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Vapor Intrusion Update: Good Communication Strategies
Lisa A. FunderburgChief Environmental Health & Safety
Counsel, Energizer Holdings, Inc.
What are key strategies to help effectively manage a VI situation?
• Communication• Communication• Communication
Let’s look at an example:Manufacturing Facility
• Self audit Findings: Vapor Degreaser with questionable
secondary containment
Next Steps
• Sampling • Discovery of TCE and PCE-affected soil and
groundwater beneath floor slab • Findings communicated to State• Press release developed
• Conducted a multi-phase site investigation• Employee notifications made at each phase of
work
Vapor Intrusion becomes a Driver
• Investigation identifies impacts off site• State expresses concern about potential for vapor
intrusion into 12 neighboring residential properties
Off-Site Investigation
• Preparation begins for conducting off-site investigation – public roads, private properties – access agreements
• Communication efforts formalized• Senior Management• Communications Firm• Local officials• Media• Residents
What were the key steps in this process for the lawyers?
1. Issue a Record Hold Notice– What is it? – Purpose?
Key steps for Lawyers
2. Establish a Privilege Communication Plan
– What is it? – Why?– “Front page” test.
What are the elements of a Privilege Communication Plan?
• Need-to-know basis • Communicate verbally if possible
• Avoid note taking at meetings. • Don’t generate new documents if you can
avoid it. • Email communication regarding the situation
should be effectively and thoughtfully managed.
There’s no such thing as bad publicity – really?
(The only thing worse than being talked about is not being talked about.)
Oscar Wilde
Managing Communications: Fundamental Strategies
1. Facilitate proactive dialogue between your company and the community
2. Create tools for broad use in support of community communications
3. Establish communications framework to support strategy4. Position company as a good corporate citizen that acts
responsibly.
Rules to Keep In Mind to Optimize Communications:
• Don’t confess.• Don’t lie.• Don’t volunteer too much information. • Dragnet rule -- just the facts.
Tactics
• Door-to-door outreach to affected neighbors– By plant manager, HSE manager
• Regular communication with other audiences– e.g., State, local officials, media
• Media training– Scenarios, role-playing
• Communication tools arsenal– Update/refine as developments warrant
Results
• Good working relationships– State, local officials, media
• No major issues– Affected neighbors, property owners
• Minimal media coverage– Generally neutral/favorable
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