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CORPORATE RESPONSIBILITY

JETUSHER
JETUSHER

The document discusses the standard of care that corporations are required to meet regarding workplace violence prevention and emergency response. It states that corporations must implement reasonable policies and plans to prevent incidents like active shooters, and failure to do so can result in legal liability. The document then provides a detailed list of 15 services and responsibilities that should be included in a corporate emergency response plan to address the needs of victims, survivors, and their families in the event of a violent incident. These include timely family notification procedures, establishing family assistance centers, assisting with transportation, personal belongings, funeral arrangements, and more. The plan aims to ensure an appropriate level of support is provided to alleviate harm from deliberate indifference.

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WHAT IS STANDARD OF CARE Corporate Responsibility When a corporation falls below a reasonable standard, it is found negligent. It fails to do what is considered reasonable under the circumstances. There are many interpretations; however, the key point is that an entity must deliver a reasonable standard (not the reasonable standard). Furthermore, the Standard of care is what is required of corporations who are under the duty to protect its employees. The New York Times reports that on average one active shooter incident takes place every day. Although most individuals are unaware, the occurrence statistic is daily. In the Insurance industry, when an incident can be forecasted, there has to be a plan of prevention and mitigation, or its considered tort. As of July 2016, Lloyds of London began selling insurance policies in the US for active shooter incidents as they frequently take place. Corporations and their executives are held accountable for implementing policies of Workplace Violence prevention (OSHA). Corporate Human Resources Departments can no longer separate, exclude, or differentiate Hostile Intruders incidents from Workplace Violence, doing so amounts to deliberate indifference. The Supreme Court already ruled inaction by deliberate indifference as a liability. Best practice of deliberate indifference as tort is from Colorado, where the State Attorney General made it clear that if an active shooter incident takes place in a school, but the school didnt know ahead of time (BUT SHOULD HAVE KNOWN AND OBTAIN THE INFORMATION) the State of Colorado removes the cap on liability and a suit for any amount can filed. In order to clarify the Standard of Care if an incident takes place, we went ahead and listed the services that corporations and first responders need to coordinate and provide, so the needs of survivors and family members are met. This is not to be taken as law, or the Standard of Care, but as a Standard of care. For guidance, we looked at Congress who already passed the Family Assistance Act in 1996, (US Code 49 subsection 1136(a)(2)) which brought definition and clarity to the duties of primary entities responsible in the response of similar disasters in other industries. A year later, Congress passed the law requiring foreign companies doing business in the US to follow like standards for emergency response teams. (49 US Code subsection 41313(b)), In 2008, Congress passed comparative laws to other industries (49 US Code subsection 24316).
Congress required an emergency response plan to established minimum requirements of what must be addressed in each plan. A company is not able to control the events but can control its response to crisis. To provide context, in the recent Orlando shooting the business did not have an emergency plan or a team in place. It is estimated that the cost of the incident exceeds 386MM, not including mental health for survivors. There were victims from out of state that needed to be flown to their home state, funeral homes donating their services because victims had to be processed and could not pay. Family members from out of state that were not united with their loved ones on-site. Medical bills for survivors, some exceeding 20K that needed to be paid, no help was provided. There were other things, many of them that are not included in this list. It demonstrates harm from deliberate indifference. Important take-away: There is established precedent documented in the US on the subject. One can expect the highest documented standard will be argued in court as the benchmark for the Standard of Care. A sampling of ERT duties follows in the next few pages.
STANDARD OF CARE EMERGENCY RESPONSE TEAM Organizations that apply a comprehensive emergency planning process are better able to cope with the impact of violent events. With expectations of the media, family members, and the public, everyone needs to know what to do and say. Notification-Planning First and foremost, must address how family members will be notified. Must be prepared to handle a flood of calls from the public asking if a loved one was involved. These calls should be routed through a dedicated telephone line (Command Center) It is important that families be notified before the names are released to the public. The message is delivered by a suitably trained individual in person. Family Assistance The Company will establish a family assistance center at a hotel for out of state family members Provide transportation to that location The ERT team will assist with other transportation; arrange hotel accommodations; provide phones, food, and emergency clothing; and assist with the return of personal belongings. The ERT members will also escort family members attending scheduled related events, including memorial services, flying human remains, funerals, and visits to the company site. All of these services are organized and paid by the escorts. Assistance Benchmarks (1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families. (2) A process for notifying the families, before providing any public notice of the names of the victims, either by utilizing the services of the organization designated for the accident or the services of other suitably trained individuals. (3) An assurance that the notice described in paragraph (2) will be provided to the family of a victim as soon as the company has verified that the individual was on premises (whether or not the names of all of the victims have been verified) and, to the extent practicable, in person.
(4) An assurance that the company will provide to the director of family support services designated for the accident, and to the organization designated for the accident, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the employees on premises (whether or not such names have been verified), and will periodically update the list. (5) An assurance that the family of each employee will be consulted about the disposition of all remains and personal effects of the victims within the control of the company. (6) An assurance that if requested by the family of a victim, any possession of the victim within the control of the company (regardless of its condition) will be returned to the family unless the possession is needed for the criminal investigation. (7) An assurance that any unclaimed possession of a victim within the control of the company will be retained by the company for at least 18 months. (8) An assurance that the family of each victim will be consulted about construction by the company of any monument to the victims, including any inscription on the monument. (9) An assurance that the treatment of domestic partners will be the same as family. (10) An assurance that the company will work with any organization to ensure that families of victims receive an appropriate level of services and assistance following each accident. (11) An assurance that the company will provide reasonable compensation to any organization for services provided by the organization. (12) An assurance that the company will assist the family of a victim in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. (13) An assurance that the company will commit sufficient resources to carry out the plan. (14) An assurance that, upon request of the family of a victim, the company will inform the family of whether the victims name appeared on a preliminary employee in attendance roster for the incident. (15) An assurance that the company will provide adequate training to the employees to meet the needs of survivors and family members following an accident.

