As Originally published in Inside Homeland Security, Winter 2009.
By: Bo Mitchell
Tel: 203-563-9999
Email Mr. Mitchell
Most organization leaders believe their emergency plans are state of the art. In fact, their plans are dangerously flawed.
Plans don't comply with federal and state regulations. They ignore many classes of personnel and rarely consider visitors. Coordination with local emergency services is nonexistent. Personnel training is haphazard and illegal. And plans and training could never withstand the scrutiny of a jury. The risks to the organization are many. The exposures titanic.
This article will arm you with information for creating an emergency plan that complies with regulations-and protects your people, your organization, and your posterior.
Risk never sleeps. Emergencies can strike any organization with a direct hit, or they can destroy anything within a wide path. In the past year, organizations were vulnerable to these reported emergencies:
Sources: OSHA, Department of Justice, National Fire Protection Association, American Red Cross, EPA
Risk always multiplies. What's the fallout for an unprepared organization?
Sources: Agility Recovery Solutions, Continuity Insights Management Conference, London Chamber of Commerce Study
OSHA is not a town in Wisconsin. These OSHA regulations, apply to every employer in the United States, without exception:
In addition, the following federal regulations apply to many organizations:
Your state fire code also applies to your organization.
Finally, there is NFPA 1600. This National Fire Protection Association standard spells out requirements for emergency preparedness, disaster recovery and business continuity, along with drills, exercises, and training (See www. nfpa.org/assets/files/PDF/NFPA1600.pdf).
NFPA 1600 is recognized in law as the standard by the U.S. Congress [PL 108-458,§7305(a),(b)]. In actuality, NFPA 1600 is a standard that consists of "shoulds" and not "shalls." Any litigator will convince jurors that those "shoulds" are expected to be "shalls." Jurors will assume that you a) knew the regulations and standards, b) gambled with the life safety of your personnel, c) have deep pockets, and d) need to learn a lesson that sends a message to all organizations.
Consider that when you are sued for failure to plan and failure to train, you will be asked during your deposition and at the trial, "Is it your testimony that NFPA 1600 is good enough for the United States Congress but not good enough for you?"
Organization leaders must plan accordingly.
Bo Mitchell was Police Commissioner of Wilton, CT for 16 years. He retired in 2001 to found 911 Consulting which creates emergency, disaster recovery and business continuity plans, training and exercises for organizations like GE Headquarters, Cablevision, Goodrich, Western and Central Connecticut State Universities. He serves clients headquartered from Boston to LA working in their facilities from London to San Francisco. Bo has earned 16 certifications in homeland security, organizational safety and security. He also serves as an expert in landmark court cases nationally.
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