Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
www.blr.com or www.hrhero.com For CD and other purchasing information, contact customer service at: 800-727-5257 or E-mail: [email protected] © 2015 BLR ® and HR Hero® —Business & Legal Resources and HR Hero. All rights reserved. These materials may not be reproduced in part or in whole by any process without written permission.
The webinar qualifies for .075 COC points for designations such as CSP, CHST, and OHST.
Check with your applicable accrediting body regarding application of COC credits for additional designations.
Active Shooter in the Workplace: How to Respond with a Survivor’s
Mindset & Limit Liability and Long-Term Consequences
Thursday, November 19, 2015 1:30 p.m. to 3:00 p.m. Eastern
12:30 p.m. to 2:00 p.m. Central 11:30 a.m. to 1:00 p.m. Mountain 10:30 a.m. to 12:00 p.m. Pacific
Presented by:
Bill Gage ActiveCountermeasure.com/ReACT – Active Countermeasure Training
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
This program has been approved for 1.5 credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI website at www.hrci.org.
Active Shooter in the Workplace: How to Respond with a Survivor’s Mindset & Limit Liability and Long-Term Consequences
Presented by:
Bill GageActiveCountermeasure.com/ReACT
November 19, 2015
What Would You Do if You Heard a Gunshot?
ActiveCountermeasure.com
Outline for today’s webinar
Part I Active Assailant statistics:
1). On the rise?2). If so, why?
Part II1). BEFORE an incident
A. 8 keys to prevention1). Begins at employment
app2). Security is everyone’s job
3). Who are you hiring for security4). Is scenario training effective?5). EAP? Why is it important6). Get a second opinion7). Indicators of trouble8). Get training (REACT)
ActiveCountermeasure.com
PART II CONTINUED2). DURING an incident
a). Adopting a survivors mindsetb). Finding your inner mama bearc). Think like a fighter pilot
3). AFTER an incidenta). Your responsibilitiesb). Logisticsc). Things to think about
ActiveCountermeasure.com
About Your Host
12 YEARS IN THE U.S. SECRET SERVICE PROVIDING PROTECTION TO EVERY LIVING U.S. PRESIDENT, INCLUDING PRESIDENT OBAMA.
6 YEARS ON THE U.S. SECRET SERVICE COUNTER ASSAULT TEAM (CAT)
CAT TEAM LEADER ‐ RESPONSIBLE FOR ACTIVE SHOOTER THREAT PLANNING & MITIGATION AND RESPONSE
CONDUCTED ACTIVE SHOOTER THREAT PLANNING, THREAT MITIGATION AT THE HIGHEST LEVELS OF THE U.S. GOVERNMENT
THIS INCLUDES ACTIVE SHOOTER THREAT PLANNING AT THE WHITEHOUSE, PRESIDENTIAL INAUGURATIONS & MAJOR POLITICAL PARTY CONVENTIONS
SERVED ON TWO CONGRESSIONAL SUBCOMMITTEES FOR ACTIVE SHOOTER RESPONSE AT THE NATIONAL LEVEL
CONDUCTED ACTIVE SHOOTER THREAT PLANNING, THREAT MITIGATION AND RESPONSE IN LOCATIONS AROUND THE WORLD, TO INCLUDE THE HIGH THREAT AREAS OF IRAQ, AFGHANISTAN,
LEBANON, BOSNIA, KOSOVO, ISRAEL, AND THE PALESTINIAN TERRORITIESActiveCountermeasure.com
Information
STATISTICS FOR THIS WEBINAR WERE TAKEN FROM A 2014 FBI ACTIVE SHOOTER STUDY
THE FBI STUDY IS THE MOST COMPREHENSIVE ACTIVE SHOOTER STUDY TO DATE
THE TERM “ACTIVE SHOOTER” AND “ACTIVE ASSAILANT” ARE INTERCHANGEABLE
THE SECURITY INDUSTRY TREND IS TO USE THE TERM “ACTIVE ASSAILANT” AS NOT ALL MASS VIOLENCE INCIDENTS INVOLVE FIREARMS
ActiveCountermeasure.com
Before we begin……
• Why does it matter?
• Why should your businesses take action?
ActiveCountermeasure.com
ITS THE LAW
ActiveCountermeasure.com
OSHA Act of 1970 OSHA ACT OF 1970 GENERAL DUTY CLAUSESEC. 5. Duties(a) Each employer ‐‐
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
ActiveCountermeasure.com
OSHA requires that you MUST provide Training and Violence Prevention Programs to your Employees
On September 8, 2011, OSHA issued a compliance directive on workplace violence that outlines enforcement procedures for OSHA field officers in determining whether and how to investigate employers for instances of alleged workplace violence.
Relying on OSHA's General Duty Clause (which requires employers to maintain workplaces "free from recognized hazards that are causing or are likely to cause death or serious physical harm”)
OSHA may cite and fine employers for failing to provide workers with adequate safeguards against workplace violence after an investigation.
ActiveCountermeasure.com
August 2014Brooklyn, NY medical facility cited by US Department of Labor's OSHAfor
inadequate workplace violence safeguards
• Employees of Brookdale University Hospital and Medical Center in Brooklyn were exposed to head, eye, face and groin injuries and intimidation and threats during routine interactions with patients and visitors. The employer failed to protect employees adequately against incidents of workplace violence
• As a result, OSHA cited Brookdale for one willful violation, with a fine of $70,000, for failing to develop and implement adequate measures to reduce or eliminate the likelihood of physical violence and assaults against employees by patients or visitors. A willful violation is one committed with intentional or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
• "The hazard of violence against employees is well‐recognized in the health care industry and known to this employer," said Robert Kulick, OSHA's regional administrator in New York. "Brookdale must actively and effectively implement a Workplace Violence Prevention Program immediately to ensure the safety and well‐being of its workers.”
