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  • Emergency Action Plans:Preparation is Your Best Defense

    January 24, 2018

    Mark A. Lies, II , Attorney & Partner, Seyfarth Shaw, LLPTerra Brimberry, Account Manager, Alchemy Systems

  • Terra Brimberry Account Manager

    Mark A. Lies II Attorney & Partner

    Introduce Speakers


  • Todays Discussion

    1. Emergency Action Plan

    2. General Issues

    3. Evacuation Policy & Procedures

    4. Reporting Emergencies & Alerting Employees

    5. Employee Training & Drills

    6. Engaging Your Employees

    7. Resources

    8. Q&A


  • 4

    Emergency Action Plan

  • Hurricane Devastation Across Southern United States


    Hurricane Harvey

    43.38 inches of rain measured in Houston, nations fifth largest metropolitan area

    Up to 30% of Harris County was flooded during the storm

    Estimated $40 billion in physical damage in Texas

    Hurricane Irma

    Heavy winds and rain across large area of Florida

    Storm surge inundated Miami Beach and downtown Miami

    Estimated $19 billion in physical damagein Florida

  • OSHA Liability: Multi-Employer Worksite


    Initially, the employer was responsible for its own employees

    Employer had to ensure that its employees were protected against

    Recognized Hazards to Employee Safety and Health (General Duty Clause)

    Hazards Identified In Specific Regulations (29 CFR 1926, e.g. falls, electrical, lead, silica, etc.) (Construction Industry)(29 CFR 1910, e.g. forklifts, confined space, noise, etc.) (General Industry)

  • OSHA Liability: Multi-Employer Worksite During Disaster Response


    Liability was expanded under Multi-Employer Workplace Doctrine

    Now, each employer is potentially responsible for the safety and health of another employers employee during disaster response, if the employer:

    Creates the hazard

    Exposes an employee to the hazard

    Is responsible to correct the hazard

    Is the controlling Employer on the site

    Liability can involve citations (against employer) and criminal prosecution (against employer and management representatives)

  • Emergency Action Program


    Worksite must have an Emergency Action Plan (EAP), which should include:

    Means of reporting emergencies (fires, collapses, etc.)

    Evacuation procedures and assigned exit routes

    Procedures to account for all employees following an evacuation

    Procedures to be followed by employees who must remain behind to attend to critical plant operations before evacuating

    Rescue and/or medical duties for employees who are assigned and trained to perform them

    Names or job titles of people who can be contacted for more information about the plan

  • 9

    General Issues

  • General Issues


    Does your EAP consider all potential natural or man-made emergencies that could disrupt your workplace?

    Common sources of emergencies identified in Emergency Action Plans include:



    Floods & hurricanes


    Toxic material releases

    Radiological & biological accidents

    Civil disturbances & workplace violence

  • General Issues


    Does your EAP consider all potential internal sources of emergencies that could disrupt your workplace?

    Conduct a hazard assessment of the workplace to identify any physical or chemical hazards that may exist and could cause an emergency

  • General Issues


    Does your EAP consider the impact of these internal and external emergencies on the workplace's operations and is the response tailored to the workplace?

    Brainstorm worst case scenarios asking yourself what you would do and what would likely impact your operation

    Device appropriate responses


  • General Issues


    Does your EAP contain a list of key personnel with contact information as well as contact information for local emergency responders, agencies and contractors?

    Keep your list of key contacts current and make provisions for an emergency communications system such as a cellular phone

    A portable radio unit

    Or other means so that contact with local law enforcement, the fire department, and others can be swift

  • General Issues


    Does your EAP contain the names, titles, departments, and telephone numbers of individuals to contact for additional information or an explanation of duties and responsibilities under the plan?

    List names and contact information for individuals responsible for implementation of the plan

  • General Issues


    Does your EAP address how rescue operations will be performed? Unless you are a large employer handling hazardous materials, you will probably

    rely on local public resources, such as the fire department, who are trained, equipped, and certified to conduct rescues

    Make sure any external department or agency identified in your plan is prepared to respond as outlined in your plan

    Untrained individuals may endanger themselves and those they are trying to rescue

  • General Issues


    Does your EAP address how medical assistance will be provided?

    Most small employers do not have a formal internal medical program and make arrangements with medical facilities to provide medical services to employees

    If an infirmary, clinic, or hospital is not close to your workplace, ensure that onsite person(s) have adequate training in first aid

    The American Red Cross, insurance providers, local safety councils, fire departments, or other resources may provide first aid training

    Treatment of a serious injury should begin within 3 to 4 minutes of the accident

    Consult with a physician to order appropriate first-aid supplies for emergencies

    Establish a relationship with a local ambulance service so transportation is readily available for emergencies

  • General Issues


    Does your EAP identify how or where personal information on employees can be obtained in an emergency?

    In the event of an emergency, its important to have ready access to important personal information about your employees

    Home telephone numbers

    Names and telephone numbers of emergency contact

    Medical information

  • 18

    Evacuation Policy & Procedures

  • Evacuation Policy & Procedures


    Does your EAP identify the conditions under which an evacuation would be necessary?

    The plan should identify the different types of situations that will require an evacuation of the workplace



    Chemical spill

    The extent of evacuation may be different for different types of hazards

  • Evacuation Policy & Procedures


    Does your EAP identify a clear chain of command and designate a person authorized to order an evacuation or shutdown of operations?

    Select an individual to lead and coordinate your emergency plan and evacuation

    Employees must understand this person has the authority to make decisions during emergencies

    The coordinator should be responsible for assessing the situation to determine what the next steps should be

  • Evacuation Policy & Procedures


    Does your EAP address the types of actions expected of different employees for the various types of potential emergencies?

    The plan may specify different actions for employees depending on the emergency

    Employers may want to have employees assemble in one area of the workplace if it is threatened by a tornado or earthquake but evacuate to an exterior location during a fire

  • Evacuation Policy & Procedures


    Does your EAP designate who, if anyone, will stay to shut down critical operations during an evacuation?

    Include locations where utilities can be shut down for all or part of the facility

    Individuals shutting down critical systems or utilities must be capable of recognizing when to abandon the operation or task and evacuate themselves

  • Evacuation Policy & Procedures


    Does your EAP outline specific evacuation routes and exits and are they posted in the workplace where they are easily accessible to all employees?

    Create maps from floor diagrams with arrows that easily designate:

    Locations of exit that are wide enough to accommodate personnel and unobstructed

    Assembly points

    Equipment (fire extinguishers, first aid kits, spill kits)

  • Evacuation Policy & Procedures


    Does your EAP address procedures for assisting people during evacuations, particularly those with disabilities or who do not speak English?

    Evacuation wardens help move employees from danger to safe areas during an emergency, one warden for every 20 employees

    Employees designated to assist in emergency evacuation procedures should be trained in the complete workplace layout and various alternative escape routes

    Employees designated to assist in emergencies should be made aware of employees with special needs

  • Evacuation Policy & Procedures


    Does your EAP identify one or more assembly areas (as necessary for different types of emergencies) where


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