How to Minimize Incidents Involving the Personal Comfort Doctrine

1   Investigate the location of the accident, including determining if there were defects that might have caused the accident.

2   Determine if there were any policies prohibiting the conduct that caused the injury. Were the rules being followed; if not, did the employer in any way acquiesce to behavior that resulted in the injury in contradiction to the rules?

3   Designate someone in the organization who has sole authority to permit deviations from company policy on any matters concerning prohibited personal conduct.

4   Include a written policy as part of the employee handbook that limits acceptable employee actions while on breaks and restricts horseplay and other deviations from permissible conduct.

5   Require employees to sign a receipt that they have read and understand these company policies. 

If you have questions about the Personal Comfort Doctrine as it applies to your business, please contact the Insurance professionals of EPIC’s PCOC Insurance Program. Call us at: 877.860.7378, or visit us at www.pcocinsuurance.com.

Paul Lindsay
Senior Vice President
EPIC Insurance Brokers & Consultants