ActiveCountermeasure.com
Before we begin……
• Why does it matter?
• Why should your businesses take action?
ITS THE LAW AND….ActiveCountermeasure.com
ActiveCountermeasure.com
LIABILITY AND
PROFITS
ActiveCountermeasure.com
Liability & ProfitsCourts are finding fault and liability with employers
(2013 court decision – Hennepin County, Minneapolis MN)
The court found fault with employer for negligence and failing to train their employees
“Liability is on the employer to train their employees to recognize the indicators of the potential active shooter and how to respond
when they are faced with an actual active shooter incident”
Aftermath Costly Calculations• Active assailants seek to do as much damage as possible• Active shooting events trigger customers to take business elsewhere regardless if there is a connection or not between the shooter and the business
• Business continuity is disrupted across the entire enterprise network, impacting customers, employees, investors, operations, revenue stability regardless of incident location
• Employee productivity and confidence undermined• Death and injury lead to general liability, worker’s compensation and other casualty insurance claims in addition to litigation
• Property damage can shut down operations and revenue during repair
Mass workplace shootings result in millions of dollars in workers compensation‐related costs
• Insurance Policyholders in Connecticut paid higher workers comp rates in 2011 due in part to a 2010 mass shooting that is expected to generate about $7 million in total workers comp cost
• The city of Kirkwood, Mo., has incurred $9.9 million in workers comp costs so far and claims remain open in a 2008 shooting in which a gunman opened fire at a city council meeting, killing five and wounding two, although one of the wounded died months later. Police shot and killed the gunman, who reportedly was dissatisfied with prior treatment by city officials
• Multimillion‐dollar workers comp losses can be expected after mass workplace shootings because of wounds requiring hospitalization and physical therapy, survivors' needs for psychological help, wage replacement expenses, benefits paid to family members and litigation,
ActiveCountermeasure.com
•Average cost of one incident of homicide in the workplace is $850,000
•Average jury award for a case of negligence involving workplace violence is $3M dollars
•Average out of court settlement is $500,000•1.1 M days of lost productivity (estimate)
•Property damage, diminished public image, credibility, security, workplace recovery wellness estimated to be in the billions of
dollars•60:1 ratio of costs in terms of dealing with aftermath versus
prevention efforts
ActiveCountermeasure.com
PART IACTIVE ASSAILANT
STATISTICS
ActiveCountermeasure.com
LETS BEGIN WITH THE CURRENT U.S. FEDERAL GOVERNMENT DEFINITION OF AN ACTIVE SHOOTER OR ASSAILANT:
• Active shooter is a term used by law enforcement to describe a situation in which a shooting is in progress and an aspect of the crime may affect the protocols used in responding to and reacting at the scene of the incident. Unlike a defined crime, such as a murder or mass killing, the active aspect inherently implies that both law enforcement personnel and citizens have the potential to affect the outcome of the event based upon their responses.
• The agreed‐upon definition of an active shooter by U.S. government agencies—including the White House, U.S. Department of Justice/FBI, U.S. Department of Education, and U.S. Department of Homeland Security/Federal Emergency Management Agency—is “an individual actively engaged in killing or attempting to kill people in a confined and populated area.”
ActiveCountermeasure.com
DEFINITION OF WHAT EXACTLY DEFINES AN ACTIVE SHOOTER/ASSAILANT IS STILL SUBJECTIVE
ACTUAL DEFINTION WAS ONLY RECENTLY AGREED UPON BY SEVERAL U.S. GOVERNMENT AGENCIES
DISPUTE WAS OVER WORDING AND WHAT DEFINED AN ACTIVE SHOOTER
ActiveCountermeasure.com
INCIDENTS■ An average of 11.4 incidents occurred annually.■ An average of 6.4 incidents occurred in the first 7 years studied, and an average of 16.4 occurred in the last 7 years.■ 70.0% of the incidents occurred in either a commerce/business or educational environment.■ Shootings occurred in 40 of 50 states and the District of Columbia. ■ 60.0% of the incidents ended before police arrived
ActiveCountermeasure.com
CASUALTIES
■ Casualties (victims killed and wounded) totaled 1,043.
■ A total of 486 individuals were killed.
■ A total of 557 individuals were wounded.
ActiveCountermeasure.com
INCIDENTS WITH THE HIGHEST CASUALTY COUNTS:
■ Cinemark Century 16 Theater in Aurora, Colorado: 70 (12 killed, 58 wounded), July 20, 2012.
■ Virginia Polytechnic Institute and State University in Blacksburg, Virginia: 49 (32 killed, 17 wounded), April 16, 2007
■ Ft. Hood Soldier Readiness Processing Center in Ft. Hood, Texas: 45 (13 killed, 32 wounded), November 5, 2009.
■ Sandy Hook Elementary School and a residence in Newtown, Connecticut: 29 (27 killed, 2 wounded), December 14, 2012.
ActiveCountermeasure.com
Assailant Profile
■ All but 2 incidents involved a single shooter
■ In at least 9 incidents, the shooter first shot and killed a family member(s) in a residence before moving to a more public location to continue shooting.
■ In at least 6 incidents, the shooters were female.
■ In 64 incidents (40.0%), of the shooters committed suicide; 54 shooters did so at the scene of the crime.
