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

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Today’s 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

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Emergency Action Plan

Hurricane Devastation Across Southern United States

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• Hurricane Harvey

– 43.38 inches of rain measured in Houston, nation’s 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

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• 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

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• Liability was expanded under “Multi-Employer Workplace Doctrine”

• Now, each employer is potentially responsible for the safety and health of another employer’s 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

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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

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General Issues

General Issues

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• 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:

– Fires

– Explosions

– Floods & hurricanes

– Tornadoes

– Toxic material releases

– Radiological & biological accidents

– Civil disturbances & workplace violence

General Issues

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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

– In the event of an emergency, it’s important to have ready access to important personal information about your employees

– Home telephone numbers

– Names and telephone numbers of emergency contact

– Medical information

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Evacuation Policy & Procedures

Evacuation Policy & Procedures

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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

– Fire

– Earthquake

– Chemical spill

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

Evacuation Policy & Procedures

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• 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

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• 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

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• 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

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• 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

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• 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

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• Does your EAP identify one or more assembly areas (as necessary for different types of emergencies) where employees will gather and have a method accounting for all employees?

– Accounting for all employees following an evacuation is critical

– Conducting a head count after evacuation ensures the fastest, most accurate accounting of your employees

– Names and last known locations of anyone not accounted for should be passed on to the official in charge

Evacuation Policy & Procedures

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• Does your EAP address how visitors will be assisted in evacuation and accounted for?

– Some employers have all visitors and contractors sign in when entering the workplace

– The hosts and/or area wardens are often tasked with assisting these individuals evacuate safely

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Reporting Emergencies & Alerting Employees

Reporting Emergencies & Alerting Employees in an Emergency

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• Does your EAP identify a preferred method for reporting fires and other emergencies?

– Dialing 911 is a common method for reporting emergencies

– Internal numbers are sometimes connected to intercom systems so that coded announcements may be made

– In some cases employees are requested to activate manual pull stations or other alarm systems

Reporting Emergencies & Alerting Employees in an Emergency

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• Does your EAP describe the method to be used to alert employees, including disabled workers, to evacuate or take other action?

– Make sure alarms are distinctive and recognized by all employees

– Sequences of horn blows or different types of alarms can be used to signal

employees

– Consider an emergency communications system for broadcasting

emergency information to employees

– Ideally alarms will be able to be heard/seen by everyone in the workplace

including those that may be blind or deaf

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Employee Training & Drills

Employee Training & Drills

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• Does your EAP identify how and when employees will be trained so that they understand the types of emergencies that may occur, their responsibilities and actions as outlined in the plan?

– Training should be offered to employees when you develop your initial plan and when new employees are hired

Employee Training & Drills

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General training for your employees should address the following:

• Individual roles and responsibilities

• Threats, hazards, and protective actions

• Notification, warning, and communications procedures

• Emergency response procedures

• Evacuation, shelter, and accountability procedures

• Location and use of common emergency equipment

• Emergency shutdown procedures

Employee Training & Drills

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• Does the plan address how and when retraining will be conducted?

– If training is not reinforced it will be forgotten, consider retaining employees annually

Employee Training & Drills

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• Does the plan address if and how often drills will be conducted?

– It is a good idea to hold practice drills as often as necessary to keep employees prepared

– Include outside resources such as fire and police departments when possible

– After each drill, gather management and employees to evaluate the effectiveness of the drill

– Identify the strengths and weaknesses of your plan and work to improve it

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Engaging your Employees

Engage Your Employees with Alchemy

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• Utilize/Customize Alchemy’s multilingual courseware for new hire and refresher trainings, with topics on:

– Emergency Preparedness

– Ammonia Awareness

– Fire Prevention & Protection

– Basic First Aid

• Designate EAP as a “Topic of the Month” and emphasize key points with huddle guides, digital signage, and posters

• Develop a visitor training that covers your EAP

• Promote employee-supervisor communication with an award-winning coaching app

• Ensure audit-ready automated documentation and real-time reporting

The Forgetting Curve

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Source: Dr. Hermann Ebbinghaus

80% of training knowledge is lost in a one month

Reversing the Forgetting Curve

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“If your goal is to produce long-term retention, and behavior change, then what you do aftertraining is more important than what you do during training”

Dr. Art KohnProfessor, Portland State University(Noted learning expert)

Weeks After Training

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Resources

Upcoming Webinars

Wednesday, Feb 7, 201810am PT | 12pm CT | 1pm ET

Register on Alchemy’s website under Upcoming Webinars!

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Join this webinar to learn: • What consumers are asking for on product labels• What to look for as product formulas and

ingredients change• The critical role of training as these changes

are implemented

Wednesday, Feb 28, 201810am PT | 12pm CT | 1pm ET

Join this webinar to learn: • How to overcome the challenges companies face

with training• Best practices for engaging your employees and earning

their commitment• The impact your food safety program has on productivity

Resource: Alchemy Consulting Services – Workplace Safety

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Training

OSHA Required Training

• Process Safety

Management

• Safety Training

OSHA Compliance

• On site audit to assess OSHA Compliance

• Off site desk top review of safety procedures to compare to regulatory requirements

Program Development

• Workplace Safety

Procedures customized

for your operations and

processes created or

reassessed as needed

Continuous Improvement

• Safety Program review to reduce incident rates and workers compensation cost

• Voluntary Protection Program Development

THANK YOU