People have had concerns about indoor environmental quality (”IEQ”) and workplace-related illnesses for decades. However, in the 1980s and 1990s, the general public has become much more sensitive to these issues and much more demanding with respect to their indoor environment. At the same time, the indoor environmental quality in many buildings has declined due to the increased use of office products and building materials that emit air contaminants, the reduction of outside air ventilation for energy conservation and cutbacks in the amount of building maintenance owing to reduced budgets. As a result, building owners and employers have experienced a far greater number of claims and lawsuits related to indoor environmental quality and workplace-related illnesses.

Some attribute the increase in these claims to hypersensitive employees and extremist environmental groups who are pursuing claims with no basis in fact or science. Others believe that at least some of these claims result from poor maintenance of the indoor environment that can cause serious health problems. In either case, it is important for building owners and employers to pay close attention to indoor environmental quality to prevent workplace-related illness claims, whether real or imagined.

In recent years, lawsuits arising from IEQ problems have led to multimillion dollar judgments. In one case involving a Florida courthouse, the building owner sued the contractors and obtained a $26 million judgment to cover repairs to a brand new building. This judgment does not even cover the separate lawsuits of hundreds of employees which are still pending.

In this article, we will provide an overview of IEQ issues, discuss ways to identify workplace-related illnesses and review the primary sources of legal liability for IEQ-related claims. We will also discuss recent examples of toxic tort and premises liability litigation stemming from IEQ complaints and the lessons learned from these cases. We will then discuss what you need to do to avoid becoming a defendant in this type of litigation, including strategies to prevent IEQ problems and avoid or, if necessary, effectively prepare for IEQ litigation.

OVERVIEW OF IEQ ISSUES

Since the late 1970s, the general public, office workers and governmental agencies have become more aware of IEQ issues and related diseases. One of the key events was the discovery of Legionnaire’s disease in a hotel in Philadelphia in the mid-1970s. This bacteria, which can grow in poorly-maintained building heating, ventilation and air conditioning (”HVAC”) systems, often proves to be fatal. The public’s concerns about indoor environmental quality also grew as the country developed more and more environmental laws generally.

Today, IEQ issues arise from a vast range of potential indoor air and environmental contaminants, including environmental tobacco smoke, carbon dioxide and carbon monoxide levels that can build up in poorly ventilated buildings, bacteria and mold that can grow in damp building materials, off-gassing of chemicals from carpets and adhesives, fumes from construction, maintenance and cleaning chemicals, asbestos in building materials and lead in paint or drinking water.

Take Note! In 1996, EPA issued regulations requiring owners of homes built before 1978 to warn prospective purchasers and tenants of any lead-based paint hazards in the home. Although these regulations apply only to residential dwellings, they are making the public more aware of lead exposure hazards, both at home and in the workplace.

Another IEQ concern that has developed in recent years is the effect of exposure to electromagnetic fields (”EMFs”). EMFs are produced by power lines, electrical wiring and electrical equipment, e.g., computers and transformers. Since 1982, a number of studies have reported higher than expected numbers of leukemia cases among “electrical” workers and people who live near high tension power lines. However, these studies are plagued by puzzling inconsistencies and questionable methodology. For example, one study of welders showed no increase in leukemia, yet welders have some of the highest EMF exposures of any type of worker. Recently, reports from three major studies of electrical workers indicated no strong, consistent evidence of an association between EMFs and leukemia. Most reviews conclude that existing evidence does not prove that EMFs cause cancer. Despite this evidence, many industrial employees and even office workers who work with computers or near transformers still have significant concerns and fears about EMF exposures.

Although some types of IEQ exposures have questionable health effects, there is no question that there is a strong correlation between good indoor environmental quality and the health and productivity of workers. IEQ problems are estimated to cost American businesses $10 to $15 billion annually as a result of lowered productivity, absenteeism, medical costs and workers’ compensation claims. The United States Environmental Protection Agency (EPA) has stated that indoor air quality is one of the five most significant environmental threats to human health, more important than outdoor air pollution. The reason for this is that indoor air pollution is often 5 times higher and can be 100 times higher than outdoor air pollution.

Take Note! Recent surveys indicate that 24% of office workers are dissatisfied with the quality of the indoor air in their workplaces.

In light of the real costs of some IEQ problems and the perceived health threats of others, it is important for building owners and employers to be able to effectively address IEQ issues. However, this can be a great challenge because it is often difficult to identify and recognize IEQ-related illnesses.

IDENTIFYING IEQ-RELATED ILLNESSES

Some diseases and illnesses that result from indoor environmental quality are easily diagnosed and identified. In these instances, handling the medical, legal and building maintenance or repair issues arising from the illnesses can be relatively straightforward and non-controversial. However, many IEQ-related illnesses are much more difficult to identify and diagnose. These types of diseases are highly controversial and pose exceedingly difficult issues for building owners, employers and employees alike.

The primary IEQ-related illnesses are placed into the following three categories:

Building-Related Illnesses

These are clinically diagnosable illnesses where there is a clear and direct link between the illness and an identifiable building source. Generally, these diseases are less controversial, easier to identify and pose more straightforward building maintenance and repair issues. These diseases include:

. Legionnaire’s Disease: a severe multisystemic illness caused by Legionella pneumophilia bacteria that can affect the lungs, gastrointestinal tract, central nervous system, and kidneys. Legionnaire’s Disease continues to be a very serious problem with more than 60 new cases identified in the United States every day.

