管理您的责任风险—当下及未来 苏黎世保险 Title slide Welcome & introductions – the front slide needs to be customised by the presenter to include their details. PR1(V1)Feb/05/10GC/ZCA
您所面临的责任风险 工伤及雇主责任 产品责任风险 场所和经营责任风险 产品召回 未知的潜在风险
法律基础 中国:《侵权法》、《民法通则》、 其他国家:美国、欧盟、日本 …
您的雇主责任风险 We have all seen the high profile news headlines. Here are some recent cases of a product recall - some of these incidences spanned worldwide and it was necessary to recall millions of units as quickly as possible. High profile cases have added to customer concerns and fuelled demand for product recall insurance. The impact of a recall similar to these has the potential, if not managed well, to cause severe damage to a company’s brand reputation and balance sheet, and as such is a highly relevant concern. PR3(V1)Feb/05/10GC/ZCA
现行法律下的工伤责任 雇主责任 工伤保险 工伤统筹基金 企业自担 -工资收入 5-10级伤残就业补助金 5-6级伤残津贴
您的产品责任风险 We have all seen the high profile news headlines. Here are some recent cases of a product recall - some of these incidences spanned worldwide and it was necessary to recall millions of units as quickly as possible. High profile cases have added to customer concerns and fuelled demand for product recall insurance. The impact of a recall similar to these has the potential, if not managed well, to cause severe damage to a company’s brand reputation and balance sheet, and as such is a highly relevant concern. PR3(V1)Feb/05/10GC/ZCA
因所生产、出售或分配的产品有缺陷,导致使用或操作该产品的第三者受到身体伤害或财物损失所负的法律责任。 广义上的产品 商品本身 附属的包装物、容器、部件、设备 有关的说明、警告、担保、销售资料等 服务 产生原因:设计-制造-检验-包装 特性 持续存在(long tail) 已发生的事故但还未报上的损害(IBNR)
对出口企业的挑战 责任归属的界定? 赔偿金额的协商? 海外法律环境? 快速有效应对解决?
产品安全防损计划 管理层对生产安全产品的承诺 设计与研发 原材料、零部件及供应商管理 质量控制 产品包装/广告 标签、警告与产品说明书 合同及文档管理 其他 A product safety program serves a dual purpose: it fosters the development of safer, higher quality products and can reduce the risk of product liability losses. Evaluating the insured's product safety program not only assist the underwriter in predicting the likelihood of losses but also helps in determining just how prepared they are to defend a claim or suit. Risks that are not knowledgeable or concerned with product safety are more likely to produce poor quality products and not be able to provide the evidence to successfully defend claims or suits that are brought against them. The product safety program is commonly held out by a plaintiff's attorney as the standard of a reasonable manufacturer or distributor should meet. Our discussion regarding the evaluation of the insured's safety program will include the following: Managements Commitment to Safety Design and Development of the product Use of Raw Materials and Component Parts Quality Control Product Packaging Advertising Labels, Warning and Instructions
您的产品召回风险 We have all seen the high profile news headlines. Here are some recent cases of a product recall - some of these incidences spanned worldwide and it was necessary to recall millions of units as quickly as possible. High profile cases have added to customer concerns and fuelled demand for product recall insurance. The impact of a recall similar to these has the potential, if not managed well, to cause severe damage to a company’s brand reputation and balance sheet, and as such is a highly relevant concern. PR3(V1)Feb/05/10GC/ZCA
美国消费者产品安全委员会(www.cpsc.gov)
欧盟消费品召回统计 The challenges we discussed earlier have all contributed towards an increase in the number of product safety notifications to the relevant bodies. Here we can see the total number of EU consumer product notifications to Rapex (the rapid alert system for non-food consumer products) has risen steadily over the last 3 years, from 2006 -2008. We can also see here the breakdown by type of risk – injuries, electric shock, burns and choking/suffocation have remained the most common type of risk over the period. Data Source: RAPEX 2010 PR4(V1)Feb/05/10GC/ZCA
欧盟消费品召回统计 As previous slide. Data Source: RAPEX 2010 PR5(V1)Feb/05/10GC/ZCA
欧盟消费品召回统计 As previous slide Data Source: RAPEX 2010 PR6(V1)Feb/05/10GC/ZCA
