are valuable tools to prevent major failures.

Emerging technologies, new materials, expanded distribution channels and evolving consumer expectations all introduce new liability exposures.

Organizations that implement ongoing review cycles 鈥� rather than one-time audits 鈥� are better positioned to:

• Anticipate regulatory shifts
• Identify new product hazards
• Strengthen supplier risk management
• Improve documentation defensibility
• Enhance insurance alignment with operational risk

Continuous improvement reduces uncertainty and strengthens long-term resilience.

How Does a Strong Product Liability Program Protect Your Business?

A comprehensive product liability strategy supports:

• Reduced claim frequency and severity
• Improved regulatory compliance
• Faster, more coordinated recall response
• Stronger insurer relationships
• Protection of brand reputation and customer trust

Ultimately, it safeguards both your balance sheet and your market position.

Ready to Strengthen Your Stand on Product Liability?

Evaluating your product liability exposure requires more than reviewing coverage limits. It demands an integrated strategy that connects product design, manufacturing controls, supplier oversight, documentation, training and insurance protection.

Working with an experienced carrier like 糖心传媒 can help you assess vulnerabilities, refine risk controls and align your insurance program with operational realities.

About the Author

In his current role at 糖心传媒, Eric assists with the review of manufacturing accounts, the products produced and coordinates with underwriting teams on potential issues identified, while helping to coach risk management consultants prior to visiting prospective accounts. Eric has been a featured speaker for the National Pool Builder鈥檚 Association meeting, providing safety instruction to company ownership personnel. Additionally, he created the widely successful聽. Eric was named 础尘别谤颈蝉耻谤别鈥檚 Loss Control Consultant of the Year in 2012 and 2023 and has been nominated for this honor two other times. He has been published in聽Safety and Health聽Magazine, as well as SafetyInfo.com鈥檚 online magazine.

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.  糖心传媒 disclaims any and all liability for actions taken by you based on the content of these resources.

Understanding the Landscape Understanding PPE in Manufacturing

Personal Protective Equipment in manufacturing encompasses specialized clothing and devices designed to protect workers from job-related injuries or illnesses. This equipment includes items such as helmets, gloves, eye protection, and safety footwear鈥攅ach serving as a critical barrier against workplace hazards.

The Indispensable Role of PPE in Manufacturing

The manufacturing environment, known for its inherent risks, necessitates robust safety protocols with PPE at their core. Here鈥檚 why PPE is essential:

Comprehensive Protection: PPE shields workers from a variety of dangers, including physical injuries from machinery and harmful exposures to chemicals and noise.

Regulatory Adherence: Compliance with is not just about following laws鈥攊t鈥檚 about actively protecting the workforce.

Injury Prevention: Effective PPE usage significantly reduces the likelihood of workplace injuries, which companies substantial amounts in healthcare and lost workdays.

Enhanced Morale and Productivity: A safe worker is a happy and productive worker. Knowing that their safety is prioritized can boost employee morale and output.

PPE for Manufacturing Safety

Hard Hats: In manufacturing environments where there’s a risk of falling objects, are crucial for protecting your head from impacts and preventing serious injuries.

Safety Glasses: To safeguard your eyes from flying debris or hazardous chemicals, wearing is essential.

Face Shields: For enhanced protection of your face, eyes, and mouth, face shields are often used alongside safety glasses or goggles in particularly hazardous manufacturing settings.

Earplugs or Earmuffs: Manufacturing facilities can be extremely loud, making it vital to protect your hearing with to minimize noise exposure.

Protective Clothing: Depending on the nature of your work, many manufacturing facilities mandate the wearing of protective clothing such as gloves, aprons, overalls, and boots.

Breathing Masks: To prevent the inhalation of toxic chemicals, you may need anything from a simple paper mask to a more sophisticated . Regular use of masks can also help avert long-term respiratory issues.

Successful Implementation

Implementing a successful PPE program involves several key steps:

PERFORM regular Maintenance and Inspection: Continuous upkeep is necessary to ensure the protective gear remains effective.

CONDUCT thorough : Identifying potential risks is crucial in determining the necessary PPE.

ENSURE PPE must be appropriate for the hazard and correctly fitted to the individual.