. Hypersensitivity diseases: diseases characterized by allergic responses to antigens. These diseases associated with IEQ are hypersensitivity pneumonitis, allergic asthma, allergic rhinitis, and allergic aspergillosis. Allergic asthma and allergic rhinitis occur only in genetically predisposed individuals, typically after years of exposure to low levels of antigen.

. Humidifier fever: a form of pneumonitis associated with allergic reaction of the lungs to microbes found in humidifier reservoirs, air conditioners, and air cooling equipment. This disease produces flu-like symptoms similar to hypersensitivity pneu-monitis, but does not cause long-term lung damage.

Sick Building Syndrome (”SBS”)

SBS is a phenomenon where a significant number of building occupants experience a variety of health and/or comfort effects linked to time spent in a particular building, but where no specific illness or causative agent can be identified. Symptoms in sufferers often include headache, eye irritation, and respiratory irritation.

Multiple Chemical Sensitivity (”MCS”)

MCS is a term applied to individuals complaining of recurrent episodes of generally nonspecific symptoms associated with multiple organ systems, attributable to environmental chemical exposures. Generally, those with MCS claim that they are ill due to chronic low level exposures to environmental toxins or to a high level exposure for a short duration. The primary suspected agents for causing MCS are pesticides, solvents, resins, and formaldehyde. Once an individual has MCS, they typically claim that their exposures have caused them to become ultra-sensitive to very low levels of environmental toxins and even non-toxic substances, such as deodorant soap. This condition is controversial in the medical community because its cause is not well documented or understood.

In addition to these standard categories of IEQ-related illnesses, employees may also complain of other diseases or illnesses, for example, cancer, that they claim are a result of indoor environmental conditions, including exposure to asbestos, lead or EMFs. Asbestos-related diseases have been recognized for a number of years and have led to ruinous litigation against building materials manufacturers and insurers. Oftentimes, asbestos litigants will attempt to bring claims against building owners, especially when the building materials manufacturers are bankrupt. Lead exposure issues have been gaining more prominence recently as people have become more aware of the health effects of lead exposure. In commercial buildings, lead exposures are mostly related to lead in drinking water as a result of lead in faucets and exposure to lead in paint as a result of construction activities. Sometimes, several building occupants experience unusual or severe health problems, e.g., cancer, over a relatively short period. EMFs or other IEQ-related conditions can be blamed for these clusters of health problems, and can produce tremendous anxiety among building occupants.

As noted above, recognizing IEQ-related illnesses can be extremely difficult. Building occupants may experience IEQ problems as discomfort, irritation, or illness. Rather than clearly defined illnesses, the effects of poor IEQ are often nonspecific symptoms, such as headaches, dizziness, mucous membrane irritation, nausea and sinus congestion.

In many cases only a minority of the building occupants will be affected by IEQ problems. Building occupants who are allergic, have preexisting respiratory or cardiovascular conditions, e.g., asthma, have suppressed immune systems, e.g., people on chemotherapy, or wear contact lenses are particularly susceptible to the effects of indoor air contaminants.

Many building-related complaints are based on discomfort. This includes temperature and humidity related issues, as well as odor complaints. Environmental stressors, such as improper lighting, noise, vibration, overcrowding, ergonomic stressors, and job-related psychosocial problems, can also produce symptoms that are similar to those associated with poor air quality.

The difficulty in recognizing IEQ-related illnesses has been emphasized by a recent study by Cornell University researchers. These researchers conclude that many IEQ-related illnesses are not simply environmentally-induced disorders that arise as a consequence of exposure to air pollutants. Instead, personal, psychological and occupational variables may be of considerable importance in these illnesses. The study indicates that over 76 percent of workers in air-conditioned buildings with acceptable indoor air quality report at least one work-related illness per month.

Despite the difficulty in recognizing many IEQ-related illnesses and linking the illness to an identifiable building source, there can be significant legal liabilities associated with IEQ claims.

SOURCES OF LEGAL LIABILITY

Building owners and employers face legal liabilities for IEQ claims from a variety of sources, including common law negligence, California’s Proposition 65, governmental regulations, contractual and warranty claims based upon lease obligations and landlord-tenant laws, workers’ compensation laws and federal and state disability laws.

One of the most important sources of liability is negligence. Generally, building owners and managers have a common law duty to maintain property under their control in a reasonably safe condition for use by tenants and others lawfully on the premises. If they fail to do so, injured parties can bring both personal injury and property damage claims.

One of the most difficult aspects of IEQ claims is determining whether the building is the cause of the illness. Given the controversy over some IEQ-related illnesses and their similarity to other common diseases, even the medical experts often cannot make a certain diagnosis. This makes proving and defending claims exceedingly difficult.

The duty to maintain a safe building encompasses a number of obligations. Architects and engineers have an obligation to design and contractors have an obligation to build a building that will deliver a safe air supply and use building materials that will not endanger the health of the occupants. Building owners have an obligation to select properly trained and competent architects, engineers and contractors. Building owners and maintenance contractors also have an obligation to properly maintain heating, ventilation and air conditioning systems and other building materials to ensure a safe building environment. Furthermore, building owners and managers are required to monitor tenant activities to ensure that tenants do not engage in any activities that could endanger the health of other tenants or visitors to the building.