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CORPORATE RESPONSIBILITY

  • 1. WHAT IS STANDARD OF CARE Corporate Responsibility When a corporation falls below a reasonable standard, it is found negligent. It fails to do what is considered reasonable under the circumstances. There are many interpretations; however, the key point is that an entity must deliver a reasonable standard (not the reasonable standard). Furthermore, the Standard of care is what is required of corporations who are under the duty to protect its employees. The New York Times reports that on average one active shooter incident takes place every day. Although most individuals are unaware, the occurrence statistic is daily. In the Insurance industry, when an incident can be forecasted, there has to be a plan of prevention and mitigation, or its considered tort. As of July 2016, Lloyds of London began selling insurance policies in the US for active shooter incidents as they frequently take place. Corporations and their executives are held accountable for implementing policies of Workplace Violence prevention (OSHA). Corporate Human Resources Departments can no longer separate, exclude, or differentiate Hostile Intruders incidents from Workplace Violence, doing so amounts to deliberate indifference. The Supreme Court already ruled inaction by deliberate indifference as a liability. Best practice of deliberate indifference as tort is from Colorado, where the State Attorney General made it clear that if an active shooter incident takes place in a school, but the school didnt know ahead of time (BUT SHOULD HAVE KNOWN AND OBTAIN THE INFORMATION) the State of Colorado removes the cap on liability and a suit for any amount can filed. In order to clarify the Standard of Care if an incident takes place, we went ahead and listed the services that corporations and first responders need to coordinate and provide, so the needs of survivors and family members are met. This is not to be taken as law, or the Standard of Care, but as a Standard of care. For guidance, we looked at Congress who already passed the Family Assistance Act in 1996, (US Code 49 subsection 1136(a)(2)) which brought definition and clarity to the duties of primary entities responsible in the response of similar disasters in other industries. A year later, Congress passed the law requiring foreign companies doing business in the US to follow like standards for emergency response teams. (49 US Code subsection 41313(b)), In 2008, Congress passed comparative laws to other industries (49 US Code subsection 24316).
  • 2. Congress required an emergency response plan to established minimum requirements of what must be addressed in each plan. A company is not able to control the events but can control its response to crisis. To provide context, in the recent Orlando shooting the business did not have an emergency plan or a team in place. It is estimated that the cost of the incident exceeds 386MM, not including mental health for survivors. There were victims from out of state that needed to be flown to their home state, funeral homes donating their services because victims had to be processed and could not pay. Family members from out of state that were not united with their loved ones on-site. Medical bills for survivors, some exceeding 20K that needed to be paid, no help was provided. There were other things, many of them that are not included in this list. It demonstrates harm from deliberate indifference. Important take-away: There is established precedent documented in the US on the subject. One can expect the highest documented standard will be argued in court as the benchmark for the Standard of Care. A sampling of ERT duties follows in the next few pages.
  • 3. STANDARD OF CARE EMERGENCY RESPONSE TEAM Organizations that apply a comprehensive emergency planning process are better able to cope with the impact of violent events. With expectations of the media, family members, and the public, everyone needs to know what to do and say. Notification-Planning First and foremost, must address how family members will be notified. Must be prepared to handle a flood of calls from the public asking if a loved one was involved. These calls should be routed through a dedicated telephone line (Command Center) It is important that families be notified before the names are released to the public. The message is delivered by a suitably trained individual in person. Family Assistance The Company will establish a family assistance center at a hotel for out of state family members Provide transportation to that location The ERT team will assist with other transportation; arrange hotel accommodations; provide phones, food, and emergency clothing; and assist with the return of personal belongings. The ERT members will also escort family members attending scheduled related events, including memorial services, flying human remains, funerals, and visits to the company site. All of these services are organized and paid by the escorts. Assistance Benchmarks (1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families. (2) A process for notifying the families, before providing any public notice of the names of the victims, either by utilizing the services of the organization designated for the accident or the services of other suitably trained individuals. (3) An assurance that the notice described in paragraph (2) will be provided to the family of a victim as soon as the company has verified that the individual was on premises (whether or not the names of all of the victims have been verified) and, to the extent practicable, in person.
  • 4. (4) An assurance that the company will provide to the director of family support services designated for the accident, and to the organization designated for the accident, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the employees on premises (whether or not such names have been verified), and will periodically update the list. (5) An assurance that the family of each employee will be consulted about the disposition of all remains and personal effects of the victims within the control of the company. (6) An assurance that if requested by the family of a victim, any possession of the victim within the control of the company (regardless of its condition) will be returned to the family unless the possession is needed for the criminal investigation. (7) An assurance that any unclaimed possession of a victim within the control of the company will be retained by the company for at least 18 months. (8) An assurance that the family of each victim will be consulted about construction by the company of any monument to the victims, including any inscription on the monument. (9) An assurance that the treatment of domestic partners will be the same as family. (10) An assurance that the company will work with any organization to ensure that families of victims receive an appropriate level of services and assistance following each accident. (11) An assurance that the company will provide reasonable compensation to any organization for services provided by the organization. (12) An assurance that the company will assist the family of a victim in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. (13) An assurance that the company will commit sufficient resources to carry out the plan. (14) An assurance that, upon request of the family of a victim, the company will inform the family of whether the victims name appeared on a preliminary employee in attendance roster for the incident. (15) An assurance that the company will provide adequate training to the employees to meet the needs of survivors and family members following an accident.