Protecting Your People & Your Posterior: Does Your Emergency Plan Include Any of These 15 Errors?

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.

Why Plan?

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:

• 4.1 million workplace injuries
• 2 million incidents of workplace violence
• $2.6 billion in property loss from nonresidential structure fires
• 349,500 fire department responses to hazardous material spills
• 45,000 natural and manmade disasters
• 10,000 incidents of sudden cardiac arrest at work
• 5,999 accidental workplace deaths

Sources: OSHA, Department of Justice, National Fire Protection Association, American Red Cross, EPA

Risk always multiplies. What's the fallout for an unprepared organization?

• 78% of organizations who suffer a catastrophe without a contingency plan go out of operation within two years.
• 90% of organizations unable to resume operations within five days of a disaster go out of business within one year.

Sources: Agility Recovery Solutions, Continuity Insights Management Conference, London Chamber of Commerce Study

Compliance Issues: The Law

OSHA is not a town in Wisconsin. These OSHA regulations, apply to every employer in the United States, without exception:

• Emergency Action Plan 29 CFR 1910.38
• Fire Prevention Plan 29 CFR 1910.39
• Exit Routes: Design 29 CFR 1910.36
• Exit Routes: Maintenance 29 CFR 1910.37
• All Employers Covered 29 CFR 1910.34(a)
• st Aid 29 CFR 1910.151

In addition, the following federal regulations apply to many organizations:

• Hazard Communication/ MSDS (OSHA)
• Bloodborn Pathogens (OSHA)
• SPCC (Spill Prevention Countermeasures & Containment/EPA)

Your state fire code also applies to your organization.

Compliance Issues: The National Standard that will Torpedo any Defense

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.

All-Hazards Planning

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