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Zombie Risk Management 101

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An emerging risk over the past 10 years has been the rise of undead walkers, or “zombies” and their influence on supply chains, natural resources and mortality rates.

These once-alive individuals thrive on human flesh and spread deadly diseases; their exploits have been well documented in California and Georgia for years on basic cable television.

Renegade armies have made significant gains in controlling the risks of these attacks and uprisings using makeshift weapons, but sadly, the supply chain is limited due to an outbreak that has been wiping out Americans.

To avoid these risks, on Halloween, encourage employees to travel in pairs in case the undead appear out of the shadows, as they often do. Their bites are infectious and pose the risk of death or even worse—you could become one of them.

Should you sustain a bite, consider whether you will want to:

  • “Live on” and become a flesh-eater
  • Be placed under special quarantine
  • Be terminated on-the-spot to prevent future outbreaks and harm

As previously reported in Risk Management magazine, when considering risk management techniques for zombie encounters, such as fight or flee, it pays to plan ahead: Consider objects around you that could be used as weapons, wear shoes that can accommodate speed if fleeing is necessary and always be aware of your surroundings.

The undead do not need oxygen or blood to function, as detailed in the Zombie Survival Guide. They can thrive on land and even under water, so be sure to account for both scenarios when designing your contingency plans.

If you are preparing to defend yourself or your company, it’s suggested you use a long blade or propulsion weapon and be sure to aim for the head.

It is commonly believed that once its brain is pierced, a zombie should perish for good. Visit the CDC’s Zombie Preparedness page for more survival techniques and tips on how to best handle an encounter with the undead.

Keeping Halloween Parties Safe in the Workplace

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This year, Halloween is expected to be celebrated by a frightening number of Americans – 179 million. According to the National Retail Federation, 48% of adults plan to celebrate in-costume. These 18-year-olds-and-older are not just chaperoning young trick-or-treaters, many are also employees with their own collective sweet tooth. If you plan to indulge these kids-at-heart with a voluntary workplace celebration, here are some tips to consider:

Dress Code Updates

Your company’s dress code policy will obviously need some flexibility for the day, but one can still be enforced in an effort to limit costumes or themes that are too polarizing, provocative or offensive. It’s good practice to inform employees that certain dress code policies will be enforced.

“Provide examples of inappropriate costumes, such as costumes that are too revealing or are ethnic-, religious- or race-based costumes,” Obermayer Rebmann Maxwell & Hippel LLP, an employment and discrimination law firm, said on its blog. “Request that employees avoid political costumes that could be offensive. If an employee shows up in an offensive costume, send the employee home to change into appropriate clothes.”

Safety Hazards

Even when preparing your company’s party, safety should come first. Be sure that anyone involved in decorating and preparations uses proper equipment. It may seem basic, but related workplace accidents can lead to lawsuits and fines. For example, a preschool teacher broke her arm in 2010 while standing on a child’s seat to hang some decorations, and the school incurred a $5,000 penalty for violating OSHA’s safety terms. Decorations should not put any worker in harm’s way or prohibit their ability to do their job.

Fire risks increase during Halloween parties, often due to the combination of candles and the flammability of the decorations and costumes. PropertyCasualty360.com encourages holiday staples like jack-o-lanterns, but suggests using flameless LED candles that are bright enough to illuminate your carving but don’t pose the risks of a real flame. Due to their flammability, the site also dissuades the use of:

  • Dried flowers or floral arrangements.
  • Corn husks or dried corn stalks.
  • Crepe paper garland or other paper decorations.
  • Homemade paper-towel ghosts.
  • Driveway lanterns with real candles.

Food and Drink

It’s not just employees’ sensibilities that are delicate. According to the Center for Disease Control and Prevention (CDC), 50 million Americans suffer from an allergy each year. Be sure to have employees report any food allergies to the party planner in advance to ensure no one suffers a physical reaction.

If your business has a liquor license and continues serving a visibly intoxicated person, you may be liable for any accidents they cause. In many states, expanding employer liability is a gray area. Some state laws dictate that an employee’s conduct – even after he or she has left a company-hosted party – can still be traced back to the employer. That means that if, for example, an employee is caught driving while intoxicated and/or causes an accident afterward, an injured party can file a lawsuit against the company. When examining such a scenario based on a 2013 court case, Law360 noted:

Since liability is no longer confined to activities conducted on company property, employers may feel the need to police employees before they leave the premises.

Overall Appropriateness

If you’re still up in the air about hosting a party, then that in itself might be an indication to pass on it in the classic sense. The Society for Human Resource Management suggests reflecting on prior Halloween activities and the feedback received from employees or customers:

If most workers did not participate, this practice might not fit with the company culture. Consider alternative ways to celebrate, such as a company potluck or luncheon.

By following these tips, your company can reduce safety hazards and the risks of harassment, lawsuits and outbreaks. October is also Fair Trade Month. Check out Ben & Jerry’s sweet ways to have a “Fair Trade Halloween.”

Protecting Your Company from Rogue Employees

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While employee malfeasance rarely takes down entire companies, it can result in serious fines, sanctions, court judgments, settlements and reputational damage. Big data analytics is one way leading companies are able to mitigate risk, by proactively detecting threatening or illegal behavior.

Traditional ERM Approaches Won’t Do

Compliance officers do their best. They generally work within enterprise risk management (ERM) frameworks to introduce corporate policies and procedures, conduct risk avoidance training and audits, and create inter-disciplinary committees. They work with IT to run compliance auditing software on critical structured data, including financial databases and transactional applications.

