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NYSAIS & CAIS by WhiONJZ

VIEWS: 6 PAGES: 238

									        FEMA

  Protecting Your
   People & Your
     Posterior:
Laws & Standards for
     Your ERP
          Bo Mitchell
        911 Consulting
               President
    Police Commissioner (Ret.)
     Certified Emergency Manager

CEM, CPP, CBCP, CHCM, CHSP, CHS-V, CHEP
 CSHM, CFC, CIPS, CSSM, CSC, CAS, TFCT3,
                CERT, CMC
      Housekeeping

• Emergency Exits
• Copy of Presentation
• Survey
• Cell Devices
     Expert Consultant

• Landmark Legal Cases
• Expected Settlements:
       $1 Billion Each
• “Failure to Plan”
• “Failure to Train”
“Everything Is
 Always Your
    Fault”
911 Consulting Clients
   •GE HQ
   •Subway HQ
   •Health Net
   •Gartner HQ
   •Swiss Army HQ
911 Consulting Clients
   •Cablevision
   •ExxonMobil
   •Goodrich
   •Pratt & Whitney
   •Greenwich Cap
   •MasterCard HQ
 911 Consulting Clients

•14 Secondary
•Western CT Univ.
•Central CT Univ.
GM Renaissance Center
      Detroit
Waldorf=Astoria
    NY, NY
7 World Trade Center
       NY, NY
Waldorf=Astoria
    NY, NY
POP
Quiz
  POP QUIZ

•1910.34
•1910.38
•1910.39
 POP QUIZ

•DHS
•S&P
•NFPA 1600
POP QUIZ


 •GAO
•AHRQ
POP QUIZ

•BJS
•NASRO
•NCEF
POP QUIZ

•NRF
•ICS
•NIMS
29 U.S.C.
§666(e)
Suzanne’s
  Law
HDWSI
  POP QUIZ

  500
 Plans
Reviewed
  POP QUIZ

  OSHA
Compliant?
    POP QUIZ

OSHA Compliant:

   ONE!
FUBAR
Fair Warning!!!

I Will Be
 Candid
“Everything
 Is Always
Your Fault”
Tell Me:
 What’s
Required
by Law?
Campuses
Compliance
  Issues
  Emergency Planning

•Authorities
•Who Is Covered
•Responsible
 Party
Before You’re
 a Campus,
  You’re a
 Workplace
    OSHA
is not a town in
   Wisconsin.
     OSHA



29 CFR 1910.34
  “Sections 1910.34
through 1910.39 apply
   to workplaces in
   general industry
    except mobile
 workplaces such as
 vehicles or vessels”
       OSHA
Every Employer in US
Shall Have EAP & FPP
     Without
    Exception
        Mandatory
1.OSHA Regulations
 29 CFR 1910.38/.39
  • Emerg Action Plan
  • Fire Prevention Plan
2.State Fire Code
 Contents: ERP


NFPA 1600
  All-
Hazards
 Plan
     National Standard
        NFPA 1600:
 Recognized in Law by US
  Congress in ‘04 & ‘07 the
          Standard.
Juries & Parents Expect that
Children Will Be Protected by
  Standard Recognized by
          Congress
  NFPA 1600 Standard

•California
•Florida
•Connecticut
    New for 2011
DHS WILL Publish
 New Regs Aimed
  Specifically at
  All Pvt-Sector
   Employers!
Standard Used?


NFPA 1600
  New for 2011


   New:
Standard &
   Poor’s
          New for 2011
• S&P Audit Requirements:
  Review Your ERP, DR &
  BCP.
• If you can’t be resilient, then
  you can’t pay your bills,
  LOC, mort., loan, etc.
Standard Used?


NFPA 1600
       NFPA 1600 Standard
• These Are “Shoulds,” Not
  “Shalls.”
• BUT, in the Hands of a Litigator
  in front of a Jury (All Parents):

  The “Shoulds,” turn
     into “Shalls.”
        So….
•OSHA: Shall
 Create/Train Plans
•NFPA 1600:
 Contents: All
 Hazards
“Everything
 Is Always
Your Fault”
  Who
   is
Covered?
      Who Is Covered?

