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Safety Management
Updated April 05, 2024
Critical events – whether violent acts, natural disasters, or public health incidents – overwhelm crisis-hit organizations – often swiftly. Nevertheless, the organizations in question remain PCBUs (Person(s) Conducting a Business or Undertaking), meaning they maintain a legal obligation to ensure the health and safety of their staff to the extent practicable.
Crises, emergencies, or other business continuity incidents don’t suspend that employer duty-of-care obligation. But they do make complying with the legal mandate that much harder, especially for Safety departments.
Why Safety, in particular? Safety teams often find themselves at a structural disadvantage when responding to a certain class of critical event. Specifically, Safety departments have traditionally focused on internal, unintentional workplace hazards, namely risks arising from unsafe work practices, hazardous industrial conditions, or exposure to harmful chemical, biologic, or physical agents. Indeed, the duty of care obligation itself comes from a case of unintentional negligencei.
On the other hand, externally-originating hazards – again, violent acts, natural disasters, and public health events come to mind – have long been the provenance of other departments, whether Crisis, Security, or HR. Because of siloing effectsii, those teams don’t often share relevant information efficiently with the Safety function, even if the hazards they seek to prevent, respond to, and recover from can and do impact employee safety.
How, then, to get everyone on the same page so as to more effectively manage all incidents, risks, and hazards that might impinge worker wellbeing and compromise duty of care? The guide outlines the strategies, capabilities, and protocols needed to uphold the duty of care mandate during critical events that too often fall outside of the Safety department’s remit.
While safety managers have primarily focused on the unintentional, non-malicious threats to people, processes, systems, and the environment caused by human error, Security teams have managed malicious threats to physical assets and people perpetrated by intentional human actorsiii. Of course, those violent acts, including a broader category of security incidents, such as vandalism, theft, fraud, and protest, can compromise employee safety and wellbeing, as well.
Nor is the risk of intentional, malicious acts hypothetical, either. Security crises now count among the top ten business continuity threats and disruptionsiv.
What’s more, it appears orthodox, safety and security protocols have proven insufficient to prevent major loss and uphold duty of care. A staggering 62 percent of organizations acknowledge feeling less confident in their capabilities to respond to location-specific incidents involving physical securityv.
Jurisdictions, in their turn, aren’t looking the other way. To the contrary, they are increasingly putting at-risk PCBUs in at-risk sectors under stricter regulatory regimes. What those regimes entail largely varies from jurisdiction to jurisdiction. But generally, Safety teams at PCBUs must at minimum ensure that their workplaces are free of hazards causing or likely to cause death or serious physical harm, i.e. identifying, understanding, and controlling what have traditionally been security risks liable to cause security crises.
Here, the case of the healthcare sector is instructive. Healthcare workers face significant risks of client-initiated, occupational violence, so the industry as a whole has been under a fine microscope. How has the industry responded and what lessons can Safety actors in other industries take from it?
Let’s look at the response of Christchurch Hospital during the 15 March 2019 Christchurch shootings at the Al Noor Mosque and Linwood Islamic Centre. Unsurprisingly, the shootings quickly became a major safety and security event for organizations outside of the immediate perimeter of the incidents.
Christchurch Hospital, located a mere two kilometers from Al Noor Mosque, proved no exception. So close to the incident was the Hospital that witnesses of the shooting actually ran across the Park to warn Hospital staff to expect an influx in victimsvi.
And come those victims did. This sharp uptick in patients was enough for the Emergency Room to activate its major incident plan, a pre-planned response triggered when the Department has to treat ten or more patients.
Facilitating the medical intervention during a such a stark public safety incident was the fact that Christchurch Hospital remained under emergency lockdown, a heightened safety and security posture. The public could not attend Christchurch Hospital. Nor could staff or patients enter or leave the building.
Major security events, like the Christchurch shooting, can trigger lockdowns even at facilities that are not themselves the site of the mass-casualty incident. Since healthcare facilities carry elevated work safety riskvii, the lockdown posture factors heavily in their crisis plans.
But, of course, the safety risk of violent acts isn’t unique to the healthcare sector, though risk might be higher there. For that matter, security crises aren’t the only critical events that might compromise a PCBU’s ability to maintain its duty of care obligation, either. Natural disasters also stand out as critical events that can have a deleterious impact on worker wellbeing.
And like physical security incidents, weather-related disasters are also increasing in kind, cost, and intensity. According to The Economist, disasters around the world have more than quadrupled to around 400 year since the 1970sviii.
Business leaders have long considered this sharp uptick in major natural disasters, like Hurricane Katrina, the earthquake at Kaikoura, and the 2019-20 Australian bushfires, from a business continuity and viability perspective. After all, 40 to 60 percent of small businesses close permanently after a disaster; and among businesses that are closed for at least five days after a disaster, 90 percent fail within a yearix. But the very ubiquity of natural disasters and other safety-impacting emergencies has meant that jurisdictions have stepped in, tying emergency preparedness to safety compliance.