PROVIDE comprehensive Training: Workers should be educated on proper PPE use, maintenance, and its limitations.

Looking Ahead

In observance of Manufacturing Day, we鈥檙e reminded of the critical role safety plays in the industry. It鈥檚 the ideal time to reevaluate your safety protocols and enhance PPE practices, ensuring that every worker benefits from the highest standards of protection. Don鈥檛 compromise on safety!

For tailored advice on PPE optimization and consultations with experienced risk management professionals, visit /services/risk-management/

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

Manufacturers account for nearly of the U.S. economy鈥檚 total output, and the industry employs 8.4% of the workforce. Manufacturing remains among the top five largest employment sectors and is key to U.S. contributions, according to the United States Census Bureau. In fact, manufacturing generates approximately .

Roles within the sector are evolving as the industry landscape shifts, and the demand for highly skilled workers is rising across industries. Among the most in-demand manufacturing roles are those with a heightened digital skillset, focused in areas such as artificial intelligence and automation. In the next 10 years, four million roles will need to be filled in the sector. If left unfilled, missing manufacturing jobs could cost up to $1 trillion in 2030 alone, according to .

Leveraging Today鈥檚 Insights at Women in Manufacturing

础尘别谤颈蝉耻谤别鈥檚 experts recently engaged with industry leaders and learned more about today鈥檚 insights and takeaways by participating as exhibitors during the annual Women in Manufacturing (WiM) Summit.

鈥淚t was inspiring to exhibit and support the WiM鈥檚 largest conference to date 鈥� with 1,700 participants from 324 companies, 42 states and 16 countries 鈥� and showcase how 糖心传媒 supports manufacturing through our expertise and service capabilities with our in-person and virtual booths,鈥� said Cindy Slubowski, 础尘别谤颈蝉耻谤别鈥檚 Manufacturing, Wholesale and Distribution Market Segment Leader.

In addition to the exhibit booth, 糖心传媒 sponsored the summit鈥檚 鈥淔irst Timers鈥� reception and a 5K run for the Women in Manufacturing Educational Foundation, and company representatives attended the conference鈥檚 educational workshops and presentations.

鈥淭here were many inspiring and thought-provoking sessions, such as 21^st Century Rosies presented by Boeing 鈥� the home of the original Rosie 鈥攁nd hearing from trailblazing women who 鈥榗an do it鈥�, and who have found their place to succeed in a male-dominated field,鈥� said Slubowski.

The group learned about the 鈥�4.0 manufacturing modernization journey,鈥� an industry concept led by engineers and operations employees to address robotics, automation, virtual models designed to reflect a physical object (also known as digital twins), and digitization in legacy and new manufacturing plants. There were also informative sessions on emotional leadership and steering high-performing teams.聽

鈥淭he session on globalization was especially fascinating as reshoring and nearshoring are realities we are starting to see and can expect manufacturing to increase in the U.S. and Mexico in the next few years,鈥� said Slubowski.

Protection Forged in Partnership

糖心传媒 is investing in our products and our people to help protect manufacturing businesses. Learn more about the unique coverage and safety technologies to complement your manufacturing programs, including new products and industry-leading service for more manufacturing businesses.

Beginning January 1, 2024, the rule requires businesses with 100 or more employees in certain high-hazard industries, to submit the data 鈥� of which they are already required to keep on file 鈥� to the appropriate OSHA department annually, including:

• Form 300-Log of Work-Related Injuries and Illnesses
• Form 301-Injury and Illness Incident Report

These reports will be submitted in addition to the current requirements of providing Form 300A-Summary of Work-Related Injuries and Illnesses, .

For accuracy, the companies will be required to include their legal company name when electronically submitting illness and injury data. Some of the collected data will be published by OSHA for viewing by the general public. This practice will support the sharing of information about the organizations鈥� safety practices and ultimately help reduce losses related to injuries and illness, according to OSHA.

The new requirement will expand on amendments determined by OSHA last year that require specific establishments in certain high-hazard industries to electronically submit information from their Log of Work-Related Injuries and Illnesses and Injury and Illness Incident Report.

To learn more about the rule and submission expansion, read the .