By targeting only well-behaved structured data, however, compliance officers can lose sight of one key fact—structured data is a small percentage of organizational data. Data storage analysts report that most organizational data are only 15% to 20% structured data and 80% to 85% unstructured.

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This leaves a huge volume of data that presents serious compliance risk to IP, especially electronic communications.

While e-mail, instant messaging, texting and social media are ingrained in our culture, traditional auditing software does not focus on communications. These threats often evade notice until the damage is done.

Here are some ways threats can escape the radar of employers that have traditional ERM approaches:

  • Limited ability to analyze unstructured data. The inability to monitor unstructured data leaves the company open to regulatory consequences and other risk.
  • Keyword searching to winnow down data sets often delivers a high volume of false positive results. Filtering techniques such as keyword searches may not be highly accurate and require intensive manual review.
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    The result is higher cost and longer timeframes for manual-review projects.

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  • Potential security issues. Communication platforms are rapidly proliferating. Employees might be sharing inappropriate corporate information on social media, yet these mentions often go unmonitored by the company, potentially missing evidence of employee misconduct.
  • Complex regulatory changes. Many governmental and industry regulations are already complicated, and their revisions only intensify complexity. For example, since introducing Dodd-Frank, regulators have written 224 of 400 expected rules and continue to modify existing rules.
  • Case-by-case approaches. Case-centric approaches to litigation, investigations and regulatory compliance matters impede applying learning and attorney work product on these cases to other matters. This inability lengthens legal reviews and investigations and multiplies costs. Case-based discovery also makes it difficult to discover widespread risky communications between employee groups and outside organizations.
  • Geographic and organizational silos. Relevant data is spread across different storage locations and eDiscovery platforms, creating distinct data silos.

A Cautionary Tale

Here is an example of risk that can go undetected until it’s too late, as it did at Wells Fargo. Banker 1 is responsible for reaching high quarterly sales goals. His manager increases his sales goals for the next quarter. Banker 1 emails a colleague complaining about how his goals are impossible to meet. Banker 2 suggests he try a creative process called “pinning,” which consists of a banker enrolling an actual customer in online banking to create a “sale.” The banker fills in the customer’s name and address but puts in a fake email address so the customer never receives banking communications. The banker meets his sales goals—and hopes the customer never finds out.

How Big Data Analytics Can Help

Analytics tools are already omnipresent in eDiscovery and compliance reviews. They include predictive coding, email threading and concept searching. They are highly useful for culling large data volumes to more manageable sizes. They also locate meaningful text and concept patterns so that reviewers can strategically work with high priority documents.

The catch is that these analytics can only filter to a point, and only work on a single-case basis. No matter how the case management software learns from tagging and work product, that learning cannot be applied across multiple matters if it resides on different review platforms or with different vendors. Each time a new case begins, reviewers and their software must start over. This leads to very long and repetitive document review processes, already the single most expensive activity in eDiscovery. Clients and attorneys also risk exposing sensitive information as the matter makes its way between document review platforms and multiple stakeholders.

A big data approach, versus specific analytics tools can continuously consolidate billions of documents into a central repository. It can also apply machine and human learning to enable the reporting of trends, new data relationships, and fresh insights into data across all cases—not just a single matter—for greater efficiency, cost control and risk mitigation.

Recovery Plans Critical Following Active Shooter Incidents

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October has been mired by mass shootings in the United States. Incidents in which four or more people were shot—the criteria for a mass shooting—have occurred 15 times in the last 18 days. The Oct. 18 occurrence at a business park in Maryland, involving an employee who killed three co-workers on-site and injured two more, has increased the interest in workplace violence and active shooter preparedness plans. As previously reported, only 21% of U.S businesses surveyed felt they were prepared to manage an active shooter situation. And while preventative plans are priorities – and rightfully so – businesses should also consider how to appropriately handle their aftermath.

According to a recent white paper published by Everbridge, Active Shooter Incident Consequence Management and the Roadmap to Recovery, how a company manages the hours, days and weeks following such a crisis is vital for its operations and employees’ well-being. The study offers a four-phase approach for businesses to use following a violent incident:

Immediate Response/Pre-Recovery, which occurs in the minutes and hours following a crisis and when life safety and survival are the top priorities. Accountability, family reunification and media management are additional critical tasks once authorities have secured the workplace and crime scene.

Early Recovery, the most intensive phase, comprises the “hours-to-days along the incident timeline” that sees company managers liaising with hospitals, offering mental health support through the Employee Assistance Program (EAP), addressing human resources concerns and invoking the business continuity plan, among other important actions.

Mid-Recovery can be in the week-to-months following an active shooting incident, and is often when some sense of normalcy returns to the workplace and business operations. During this time, there may be some criminal or civil litigation underway and it is the “reasonable time frame” to create an After-Action Report (AAR) to reassess the incident and develop a corrective plan or update the current one. It is also the time to begin planning the one-year anniversary with a high level of employee involvement, which “is an important milestone in individual and organizational recovery, but can also be complicated and emotional.”

Long-Term Recovery is marked by the one-year anniversary and beyond, although “the physical and emotional impact of an active shooter incident can linger for decades, and sometimes an entire lifetime.” According to the report, mass shootings represent the greatest risk for acute traumatic stress disorders among the affected, compared against other types of critical incidents, like natural disasters.

In the report, author Steve Crimando says: “Crisis events are moments of truth: employees, the community, key stakeholders and the media will remember how you handled the incident for a very long time. It is important to prepare for the complex post-shooting environment well before the first shot is fired.”

Between 2014 and 2015, the U.S. experienced nearly six times as many active shooter incidents as it did between 2000 and 2001, according to the FBI.

For tips on developing an active shooter plan, visit Risk Management magazine.