The Emotional And Financial Impact of an Active Shooter Event

Transcription

1 1 The Emotional And Financial Impact of an Active Shooter Event

2 SafeDefend Staff Douglas B. Parisi Training Director First and foremost a father of 3 school age children. 20 years in law enforcement prior to SafeDefend. Police Captain and assigned as Academy Commander for 3+ years. Taught classes in Active Shooter, Civilian Response to Active Shooter, CPTED, Crisis Intervention Training, Mental Health First Aid, Combat Life Support and Defensive Tactics. I am a certified active shooter instructor through ALERRT. SafeDefend, LLC 104 East Main Street Gardner, KS 66030

3 Somehow this has become routine. The reporting is routine. My response here at this podium ends up being routine. The conversation in the aftermath of it. We ve become numb to this. President Barack Obama, response to Umpqua Oregon Community College shooting in October, 2015 SafeDefend, LLC 104 East Main Street, Gardner, KS (913)

4 It can t happen here! Custody Issues Criminal Conduct Hate Crime Angry Patrons 409 Bullying HR/Employee Issues Homicides in U.S. Workplaces per year - BLS Domestic Relationships Mental Health Concerns

5 2014 U.S. fatal occupational event Fire vs. Homicide Structural Fire 5% Homicide - other 15% Homicide - Stabbing 9% Homicide - Shooting 71% 5

6 Nature of the Threat of Workplace Violence Exposure Targeted Violence: An incident in which the assailant is known or knowable External Threats Disgruntled Customers Criminal intent Unaffiliated violence Terrorism Internal Threats Disgruntled Employees (Current or Former) Discipline Termination Job Dissatisfaction Domestic Partnerships Estranged Spouses Love Triangles Custody Disputes 95% 6

7 Women at Risk The most frequent type of assailant in work-related homicides involving women was a relative or domestic partner. Source: U.S. Bureau of Labor Statistics,

8 Where do the threats come from? 95% of active shooters in businesses closed to the public were employees. The other 5% had a relationship with an employee 14% of all active shooters targeted a person from a personal relationship Two thirds (66%) of hostile intruders in the workplace were current employees More than half of all active shooters targeted supervisors, managers and/or business owners. Source: FBI Active Shooter Report 2000 to 2012 and 2013/2014 supplemental report SafeDefend, LLC 104 East Main Street, Gardner, KS (913)

9 Response times for police compared to active shooter duration Police Response Times 11 MINUTES National Average 6.15 MINUTES Overland Park Police Dept MINUTES Kansas City, KS Police Dept. Active Shooter Incident Duration <5 MINUTES 69% of active shooter incidents ended in less than 5 MINUTES Statistical analysis demonstrates the average hostile intruder shoots one person EVERY 15 SECONDS 9

10 Excel Industries Hesston, Kansas February 24, 2016 SafeDefend, LLC 104 East Main Street, Gardner, KS (913) SafeDefend, LLC 104 East Main Street Gardner, KS

11 THERE ARE CURRENTLY NO SPECIFIC FORMAL STANDARDS FOR WORKPLACE VIOLENCE. 11

12 OSHA Designated Employer Responsibilities UNDER THE GENERAL DUTY CLAUSE, SECTION 5(A)(1) OF THE OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) OF 1970, EMPLOYERS ARE REQUIRED TO PROVIDE THEIR EMPLOYEES WITH A PLACE OF EMPLOYMENT THAT IS FREE FROM RECOGNIZABLE HAZARDS THAT ARE CAUSING OR LIKELY TO CAUSE DEATH OR SERIOUS HARM TO EMPLOYEES. THE COURTS HAVE INTERPRETED OSHA S GENERAL DUTY CLAUSE TO MEAN THAT AN EMPLOYER HAS A LEGAL OBLIGATION TO PROVIDE A WORKPLACE FREE OF CONDITIONS OR ACTIVITIES THAT EITHER THE EMPLOYER OR INDUSTRY RECOGNIZES AS HAZARDOUS AND THAT CAUSE, OR ARE LIKELY TO CAUSE, DEATH OR SERIOUS PHYSICAL HARM TO EMPLOYEES WHEN THERE IS A FEASIBLE METHOD TO ABATE THE HAZARD. SOURCE: OSHA INTERPRETATION LETTER

13 OSHA Recommendations for Workplace Violence Aabatement An employer that has experienced acts of workplace violence, or becomes aware of threats, intimidation, or other indicators showing that the potential for violence in the workplace exists, would be on notice of the risk of workplace violence and should implement a workplace violence prevention program combined with engineering controls, administrative controls, and training. 13