One of the primary issues in negligence claims is the applicable standard of care. In order for a plaintiff to bring a successful negligence claim for an IEQ-related illness, the plaintiff must show that the building owner or manager breached the applicable standard of care. However, it is often difficult to determine the appropriate standard of care.

Generally, the building owner or manager must ensure a safe environment and acceptable indoor air quality. However, it is very difficult to determine what is a “safe” environment or “acceptable” air quality. The United States Occupational Safety and Health Administration (”OSHA”) has issued permissible exposure levels (”PELs”) for a number of air contaminants. However, these levels are rarely reached in office buildings, even those where a substantial number of building occupants complain of IEQ-related illnesses. Accordingly, they are not very useful in determining what is a safe environment or acceptable air quality, and, thus, are not very useful in setting the appropriate standard of care.

Apart from the OSHA PELs, there are very few governmental regulations that apply to indoor environmental quality. In 1994, OSHA proposed a standard that would have regulated indoor air quality. However, in the face of staunch opposition from a number of interest groups, controversy surrounding the medical and scientific assumptions and serious questions about the benefits of the standard, OSHA was forced to suspend development of the standard.

If adopted, the OSHA Indoor Air Quality (”IAQ”) Standard would have required building owners to, among other things, do the following:

· Develop a written IAQ program

· Designate a responsible person for IAQ compliance

· Adequately maintain HVAC systems

· Conduct IAQ inspections

· Provide IAQ training to maintenance workers

· Control tobacco smoke, chemicals and microbial contamination

· Maintain records of inspections, maintenance and employee complaints

In the absence of governmental regulations, the most significant development in terms of setting the appropriate standard of care for indoor environmental quality is the Draft Ventilation for Acceptable Indoor Air Quality proposed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (”ASHRAE”). Although ASHRAE standards do not have the force of law, they do establish an industry standard of care for architects, engineers, building owners and managers. It is possible that the ASHRAE standard will become a key standard by which the actions of building owners, managers and maintenance engineers will be judged.

In California, building owners, managers and employers must also be aware of the requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 (”Proposition 65″). Under this law, employers must warn employees and visitors of any chemicals used in the workplace that are known to the State of California to cause cancer or to be a reproductive toxin. Failure to provide such warnings could subject the building owner or employer to civil and criminal penalties.

Building owners and tenants often have IEQ-related responsibilities as a result of warranty and other provisions in their leases. Even without specific lease terms, there are obligations under state landlord-tenant laws pertaining to constructive eviction that can be triggered by IEQ problems. Building owners and employers must also be aware of additional obligations stemming from workers’ compensation laws and federal and state disability laws.

Between landlords and tenants, the representations, warranties and duties set forth in the lease will often be the main recourse for both parties attempting to resolve an IEQ problem. Among other things, leases typically require building owners to properly maintain the HVAC systems and restrict the use of hazardous substances by tenants. Both building owners and tenants should thoroughly review their leases to ensure that they contain adequate IEQ protections.

RECENT IEQ CASES

Over the past few years, there have been a number of lawsuits stemming from IEQ problems. Many of these lawsuits have led to multimillion dollar judgments against defendants, including building owners, architects, engineers and contractors.

EPA Headquarters

One of the most ironic IEQ lawsuits involves the EPA headquarters in Washington, D.C. In 1987, the EPA headquarters was renovated and, soon thereafter, was reoccupied by EPA employees. Almost immediately, a number of employees began to complain about persistent coughs, scratchy throats, migraine headaches, sinus infections, sick building syndrome and multiple chemical sensitivity. These employees claimed that their illnesses resulted from exposure to solvents, paint, adhesives, fumes from newly installed carpeting and secondhand smoke. They argued that the building owners and managers were negligent because they failed to provide adequate ventilation and scheduled renovation work near occupied offices.

On the basis of these complaints, the plaintiffs received jury verdicts in the hundreds of thousands of dollars. Some of these verdicts were eventually overturned by the trial judge on the basis of inconsistent evidence. However, those verdicts related to claims of physical injury were allowed to stand.

Polk County, Florida Courthouse

In this case, a new $37 million courthouse was constructed in Polk County, Florida. When county workers began to work in the courthouse, they complained of respiratory illnesses caused by exposure to molds and mildew growing in the building’s HVAC system. Eventually, over 200 employees brought workers’ compensation claims and the building had to be evacuated. As a result, the county sued the contractors and their insurers and obtained a $26 million dollar judgment to cover the cost of repairs to the building and relocation expenses. Hundreds of lawsuits by the county employees against the contractor are still pending.

DuPage County, Illinois Courthouse

In another major courthouse case, a new $53 million courthouse was constructed in DuPage County, Illinois in 1991. After the building was occupied, courthouse employees complained of general respiratory illnesses and sick building syndrome. Twenty employees were eventually hospitalized and the building was evacuated in September 1992.

The building owners in this case sued the architects and contractors to recover the $3.4 million in repair costs for the building’s ventilation system. However, the building owners lost the suit because the defendants were able to show that the illnesses were caused by poor maintenance of the ventilation system, a responsibility of the building owner.

