Tag: liability

Do you have a solid Business Contingency Plan?

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Every project needs a safety plan as part of a solid contingency plan
Safety and security as part of the plan?

Since my goal for summer is a series of simpler Advisories, here’s another quiz – this one, for business owners. The quiz isn’t just a quiz, though. It’s designed to kick-start a “to-do” list (for all that free time you have this summer!).

The quiz is meant to get you thinking about your Business Contingency Plan. How solid is it, really?

Does it need reviewing? Updating? Maybe even completion because a few pieces are missing? Every improvement you make will give your business a better chance of avoiding an emergency and making it through if something does happen. We all know by now that without a workable plan, ANY emergency could blow up into a full-fledged disaster. Nobody needs that!

Let’s start with key elements of a solid business contingency plan. For example, does your Plan include  . . .

  • Evacuation policies (Who turns off what? Who keeps track?)
  • Adequate Shelter in Place supplies (What supplies? Where stored? How managed?)
  • Procedures for Work-from-Home employees (Equipment? Software? Security?)

Your Plan may be complete, but is it up to date? For example:

  • Have you updated your list of threats? New ones emerge every day! Cyber threats and financial challenges seem to be at the top of the list these days.
  • Does your communications plan alert not just employees and employee families but other key players (customers, suppliers, regulators, etc.)? What if the emergency happens over the weekend or on a vacation day? A solid business contingency plan takes a look at the latest communications technologies. They are impressive!
  • Given recent dangerous workplace incidents, should you update your security plan?

Often overlooked: Does your Plan consider Key Personnel?

  • Does every key position have someone trained as back-up? That includes you, as owner!
  • If a whole specialized team is suddenly knocked out (gets sick, for example), do you know where you’d hire a team of replacements – and where you’d put them?
  • Who understands what the competition might do if your business closes? Is that person prepared with appropriate public relations messages?

Where’s the money going to come from in an emergency?

  • How will you pay employees if the business is shut down? (Do they all have to be paid?)
  • How will you deal with rent, utilities, etc. (Can any be cancelled, at least temporarily?)
  • Will a business interruption trigger any fines for delays, broken contracts, etc.?

Does your Plan address potential legal exposure?

Are you doing what other owners in your industry are doing when it comes to planning for emergencies? If you don’t have a solid plan, could you be blamed for “negligent failure to plan?” You don’t need a lawsuit on top of your emergency!

This quiz is not a complete review!  There are many, many more questions that can be asked to help identify a solid business contingency plan. We hope that the quiz has reassured you. If it hasn’t, perhaps your “to-do” list now includes setting up a meeting with your emergency management team, or your insurance agent or attorney.

Did too many of these quiz questions make you uneasy?

You may want to take a closer look at your Plan. For easy-to-follow guidance, we recommend our latest book, Back Up and Running.

Book: Back Up and Running - DIY Emergency Preparedness Planning for Small Business

More like a workbook than a text, Back Up and Running is written for business owners without any contingency plan. It covers all the basics using a 10-day schedule.

One of the experts who reviewed the book described it as “VERY high level.” I take that to be a polite way of saying it sticks to the basics and doesn’t get off into detailed weeds. . . which is exactly what it was meant to be! Take a look a the the book here, on Amazon. For $10, you may find yourself relieved – or inspired. Either way, a worthwhile investment.

Virginia
Your Emergency Plan Guide team

P.S. As always, let us know what “hit the spot!” when it comes to your business!

P.P.S. If you’re interested in other Advisories for business owners, you might find these useful:


What Will You Take When You Evacuate?

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Emergency exit

 

Remember the movie “Sully”? Talk about emergency response!

Sully tells the story of the emergency landing of a commercial airliner on the Hudson River in New York in 2009. Captain Chesley “Sully” Sullenberger brought the plane down on the water after engines were lost when the plane hit a flock of geese.

Two great moments from the film.