■ No exact profile of shooters; most suffered from mentalIllness, or were attempting to correct a perceived wrong
ActiveCountermeasure.com
Important to Remember
Over 70% of the events occurred in commercial and educational environments
From 2000‐2007 there was an average of 6.4 events annually
From 2007‐2013 there was an average of 16.4 events annually
ActiveCountermeasure.com
ActiveCountermeasure.com
ActiveCountermeasure.com
Important Fact
FBI: “Even when law enforcement was present or able to respond within
minutes, civilians often had to make life and death decisions, and, therefore, should be engaged in training and discussions on decisions they may
face.”ActiveCountermeasure.com
Active Assailant Events on the Rise?
• Criminologist James Alan Fox, a professor of Criminology at Northeastern University, says active shooting and active assailant events are rare, and the data too limited to conclude that active shooter incidents are increasing.
• "Unlike mass shooting data, which come from routinely collected police reports, there is no official data source for active shooter events," Fox says.
• "It's not clear whether the increase in active shooter events is completely related to the actual case count or to the availability and accessibility of news reports to identify such events."
ActiveCountermeasure.com
• "We used to see an attack once every other month. Now we see more than one a month," said J. Pete Blair, a criminal justice professor at Texas State University
• "It's hard to say what's driving the increase. In some cases shooters are motivated by notoriety or fame. They see this as a way to become a recognize household name,"
ActiveCountermeasure.com
On the rise or not…IT DOESN’T MATTER
Ensure you are ready if it…
DOES HAPPEN ActiveCountermeasure.com
PART IIBEFORE AN INCIDENT: 8 KEYS TO PREVENTION
ActiveCountermeasure.com
STEP 1: IT BEGINS AT THE EMPLOYMENT
APPLICATION
•HR must conduct a thorough pre‐employment screening process for potential employees
•This process must include a national database fingerprint check (NCIC etc.), a criminal record check and or screening, personal reference checks, credit checks, and prior employment checks
•This process should be done by a competent background investigator or a third party vendor and verified by a member of your security team
ActiveCountermeasure.com
STEP 1: IT BEGINS AT THE EMPLOYMENT
APPLICATION
•Security should be involved in the process and should assist in making the determination if someone is trustworthy and should be considered for employment if they have a criminal or questionable record
•Check with your business’ legal department as new state and local laws are trending towards what you can ask during pre‐employment
•Check with your business legal department as new state and local laws are trending towards what you can ask during pre‐employment ActiveCountermeasure.com
STEP 2: SECURITY IS EVERYONE’S
RESPONSIBILITY• On a spring Saturday night, not long ago, in NYC a street vendor and Vietnam
veteran by the name of Lance Orton who had operated his vendor cart from the same spot for more than 22 years, noticed smoke coming from a
carelessly parked SUV with the motor still running and its hazard lights on. Sensing that something just wasn’t right, he hailed a mounted police officer,
told him what he observed and almost instantly, police were on the scene evacuating the area. A crude bomb made from three propane canisters, two five-gallon cans of gasoline and two clocks with batteries was discovered in the process of detonating, but had malfunctioned. The culprit, who admitted
the act was terrorism-related, was arrested two days later due to the diligence
of Federal agents and NYPD. ActiveCountermeasure.com
STEP 2: SECURITY IS EVERYONE’S
RESPONSIBILITY•This heroic act by Mr. Horton saved by some accounts thousands of lives in NYC
•When asked what motivated him to report the incident to police, Mr. Orton said, “When see you see something, say something!”
•HR and Security Departments MUST stress to all employees that the principle of:
“If you see something, say something” applies at work too!
(We will discuss Pre‐attack indicators later in the presentation)
ActiveCountermeasure.com
STEP 2: SECURITY IS EVERYONE’S
RESPONSIBILITY
TWO IMPORTANT THINGS TO REMEMBER ABOUT HUMAN BEHAVIOR:
1). NON‐VERBAL COMMUNICATION
• In the 1960s, UCLA Professor Albert Mehrabian, created a communication model that says that 93% of human interaction is non‐verbal. This study was ground breaking and has been heavily used in business and marketing
• Experts warn against oversimplifying the results of the study, but the general rule is that: MOST COMMUNICATION BETWEEN HUMANS IS DONE OUTSIDE OF THE ACTUAL WORDS SPOKEN ActiveCountermeasure.com
STEP 2: SECURITY IS EVERYONE’S
RESPONSIBILITYTWO IMPORTANT THINGS TO REMEMBER ABOUT HUMAN BEHAVIOR:
2). RAPID COGNITION
• Malcom Gladwell, in his book: “Blink: The Power of Thinking Without Thinking,” explains that our brains make a series of rapid deductions about situations about people and situations
• These deductions are usually conducted subconsciously and in two seconds or less
• Studies show that these deductions are over 90% accurate
ActiveCountermeasure.com
STEP 2: SECURITY IS EVERYONE’S
RESPONSIBILITYTWO IMPORTANT THINGS TO REMEMBER ABOUT HUMAN BEHAVIOR:
• So if 93% of human interaction is non‐verbal and people will silently tell you what they are thinking AND our brains have been shown to make a series of rapid decisions about people and situations that have been shown to be over 90% accurate
• So if you think something doesn’t look or feel right:
IT PROBABLY ISN’T AND SAY SOMETHING
ActiveCountermeasure.com
STEP 3: WHO ARE YOU HIRING FOR
SECURITY•A quick check of LinkedIn will reveal that there are thousands of security experts
•However, a closer examination will reveal that often these experts are have little or no actual experience in security threat planning, reduction and mitigation or executive protection
•Few of these experts have experience in intelligence based threat reviews, and do not understand the complex and symbiotic relationship between actual physical security and intelligence based threat assessments
ActiveCountermeasure.com
STEP 3: WHO ARE YOU HIRING FOR
SECURITY
•Hiring someone with experience as a police officer, military, or in corporate security is often not enough
•During an interview, a security professional should be asked how has your professional background prepared you for threat planning, reduction and mitigation? And how will you apply that to our community?