San Joaquin County District Attorney’s Office

In 1989 and 1990, the District Attorney’s Office in San Joaquin County, California, was renovated with new carpet and paint. After workers moved into the space in February of 1990, some began to complain that the HVAC system was not working properly and that there was significant off-gassing of chemicals from the new carpet which was exacerbated by the malfunctioning HVAC system. In May of 1990, 14 clerical workers were removed from the office on doctors’ orders. These workers then sued the building owners claiming multiple chemical sensitivity, headaches, memory loss and eye irritation. The plaintiffs obtained judgments ranging from $15,000 to $900,000 per plaintiff. The case is currently on appeal.

These cases clearly show that the costs of poor indoor environmental quality can be extremely high, not even counting business interruption or employee morale costs. Accordingly, it is important that building owners, managers and employers act diligently and aggressively to both prevent IEQ problems and to respond to IEQ complaints when they arise.

HIRING PROFESSIONAL ASSISTANCE

In some instances, IEQ complaints can be relatively straightforward and easily remedied by building engineers and employers, i.e., complaints related to temperature and ventilation. However, other IEQ problems can be exceedingly complex to identify and resolve. In these instances, building owners, managers, and employers should seek the assistance of a competent, qualified IEQ consultant to investigate, diagnose, and remedy IEQ issues.

Several criteria should be applied when selecting a consultant, including expertise, communication skills, investigative approach, cost, and reputation. Competent professionals will:

· Ask probing questions

· Clearly articulate a phased approach to investigating the IEQ problem

· Emphasize observations and communication rather than broad-based measurements

· Be experienced in identifying and resolving IEQ issues

· Provide a well written proposal discussing objectives, methodology, data collection, and criteria for decision making about additional information gathering.

INVESTIGATING AND RESOLVING IEQ PROBLEMS

An IEQ investigation begins with one or more reasons for concern, such as occupant complaints. Some complaints can be resolved with a minimum of effort by asking a few common sense questions. However, some problems could require a detailed evaluation by an IEQ professional. The IEQ investigation consists of information gathering, hypothesis formation, and hypo-thesis testing.

The components of an IEQ investigation typically include the following:

Occupant Interviews

Valuable information about IEQ problems can be obtained by listening to occupants regarding their complaints, symptoms and perceptions of the building. This information can be used to identify spatial and temporal patterns, suggest directions for further investigation, and indicate potential measures to reduce or eliminate the problem. Interviews should be conducted with both affected and unaffected occupants. In this way, conditions in the affected area can be compared to conditions in similar building locations where there have been no complaints.

Ventilation System Evaluation

IEQ complaints often arise because the quantity or distribution of outdoor air is not adequate to serve the ventilation needs of the building occupants. Problems may also be traced to air distribution systems that are introducing outdoor air contaminants or transporting pollutants within the building. Therefore, the evaluation should include an investigation of the location of the outdoor air intakes in relation to potential pollutant sources, system cleanliness, air distribution patterns, exhaust system, quantity and adequacy of outside air and controls for the outside air supply.

Chemical and Microbiological Evaluation

Air sampling for specific pollutants is most effective as an investigative tool when the information obtained during occupant interviews and the ventilation system evaluation strongly suggest that a chemical or biological agent may be the cause of the complaint. Sampling should be conducted in the area where complaints have been registered, outdoors, and in an indoor control location, i.e., a complaint-free area of the building. Chemicals measured typically include carbon monoxide, carbon dioxide, formaldehyde, and total volatile organic compounds. Other compounds, like hydrogen sulfide, may be measured when there are specific reasons to suspect that these contaminants may be present. Microbiological air sampling programs will frequently include viable (living) spores, non-viable (dead) spores, and bacteria.

Comfort Evaluation

As previously stated, many IEQ problems are related to occupant comfort. Temperature and humidity levels are important indicators of ventilation system effectiveness and occupant load. Measurements should be made frequently by building maintenance personnel, and are an integral part of any IEQ investigation.

Taking a phased diagnostic approach to investigating IEQ issues will increase the likelihood of successfully identifying the source of occupant complaints. Effectively resolving IEQ issues is dependent on responding quickly to occupant complaints, seeking competent professional assistance where necessary and implementing mitigation measures on a timely basis.

PREVENTING IEQ PROBLEMS

Preventing IEQ problems begins with proper building design. The building’s original intended function should be reviewed in light of current use. Appropriate modifications to the building’s ventilation system should have been performed to accommodate any changes in building function. The ventilation system should be functioning according to specifications.

Managing a building for good IEQ involves reviewing and amending current practices to achieve the following:

· Proper operation and maintenance of ventilation system equipment

· Periodic monitoring of staff, tenants, contractors and other building occupants who may have an impact on IEQ

· Maintaining communications with occupants so that management will be informed of complaints about IEQ in a timely way

· Educating staff, occupants and contractors about their responsibilities in maintaining adequate IEQ

· Identification of those planned projects that could affect IEQ and management of these projects so that good IEQ is maintained

· Maintenance of building ventilation systems in accordance with the ASHRAE standard on Ventilation for Acceptable Indoor Air Quality

Finally, developing a written IEQ management plan will assist those responsible for building maintenance in systematizing and fully incorporating IEQ considerations into routine procedures. Building owners and employers have numerous options in the precise manner in which they assign responsibility for operations, recordkeeping, purchasing, communications, planning, and policy-making. However, each of these elements is a critical component of an effective IEQ management plan.