The day after the movie we used it at our neighborhood meeting to highlight crisp and clear emergency radio communications.

Remember when Sully was asked if he wanted to attempt a landing at Teterboro (NJ), and we all knew that it was just too far given how low they were, how they were losing altitude, how the motors wouldn’t re-start, etc.?

Sully responded to the complicated situation and to the question with just one word: “Unable.”

The movie had another wonderful moment that inspired me to write. At the last minute, after Sully had checked the entire sinking plane twice to be sure no passengers were left, he made his way back up to the cockpit. He grabbed a clipboard, then turned and jumped out of the plane.

I don’t know what that clipboard had on it.

But it was obviously important. And since everything he and co-pilot Stiles had done so far was “by the book,” grabbing that clipboard was obviously on his list.

And thus today’s Advisory.

If YOU have to evacuate your office or workplace, what would YOU take with you?

Do you have a list? Below is one you can start with. I say “start with,” because obviously every business setting is slightly different.

But every business, no matter how big or small, has certain legal obligations to its employees.

And when the business needs to restart after the evacuation, in the same location or in a different one, it will need certain vital information. Your list needs to have your company’s vital info on it.

What to take in an emergency evacuation

If you would like a full-size copy of the list, click here.

Action Item: Build a customized list.

Again, I recommend that you use this list only as a start. Take the time at your business to build a customized list. Some thoughts:

  • Keep it to one page! Use big print, simple language and the words you use in YOUR business.
  • You may want one list for employees and a different list for management.
  • Be sure employees keep their list handy/visible at all times.
  • You may want to assign certain employees as monitors to be sure certain areas of the office or workplace get evacuated.
  • You may also want to add to certain lists instructions about systems or machinery that need to be SHUT DOWN in the case of an evacuation.

We all use lists for everyday activities. But they work particularly well in the case of an emergency, when people can be rattled and in a hurry. Put some time into building your “What to take” list for your business, and you’ll feel and be safer.

Virginia
Your Emergency Plan Guide Team

P.S. The list, and this Advisory, assume you have a more comprehensive Business Continuity of Business Continuation Plan. If you haven’t really started to build one yet, sign up for our Advisories, because we’ll soon be announcing the 2018 version of our Guide to a Simple Business Continuation Plan.

 

Are Your Employee Communications a Disaster Waiting to Happen?

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Many companies are being forced to set up or beef up their emergency employee communications plans. Those that don’t may be courting liability.

Being sued for no disaster plan

Being sued . . .

Read on.

In today’s news, we learn from a simple press release that “The Boston Globe is making customized comprehensive safety guidelines available to all employees via a mobile app.” (That’s my emphasis.)

What does this have to do with YOUR company?

Start with these questions:

  • What has your company done about emergency response and emergency communications? Does it have a plan?
  • Is your company keeping up with what others are doing?
  • Is it meeting its legal responsibilities?

 

Managing emergency communications is an ongoing challenge.

 

1 – You face threats today that may never have been threats in the past.

Again, recent news stories tell of oil train explosions, once-in-a-lifetime flooding, live shooter events and cyberattacks that can cripple entire enterprises.

Is your workplace communications system set up to respond to “new” disasters as well as the usual ones? When did you last do a “risk analysis?”

2 – New technology means the world may hear about your emergency before your front office does.

What’s your procedure for making sure employees get instructions and the public – including suppliers and customers – gets factual information that will staunch rumors?

As Paul Barton, a business communications specialist says, “Rumours are created for a specific reason: they fill in the information void. If an organization does not tell staff what is going on, they will make up their own story.”

And today, that “story” will be out via YouTube and Twitter before the smoke has a chance to clear!

In the past, companies usually assigned one person to be the spokesperson in an emergency. Today, every employee can instantly reach a huge audience. You can’t stop that, but you can train employees in how to communicate.

3 – Employee turnover means your “communications plan” must be continually updated and employees must be regularly trained or they won’t be able to use it.