1.Employees (OSHA)
2.All Occupants (Fire Code)
3.Contractors (OSHA)
4.Special Needs (ADA+)
5.Visitors (Prem Liability/FC)
6.New: DHS & S&P
   Unilever

Responsible
  Officer?
 Responsible Party?


 Senior
Officer on
Premises
CEO=Resp Officer
2 US Sup. CT
Decisions:
   •1943
   •1980
“Everything Is
 Always Your
    Fault”
     Contractors
• Imbedded      • IT
• Short Term    • HR
• Cafeteria     • Summer
• Bus           • Day Care
• Landscaping   • Security
    Contractors

•OSHA: You’re the
 “Host Employer.”
•Shall Treat Them
 Like FTEs
      Contractors

You Can NOT
 Outsource Risk.
You CAN share it by
 contract
“Everything Is
 Always Your
    Fault”
   Why Plan?

U.S.: Justice
Measured in
     $$$
         Why Plan?
• U.S.: Justice Measured in $$$

•More Justice?
 More $$$
         Why Plan?
• U.S.: Justice Measured in $$$
• More Justice? More $$$

•Juries Armed:
 Commas & Zeros
          Why Plan?
• U.S.: Justice Measured in $$$
• More Justice? More $$$
• Juries Armed: Commas & Zeros

•Jurors: Most Are
 Parents
Cook County Fire
Cook Co. Fire
   6 Dead
 $4-5 Billion
One Meridian Plaza
1 Meridian Plaza
   3 Dead
  $4 Billion
First Interstate Bank
1 st
   Interstate
   1 Dead
  $2 Billion
“Everything Is
 Always Your
    Fault”
How Much
Does Your
Deposition
  Cost?
Your Depositions

3 Days Prep
  Your Depositions
3 Days Prep
2 Days Rehearsal
  Your Depositions
3 Days Prep
2 Days Rehearsal
2 Days w. You In Dep
  Your Depositions
3 Days Prep
2 Days Rehearsal
2 Days w. You In Dep
7 Days @ $3,000/day
Your Depositions
3 Days Prep
2 Days Rehearsal
2 Days w. You In Dep
7 Days @ $3,000/day

$21,000
Your Depositions
 3 Days Prep
 2 Days Rehearsal
 2 Days w. You In Dep
 7 Days @ $3,000/day



 $21,000
 Per Person
       National Research
•85%
• Safety: MOST Important Issue at Work
• More Imp than:
            »Wages
            »Leave
            »Sick Days
            »Overtime
            »Union
    Higher Ed
4,146 Campuses
18 Million Stdnts
Before You’re
 a Campus,
  You’re a
 Workplace
Emergency Response Planning



   Why
   Plan?
 Risk
Never
Sleeps
  Risk
 Always
Multiplies
Compliance &
  Threats
 Combined
What Are the
  Risks to
 Campuses
    Threats

 3.8 Million
Concussions
   Yearly
      CDC
            Threats
    19+ : Sports/Recreation

• 1.6 million Injuries:
  All Kinds
• 66,000 Hospitalized



              CDC
          Threats
  19+ : Sports/Recreation

•73,000 TBIs
•10,500
 Hospitalized
             CDC
              Threats

17,000 Students
Injured on Buses
    per Year
(As Reported in Emergency Rooms)
        National Coalition for School Bus Safety
     Threats
  2,200 Fires
Yrly in College
     Dorms

       NFPA
        Threats
     Tot = 797,500
       per Year!