STRATEGIES FOR AVOIDING AND HANDLING LITIGATION

Despite a building owner or employer’s best efforts, sometimes it is impossible to avoid IEQ complaints. To prevent litigation as a result of these complaints or to prepare for litigation if it cannot be avoided, building owners and employers should promptly undertake to assess and respond to complaints and develop systems for creating and maintaining necessary documentation.

A key element to avoiding IEQ litigation is to quickly and thoroughly investigate all IEQ complaints. By doing so, the building owner or employer may be able to resolve the complaint before anyone feels the need to pursue litigation. If litigation is inevitable, the information obtained in this early investigation can be critical in defending the litigation.

Building owners and employers must also ensure that they have systems in place for documenting IEQ maintenance and inspections, IEQ complaints and all efforts to resolve IEQ problems. These documents should include written reports of the efforts to monitor contractors and tenants to ensure that they do not introduce IEQ contaminants into the building. Furthermore, it is important that original design drawings for the building, construction documents and as-built drawings be maintained for the life of the building.

If a tenant learns that their employees or visitors are complaining of IEQ problems, the tenant must be sure to notify, in writing, the building owner or manager as soon as feasible. This not only gives the person responsible for building maintenance an opportunity to resolve the issue before it leads to a claim, it also puts the building owner or manager on notice of the problem. This will make it much easier to prove a negligence claim later on if the building owner or manager fails to correct the problem in a timely manner.

Building owners and employers must also be prepared to notify certain other third parties in order to protect their legal rights. If the building owner or manager receives an IEQ complaint that they believe could lead to litigation, then they must be sure to file a claim with their insurer as soon as possible. This will not only preserve the claim for insurance purposes, it will also trigger the insurer’s duty to defend the owner or manager in a lawsuit.

Employers who receive complaints from their employees about IEQ prob

Disaster Survival Planning Network

Living in Southern California means always being prepared for “The Big One”. At home, school, or work, you and your family should have a plan. Know what each of you will do, and how you will be reunited. Establish an out-of-area contact who can be called to relay information. Have each family member carry the contact number with them. Select a safe alternate meeting place in the event your home is unsafe or inaccessible.

For parents…

* Know what plans the school has made to care for your children afterwards if you are delayed.

* If you work a great distance from your child’s school, designate in advance someone else who is authorized to pick them up if you cannot get there. Let the school know who your designated person is.

* Supply your out-of-area contact information to the school in advance.

* Prepare a mini-earthquake kit for your child to take to school. Remember to include a picture of your family and pets, and a short, loving note. These items will comfort your child until you arrive.

At home…

* Store $100 to $200 in $1, $5, $10, and $20 bills for ready cash if ATMs are not functioning.

* Pack emergency food, water, radio, batteries, medicines, and first-aid supplies close to the exit or where they can be easily accessible if you must evacuate.

* At least every six months take an inventory of your supplies to make sure none have been used for other purposes.

* Replace water and emergency food regularly to ensure they will be fresh when needed.

* Keep a wrench by your gas shutoff, and make sure everyone knows how to turn off all your utilities.

* Have a flashlight secured to your nightstand and a pair of sturdy shoes under the bed to protect your feet from broken objects.

At work…

* Know where the closest emergency exits and stairwells are, as well as emergency supplies and first aid kits.

* Identify safe areas in your immediate work area where you can duck for protection.

* Keep an extra pair of glasses and necessary medication along with comfortable shoes in your desk.

Being prepared wherever you are is important. If you use your car for frequent travel, pack basic supplies such as water, flashlight, walking shoes, first aid kit and blanket. Always keep your gas tank at least 1/4 full.

Plan Today….Survive Tomorrow!(tm)

Disaster Survival Planning Network

How effective is the hazard reduction program in your organization? Most groups discover that they haven’t maintained their program after the latest earthquake. Then everyone scrambles to order more securing devices that may or may not actually get installed, depending on the amount of time that lapses between the last shaker, the funding request, and the maintenance crew’s workload.

How can you break this cycle? Make your hazard reduction program a part of your ongoing Injury and Illness Prevention Program. In California, all organizations are required by law to establish and maintain periodic safety hazard checklists of the work environment. Why not incorporate your earthquake hazards checklist into this program? Below are seven easy steps your organization can do to create an effective ongoing hazards reduction program.

Step 1. Form a task force of key personnel from each group in your organization to identify the hazards in their own environment. Non-structural earthquake hazards checklists are available through FEMA or your state Office of Emergency Services. Encourage two or three people survey an area together; it’s easier to spot hazards and discuss their implications.

Step 2. Engage the services of a safety fastening company to assist in determining the proper fastening products for your hazards. (Some companies will even perform step 1 for you for a modest fee.)

Step 3. Prepare a project proposal that addresses all restraints that are considered necessary for business resumption. Safety fastening firms will work with you to provide a cost estimate for the proper restraining devices.

Step 4. Obtain approval and funding for the project, picking a realistic timeframe for purchasing the devices, designing unique restraints, and implementing the program. Budget limitations may require you to design a program over more than one year, depending on the size of your organization.

Step 5. Pick one organization to be responsible for overseeing the installation of the restraining devices and coordinating the project with all other groups.

Step 6. Develop an ongoing program to ensure restraint devices are checked regularly. Incorporate this program into ongoing safety reviews and safety committee activities required by law in your Injury and Illness Protection Program. (Most organizations require quarterly safety reviews.)