Not only does your workforce change, but the company premises themselves change. You may change your phone system, switch to a different internet provider or IT set-up, add a new website or a new office, invest in mobile devices for the whole staff, etc.

All these give the business and employees new communications options that must be considered in the emergency communications plan.

4 – Don’t overlook the families.

You may expect your employees to be ready to step up to protect the business and pitch in to get it back on its feet in an emergency.

Guess what. You may be wrong.

Over and over again in disasters, employees – even First Responders! – have abandoned their posts because they were desperate to find out if their families were safe.

If you can reassure employees about their families, your business continuity plan has a much better chance of working.

What this means is your emergency communications plan has to put family communications right up at the top. It must ask and help answer questions like:

  • How will the company communicate with employee family members regarding the status of the business and the employee?
  • What plan does the family have to get in touch with each other in an emergency?
  • Does the family have an out-of-state family contact person?
  • Has the family designated a place to go if they get separated and/or they can’t get back to their home?

 

5 – What responsibility does the company really have?

The “Prudent Man Rule” (now probably referred to as the “Prudent Person’s Rule”) has been around in the financial world for nearly 200 years. It says that someone responsible for another’s interests should exercise the same care, skill and judgment that other “prudent men” in that position would exercise.

When articles like the one about The Boston Globe appear in the daily news, you must ask yourself,

“If others are setting up new ways of communicating with employees during emergencies, could we be found deficient or even negligent if we haven’t updated our own plans?”

Here at Emergency Plan Guide we’re not offering legal advice. But we do know that businesses and particularly owners get sued. We believe they can improve their chances of coming through the legal system safely by demonstrating that their decisions with regards to emergency response planning are consistent with good practice.

Two more resources.

Action Item:  If your company’s emergency response plan needs updating, take a look at these for inspiration.

This article reviews the different groups that may sue you after a disaster, and suggests three steps you can take immediately to protect yourself from legal fallout.

If you haven’t thought about physical security, this article will list some “prudent steps” that other companies are taking in this regard.

Once again, this isn’t legal advice, but I hope it falls into the category of “good business” advice.

Virginia
Your Emergency Plan Guide Team

 

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Business Owner – Do you employ drivers?

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Alley

Where will your driver be when the disaster hits?

Delivering services to homebound seniors

At a meeting last week at the local American Red Cross, we were discussing a new program aimed at preparing the senior community for disaster.

Most of the people in the room represented companies that deliver services to homebound seniors. There were folks from Meals-on-Wheels, SeniorServ, and a whole group of home health care providers.

Home health care staff members drive from home to home to assist their elderly clients. In the case of an earthquake disaster, these drivers will likely be on the road in their car or in the home of a client when the earthquake hits. The drivers will NOT be at their own home, and they will NOT be at their employer’s office.

Homes with few if any resources

These senior clients are people who, by definition, are not self-sufficient. They may be disabled or frail. This means that the driver, caught in the home with the client, will be faced with taking care of the client as well as him or herself.

If the driver is on the road when the earthquake hits, what is her responsibility? To continue on to the client’s home when possible? Return to the office? Or head for home to join the family?

Responsibility of the employer

This situation raises several issues for the employer that need to be addressed through training or investment in appropriate emergency supplies and equipment. Based on the group at the American Red Cross meeting, there was no one correct answer. But everyone agreed that these questions DID deserve consideration, and a positive answer.

1. Do your drivers all have an emergency supplies kit in their vehicle?

2. Does the kit contain enough to share with a client?

3. Are your drivers clear about their responsibility to their clients in the case of an emergency?

4. Do you know how you will communicate with your drivers in an emergency?

5. Do you have a plan for communicating with your clients’ families in an emergency?

Are you an employer with drivers?

What emergency preparations have you made to cover your staff and your customers?  What liability do you feel you carry as the employer?  Please share!