ActiveCountermeasure.com
STEP 3: WHO ARE YOU HIRING FOR
SECURITY• Certifications are great, but experience is better. ASIS is the security industry
standard for certifications and guidelines. ASIS has some incredible courses taught by qualified instructors. However, simply obtaining an ASIS certification does not make someone qualified to conduct security advances, provide executive protection, produce thorough intelligence based threat assessments, protective advances and properly analyze, find and mitigate security risks.
There is simply no substitute for experience.
ActiveCountermeasure.com
STEP 4: SCENARIO BASED TRAINING ISREALLY FOR FIRST RESPONDERS
•'Active Shooter' Drills Spark Raft of Legal ComplaintsCritics Say Simulation Exercises Can Traumatize Those Taking Part’This is a headline from a September 2014 issue of the Wall Street Journal
•The article talks about numerous lawsuits nationwide connect to organizations, schools, and business facing increasing liability and lawsuits connected to active shooter or assailant drills
•Wagner College, NYC Summer 2010
•Teacher Linda McLean is suing in Federal Court, Pine Eagle Charter School in Halfway, Oregon, after an active shooter drill in April 2013. During this drill, one teacher wet herself, and others that were never warned about the drill still suffer from emotional trauma.
ActiveCountermeasure.com
STEP 5: EAP and WHY IT IS IMPORTANT
•An employee assistance program (EAP) is an employee benefit program offered by many employers.
•EAPs are intended to help employees deal with personal problems that might adversely impact their job performance, health, and well-being
•EAPs generally include short-term counseling and referral services for employees and their household members. Supervisors may also refer employees (supervisor referral) based upon unacceptable performance or conduct issues.
ActiveCountermeasure.com
STEP 5: EAP and WHY IT IS IMPORTANT
• Employees and their household members may use EAPs to help manage issues in their personal lives. EAP counselors typically provide assessment, support, and referrals to additional resources such as counselors for a limited number of program-paid counseling sessions. Issues for EAP assistance:
substance abuseoccupational stressemotional distressmajor life events, including births, accidents and deathshealth care concernsfinancial or non-work-related legal concernsfamily/personal relationship issueswork relationship issuesconcerns about aging parents
ActiveCountermeasure.com
•EAP Continued….
•Confidentiality is maintained in accordance with privacy laws and ethical standards
•Studies indicate that offering EAPs may result in various benefits for employers, including lower medical costs, reduced turnover and absenteeism, and higher employee productivity
•The provision of employee assistance services has established business benefits, including increased productivity of employees and decreased absenteeism
ActiveCountermeasure.com
Why EAPs are important?
In every active shooter or incident of mass violence co‐workers, friends or family noticed pre‐attack indicators (discuss later in
presentation
HOWEVER…….ActiveCountermeasure.com
Why EAPs are important?
FRIENDS, FAMILY AND COWORKERS DID NOT KNOW WHO TO CONTACT TO REPORT THE
PRE‐ATTACK INDICATORS
• This is why EAPs are so important• EAPs give a way for employees, friends or families to report worrisome
behavior• We will discuss what this behavior is later in the presentation
ActiveCountermeasure.com
Why EAPs are important?
• EAPs should be publicized company or business wide• Phone numbers to contact EAP should be posted visibly in common areas• Employees should be made aware that seeking EAP assistance is not a bad
thing and that it is CONFIDENTIAL• SOME OF THE TOUGHEST GUYS I KNEW DURING MY TIME ON THE COUNTER
ASSAULT TEAM HAD REACHED OUT TO EAP TO DISCUSS PERSONAL ISSUES AND TO SEEK HELP
ActiveCountermeasure.com
STEP 6: GET A SECOND OPINION
• It is important that businesses seek out security industry experts to give an outside and independent assessment of security
needs
• Just like in medicine or a diagnoses, medical experts always recommend a second opinion
• I recently did this for a major Fortune 500 Telecom company and the respective report had far reaching positive implications for
the company, AND NOT just for the security department
ActiveCountermeasure.com
STEP 6: GET A SECOND OPINION
•DON’T WAIT TILL IT IS TOO LATE AND IT IS MANDATED BY A JUDGE, JURY OR AN OUT OF COURT SETTLEMENT DUE TO AN INCIDENT
•An independent assessment prevents group think and is recommended by OSHA as another threat mitigation action. Do every 2‐3 years.
•Taking this action will help shield your company from possible future liability as it shows that you were taking action to reduce and mitigate every possible threat (General Duty Clause)
ActiveCountermeasure.com
STEP 7: SIGNS OF TROUBLE
In 2002, in response to the Columbine school shooting, the United States Secret Service, in cooperation with the National Threat Assessment Center, released the Safe School Initiative report. This report was a study of school shootings from 1974 to 2000 and analyzed 37 incidents. The report reviewed thousands of source materials including court, police and school records. It also included interviews with 10 of the shooters from the 37 incidents.
The focus of the study was to examine what pre‐attack indicators the shooter(s) exhibited prior to the event and to prevent school shootings by identifying these pre‐attack indicators, and thus possibly intervening before a shooter has a chance to act.