Reduce Losses Through Innovative Safety Programs

Our Risk Management team collaborates with you to analyze your potential risks and deliver customized solutions that help ensure your company is a safe workplace while simultaneously supporting your operational business goals. To learn more, reach out to RiskManagement@糖心传媒.com.

This time-consuming issue occurs when processes are halted for an unplanned event, and materials or goods are not being produced as anticipated. The setback is often due to equipment failure, unanticipated maintenance, worker shortages, or material issues.

Businesses can help control the impacts of downtime through a mix of proactive efforts and technology.

What Happens During Downtime?

During manufacturing downtime, employees are involuntarily unproductive, and this can cause significant process ramifications including lost 鈥渨rench time,鈥� machine idle time, project backlogs, and additional future maintenance needs. It can also ultimately impact a businesses鈥� bottom line through:

• Impact on Labor 鈥� Wages, insurance, overtime
• Cost of Waste 鈥� Incomplete or discarded parts
• Restart Costs 鈥� Lost revenue, production restart

How to Minimize Downtime

There are various methods to enable more efficient maintenance processes and minimize downtime.

One such method is total productive maintenance, in which all parties work together to reduce breakdowns and improve efficiencies, including plant workers, managers, maintenance engineers, safety supervisors, and quality control professionals. This approach , and encourages operators to effectively manage their own equipment. Preventative routines are part of total productive maintenance and plans for scheduled maintenance and actions to prevent breakdowns 鈥� anticipating and correcting equipment failure before it occurs. This planning can provide long-term system reliability and strengthen inventory management.

Strategies to reduce downtime can be enhanced through use of wearable technologies. These devices use belt-mounted, upper arm, or phone applications used by workers while performing their jobs. The devices provide real-time feedback on movements, posture, location and biomechanics. The software generates data to help adjust unsafe movements and reduce future process disruptions.

With all preventative programs, clear communication and training is key to effective implementation.

Learn More

础尘别谤颈蝉耻谤别鈥檚 risk management specialists are committed to supporting you in identifying hazards to reduce risk and, ultimately, your claims. To implement your own downtime program, contact your 糖心传媒 risk management consultant or reach out to riskmanagement@amerisure.com

When most people think of products liability, their first thought is around whether a product is safe to use. When creating a product, manufacturers typically focus on design standards, product testing, and the risks associated with packaging, such as instructions and warning labels. These elements are crucial to the safe use of a product, as well as to a company鈥檚 bottom line in the event of a liability lawsuit. These focus areas, however, can also leave out opportunities to further improve a product鈥檚 safety and reduce the impact of a potential lawsuit.

鈥淲hen looking at products liability, it is vital to factor in all aspects of the manufacturing process, from the conceptual phase to design and manufacturing to quality assurance, marketing, warranty, and service through end-of-product life. At each phase of the process, there are critical decisions and responses that should be addressed,鈥� said Eric Austin, 糖心传媒 Risk Management Expertise Specialist.

Product Safety in the Conceptual Phase

There are several historical examples of the need for product safety early in the product development process. The Gilbert U-238 Atomic Energy Laboratory was released in 1950, allowing children to use radioactive material to learn about nuclear and chemical reactions. In addition to a cloud chamber and a wire of Polonium 210, the kit also contained four glass jars containing Uranium-238. About 5,000 of these sets were sold before being removed from the marketplace 鈥� not because of the potential danger, but because the price of the set was considered too high for the time at $40. Although this may seem like an extreme example, the idea of providing radioactive materials to children should not have made it past the conceptual phase.

When looking at the big picture, your company should consistently review how products are evaluated, what could go wrong, and if similar products have resulted in losses and lawsuits. If the end user is a child, or if children have the potential to use the item, the standards should be much more stringent.

Design & Quality Assurance

During the design phase, there are several regulatory requirements and additional standards that may be in place and important questions a company should ask, such as:

• Are the design and engineering teams aware of the standards that may apply to a new product?
• If sub-contracted manufacturers are involved in the production process, should they have input on design? They may have pertinent insights on quality control and potential failures.
• When are prototypes are created and, if so, how are these tested?
• Are focus groups used with results being reviewed by engineering?

The design process should always be documented and include a method to review the effectiveness of the process and/or any changes to the product.