Step 7. If safety reviews are not already a part of your organization’s performance objectives, build them in. Make earthquake safety a high priority for your group.

Remember, the life you save may be your own!

Disaster Survival Planning Network

In today’s business environment, communications and information technology equipment transcend all organizational boundaries. Plans to restore both need to be an integral part of every organization’s business recovery plans. Some businesses believe they cannot afford the time to create recovery plans, then find out later that they cannot continue to operate when disaster does strike. Take the time now to build an effective communications plan.

Step 1: Inventory Existing Communications

Begin by taking an inventory of all existing communications at each location, as well as all facilities that link multiple locations together. If the information is extensive, record it in a database that can be easily updated, listing telephone or identification numbers and locations. Prepare a summary of the quantities of each type of service currently in use. It should include all centrex or PBX stations, single line business phones, datafax, essential service lines, foreign exchange lines, public telephones, cellular, radio, and faxes.

Record what facilities are used to connect all locations. Identify the quantity and type such as copper, fiber, microwave, or other transport elements.

Step 2: Determine Vulnerabilities

Every business is susceptible to communications failures. Identifying what those vulnerabilities are before they can affect service and reducing or eliminating them should be a significant part of the planning process. There are four major areas to check.

Structural – Evaluate how structurally sound the building is which houses the communications equipment. Look for known hazards that could damage the equipment such as water pipes located directly over critical equipment. Check if there are any air-conditioning units mounted on the roof. If so, make sure they are secured. If earthquakes are a major concern, obtain a seismic evaluation of the building to determine its likelihood to withstand damage. If there is a cable vault, check to make sure it is clearly identified, and the right people know how to gain access to it if necessary.

Evaluate all the buildings in the immediate area. If they are owned by other businesses, determine how their damage might affect your business. If there is a potential risk, check with them to find out what their recovery plans are. Of particular concern in today’s environment are businesses that store large quantities of hazardous materials. They have the potential of disrupting businesses in the surrounding area if a spill occurs.

Equipment – If the communications equipment is sitting on a raised floor, make sure both the floor and the equipment are braced. Examine the cabinets, consoles, terminals and power equipment to make sure all are properly secured. Survey the area surrounding the equipment to make sure non-structural hazards such as bookcases and filing cabinets will not topple onto the equipment, causing damage.

Some people like to use the telephone closet as a place to store boxes of old records, creating potential fire hazards. Others use it as a convenient place to sneak a quick cigarette. Both situations are a disaster waiting to happen.

Lack of adequate back-up power has proven be the true Achilles’ heel of disaster plans. Time and again businesses discover what should have been on uninterrupted power supply (UPS) too late. Horror stories abound of total departments that could not resume their functions because they were missing this vital resource.

Thoroughly test the UPS. Determine what is hooked up to it, and how long the batteries will last. If emergency generators are installed, check how often are they tested, what they are hooked up to, and how long they will operate before additional fuel is needed. Test emergency generators at least monthly with a full load to ensure their continued operation at the time of an emergency. If the fuel line depends on an electric pump, make sure it is hooked up to the proper source.

If the communications equipment requires temperature control or water cooling, check how the heating, air conditioning, or water supply system operates, and whether it is connected to emergency power.

Facilities and the Network -Determine how many different routes the facilities take to get from one location to another. Make sure there is more than one transport path for critical voice and data links. If the business is served by an on-site PBX system, check to see what capability it has to reroute calls to other locations. Equally important is the ability to remotely access and reprogram the communications so that calls can be terminated elsewhere if one location is damaged or inaccessible.

Both the hardware and software elements of communications equipment have vulnerabilities. Applications, operating systems, emulation and protocol conversion software, network diagnostics and network management software as well as network attributes and routing tables should all be backed-up regularly and stored off-site.

Step 3: Maps

Draw a map of each location plotting where the manholes, feeder routes, cable vault, distributing frames or terminals, operator consoles, and PBX equipment are located. Identify on the map the quantity of foreign exchange (FEX) lines, direct inward dial (DID) trunks, data lines, PBX terminations, and tie lines. Differentiate what terminates on equipment at that location versus what is provided by the local telephone company central office or other vendor. Plot where all essential service lines, public telephones, and any other vital communications equipment is located.

Indicate what equipment has back-up power, and how long it should last. If the business will be relying on suppliers to augment fuel levels, list who they are and how they can be reached. If only some electrical outlets are equipped with uninterrupted power supply (UPS), make sure they are labeled.

Step 4: Identify Critical Communications Needs

Every group within the organization will have different requirements to transmit and receive information following a disaster. Top executives will be making critical business recovery decisions while employees are trying reach their families. Plan for all of these needs by picking the right alternatives for each to use.

First determine who will be responsible for ensuring that communications will function properly after a crisis. Next, decide who will coordinate the overall business resumption planning, and form an interdepartmental committee with representatives from all key groups.

Have representatives identify what their own organization will need to communicate during the disaster. Have them prioritize each of their critical functions so that they identify in advance when they will need what. Make sure they consider any additional requirements if a disaster occurs after-hours and people must be contacted to report to work in advance of their normal shift.

Using the communications inventories determine what existing equipment can be used to meet each group’s needs. At this point consideration should be given to the kinds of disasters anticipated. If an unexpected event or a single location crisis occurs, chances are the public telephone network will not be congested, allowing normal communications to be used. However, if it is a regional disaster, communications that are not dependent on the public telephone network may need to be activated. Care should be taken in picking alternatives, recognizing that no single solution will be completely free of vulnerabilities.