The four most important findings(1) most mass shootings were not impulsive acts
(2) most were planned out well in advance by the shooter(s)
(3) the shooter exhibited pre‐attack behaviors that were noticed by others
(4) there was no standard profile of the shooter(s). ActiveCountermeasure.com
STEP 7: SIGNS OF TROUBLE
WHAT HAS CHANGED SINCE THIS 2002 STUDY?
The answer is NOTHING!
These 4 findings remain the same today
Lets take a closer look at one of the findings
(3) the attacker(s) exhibited pre‐attack behaviors that were noticed by others
ActiveCountermeasure.com
STEP 7: SIGNS OF TROUBLE
1. The development and perception of a personal grievance2. Recent acquisition of weapons or fascination with weapons3. Fascination with previous active shooter incidents4. Recent non‐violent or lawful interaction with law enforcement, 5. Significant perceived or actual personal loss such as a death in the
family or a celebrity or loss of job 6. Sudden detachment from friends, family or reality7. Untreated or diagnosed mental illness 8. Repeated unsuccessful attempts by mental health professionals to
intervene or treat the individual prior to the shooting
ActiveCountermeasure.com
STEP 7: SIGNS OF TROUBLE
• It is important to note the these behaviors in and of themselves might not be alarming for any one person, but could be if they are contextually inappropriate, and are
combined with other pre‐attack indicators.
ActiveCountermeasure.com
STEP 7: SIGNS OF TROUBLE
• The most important aspect to remember about the pre‐attack indicators is that in every active shooter or incident of mass
violence co‐workers, friends or family noticed these pre‐attack indicators
However
THESE INDIVIDUALS DID NOT KNOW WHO TO CONTACT TO REPORT THE PRE‐ATTACK
INDICATORSActiveCountermeasure.com
STEP 7: SIGNS OF TROUBLE
• This is why EAPs (Step 6 already discussed) are so important. • Employees MUST have a way or outlet to anonymously discuss
suspicious or worrisome behavior about themselves or others• But employees must be aware of EAPs and must know what the
potential signs of trouble. This can be accomplished by:
ActiveCountermeasure.com
STEP 8: PROVIDE TRAINING
OSH Act of 1970 ‐ Table of Contents
OSHA ACT OF 1970 GENERAL DUTY CLAUSESEC. 5. Duties(a) Each employer ‐‐
(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
(2) shall comply with occupational safety and health standards promulgated under this Act.
(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. ActiveCountermeasure.com
STEP 8: PROVIDE TRAINING
On September 8, 2011, OSHA issued a compliance directive on workplace violence that outlines enforcement procedures for OSHA field officers in determining whether and how to investigate employers for instances of alleged workplace violence.
Relying on OSHA's General Duty Clause (which requires employers to maintain workplaces "free from recognized hazards that are causing or are likely to cause death or serious physical harm”)
OSHA may cite and fine employers for failing to provide workers with adequate safeguards against workplace violence after an investigation.
ActiveCountermeasure.com
ActiveCountermeasure.com
STEP 8: PROVIDE TRAINING
OSHA's directive focuses on two primary questions:
(1) Did the employer recognize potential hazards in the workplace?
(1) Are there feasible means of preventing or minimizing such hazards?
ActiveCountermeasure.com
STEP 8: PROVIDE TRAINING
• OSHA recognizes that many hazards of workplace violence cannot be completely eliminated
• OSHA encourages businesses to implement training programs to educate employees on the known risks for workplace violence and the steps that can be taken by employees to minimize the potential for workplace violence
• Records should be kept of the dates employee trainings were conducted, and employees in attendance
• Strong documentation can be crucial in demonstrating to OSHA that an employer has taken proper steps to identify and reduce the risk of workplace violence and can assist in any possible future litigation by showing the employer was taking steps to reduce threats
ActiveCountermeasure.com
PART II: DURING AN INCIDENT
ActiveCountermeasure.com
Lets Begin Part II
With a Quote:
ActiveCountermeasure.com
"We need to prepare in advance. It's going to be loud and confusing. This person is going to kill as many people as quickly as possible so seconds do matter. If you can throw a chair or lock a door or run outside the building it can
actually save a life.
Law enforcement will probably not be the
ones to save you."ActiveCountermeasure.com
Who do you think said these powerful words?
• Law Enforcement Official• SWAT Officer• Active Shooter Expert
ActiveCountermeasure.com
None of These!
This quote is from the 2007 Virginia Tech shooting survivor Kristina Anderson.
Lets take a look again at her powerful words:
ActiveCountermeasure.com
"We need to prepare in advance. "It's going to be loud and confusing. This person is going to kill as many people as quickly as possible
so seconds do matter. If you can throw a chair or lock a door or run outside the building it
can actually save a life.
Law enforcement will probably not be the ones to save you."
ActiveCountermeasure.com
Lets discuss adopting a Survivor Mindset
What we at ReACT like to call a ‘Winners Mindset’
ActiveCountermeasure.com
SURVIVALVS
SURRENDER
ActiveCountermeasure.com
ADOPTING A WINNING MINDSETPeyton Manning
Imagine Peyton Manning in the locker room before a game. Do you think that he is worried about losing? NO!!!
He is focused on winning. Losing never crosses his mind. ActiveCountermeasure.com
ADOPTING A WINNING MINDSET
SEAL TEAM 6
Imagine SEAL Team 6 on the helicopter ride to Bin Laden compound. Were they scared and worried that
the mission would fail? Or that they would die?NO!!!
They were focused on winning. Losing never crossed their mind.
