The Politics of Guns v.

The Reality of Risk Management: Are You Prepared?

(EMR007)

Armed & Dangerous Presenters:

• Danielle Goodgion; Director of Human Resources; Texas de Brazil

• Michael P. Lowry; Attorney; ThorndalArmstrong Delk Bakenbush & Eisinger

Learning ObjectivesAt the end of this session, you will:

• Understand potential risk management issues presented by firearms.

• Have knowledge of potential risk management strategies to address firearms.

• Have resources for employee training when encountering firearms in the work place.

• Need a drink.

At the end of this session, you will not:

• Qualify on a specific weapon.

• Shoot the presenters.

We Want to Avoid This…

Who’s the Shooter?

What Risks Do Firearms Pose?

• An employer must provide “employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 29 U.S.C. §654(a)(1) (2015).

What Risks Do Firearms Pose?

• Operations?

• Workers Compensation?

• General Liability?

• Reputational? • Sandy Hook

• Columbine

• Virginia Tech

• “going postal”

The Second Amendment

• Fact v. Fiction: The Second Amendment bars private businesses from banning guns.

• Fiction: Constitution applies to governments; not private business

Gut Reaction: Ban all Guns!

Recipe for Disaster?

Have you created a duty?

Why did you create this policy?

What are you doing to enforce this policy?

Did you train your employees to enforce this policy?

Is this policy is not enforced, a person might be injured by a firearm on your property?

What About Concealed Carry?

Bring Your Gun to Work Laws• Business may not bar person

who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.

• KY: employee may retrieve the firearm in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property.

• Employer liable for civil damages if it takes adverse employment action due to exercising this right.

Reputational Risk

Yay Guns?

Reputational Risk

Recipe for Disaster?Guests encouraged to carry their guns in the store?

Workers encouraged to carry their guns in the store?

Guns may accidentally discharge if not properly secured?

No policy required anyone to properly secure their guns?

No safety checks?

Assumed that because the customer or employee had a gun, they knew how to handle it properly?

No marksmanship test for employees?

Is There a Middle Ground?

• Create a policy?• Starbucks, Target, Kroger, Buffalo Wild Wings, etc.

• How is it done in Texas?

• Physical security?• Private security contractors?

• Metal detectors?

• TSA?

Is Your Workforce Prepared?

• Examples of Typical Workforce Training:

• Active Shooters are a rare, random, and unpredictable risk.

• However, training is rarely provided. Why?

Compliance Operations

Sexual Harassment Cyber Security

Diversity Fire

Document Retention Robbery & Theft

The Active Shooter:Why Train?

• Researchers from the Harvard School of Public Health and Northeastern University found the rate of mass shootings has tripled since 2011.

• 2014 FBI study considered 160 events between 2000 and 2013. 70% occurred in business or educational setting.

• 2000-2006: Annual average rate was 6.4 shootings

• 2007-2014: 16.4

The Active Shooter: Why Train?

• Places of business are a target. Especially retail, restaurant, and hospitality.

• Active shooter’s goal? Kill indiscriminately.

• How to accomplish that goal? Find easy or soft targets like large, open, public, crowded areas.

• Examples?

Active Shooter: Resources

• Law Enforcement

• Insurance partners

• Government

• Outside Experts

• Legal

• Human Resources

Active Shooter Online Resources

• Department of Homeland Security, Commercial Facilities Sector

• City of Houston: Run. Hide. Fight. Surviving an Active Shooter Event

• Los Angeles County Sheriff’s Department: Surviving an Active Shooter

You Survived! Questions?