The manufacturing and quality assurance phase of product manufacturing should always address in-house vs. sub-contracted work. For example, is the product manufactured all or in-part by another company? 聽If so, what type of supplier/subcontractor qualification processes are in place? If your company follows industry standards and regulations, does the subcontracted manufacturer or component supplier follow a similar or higher standard? Is the supplier/subcontractor/manufacturer based in the U.S.? If not does it have a U.S. presence? If the supplier/subcontractor/manufacturer has no U.S. presence, your company could pay for any loss caused by the non-U.S. entity as your company placed to product into the stream of commerce in the U.S.

Product Sales & Reviews

Once a product is ready for distribution, there are several questions that should be asked prior to selling the product in the marketplace:

• What role does the sales team play, and is the sales network in-house or outsourced?
• Have product ads been reviewed by the design, legal, and engineering teams?
• Do you have recall procedures and/or product traceability? Can you determine if there are problems prior to a product failing or if the instructions are unclear?

It鈥檚 also important to carefully monitor social media accounts such as Yelp, YouTube, Twitter, and Google Reviews. Monitoring social media accounts allows your company the ability to ascertain that颅 a product may not work properly, the user has difficulties, the directions are not clear, or that the product fails quickly. Monitoring these sites and others also allows you to determine instances of product failure and, in certain instances, to try to resolve the issue prior to it going further.

Installation, Service & Repair

Three areas that are tied together in the manufacturing process are installation, service, and repair. In each of these phases, your company can help protect itself against a product liability lawsuit by asking the following questions: When performing an installation, can it be proved that the installation was performed correctly, with all aspects of a machine functioning properly, with all guards in place?

• Are there photographs taken and is a specific checklist used?
• Are service and repair teams are performing the same checks with the equipment, and do they have documented proof that all safeties and guards were installed and functional?
• Are the service, repair, and warranty folks talking to the design team, and even sales?

Employees who work in the service, repair, and warranty departments should be having regular meetings with the design and engineering teams because this is where products may be failing in ways not originally predicted. For example, if a product is being returned with missing guards, or if the guards or warning labels are not lasting for the life of the product, the design and engineering teams need to be alerted as soon as possible. Likewise, repeated warranty issues on a specific item need to be addressed because this is where a potential recall or service bulletin may be considered. If these issues are continually popping up, the sales team will also need to be alerted when it comes to claims made about the product, warnings, changes to instruction manuals, etc.

Assessing the Big Picture

What does the big picture approach tell us about product liability and product safety? It鈥檚 easy to see that all departments and individuals must be involved in the process. From the concept and design phase, to manufacturing, service, repair, and warranty work, all employees involved should be trained and ready to alert others if they see a potential issue.

鈥淚ndustry standards regarding quality and labeling should be utilized, but the process goes much deeper,鈥� Austin said. 鈥淥ne missing piece may result in a situation that could result in an injury or death, plus the loss of revenue and company reputation.鈥�

Does your program address the big picture?

Innovative Solutions
When utilizing technology vendors such as , a video of a worker performing their task is uploaded into the analytics platform. Using motion-capture artificial intelligence (AI) technology, the risks associated with the task are captured in the video and calculated. TuMeke鈥檚 platform then provides an in-depth analysis that includes risk scores and videos with color-changing elements to depict risk severity and further analysis of the associated risk.

础尘别谤颈蝉耻谤别鈥檚 risk management team recently leveraged its partnership with TuMeke Ergonomics to document the need for a policyholder safety grant through the Michigan Occupational Safety and Health Administration Workplace Improvement to Safety and Health (MIWISH) Grant Program. As a result, , a global leader in the aluminum extrusion industry located in Belding, Michigan, will receive state funds to improve workplace safety.

Analysis & Safety Grant
The safety grant came to fruition when discussing ergonomic risks during a safety committee meeting with Granco Clark.