       Only 42.5%
are closed with a benign
       explanation
           DOJ
       Threats
       Bullying
160,000 Kids Stay Out
   of Classes Every
  Day Because of the
   Threat of Bullying
               Threats
• 18% of students in
  affluent suburban schools
  have carried weapons to
  classes
• 48% of students in
  affluent suburban schools
  report knowing a friend
  who carried a weapon to
  classes.
       Weapons in an Affluent Suburban School Study
             Threats

•16% of college
 students report
 multiple bouts of
 depression;
•1% attempted
 suicide.
      ACHA National College Health Assessment
Before You’re
 a Campus,
  You’re a
 Workplace
      Threats

    4.1 MM
Workplace Injuries
    Annually
        DOJ
      Threats


  2 million
Workplace Violence
    Annually

        DOJ
      Threats
    Every Day:
•2 People Murdered
    Every Hour
     • 26 Rapes
        DOJ
 Threats

349,500
HazMat
 Spills
   NFPA
          Threats
        HazMat Spills
   • 800,000 Shpmnts Daily
     • 60,000 Spills Yearly
• Train-on-Vehicle Collision:
       Every 90 minutes
            DOT & EPA
     Threats


   10,000
Sudden Cardiac
    Events
     American Red Cross
  Threats

 5,071
Workplace
 Deaths
    OSHA
     Threats

   111,500
Structural Fires

       NFPA
     Threats

$2.6 Billion
     Loss:
Structural Fires

       NFPA
       Threats
• Chemistry Lab
• Summer Program
• Day Care Program
• After-School
  Program
         Threats
•Volunteers
•Visitors
•Coaches
•Contractors:
  Cafeteria, Facilities
“Everything Is
 Always Your
    Fault”
      Threats

    78%
Orgs Out of Biz
  In 2 Years
    Agility Recovery Solutions
       Threats

       90%
Can’t Resume: 5 Days
 Out of Biz: 1 Year
       Agility Recovery Solutions
 Campus
Readiness:
State of the
    Art
  National Research

• GAO 2007
• AHRQ 2009
• BJS (2004-05)
• NASRO (2001-04)
• NCEF (2008)
    National Research

• GAO 2007: F
• AHRQ 2009: F
• BJS (2004-05): C
• NASRO (2001-04): F
• NCEF (2008): D
All Nat’l Research: Most Campuses
Under Planned
Under Trained
Under Exercised
Under Drilled
Don’t Coord/Train w.
 Emergency Services
NACUBO
 Coord w. Local ES?
Non-Existent for:
  Planning
  Training
  Exercises
  Drills
              NASRO

• 92%: “soft targets” for
  terrorists
• 74%: Inadequately
  prepared.
• 51%: Em plans are not
  adequate.
          National School-Based law Enforcement Survey
             NASRO
• 66%: Plans are not
  exercised
• 55%: Staff not receive
  training
• 65%: Bus drivers not
  trained
         National School-Based law Enforcement Survey
  All-
Hazards
 Plan
  All-Hazards Planning

This Is Not Your
    Father’s
  Emergency
      Plan!
All-Hazards Planning

 Not Just:
 •Fire
 •Weather
 •Lockdown
          All-Hazards Planning
1.   Shelter in Place   9. Kidnapping
2.   Chemical Spills    10.Amber Alert
3.   Active Shooter     11.Search & Seizure
4.   Hostage            12.Emergency Shutdow
5.   Suicide Attempt    13.Earthquake
6.   Bus Incident       14.Power Failure
7.   Missing Student    15.Mandatory Evac
8.   Bullying           16.Terrorism
         All-Hazards Planning
•   Summer Prog       •   Lab Safety
•   After-School      •   Visitors
•   Day Care Prog     •   Contractors
•   Theater Safety    •   Volunteers
•   Shop Safety       •   Field Trips
•   Fall Protection   •   Trips Out of St
•   Spill Clean-Up    •   Trips Abroad
        Common Mistakes
All About Students, But We Ignore:

• Employees       • Day Care
• Volunteers      • After
• Temps             School
• Coaches
                  • Summer
• Visitors
• Contrctors
       Common Mistakes
               Drills
• Employees       • Day Care
• Volunteers      • After School
• Temps           • Summer
• Coaches         • Yr Around
• Visitors
• Contrctors
    OSHA
29 CFR 1910.38
“Procedures to
 account for all
employees after
  evacuation”
       Common Mistakes
       Headcounts
• Employees    • Day Care
• Volunteers   • After
• Temps          School
• Coaches      • Summer
• Visitors     • Yr Around
• Contrctors
      Common Mistakes
      Headcounts
• Required by Fed Law for
  Employees
• Must Have a Real Procedure
• Must be Able to Account for
  Everyone to Em Services for
  Any Hazard
  Emergency Team

    OSHA
29 CFR 1910.38
“Emergencies
 don’t keep
office hours.”
       Common Mistakes
    Emergency Team
• Not Clear Cut Who Commands
  in Absence of Top People
• Not Enuf Commanders for a
  Real Crisis. US Gov’t: 1:5
• Summer? Day Care? After
  School?
     Emergency Team
•   Too Small: DHS/NIMS 1:5
•   Not Trained
•   Not Enuf Radios
•   Not Deployed:
     All Bldgs
     All Hours
     All Holidays/Wknds
     Em Team Size
•Never Enuf Team
 Members
•NFPA 1600: 1:3 - 1:7

     •DHS: 1:5
•1:5 Emps?
•Or 1:5 All
 Personnel
 Recommendation
   Train All
 Employees As
  Emergency
Response Team
   Training

   “Train
 Everyone…
Including the
   Band.”
OCEANOS
    Oceanos

•1991
•571 Personnel
•Sinking
            Oceanos
• 1991
• 571 Personnel
• Sinking


•Capt & Crew
 Abandoned 1 st
              Oceanos
•   1991
•   571 Personnel
•   Sinking
•   Capt & Crew Abandoned 1st


•The Raised
 No Alarm!
       Oceanos
 "When I give the order
abandon ship, it doesn't
matter what time I leave.
     Abandon is for
   everybody. If some
people want to stay, they
       can stay."
    OCEANOS

•7 Hrs to
 Rescue
         OCEANOS
• 7 Hrs to Rescue

•SA Navy &
 AF: 16
 Helicopters
           OCEANOS
• 7 Hrs to Rescue
• SA Navy & AF: 16 Helicopters


•Tour Director
 Took
 Command
         OCEANOS
• Tour Director Took
  Command

•The Band:
 Emergency
 Team
   Training

   “Train
 Everyone…
Including the
   Band.”
Emergency Team


•OSHA
•NIMS
“Everything Is
 Always Your
    Fault”
      Common Mistakes
   Communications
Cells, Land Lines, IT & Power
           Will All Fail
    How to Communicate:
     Headcounts
     Injured Person
     Unfolding Situations
 Communications

  Only Way:
2-Way Radios
   For All
     Common Mistakes
        Training
•Great plans are a
 smart thing.
•Training is
       everything.
    Training is Everything
• 737 Canada Fiery Crash
  Evacuation
       No Fatalities

• 737 Greek Fiery Crash
       55/137 Fatalities
   Training is Everything
      Difference (NTSB)?
• Non-Fatal Crash: 75%
  were frequent business
  flyers
• 55 Fatalities: Almost 100%
  were 1st-time flyers
    Hudson River

Survival was not
 the result of a
 miracle…
    Hudson River

Survival was the
 result of
training.
       Common Mistakes
          Training
             Mandatory
• Train All Personnel
• In Classroom
• Annually & At Hire
• “Qualified” Trainer
   (by Experience, Training)
          Training
• Online Can Only Supplemnt
• Must Include:
       Employees
       Contractors
       Volunteers
       Coaches
       Temps
 Fire Extinguisher Training

• Conference Room
  Training
• MUST Include a Live Burn
  Outside
• MUST be Annual
       Common Mistakes
         Bullying
• Policy: “We’re Against it”
• No Hard Procedures or
  Reporting
• No Training
      Common Mistakes
          Buses
• Most Bus Companies Do
  Not Fulfill Their Own
  Training Rquremnts
• What’s in Your Contract?
• Should Be All Hazards
“Everything Is
 Always Your
    Fault”
      Common Mistakes
   Evacuation Maps
• Required by Law
• Must be for Every
  Employee from Any/All
  Parts of Every Building,
  NOT Just Classrooms
  Evacuation Maps