ActiveCountermeasure.com
ADOPTING A WINNINGMINDSET
Lim was driving home after a softball game on June 9, 1990, when a carjacker ambushed and shot her as she exited her truck outside of her Canyon County home. After a 15‐year‐old gang member shot Lim with a stolen .357 Magnum, she returned fire, ending the threat. Officer Lim received the Medal of Valor in 1991.
Lim was shot multiple times, and her heart stopped twice. Her family was told she was going to die. Lim, however lived and returned to work. She even walked out of the hospital on her own 2 weeks later.
ActiveCountermeasure.com
ADOPT A WINNING MINDSETListen to Officer Lim and ask yourself:
Did she have a Survivor or Surrender Mindset?
Lim survived because as she said:“I don’t like to lose.” ActiveCountermeasure.com
Do you have to be a professional football player, a member of SEAL Team 6, or an LAPD officer to adopt a winning
mindset? The answer is obviously:
NO!!There is what we at ReACT call the
‘reluctant hero’ in all of usActiveCountermeasure.com
The Reluctant Hero
ActiveCountermeasure.com
TRUE STORYMy dad was a career enlisted U.S. Navy non‐commissioned officer. He was an electronic technician and repaired U.S. Navy radar systems. He served honorably for 23 years. He served at the height of the Cold War and retired in 1998. He never saw combat, but did serve in the First Gulf War. His ship was part of a carrier battle group that took ferry troops and supplies to the front lines in the battle to retake Kuwait. He had no tactical training
But when I was a kid, we were at the Commissary and a vehicle was on fire in the parking lot. Inside the vehicle was a mother who had panicked, was confused and didn’t know what to do. The vehicle was running and was in the fire lane. Also, inside the vehicle were 2 small children. Flames were shooting out of the vehicle’s hood. When we saw the vehicle, my dad took a deep breath and calmly told my mom to go back inside and call the base fire department
He told me to “stand here and DONT move,” and he placed me a safe distance away. My dad and another man raced to the vehicle. They banged on the car door to get the woman to open the door. She opened the door and my dad and the other man removed the kids and the mother from the vehicle
My dad then calmly and quietly got behind the wheel of the vehicle and moved it away from other shoppers and vehicles so that no one would be hurt if the vehicle exploded. The fire department soon arrived and extinguished the car fire. We then loaded our groceries into our car and went home
ActiveCountermeasure.com
TRUE STORY – Reluctant Heroes Stop Active Assailants
On October 24, 2014, Megan Silberberger, a brand new teacher at Marysville‐Pilchuck High School, ran into the room after hearing active shooter Jaylen Frybergshoot dead one classmate and critically wound four others. Megan, who is about 5’3” and 120 lbs, wrestled the gun away from Fryberg before he could kill more.
On the morning of April 9, 2013, 20 year old Ryan Ballard was walking to biology class at Lone Star State Community College when he noticed large amounts of blood everywhere. And that was when he realized the people around him were screaming and running.
He then saw the first stabbing victim ‐‐ a girl who'd been knifed in the cheek. Then he heard someone yell "Stop that guy!” Ryan instinctively tackled the suspect, Dylan Quick, disarmed him, and held him until the police arrived.
ActiveCountermeasure.com
COMPARE AND CONTRAST THE PREVIOUS SLIDES (SURVIVAL OR SURRENDER MINDSET)
withTHESE THREE CLASSROOMS INSIDE NORRIS HALL ACADEMIC BUILDING
FROM THE 2007 VIRGINA TECH SHOOTING.
Class Room 204: Proffesor Liviu Librescu, a holocaust survivor, holds the classroom door shut, while Cho is outside shooting. Librescu tells his students to jump out of second floor window to safety. Librescu is later killed, but he saved numerous lives.
Class Room 206: Students play dead, and shooter Chou returns two times to the class room. Almost all students in this classroom are killed
Class Room 207: Students play dead, and shooter Chou returns two times to the class room. Almost all students in this classroom are killed
ActiveCountermeasure.com
**WE ARE NOT BEING CRITICAL OF THE VICTIMS OF THE HORRIFIC TRAGEDYAT VIRGINA TECH
THOSE VICTIMS DID THE BEST THEY COULD IN A DYMANIC, RAPIDLY
UNFOLDING AND TRAGIC SITUATION
BUT we should use this tragedy as best we can to learn
from it to save lives in the future.ActiveCountermeasure.com
The Mama Bear Complex
ActiveCountermeasure.com
A mother bear or lion in the wild that wants to protect its young from another predator
These mothers are not worried about what topic is being hotly debated in politics at the moment
These mothers also don’t want to debate gun control
They only ReACT on instinct and their gut to protect what is important to them
THEIR FAMILY ActiveCountermeasure.com
WATCH THIS VIDEO CLIP ABOUT AN EVERYDAY MOM WHO WAS PROTECTING HER FAMILY FROM A VICIOUS
CARJACKER:
“ I will stop whoever. It is no thinking. It is just a reaction. You injured my son and wrecked my car, you
are going to pay.” ActiveCountermeasure.com
MAMA BEAR LESSONS
We all have this instinct inside of us. It is only a matter of finding it.
We at ReACT aren’t telling people to become a Navy SEAL, John Wayne or Clint Eastwood
What we are saying is to find what is important to you, and make a conscious effort that you will survive, NO MATTER WHAT, for what’s important to you.
I faced danger constantly as a Secret Service Agent. I face it now every day as Police Officer. But I make a conscious effort that I will survive no matter what to return to my wife, son, and infant daughter. I will do what ever it takes to return to them.