What does safety compliance entail? Again, compliance varies from jurisdiction to jurisdiction. But typically, PCBUs of ten employees or more must, at least, have a written emergency action plan (EAP). Safety regulators also urge senior management at those PCBUs to review that plan with employees, as well as re-evaluate and amend the plan periodically.
Taking its cue from regulators, the safety industry has also revised its best-practice standard, ISO 45001, so as to enable compliant PCBUs to better respond to emergency situations, like natural disasters, that compromise the wellbeing of employees, customers, and other stakeholders.
PCBUs have at least begun to factor the weather-related disaster threat into their safety protocols. Not so when it comes to the risk of public health events, though.
Indeed, it appears that organizations have largely failed to plan for the potential impact major health incidents, like epidemics, might have on business viability writ large. That is even though no less a body than the World Economic Forum (WEF) has cautioned that health systems in advanced economies, like the U.S., U.K., and Australia, are becoming “unfit for purpose,” introducing downstream risk for worker safety.
The outbreak of the 2019/2020 novel coronavirus (COVID-19) has shaken many organizations from their torpor, a clarion example of the systemic risk public health still poses, especially to businesses with complex supply chains that reach into emerging and developing markets. But it’s not yet clear that firms have folded the public health risk into their safety plans.
Considering the epidemic risk, though, constitutes part of a PCBU’s duty of care obligation to continually think about threats that may harm its workers. And not just consider. PCBUs must take reasonable steps to control and/or mitigate those threats. What would reasonable safety risk control measures look like in the case of an ongoing epidemic?
Well, with regards to the coronavirus, specifically, expert consensus has leaned towards immediately activating the PCBU’s existing crisis management plan, while making and socializing return to work policies, as well as stocking up relevant personal protective equipment (PPE) and safety
supplies, including hand-hygiene products, tissues, and
receptacles for disposal.
A PCBU should also revisit its existing epidemic response plan, if it has one, to review safety management actions, which might include any of the following:
To what do these protocols all amount? Well, managing work safety risk throughout the lifecycle of crisis – be it a violent act, natural disaster, or public health incident – takes a systemic approach, not a single intervention. And that kind of approach can only be operationalized via a flexible, integrated safety and crisis management software
platform that enables PCBUs to report and manage major events, risks, and operations.
Of course, not all technology is created equal. Here are the specific supporting capabilities you will need to ensure employee wellbeing and maintain duty of care during a crisis:
i Richard Castle, Cambridge University: Lord Atkins and the Neighbour Test: Origins of the principles of negligence in Donoghue v Stevenson. Available at https://www.cambridge.org/core/services/aop-cambridge core/content/view/CBCF36E5E5998EB037E232CAAE3317ED/ S0956618X00005214a.pdf/lord_atkin_and_the_neighbour_test_origins_of_the_principles_of_negligence_in_donoghue_v_stevenson.pdf.
ii Safety and security managers specifically have each built strong portfolios in the enterprise. Indeed, reporting hierarchies often reflect the importance the C-suite places on topline safety and security priorities, objectives like keeping employees safe at work or mitigating threats to facilities and people. In turn, businesses of all shapes and sizes, in all vertical markets, have implemented standalone safety and security management systems to pursue those objectives.
iii Sabarathinam Chockalingam et al: Integrated Safety and Security Risk Assessment Methods: A Survey of Key Characteristics and Applications. Available at https://www.researchgate.net/publication/318315890_Integrated_Safety_and_Security_Risk_Assessment_Methods_A_Survey_of_Key_ Characteristics_and_Applications.
iv Security Magazine: Cyber Tops List of Threats to Business Continuity. Available at https://www.securitymagazine.com/articles/87856-cyber-tops-listof-threats-to-business continuity.
v Ibid.
vi New Zealand Herald: Inside Christchurch Hospital on the day of the mosque shootings. Available at https://www.nzherald.co.nz/nz/news/article. cfmc_id=1&objectid=12228072.
vii The worst-case thinking informing those plans goes that suspects might come to hospitals in the event of a public shooting to inflict further harm on victims. The public at large might also retaliate against injured perpetrators who’ve been taken to the hospital for treatment. The crisis itself also creates second-order business continuity challenges for hospital staff in the form of crowding. For instance, big crowds might rush to emergency rooms. This convergence of publics also exacerbates the challenge of treating other emergency patients who show up at the hospital in private cars and on foot, rather than in ambulances.
viii The Economist: Weather-related disasters are increasing. Available at https://www.economist.com/graphic-detail/2017/08/29/weather-relateddisasters-are-increasing.
ix Chris Morris, CNBC: Hurricane alert: 40 percent of small businesses never recover from a disaster. Available at https://www.cnbc.com/2017/09/16/hurricane-watch-40-percent-of-small-businesses-dont-reopen-after-a-disaster.html.