    OSHA
29 CFR 1910.38
29 CFR 1910.36
29 CFR 1910.37
        Common Mistakes
      HazCom: MSDS
• OSHA: Emp Right to Know
• You Must Have HazCom
• Plan Must be Trained At Least 1X
  to All Employees (Classroom) &
  when any new Chemicals Are
  Intro.
• Most Cited OSHA Reg/Fine
    HAZCOM


29 CFR 1910.1200
      Common Mistakes
     Theater/Stage
• Dangerous Places
• Need a Safety Plan
• Need Training:
       Faculty/Staff
       Students
       Volunteers
     Concussions

•3.8 MM in US
•235,000 Hospitlizd
•49,900 Deaths
         CDC
  Concussions: Aged 18-24

• 1.4 Million Incidents
• 130,600 Em Dept
• 28,000 Hospitalized
• 6,194 Deaths
            CDC
        Common Mistakes
  Medical Emergency
• Establish Standard of Care
• Emp, Volunteers, Visitors, etc.
  Not Just Students
• When to Call 911
• Prohibit Transport Off Campus
• Who is Trained/How Many
     Medical Emergency

        1st
          Aid:
   29 CFR 1910.151
Bloodborne Pathogens:
   29 CFR 1910.1030
         Common Mistakes
       Special Needs
• Required by St. & Fed Law
• Emp, Volunteers, Visitors
• Pregnant, Move Slowly, Hard of
  Hearing, No English…
   Temporarily on Crutches, etc.
• Integrate into Emergency Team
      Special Needs
1. ADA 28 CFR 36
2. ADA Guidelines
3. ANSI A117.1
4. DHS Exec Order 13347
5. NFPA 507
6. NFPA 101
7. NFPA 1600
       Common Mistakes
          2 nd Site

• How Do We Do This in a Real
  Crisis
• Transportation
• 2nd Site Ready: Toilets, Phones,
  Medical, Heat, etc.
• Planned? Trained? Drilled?
  Exercised?
         Common Mistakes
          Field Trips
• More Than a Signed Release
• You Are Totally Responsible Near,
  OOS & Abroad
• Written Plan: Address Behaviors &
  Responses of Students & Adults
• Training: Critical
• Command/Control/Comnctns
      Common Mistakes
       Stadium
• Needs Stnd-Alone Pln
• Never Exercised
• Never Drilled
• Always Hated
       Common Mistakes
        Plagiarism
• Dangerous & Illegal
• “Site Specific”
• Dist to All Facilities
• Copy an “F” Student,
      Get an “F”
• Titanic Liabilities
  Common Mistakes
Plans Out of Date
•No Annual Review
•Best Practices
•New Laws/Regs
•Training/Drills
Suzanne’s
  Law
Missing Students

 12,000
Recorded
      NCIC
     Suzanne’s Law
• Fed: §3701(a) CCA 1990
• 31 December 2005
• Mandatory: 18-21 Missing
• No Waiting Period
• Must Investigate
• Report: NCIC
     Common Mistakes
   “No One Cares”
•Common Belief
•160,000 Calls: OSHA
•Costs: Fines +Sr.Time
 +Lawyers
  Common Mistakes
“No One Cares”

OSHA Enforces
Whistleblower
  Law for 19
  Agencies
“Everything Is
 Always Your
    Fault”
     Common Mistakes
   “No One Cares”
•“Failure to Plan”
•“Failure to Train”
•29 U.S.C. §666(e)
   Common Mistakes
  “No One Cares”

•Negligence
 Presumed
•Courts Love NFPA
      Common Mistakes
    “No One Cares”
“There are precautions so
 imperative that even their
  universal disregard will
   not excuse omission”
  Common Mistakes


 “We’ve Had No
   Incidents”
“We’re a Family”
  “We’ve Been
     Lucky”
  Common Mistakes



