Publications
Do I Need To Design And Implement A Security Plan?
Employers have a duty to exercise reasonable care in respect to the protection of employees against foreseeable risks. Obviously, if an employer has reason to believe that employees are endangered from, for instance, toxic chemicals in the work place, most employers would understand their obligation to take reasonable steps to address and minimize the prospect for harm.
But what about the harm from a terrorist attack? Or anthrax-laced mail? Are these foreseeable risks against which an employer must guard? Arguably, at least, September 11 made these events more than remote possibilities. What obligations do employers have to foresee to protect employees against such eventualities?
There is no clear answer. We raise the issue and suggest that the events of September 11 should serve as a spur for employers to create, at the least, basic evacuation and contingency plans for all sorts of reasonably foreseeable disasters, from hurricanes to fires. The key is always that you must take "reasonable" care to prevent harm but, inevitably, what is "reasonable" is determined by hindsight, long after the fact.
This is only the beginning. If you have other concerns or issues, please let us know and we will consider including them in the future issues of Avoiding Lawsuits that we plan to publish in the wake of the September 11 tragedy. In the interim, if we can be of any assistance in helping you navigate this new terrain, please call on us.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
