Category Archives: Security

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Companies Ignore Whistle-blower Protections

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Whistle-blowers are in the news more and more, but some organizations don’t seem to have caught up with the trend, or the fact that retaliation is illegal. They don’t seem to realize that negative reactions to a whistle-blower can make them look petty—and guilty.

Take two front page stories in our area newspaper on the same day this week. Both were about whistle-blowers who put their jobs on the line to come forward. One was fired, the other was suspended and later resigned.

In one case, The Journal News reported, a member of a New York town’s financial staff, the supervisor of fiscal services for more than 10 years, testified at a hearing that she notified several of her superiors that the town’s revenue projections were overestimated—on a financial statement needed for a bond application. She also reported improper money transfers—one made to the town supervisor. The woman was ignored, told to keep quiet, and eventually fired.

Not only did the town officials make no move to right the wrongs she reported to them, one official denied ever being told of potential corruption or fraud. Meanwhile, the town, which is also being investigated by the FBI, has filed perjury and other charges against this former employee.

The second newspaper article is about a former security expert at the Indian Point nuclear power plant in New York. Because he feared the plant was vulnerable to a terrorist attack, he voiced his concerns to supervisors. In June he was suspended.

He filed a 76-page lawsuit in the U.S. District Court alleging misconduct and retaliation against him. The Indian Point employee alleged that security was inadequate and that documents and internal reports were falsified.

Unfortunately these sound like other stories in the news over the past few years following the financial crisis. At Lehman Brothers, the company’s chief risk officer, Madelyn Antoncic warned Dick Fuld, the CEO, that their risk in mortgage-backed security bets was too great. Her warnings were ignored. Her reward was to be fired.

The knee-jerk reaction of many organizations seems to be; get rid of the employee, blame the employee and then go to court. It appears that the whistle-blower protections under the Dodd-Frank Act, such as prohibiting retaliation against whistle-blowers, is still a mystery to some organizations.

Fraud experts contend that the burden is on the organization to see that employees are comfortable in coming forward and that their concerns are addressed. They advise companies to have hotlines available for employees to provide whistle-blower tips—and to act on those tips.

Whether or not a company is guilty of fraud, firing an employee for coming forward can make the organization look guilty and cause a whole host of other problems, including risk to the company’s reputation. Public entities and corporations would do well to study Dodd-Frank and put a plan in place before an employee does come forward. Have organizations learned nothing from Watergate? The cover-up always leads to exposure of the crime.

Managing Risk at America’s Big Game

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As the Super Bowl gets under way Sunday in New Orleans, event organizers will be working feverishly behind the scenes, making certain that all aspects of the game go off without a hitch. From plans that focus on the potential for severe weather to controlling alcohol intake by fans to ensuring the halftime show goes on, organizers and insurers are working around the clock leading up to, during and immediately after the game. I contacted Chris Rogers, director of risk control at Aon Risk Solutions and Lori Shaw, sports and leisure practice leader for Aon Risk Solutions to get their take on the risks and how they are handled.

RM: New Orleans is known for its party atmosphere.

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How will event organizers protect employees, fans, vendors and facilities from crime and unruly visitors?

Chris Rogers: Event organizers will work closely with local law enforcement personnel and emergency response personnel to assess any risks to employees, fans, vendors or the facilities. A threat assessment will be completed and preparations made and put into place that serve to mitigate or eliminate those threats. The NFL and team owners have made a commitment to providing a safe and secure venue for everyone’s enjoyment.

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They have also worked closely with organizations, such as [Techniques for Effective Alcohol Management] T.E.A.M. Coalition, to promote the responsible use of alcohol and have provided VIP tickets for the winners of designated driver contests held throughout the season. Event organizers have received outlines and guidelines relating to security matters that are intended to be shared with their personnel and event attendees that provide additional support for those events during this time.

RM: What types of insurance needs to be in place to protect event organizers from myriad of possible risks?

Lori Shaw: Event organizers need to consider not only the traditional lines of insurance purchased by a business enterprise, such as general liability, property, workers compensation and auto, but also specialty coverages designed to protect event-specific activities, such as athletic participant legal liability, volunteer and participant accident, liquor liability, directors and officers, coverage for pyrotechnics, third-party property damage, terrorism (and threat of terrorism) and event cancellation, including adverse weather, communicable disease and non-appearance of essential performers/players/entertainers.

RM: How do event organizers navigate advertising and sponsorship exposures?  

Shaw: For large events, the advertising risk is usually carried by the broadcaster. The risk of broadcast interruption could be passed to the event organizer, and if that is the case, the event organizer would look to secure broadcast interruption insurance.

RM: What happens in the case of extreme weather, such as an off-season hurricane or rare Louisiana snowstorm?

Rogers: The NFL and other sporting organizations have developed plans over the years to address the additional and unique challenges posed by extreme weather. These plans have been developed in conjunction with public and private weather services to ensure that the best information is available to event organizers so that they can respond properly and in a timely manner. These plans are further augmented by the development of emergency contingency plans that address what will be done if the weather affects the game, either just prior to the beginning, or even during the game. If something occurs during the game, the stadium’s “shelter-in-place” plan would have to be activated.

RM: What if the half-time headlining act cannot go on? Are event organizers prepared with a backup plan?