“Luck Is Not a
  Strategy”
Summary
 Risk
Never
Sleeps
  Risk
 Always
Multiplies
       Threats


•17m Bus Injuries
•2MM WPV Incidents
   Threats

Concussions

 3.8MM
 Yearly
       Threats

•12,000 Missing
•18% Carry Weapons
•Studies: Unprepared
  Compliance Standards

•OSHA
•St Fire Code
•NFPA 1600
•DHS
•S&P
  All-
Hazards
 Plan
          All-Hazards Planning
1.   Shelter in Place   9. Kidnapping
2.   Chemical Spills    10.Suzanne’s Law
3.   Active Shooter     11.Search & Seizure
4.   Hostage            12.Emergency Shutdown
5.   Suicide Attempt    13.Earthquake
6.   Bus Incident       14.Power Failure
7.   Missing Student    15.Mandatory Evac
8.   Bullying           16.Terrorism
         All-Hazards Planning
•   Summer Prog       •   Lab Safety
•   After-School      •   Visitors
•   Day Care Prog     •   Contractors
•   Theater Safety    •   Volunteers
•   Shop Safety       •   Field Trips
•   Fall Protection   •   Trips Out of St
•   Spill Clean-Up    •   Trips Abroad
    Common Mistakes

•Focus: Studs Only
•Drills
•Headcount
•Emergency Team
•Communications
   Common Mistakes

•Buses
•Evacuation Maps
•HazCom/MSDS
•Theater/Stage
•Medical Emerg.
 Common Mistakes

•Special Needs
•2 nd Site

•Field Trips
•Training
    Common Mistakes
• Plagarism
• “No One Cares”
• Plans Out of Date
• “Luck Is Not a Strategy
“Everything Is
 Always Your
    Fault”
HDWSI
   HDWSI

How Do We
  Sell It?
   HDWSI

•Planning
•Training
•Drills
•Exercises
  HDWSI


•Board
•Faculty
•Parents
Getting It
 Done Is
 Tough!
 Over-
Riding
Issue?
Overriding Issue




DENIAL
The Scariest
   Word
  at Any
 Campus?
   NOT:
 “Cost” or
 “Price” or
“Budget” or
“Headcount”
 Scariest Word?




Change!
At Campuses,
Change Almost
Always Occurs
 Because of…
 Blunt Force
 Trauma from
the Outside…
…Never by
 Inspired
Leadership
 from the
 Inside…
  HDWSI




“JAWS”
   “Jaws”: Cultural Earthquake
• 1975: Hollywood Blockbuster
      1 st

• $260,000,000: 90 days
• 130MM: All US Adults 18+
• Scared the @#%* out of America
• Music Recognized Today
  Worldwide
• Denial
  HDWSI

“JAWS”:
  About


Denial
    “Jaws”: Cultural Earthquake
• “Won’t Close the
            Beaches” = $$$
• “Can’t Hire More
          Lifeguards” =$$$
• “I’ve Never Seen this Shark”
• “Are You Sure We Have a
         Problem?”
We Never See
 the Monster
 in the 1st 60

   Minutes
   HDWSI?

“We Need a
  Bigger
  Boat!”
Recommendations
  Recommendations

1.Inside Allies
  Recommendations

1.Inside Allies
  • Legal
  • Insurance
 Recommendations

2.Outside Audit
Recommendations
2. Outside Audit
 – Fire Marshal
 – Police
 – Insurance Co.
 – Other Expert
 Recommendations
3. Tabletop Exercise
Recommendations
3. Tabletop Exercise
 – Outsider
 – Insider
   Recommendations
1. Inside Allies
2. Outside Audit
3. Tabletop Exercise
         HDWSI

•It Won’t Be Easy
•But, That’s Our Mission
•Safety: All Prsonnel
“We Need a
  Bigger
  Boat!”
        FEMA

  Protecting Your
   People & Your
     Posterior:
Laws & Standards for
     Your ERP

								
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