14 OSHA INSTRUCTION U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration DIRECTIVE NUMBER: CPL EFFECTIVE DATE: 01/10/2017 SUBJECT: Enforcement Procedures and Scheduling for Occupational Exposure to Workplace Violence Appendix A Possible Abatement Methods CSHOs should identify abatement methods based on the hazards identified during the inspection. Besides the list of abatement methods listed below, CSHOs, in consultation with workplace violence coordinators and potential experts, should review other references to determine the most effective methods applicable to the hazards identified at the workplace. General recommendations for all industries and administrative workplaces: Implement Engineering Controls, such as: Assess any plans for new construction or physical changes to the facility or workplace to eliminate or reduce security hazards. Install and regularly maintain alarm systems and other security devices, panic buttons, hand-held alarms or noise devices, cellular phones and private channel radios where risk is apparent or may be anticipated. Arrange for a reliable response system when an alarm is triggered. Provide metal detectors installed or hand-held, where appropriate to detect guns, knives or other weapons, according to the recommendations of security consultants. Use a closed-circuit recording on a 24-hour basis for high-risk areas. Place curved mirrors at hallway intersections or concealed areas. Lock all unused doors to limit access, in accordance with local fire codes. Install bright, effective lighting, both indoors and outdoors. Replace burned-out lights and broken windows and locks. Keep automobiles well maintained if they are used in the field. Lock automobiles at all times. 14

15 Workers Compensation Exclusivity An employee s tort action is not precluded if the employee can show that the employer acted with reckless disregard of recognizable hazards Failure to provide adequate security from recognizable hazards citing premises liability Do not prevent a cause of action for the intentional acts of a coworker if the employer knew of the behavior and failed to take corrective action A Purely Personal Assault that is Unrelated to Employment is not Compensable Under the Workers Compensation Scheme NOTE: Third party lawsuits from patrons, guests, delivery drivers, and other non-employees do not fall under Worker s Compensation coverage 15

16 The financial impact of workplace violence *Bureau of Labor Statistics - National Institute of Health Event Recovery cost Incident debriefing with impacted employees 1 $3,942 Plant closed due to incident for 3 and one half days $703,125 Revenue lost 2 $2,850,000 Clean up of incident area/crime scene $2,000 Increase on annual health care premiums 3 $5,000 Increase in annual worker s compensation rate premiums $3,000 Permanent shut down of plant area where incident occurred 4 $50,000 Lawsuit settlement 5 $300,000 Public relations recovery campaign 6 $10,000 Replacement cost for 10% turnover of workforce 7 $768,750 Total $4,695, supervisors and 130 employee working in impacted area. 2. Assumes for 6 weeks after the incident there is a 25% productivity decline. 3. Due to increase use of psychological services (20% of employees need counseling for 3 months, 10% for 6 months and 1% for 12 months). 4. Includes relocation of work operations to another section of plant. 5. Assumed out of court settlement at 60% of the average settlement of $500, Includes marketing, communication strategy with stakeholders to counter negative press and restore confidence in company. 7. E.g., 25 managers and 75 employees (assumes 25% of salary replacement cost for managers and 10% for employees against national figures of % of salary for replacement cost). 16

17 Court Tosses $38.5M in Punitive Damagers Over Kraft Factory Shooting July 18, 2017 The Legal Intelligencer On September 10, 2010 a disgruntled employee was removed from the premise for agitated behavior and using profanity. She was suspended and escorted off the property. Less than two hours before the shooting, (Shooter) had gotten into a "fracas" with Brown, Wilson and another employee, and (shooter) was immediately suspended following the incident. The plaintiffs alleged in court that they failed to notify people in the building that (shooter) had returned to the factory with a gun. The ruling left intact the $8 million compensatory damages that were awarded to the two estates. 15

18 Questions? Douglas B. Parisi Director of Training (913) SafeDefend, LLC 104 East Main Street Gardner, KS 66030

19 American Bar Association - Workplace Violence, Practical Law Practice Note (2014) ce2.authcheckdam.pdf OSHA Enforcement Directive Enforcement Procedures and Scheduling for Occupational Exposure to Workplace Violence - CPL January 10, Bureau of Labor Statistics Workplace Violence Fact Sheet 19

20 The SafeDefend System SafeDefend, LLC 104 East Main Street Gardner, KS 66030