Workplace Catastrophes
An Employer's Guide to Workplace Violence, Terrorism, and Natural Disasters

Hurricanes, tornadoes, floods, fire, terrorism, pandemics, workplace violence … has your HR department done everything it can to prepare for a disaster, and to respond?

If and when a catastrophic event directly impacts your workplace, Human Resources will be expected to have a plan in place. Problem is, how can you plan without knowing the specific threat?

Now there’s a way to plan for the worst by incorporating all of the legal and logistical challenges that fall under your umbrella of responsibility. And it’s found in the all-new manual just for HR management, Workplace Catastrophes: An Employer’s Guide to Workplace Violence, Terrorism and Natural Disasters.

This manual contains the clear, must-have guidance you need to:
• Prepare a disaster recovery plan
• Spot the warning signs of impending workplace violence
• Keep your business running after different kinds of catastrophes
• Avoid hiring and firing mistakes that sparked lawsuits after 9/11
• Assign responsibilities for disaster recovery
• Manage employee safety concerns under OSHA
• Meet your responsibilities to employees in the armed services
• Limit company liability for the results of unforeseen events
• Get top management to take threats seriously
• Stamp out “backlash discrimination” in the aftermath of catastrophes
• Establish communication systems to connect your workforce in the event of a disaster
• Store and retrieve employee data after an event
• And much more!

Table of Contents

Employment-related Issues Confronting Employers Before and After Catastrophic Events
Worker adjustment and retraining notification (WARN Act) … COBRA and HIPAA deadlines … Documentation of prospective employees’ work authorization and identity … Unemployment benefits … OSHA considerations … Final paychecks for departing employees.

Employer Obligations and Employee Rights Under Federal and State Civil Rights Statutes, the Immigration Laws, ADA, FMLA and USERRA
Religious discrimination … Harassment: quid pro quo and hostile
environment … Disparate treatment … Failure to accommodate … Language, accent, and national origin discrimination … Immigration-related questions you should never ask … ADA restrictions on employer actions in the face of violence, terror and disasters … Pre- and post-offer ADA do’s and don’ts … “Direct threat” situations and employee threats of violence … Your obligations under USERRA.

Workers’ Comp Coverage When Violence or Terror Strikes Your Workplace
Workers’ comp as an exclusive remedy … Assaults and violence “arising out of” and “in the course of” employment … When workers’ comp doesn’t provide the exclusive remedy for workplace injuries … Independent claims of surviving relatives …off-hours assaults … Your duty as landowner or tenant to provide security … Third party exceptions … Labor unions … Franchisor liability … Contract security companies … Commercial landlords …
terrorism and workers’ comp … Negligence and its elements … Emotional and psychiatric injury.

When Your Security Needs Clash with Employee Privacy Rights
PATRIOT Act and Homeland Security Act impact on employer and employee
privacy rights … New employer obligations and rights … Good faith defense … State law protections … Fair Credit Reporting Act investigations of employee misconduct … Invasion of privacy claims … Searches and surveillance … Defamation, emotional distress and wrongful discharge claims … Employee Polygraph Protection Act … Privacy rights and claims of public sector employees … State legislative actions to curb employer
rights to control firearms at the workplace.

Minimizing Your Legal Exposure When Managing
Workplace Violence and Terror Threats
Policies, practices and steps to prevent violence and provide security … Pros and cons of “zero tolerance” policies … Management teams and “CMTs” … Restraining orders … Steps to avoid backlash discrimination … What can HR do about the hovering threat of terrorism … Emergency preparedness plans that incorporate terrorist attacks … Combat complacency at highest levels … Assess risks … Prepare to respond to chemical, biological and radiological threats … Noting suspicious employees and outsiders … Maintaining communications … Terrorism insurance.

Considerations, Steps, and Essential Ingredients of Pre-Disaster
Contingency Plans, Post-Disaster Recovery and Business Continuity Plans
Lessons learned … Planning for three phases of disaster … Essential
ingredients of all disaster planning … Gaining top management buy-in … Assigning responsibilities … Alternate work locations … Information inventories and electronic document retention … Equipment preservation and inventory … Insurance coverage … Implementing your plan … and more!