We all can use the Mama Bear complex and find what is important to us
Research has shown time and time again, that the best way to survive a life and death situation is to make a conscious effort that you will survive no matter what.
ActiveCountermeasure.com
OODA Concept
Using the OODA loop
to survive an active shooter incident
ActiveCountermeasure.com
What is OODA?
Col William Boyd, an American fighter pilot, developed a theory called the “Combat Operations Process.”
This theory involves the following actions: Observing, Orienting, Deciding, and Acting, or OODA. Boyd hypothesized that pilots in air combat constantly repeat a recurring cycle of observing, orienting, deciding and acting. Boyd believed that whoever can process this cycle and react the
quickest would win the battle.
He partly based his theory on two mathematical theories. The first was Godels Incompleteness Theorem, which states that any logical model of reality is incomplete and must be continuously refined and adapted because new observations are constantly being presented. The second was Heisenberg Uncertainty Principle which states that there is a limit on one’s ability to observe reality with precision.
Boyd later further developed his theory and it became known as the OODA, or OODA loop, Boyd’s
OODA loop has been applied to all sorts of endeavors outside of the military.
OODA is a process by which an individual can defeat an adversary by out‐thinking his opponent and reacting quicker in an ever changing environment.
ActiveCountermeasure.com
OODA A process by which an individual can defeat an adversary by out‐
thinking his opponent and reacting quicker in an ever changing
environment.
ActiveCountermeasure.com
OODA: Think like a fighter pilot and mathematician
The steps of the OODA loop Observe, Orient, Decide and Act
An Active Assailant is already 4 steps ahead of you in the OODA loop during a violent incident.
Observe1). An active assailant has already observed their target, and likely conducted pre‐attack surveillance. The
assailant has already picked out points of entry and escape and high value targets, and areas to inflict the most casualties
2). The assailant has also already determined where security is, and the subsequent law enforcement response
Orient1). An active assailant has determined what weapons they will use
2). They have determined how they will travel to their destination3). They also know where they will enter and their path of travel once inside
Decide 1). This is the stage when the assailant makes a decision to act on their plan
2). The assailant has observed their target, and oriented themselves to conduct the assaultAct
1). The time for planning is over. The assailant makes the decision to begin the attack and begins the violent actions.
ActiveCountermeasure.com
How can you catch up in the OODA loop?
Take time to Observe your surroundings at work, school, church, and in public. When at work, school, church or in public, take a few moments to find entrances, and exits. Try to pay
particular attention to emergency entrances and exits. When in public places, try to notice who is around you, their behaviors, and take note of anything that you think is odd about them. In places you frequent like work, try to take note of the exits, especially emergency exits, daily or
frequently.
Orient yourself and know how you can get to the exits from your desk, office space, or the hallways and bathrooms. Know where the fire alarms are, and locate potential shelter in place
locations. These observations should only take a few seconds and require little effort. If nothing else, if gives you a break from a tedious 8 hour day.
Decide which you would do in the event of an active shooter. Take a few seconds and plan your shelter or escape. Ask yourself what would you do in the event of an emergency? How quickly could you get to the emergency exits? If you had to shelter in place, where would you do it? If you are with your family in a public place, where could you evacuate. Conducting these simple mental
exercises takes only seconds. Soon, after running this mental drill over and over, it will become easier to do and it will be committed to memory.
ActiveCountermeasure.com
Catching up in the OODA LOOP(continued)
Finally, once you have observed, oriented, and decided the only thing left to do will be to ACT. In the event of an active shooter, or other emergency, observing, orienting and deciding in advance will put you ahead of the game, and could possibly save your life, or the life of your family. Conducting these simple
exercises weekly, or monthly takes less time than updating your Facebook page or twitter account. It isn’t being paranoid, it is being prepared.
OODA Summary
Resolve to out think an active assailant and think like a
fighter and mathematician
ActiveCountermeasure.com
OODA SUMMARY RELATED TO ACTIVE ASSAILANTS(continued)
Resolve to out think an active assailantSpeed up your OODA loop in an active assailant incident by pre‐planning what
your response will be:
1). Find one or more exits to your desk or office2). Know the locations of fire extinguishers and other potential
weapons3). Know the locations of potential shelter in place locations that have
lockable doors
ActiveCountermeasure.com
PART III: AFTER AN INCIDENT
ActiveCountermeasure.com
AFTER AN INCIDENT
• You have already the actions discussed in this presentation• But since not all threats can be eliminated, a threat slipped through
and something has happened
NOW WHAT ???
ActiveCountermeasure.com
AFTER AN INCIDENT
• The steps you take in the first few hours after an incident will can be crucial and will most likely determine if your business will survive and how much your brand will suffer
• I encourage every business leader to read Steven Fink’s, “Crisis Communication: The Definitive Guide to Managing the Message”
• Fink is an industry expert on how businesses should manage emergencies and corresponding media and public inquiries
ActiveCountermeasure.com
AFTER AN INCIDENTSOME BRIEF THOUGHTS
• Be prepared and know that every step you have or have NOT taken to mitigate risk will be heavily scrutinized
• Be prepared to answer tough questions and do it TRUTHFULLY• Make sure your security team and public relations team are in since i.e.,
ONE MESSAGE• Be prepared to adjust your COOP procedures or update them• Seriously consider hiring a third independent party to conduct a review of
the incident
ActiveCountermeasure.com
1. Analyze potential workplace hazards
• A significant portion of the OSHA directive encourages field officers to investigate the employer's recognition of the risk for workplace violence. Employers are encouraged to conduct assessments of the risk of workplace violence at their job sites. A simple walk‐through of a workplace can reveal potential workplace hazards. For example, employers should look for items such as burnt out lights in an isolated parking lot or a broken door lock.