Many businesses plan to use radios. It is important to identify how many people will be using each frequency. Also, radio transmission is a slower way of communicating information, so the volume of information to be passed should be closely evaluated. Consider using fax machines or e-mail to transmit damage information instead of conveying everything via voice. If cellular phones are to be used, be aware that cellular calls are on a separate network only when completing cellular to cellular calls within the immediate area. As soon as cellular phones are used to call to normal telephones, they are transiting the public telephone network, which may be congested due to overloaded conditions. If security of communications is an issue, both radio and cellular transmissions may be subject to interception by outside parties.

Alternate transport routes can also be used such as satellite and microwave services. In the case of satellites, it is important to identify in advance which circuits are on the satellite. For microwave, check with the vendor to find out how quickly they will be able to respond if antennae shift out of adjustment. With both alternatives, check ahead for other users on the same system, making sure there will be enough capacity to handle all requirements. In many cases, alternate communications may not be immediately available, but they can be relied on a few hours after the event. It is better to know that in the planning stages so other arrangements can be made.

Step 5: Request Additional Funding

After evaluating the needs of all groups, identify if there will be any shortage or mismatch of equipment, and develop the best solutions. Remember that following a disaster there will be immediate requirements for communications equipment to perform functions such as rescue and damage assessment. As time progresses and those needs are met, that equipment can be redeployed for other uses. Careful allocation of equipment based on time of need can reduce the amount of equipment required.

If funding is required, submit a budget request clearly stating what both the costs and the benefits will be. Make sure the equipment actually gets installed and is tested regularly so it will be ready for use.

Step 6: Document the Plans

Assemble all of the communications information into a concise, easy-to-use format. Include information for each location depicting exactly which communications groups will be using. For example, emergency response team members may be strategically positioned with radios near first aid and triage areas. Security may use a separate frequency on the same radio system, and all response personnel may have a mutual frequency to relay information to an emergency operations center. Identify who will be on which channels, and where they will be located.

In the case of departments and key executives, each plan should identify which communications they will be using.

Step 7: Prepare Checklists

Determine which communications equipment will need to be tested for damage immediately following the disaster. Prepare a checklist that is easy to follow spelling out precisely what tests are to be performed. Have someone totally unfamiliar with the equipment walk through the instructions on the checklist to make sure it is correctly written. Appoint an alternate for back-up, and train the alternate on all tests. If vendors are required to perform the diagnostics, contact them in advance to discuss how quickly they will be able to respond.

Step 8: Perform Periodic Tests

Schedule regular exercises that will incorporate all communications plans. Pay particular attention to what may need to be changed because information flows become congested or ineffective. Revise your plans after each test. Regularly review all of the information to update personnel moves and other changes that occur.

Judy Bell, CEM, is the author of the book “Disaster Survival Planning: A Practical Guide for Businesses”, international speaker and president of Disaster Survival Planning, Inc.

Disaster Survival Planning Network

PROCEEDINGS: 1993 NATIONAL EARTHQUAKE CONFERENCE; Earthquake Hazard Reduction in the Central and Eastern United States: A Time for Examination and Action. May 2-5, 1993, Volume 1, pp. 339-348

ABSTRACT

Experience has taught us after every major earthquake that the public telephone network will be congested. Both the increased volumes caused by people attempting to reach their loved ones and controls which the local telephone companies and interexchange carriers must activate to protect the network will decrease everyone’s chances of getting their calls through.

Every organization, whether it is a public agency, business, volunteer organization, or educational institution, must identify in advance who needs to communicate with whom. They must develop alternate forms of communicating other than the normal telephone network.

This paper explores how to determine who needs to set up special communications, and how each organization can determine whether the alternatives they are planning to use will be affected by congestion on the public telephone network. It will identify both strengths and weaknesses of each type of communications.

PAST EXPERIENCES

The telephone network, just like our freeway systems, is constructed based on projected normal usage. Actual data is collected daily to determine the busiest hour of the day, and from that information the engineers design the capacity of the switches and telephone network. Generally, customer calling patterns indicate that no more than 10% of the customers in a local area will use their telephone at the same time.

When disaster strikes, regardless of media warnings to use the telephone only if it is an emergency, many people immediately pick it up to call their loved ones. The calling volumes escalate exponentially, causing the switching equipment and trunking facilities to quickly become overloaded. In today’s electronic environment, the telephone switches are giant computers, which react to overloaded conditions by placing customer calling requests in queues. As more and more customers try to use their telephones, the switches eliminate all peripheral activities in an attempt to process as many calls as possible.

Following the October 1, 1987 Whittier, California, earthquake, call volumes exceeded all previous loads on the telephone network. During the first two hours, call volumes ranged as high as five times the normal business day load. Mothers’ Day is traditionally the highest calling day of the year, yet calls that day surpassed the highest Mothers’ Day loads previously recorded. Similar congestion occurred following the Loma Prieta earthquake two years later.

Local telephone companies and the interexchange carriers immediately place commands in the network to open up the affected area so that people within the disaster region can call out. By blocking incoming calls and using those same routes to allow people within the area to complete outgoing calls, congestion levels can be reduced more quickly. Studies performed by the Bell System prior to divestiture indicated that for every call that can be completed from within the affected area, it would prevent ten more calls from outside the area from attempting to call in.