Rogers: A backup plan will greatly depend upon when it becomes apparent that the headliner cannot go on. If it is a few days before the event, a substitute act could possibly be arranged. If the change is something that is sudden and occurs just before halftime, it will mostly depend upon who is involved and what might be an alternative. Perhaps the rest of the pageantry can be expanded or they could cut to the broadcaster’s booth for additional commentary on the game.

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Pirate Attacks Decrease Drastically

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In the past several years, pirate attacks on vessels in the northern Indian Ocean made headlines as hostages and the ships on which they worked were held for ransom in record numbers. It proved to be an attractive and lucrative career for poor residents of Somalia and surrounding areas — many of whom have little prospects for traditional money-making opportunities.

But pirates haven’t been so successful in recent months. In fact, the U.S. Navy reports that there was an 80% decline in overall attempted attacks in 2012 compared with 2011. In terms of vessels hijacked, the number decreased by almost 75%. The reason for this drastic decrease is simple: self-defense.

As African Business reports:

“The ultimate security measure a commercial ship can adopt is the use of privately contracted armed security teams,” says Andrew Shapiro, Assistant Secretary in the Bureau of Political-Military Affairs of the US State Department. “These teams are often made up of former members of various armed forces, who guard merchant ships during transits through high risk waters,” he told a recent briefing in Washington. “The use of armed private sector security teams has been a potential game changer in combating piracy. To date, not a single ship with armed security personnel aboard has been successfully pirated.”

Other protective measures adopted by merchant shipping includes passing through high risk areas at full speed and erecting physical barriers, such as razor wire, to make it more difficult for pirates to come aboard.

So, even though the threat remains, it seems that companies are taking every effort to prevent attacks on vessels and staff. As Secretary of State Hillary Clinton noted in a 2009 speech, “We may be dealing with a 17th century crime, but we need to bring 21st century solutions to bear.” It seems those 21st century solutions are working.

 

 

Preventing Workplace Violence

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The summer of 2012 produced one of the most alarming streaks of workplace-related violence in recent memory. Among the deadliest and most-publicized events were:

  • the movie-theater rampage in Aurora, Colorado, which 12 people were killed and 58 wounded
  • the Sikh Temple shootings in Oak Creek, Wisconsin, that left seven dead, including the shooter
  • the workplace shooting near the Empire State Building, with two dead and nine wounded
  • the early-morning grocery store shooting in New Jersey, which killed three people
  • the hostage situation in an office building in Pittsburgh that ended without violence
  • the shooting at a Minnesota sign company, that killed six victims, plus the shooter

FOR A FULL LIST, SEE THE NOVEMBER ISSUE OF RISK MANAGEMENT

These tragedies all occurred within two months. The stream of headlines describing violence at various places of employment was long and horrifying, and the lives of those affected will never be the same. Is such a streak an indication of a trend towards increasing violence? Or was this an awful series of coincidences?

According to the Bureau of Labor Statistics, 4,609 people died at work in 2011, and 10% of those deaths (461) were the result of homicide.

Although the numbers may appear small compared to the size of the workforce at large, they still represent more than one death by homicide at work each day. What’s more, each death has a tragic ripple effect that extends deeply into families, businesses and communities.

These situations are often perceived to occur suddenly and without warning, but there are often signs in the months, weeks, or days leading up to the incident­­­: changes in mood, increased absenteeism, or angry outbursts. To minimize risk of a violent incident, all employees — managers, supervisors and co-workers — should be trained and empowered to report these sorts of warning signs as they occur.

Types of Workplace Violence

The headlines focusing our attention on disgruntled co-workers may actually be masking aspects of workplace violence that are not only more significant, but also preventable. For example, 39% of women who are murdered at work are victims of estranged husbands or boyfriends. In many cases, there is a history of domestic violence.

Recognizing the signs of domestic violence and providing resources for assisting victims is a vital part of providing a safe workplace.

One-third of all cases of workplace homicide involve robbery. These cases often target employees in banks, retail or transportation, where there is a known presence of cash and exposure to the public. These situations should follow OSHA guidelines for a safe workplace.

Focusing our attention on workplace homicide can also obscure the depth of the continuum of workplace violence. Almost two million U.S. workers experienced violence at work in 2011. Violence stretches from verbal threats to physical assault and homicide. The much greater extent of these varying forms of workplace violence suggests a tremendous cost to employers in categories such as lost productivity, absenteeism and employee turnover.

The Need for Training

The lower-level forms of workplace violence can often be prevented or mitigated through violence-prevention training. While no policy can eliminate the risk of violence at work altogether, a few basic steps can make employees more vigilant and better prepared to recognize and react.

  • Every workplace should have a specific and explicit policy regarding violence, including detailed plans and procedures for responding to incidents, communicating with employees, families and the media, working with law enforcement, and a capacity for critical incident stress debriefing if any type of violence was committed, threatened or observed. Each new hire should be made aware of the plan, and the plan should be practiced on a yearly basis, if not more.
  • Provide Employee Assistance Programs to assist employees in managing work- or life-related stressors to help lessen the chance of a situation turning violent.
  • Systems for mandatory referral should be made available to managers and supervisors for employees in which troublesome behaviors have been observed.
  • Transfer employees away to a safe place if a threat was made.
  • Workplace violence audits should be performed to assess threat levels for all job types and work locations.

Beyond the incidents that create headlines, workplace violence is a persistent phenomenon with an impact that extends to families, friends, co-workers and the community. Preparation and training can reduce risk and have a positive impact on the reaction and recovery of all stakeholders, helping to restore stability and productivity to the workplace.