Terrorism in America: What should employers be doing?
Florida (Dec 5, 2001) It has already become a cliche. The world after September 11 is not the same as it was the day before. The cliche fits the workplace as well as life in general. Have you taken appropriate steps to meet the challenges of the post-September 11 world?
Monumental challenges
Since September 11, employers all across America have faced an entirely new set of employee concerns over workplace safety and security. Unfortunately, most human resource departments have been caught by surprise as they forge into entirely new territory with no rules or procedures in place. If you're going to keep your workers motivated and focused on the business of running the company, you should be actively dealing with the legitimate concerns of workplace security.
Before the recent attacks, most companies had never even thought about dealing with terrorist threats, biochemical hazards, or the potential destruction of the workplace. But those of you who demonstrate a proactive concern for the new workplace safety and security issues will go a long way toward maintaining employee morale. Although the challenges are daunting, there are things you can and should do.
Step one: Assemble multifunctional team to oversee company's planning
At a minimum, the team should include representatives from your primary operations (whether it be manufacturing or service), safety and security, human resources, and financial and information systems. The team's first assignment should be to perform an overall risk assessment of the company that includes an analysis of what the company is, the business activities that it participates in, and the geographical scope of the activity. The results will give the team guidance about which areas to emphasize and how far the company should go in implementing workplace procedures.
For example, the risk faced by a small manufacturing company in Dothan, Alabama, will be quite different from that of a multinational oil company with extensive business interests in the Middle East. Although no employer is immune to the threat of terrorism, those of you who overreact to the level of risk in your particular workplace may do more harm by scaring your employees into asking, "What do they know that is causing the company to act this way?" Such an overreaction may actually cause your employees to distrust management.
Step two: Review, revise your physical security plans, policies, procedures
Most businesses already have some security measures in place. Physical security usually involves protecting the actual business facility equipment and perimeter area. don't ignore parking lots, access roads, and the surrounding neighborhood. If the risk assessment warrants, consider on-site guards or roving patrols. Other visible forms of security such as lights and video cameras should also be considered.
If you are a tenant in a multibusiness location such as a high-rise office building or industrial park, work with your landlord and suggest coordinated involvement with other tenants so costs can be shared. Physical security also involves protecting the people inside. Things to consider include the following:
1) Review your company's procedures for tracking the arrival and departure of employees, visitors, and vendors.
2) Deliveries and pickups are another problem area. Consider limiting delivery times and locations so control can be maintained.
3) Keep loading dock doors closed.
4) Consider requiring every non-employee to show an ID and sign in even if you're in a building or complex with its own security personnel.
In adopting additional security measures, remember that various laws may limit what you can do. Audio monitoring may be prohibited under state wiretap laws, and video surveillance of employees may be a problem in unionized workplaces or if it monitors areas where people have a reasonable expectation of privacy. Those who develop screening procedures should be aware that the discrimination and harassment laws have not been suspended and need to ensure that employees and visitors aren't harassed based on their race, religion, or national origin.
Step three: Establish mail-handling procedures
The recent outbreaks of anthrax in Florida, New Jersey, Washington, D.C., and New York -- as well as other reported incidents of powdery substances in the mail -- demonstrate the need for every employer to focus on this area. Employees who handle mail should be trained on how to identify suspicious packages. The U.S. Postal Service has developed warning signs for suspicious mail. They include: 1) mail from someone unexpected or unfamiliar to you; 2) mail addressed to someone no longer with your organization and/or containing misspelled names or otherwise outdated information (e.g., improper title); 3) mail that bears no return address or has one that can't be verified as legitimate; 4) mail whose postmark is from a city different than the return address; 4) mail of unusual weight, given its size, or that appears to be lopsided; 5) mail that is marked with restrictive endorsements such as "Personal" or "Confidential"; and 6) letters or packages that exhibit powder or dust, protruding wires, strange odors, or stains. 7) Experts advise that suspicious mail be promptly segregated from people and put in a zippered plastic bag. Also, immediately contact the appropriate law enforcement officials. Anyone who comes in contact with an unknown substance should immediately wash it off with soap and water and seek medical attention. Additional information for handling suspicious mail is available on the U.S. Postal Service website at "http://www.usps.gov" target="new">www.usps.gov.
Step four: Educate your employees who must travel
Although most companies have greatly curtailed business travel, employees eventually will have to travel again. For those of you who have flown since September 11, you know from the sight of armed soldiers in airports that it is a different world now. The security arrangements at airports and hotels will continue to change, and keeping employees abreast of those changes will help them travel efficiently and safely.
It's also important to develop contingency plans to assist employees who may be stranded away from home. If your employees travel internationally, consider obtaining expert advice from security consultants who are familiar with the countries being visited, and don't forget to check with the State Department for travel alerts.
Dealing with employees who are afraid to travel will pose another difficult problem. Workers who have a reasonable fear for their health and safety are protected from disciplinary action under the Occupational Safety and Health Act (OSHA). Also, don't ignore safety issues associated with local travel on the part of salespeople, route drivers, and other local workers. Plans should be made to secure company vehicles when they are off-site.
Step five: Every company should have a disaster recovery plan
Even if your company assesses its risk of terrorist threats as minimal, you can be faced with other potential threats and natural disasters such as hurricanes, earthquakes, tornadoes, or fires. In any case, be prepared: 1) Would you know how to get in touch with your employees if all your business records and computers were destroyed? Is critical information regularly backed up and stored off-site? 2) Have you given any thought to where and how you would operate the business if your facilities were no longer available to you? 3) Have you looked at your insurance policies lately? Do you have business interruption insurance? 4) How would you access your company's money so employees could be paid and benefits maintained? 5) The destruction of the World Trade Center should make every business think about those issues.
A portion of your disaster plan should be devoted to emergency evacuation procedures. Before September 11, conventional wisdom held that in a high-rise building fire, you would evacuate just three or four floors below the fire and wait for further instructions. That is no longer the case. Fortifying security by blocking emergency exits will likely result in OSHA and building code violations.
Bottom line
Employers face some difficult business hurdles in the months to come. As with most business problems, planning and foresight can go a long way to help your business stay on track, but keep in mind that your plans and procedures must be consistent with all of the laws and regulations that govern the workplace.
FLORIDA EMPLOYMENT LAW LETTER
December 2001
Copyright 2001 M. Lee Smith Publishers & Printers