您可能面临的财务损失 产品召回费用 修复费用 第三方召回费用 勒索赎金 替换费用 咨询公关费用 经营中断 预期利润损失 Our policy offers loss coverage for: Product recall costs – transportation of returns and storage expenses. Additional media communications including advertising and emergency phone lines. Testing and examining the product. Repair or disposal of the product. Return of the repaired or replaced product. Plus any additional employee costs and other necessary expenses. Third party recall costs – replacement costs that have been incurred by a customer of the insured in the event that the product becomes part of a product manufactured, distributed or handled by the customer. Replacement costs – cost of restoring the product to merchantable quality or replacing the recalled product that has been destroyed. Business interruption – losses resulting as a consequence of the product recall calculated from the loss of gross profit and increase in cost of working. Rehabilitation costs – expenses incurred to re-establish the product to the reasonably projected level of sales or market share anticipated prior to the recall. Extortion costs –Ransom monies paid as a direct result of product extortion discovered during policy period. - Costs arising from the loss of ransom monies sustained during their transit or delivery and whilst in the custody of a person authorized by the insured. - Extortion expenses as a direct result of product extortion. - Travel and accommodation costs incurred while attempting to negotiate the mitigation of product extortion. Consultant & Advisory costs – reasonable and necessary expenses incurred following the appointment of consultants or advisors to assist in the mitigation of the loss. Defence costs – Fees, costs and expenses incurred to mitigate a loss or potential loss for litigation, arbitration, mediation, adjudication or any other process of dispute resolution in connection with the incident. 预期利润损失 PR14(V1)Feb/05/10GC/ZCA
您需要做什么? 持续改进产品安全 产品召回方案 危机公关 制定 演练 及时修订 Although it is essential for organizations to invest in product safety through good supplier management and rigorous quality assurance, it is equally important to plan for the event when these risk management precautions fail. We are offering customers the option to dedicate part of their premium towards consultancy and training services to assist planning and preparing for a recall. Pre loss product safety and recall consultancy includes: Product safety improvement services– assessment of product safety systems, assessment of documentation and reviews of quality assurance procedures. Recall planning review- recall system assessment, product traceability and retrieval check and product recall classroom training. PR11(V1)Feb/05/10GC/ZCA
您未知的潜在风险 We have all seen the high profile news headlines. Here are some recent cases of a product recall - some of these incidences spanned worldwide and it was necessary to recall millions of units as quickly as possible. High profile cases have added to customer concerns and fuelled demand for product recall insurance. The impact of a recall similar to these has the potential, if not managed well, to cause severe damage to a company’s brand reputation and balance sheet, and as such is a highly relevant concern. PR3(V1)Feb/05/10GC/ZCA
电磁辐射 BPA 纳米技术 气候变化 特氟龙 …
解决方案及建议 We have all seen the high profile news headlines. Here are some recent cases of a product recall - some of these incidences spanned worldwide and it was necessary to recall millions of units as quickly as possible. High profile cases have added to customer concerns and fuelled demand for product recall insurance. The impact of a recall similar to these has the potential, if not managed well, to cause severe damage to a company’s brand reputation and balance sheet, and as such is a highly relevant concern. PR3(V1)Feb/05/10GC/ZCA
避免风险 承担风险 转嫁风险 投保风险
几点建议 购买保险:通过一定的相对较小的财务支出将不确定的风险转嫁给保险公司,以保证企业在遭受风险时得以获得保障. 同时获取外部的资源、信息和技术进行风险管理以不断降低企业风险 作为风险管理成本的一部分,保险费用是一种长期的成本支出而非短期的投资行为 成立一个专门的风险管理部门,持续有效地发现存在的风险,并联合财务、行政、法律、公关等部门与专业人士合作提供解决方案
您可以做的更好! PR21(V1)Dec/01/09GC/ZCA