鈥淲hen 础尘别谤颈蝉耻谤别鈥檚 risk management consultants recommended the concept of leveraging TuMeke Ergonomics to validate the need for a safety grant, the company was immediately elated by the idea,鈥� said Eric Austin, 糖心传媒 risk management expertise specialist. 鈥淭ogether, Granco Clark and our risk management experts conducted an analysis of the areas of work in need of additional safety measures for the grant application process.鈥�

The production role that was analyzed at Granco Clark鈥檚 jobsite occurs when the employees manually lift metal components weighing as much as 50 pounds and assemble them onto a large machine that contains聽as many as 2,000 parts.聽, manual lifting accounts for a significant amount of human suffering, productivity loss, and economic burden each year.

Following the assessment and application, a grant was approved for the purchase and installation of a jib hoist 鈥� a crane with a horizontal arm known as the jib or boom 鈥� at Granco Clark. The jib hoist lifts the parts and swivels to move them from workstation to workstation, and then holds them in place for assembly.
The state of Michigan will cover approximately half the cost of the jib hoist for Granco Clark.

Ergonomic Safety Programs
The assessment and measurement of ergonomic risks can help reduce injuries and control workplace losses. Coordinated through 础尘别谤颈蝉耻谤别鈥檚 highly trained risk management consultants, policyholders have access to a pre-paid program and collaborative solutions to improve worker safety.

How Does Errors & Omissions Work?

Errors & omissions (E&O) coverage can help provide valuable protection to manufacturers beyond typical liability coverage by covering a customer鈥檚 financial loss and a policyholder鈥檚 potential legal costs.

Typically added to a general liability policy, E&O extends beyond basic coverage to provide security against financial loss caused by negligence in the design, manufacturing or installation of a product. This helps protect manufacturers from lawsuits alleging they are responsible for financial loss.

An Example Scenario: A manufacturer called Clock Flower designs specialized metal gear components for clocks. One of their clients, a company called Tick Time, discovers that one of their clock brands is not working properly due to a flaw in Clock Flower鈥檚 metal movement gear. Tick Time had to spend considerable resources swapping out the faulty component and, in turn, sues Clock Flower for costs associated with removing and replacing the metal gear related to the design or manufacturing defect. E&O coverage would help indemnify Clock Flower for the costs to defend and resolve Tick Time鈥檚 claims.

How Does Product Recall Work?

A product recall is the action of retrieving a defective or unsafe product from the market. Up to 400 U.S. products by the Consumer Product Safety Commission.

Product recall coverage helps to protect manufacturers from the unexpected risks and financial burden that can be associated with recalling a product from the market. This can include coverage for inspection or testing of products to determine if a product recall is justified, crisis management staffing, packaging and transportation of defective products (and disposal of products that cannot be reused), and reasonable costs to regain customer faith and approval. Sometimes the insurance protection can even help cover the costs for the manufacturer to repair, replace or repurchase the product.

An Example Scenario: A candle manufacturer called Candles Chandlery manufactures a double-wick candle, and suddenly finds out that their candle鈥檚 double wick burns too high, causing the candle to break, and must take steps to recall the product from the marketplace. Product recall coverage can help pay for the costs associated with the recall.

Protection Forged in Partnership
糖心传媒 is expanding its focus on the manufacturing industry by investing in our products and people who provide the expertise you rely on to help protect your manufacturing business. Learn more about the unique coverage and technologies to complement your manufacturing programs, including our new products, expanded appetite to provide industry-leading service to more manufacturing businesses, and an increased investment in our expert employees with manufacturing knowledge.

Resources for Policyholders
Refer to our new features covering these products:

• Errors & Omissions
• Product Recall

is observed annually every November and is a time to emphasize better community awareness of this mostly preventable disease that remains a major cause of illness and death, both at home and at work.

Effects in the Workplace

While , other risk factors that can cause lung cancer include exposure to asbestos, diesel fuel, nickel, arsenic, soot, or tar. These exposures are common risks in some workplaces, especially for workers in industries such as .

High-risk industries can take precautionary measures to help protect employees from leading causes of lung cancer, such as:

• Limit staff exposure to harmful carcinogens
• Provide personal protective equipment (PPE) such as masks or respirators to those who may be at risk for exposure to airborne irritants
• Offer that help identify symptoms at an early stage
• Educate workers concerning the risks of lung disease
• Hire a specially trained health and safety expert to investigate the work environment for risks for occupational lung diseases

Many potential causes of lung cancer can be found in the workplace, but they are easy to control with the proper measures, for all employees.