2. Implement reasonable safety mechanisms
• Once an employer has completed an analysis of the potential hazards related to workplace violence, OSHA policy dictates that an employer should take steps to implement safety mechanisms to minimize or eliminate those risks. Determine whether there are simple changes that can be made to minimize potential risks.
4 THINGS YOU CAN DO AS AN EMPLOYER OR AN EMPLOYEE:
ActiveCountermeasure.com
WHAT YOU CAN DO AS AN EMPLOYER OR AN EMPLOYEE:(continued)
3. Train employees
• OSHA encourages employers to implement training programs to educate employees on the known risks for workplace violence and the steps that can be taken by employees to minimize the potential for workplace violence.
• Employers should inform employees what has been done to mitigate the risks and what mechanisms are available for reporting hazards or incidents that occur.
• Management and supervisors should be trained on how to effectively respond to workplace emergencies and employee complaints of workplace hazards.
ActiveCountermeasure.com
WHAT YOU CAN DO AS AN EMPLOYER OR AN EMPLOYEE: (continued)
4. Reassess hazards periodically
• An initial evaluation and implementation of precautions to minimize the risk of workplace violence is a critical first step; however, OSHA says that employers should also periodically reassess the potential for workplace violence. Employers may consider a regularly scheduled evaluation of whether or not the mechanisms in place to reduce workplace violence are effective and whether there are other mechanisms that can be introduced to further protect employees. Trainings should be repeated periodically and updated based on any changes in procedure or risks.
ActiveCountermeasure.com
WHAT YOU CAN DO AS AN EMPLOYER OR AN EMPLOYEE:
ASK YOURSELF THESE FIVE QUESTIONS:
1). Is my business OSHA Compliant?
2). Would OSHA fine me if they did a surprise inspection?
3). When was the last time I provided or received training related to incidents of active shooters or mass violence? (Active Shooter drills do not count)
4). Do you have an Employee Assistance Program and or a way for employees to anonymously report worrisome behavior?
5). When was the last time you scheduled a outside review by an independent third party of your security procedures related to active shooter or mass violence?
ActiveCountermeasure.com
ActiveCountermeasure.com
Aftermath Costly Calculations
Crisis management planning starts with documented training of employees on proactive survival options, mental preparation and
integrated planning
It is imperative companies train employees on how to survive reducing risk and mitigating potential damage
ActiveCountermeasure.com
WHAT REACT CAN OFFER
YOUR BUSINESS
ActiveCountermeasure.com
Step One – Action Plan
Free BLR Webinar Resource
Survival Assessment Tool Survey
ActiveCountermeasure.com
ActiveCountermeasure.com
Sign up for your FREE ACCOUNTActiveCountermeasure.com
ActiveCountermeasure.com
Login in ‐ Personal Account Page
ActiveCountermeasure.com
(FREE Survival Assessment Tool Survey)
ActiveCountermeasure.com
Step Two – Enroll in Employee Education ProgramActiveCountermeasure.com
Seven (7) online “edu‐tainment” interactive video training modules
Seven (7) online exams – immediate visibility & accountability
Individual Employee/Subcontractor Completion Certificates
ActiveCountermeasure.com
Employee Education – Training CenterActiveCountermeasure.com
visual o
ActiveCountermeasure.com
Employee Education ‐ Testing & Exam ModulesActiveCountermeasure.com
activecountermeasure.com
ActiveCountermeasure.com
Employee Education ‐ Individual Training Completion Certification
ActiveCountermeasure.com
Corporate Compliance Center
ActiveCountermeasure.com
EmployeeRolloutWizard
ActiveCountermeasure.com
ActiveCountermeasure.com
User AccountabilityDocumentation
Reporting
ActiveCountermeasure.com
Step Three – Review Company Survival Profile & Engage a “Winning Mindset”
Use your BLR SAT Survey to begin taking a holistic approach to workplace violence prevention.
Respond with a “Winning Mindset”
Everything matters!When seconds count do you have a plan?
ActiveCountermeasure.com
Disclaimers
*This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. *This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.
Bill Gage is an award-winning law enforcement professional who recently finished a 12-year career as a Special Agent with the United States Secret Service. While in the Secret Service, he received numerous awards, participated in hundreds of protective missions, and conducted numerous foreign and domestic protective advances for the President, Vice-President, and others. These included protective missions to hostile areas such as Iraq, Afghanistan, Lebanon, Saudi Arabia, Israel and Jordan. Prior to that, Gage was on the elite Counter Assault Team (CAT), which focuses on active shooter threats, mitigation, and response providing global tactical support to various U.S Secret Service protectees, including around-the-clock tactical support of the President and Vice-President. As a team leader, Gage was responsible for the coordination of active shooter response at the White House, the Vice-President’s residence, and other venues and events to include the Presidential State of the Union, and the Republican and Democratic National Conventions. Gage served on two Congressional subcommittees related to active shooter response, threat mitigation, and National crisis management related to National Special Security Events (NSSEs). The President of the United States, on average, receives approximately 100 threats a month, and as part of his duties as a member of the United States Secret Service Counter Assault Team, Gage was responsible for evaluating those threats and conducting active shooter mitigation at the highest levels. He also visited the scene of active shooter events with the President, including Newtown, Connecticut and Aurora, Colorado. He has seen firsthand the devastating aftermath these events cause. Gage holds a B.A. from the Virginia Military Institute, and an M.A. from Boston University.
Bill Gage