Other factors can also inadvertently cause congestion in the telephone network. An amateur radio operator in the San Fernando Valley of California was one of the first people to get through to Northern California in the first few minutes following the Whittier earthquake. He called a radio station in Northern California and informed them that a major earthquake had just occurred in the San Fernando Valley. This was the site of the devastating 1971 earthquake. The result was that everyone who had friends or loved ones in that area of Los Angeles attempted to call as well. The actual epicenter was centered more than 35 miles from that area, but because this incorrect information was broadcast, the telephone network was impacted in both areas. This additional congestion lasted for at least four hours following the event, as people continually made call attempts to reassure themselves that their loved ones were not affected.

Another phenomenon that is unique to earthquakes is aftershocks. Even those who heed the public warnings to remain off the telephones initially soon become conditioned to immediately call following every aftershock. Telephone network congestion can continue to peak for days and weeks following an earthquake depending on the number of large aftershocks.

In earthquake-prone areas, the telephone companies protect their equipment from damage by installing overhead bracing as well as bolting the equipment to the floor. They install both batteries and back-up generators to guarantee uninterrupted power sources. Manufacturers are required to build the equipment to withstand an 8.0 magnitude earthquake, which is tested on shaker tables. These preventative measures have proven extremely effective in reducing actual damage to the network. Following the Loma Prieta earthquake, not a single central office was lost due to damaged equipment. Yet even without physical damage, the network becomes undependable due to the elements of congestion mentioned above.

EXPLORING THE ALTERNATIVES

It is important to understand what alternatives can be used, and how to best use them. The most important element of using alternatives is identifying in advance what will be available. Many people do not understand how the different types of communications are affected by congestion on the public network, which can cause them to fail to use these resources, or pick the wrong ones. This section will explore all forms of communications that are generally thought to be alternatives, and will discuss the strengths and weaknesses of each.

Essential Service

This service is used primarily for police, fire, and other emergency agencies. However, it is not an alternative to the public telephone network. Essential service is a designation of the telephone user’s line equipment in the local central office that provides the caller dial tone in advance of others. Once the person placing the call receives dial tone, they are competing with all other callers to complete their call over the public telephone network. In a regional disaster, this service will be directly affected by the amount of congestion in the network.

Although it is not an alternative to the telephone network, it does provide a better chance of gaining access to the network, and should be considered in your planning. Even though congestion will occur, many calls will complete.

Public Telephones

Public telephones are also designated as essential service, and as a result they too receive priority dial tone. If a business has public telephones on its premises in addition to a PBX, and the PBX fails after the disaster, chances are that the public phones will still be functioning. They may become the only link to the outside world to report emergency conditions. It is important to locate these phones in advance, and post their numbers in a visible location so that they can be used for both incoming and outgoing calls at the time of a disaster. Remember, though, that they may be affected by congestion on the telephone network.

After the Whittier earthquake, long lines of employees formed at telephone booths as they one-by-one called home to check on their loved ones. They were evacuated from their buildings, so this was the only way they could reach them.

Foreign Exchange Lines

Some organizations may use foreign exchange lines in their day-to-day business. Depending on what kind of foreign exchange service it is, that line may actually be drawing dial tone from a remote central office. If the remote office is outside the disaster area, this line may provide a way to complete and receive calls because it is not in the affected area. Many times this alternative is cost-prohibitive, so it should be incorporated in the planning only if it can be used for other purposes as well.

The telephone companies use this alternative in their Emergency Operations Centers, which provides alternate access to the public network. Notice it is still using the public network, just originating from a different geography.

Customer Premises Equipment

Many organizations have purchased PBX or other sophisticated telephone equipment which has been installed at the location. Just as the telephone companies secure their equipment and provide additional power sources, so too must each organization. Back-up power for telecommunications clearly was the most vulnerable element in past earthquakes.

Not as well-known is the factor that many of the sophisticated telephone instruments in use today rely on local power to operate. Any telephone that requires an electrical outlet to operate its features in addition to the telephone outlet will not work if electricity is affected, and that electrical outlet is not on an uninterrupted power supply. Some businesses retain old telephone sets that they can quickly plug in at the time of a disaster. Again, this is not an alternative to the public telephone network, but it will provide access if nothing else is working at that location. This is particularly helpful if the disaster is a single site event, like a fire or flood, rather than regional.

Private Lines (commonly referred to as P-Lines)

P-lines are an extremely effective way to communicate from one specific location to another. They are non-switched lines that extend from one particular telephone to another. Their use is most cost-effective on single site plants where one person needs to speak directly to another. P-lines appear as a button on a telephone instrument, and when pressed automatically ring the other end.

Organizations which are planning to activate an emergency operations center should consider this alternative for those people who will need to speak extensively with their staff, who may be located elsewhere. It is a private line, totally separate from the public network. It is better than radio communications, because only the two people can talk over it, and the only way it might not function is if there is a physical break in the line between the two locations, which is most unlikely.

Ring-down Circuits

This is a group of private circuits which function similar to the P-line, only there can be more than two locations tied together. These circuits have their own dedicated paths, so they do not use the telephone network. Some organizations install the circuits with speakers mounted in the ceiling. This allows everyone to hear the conversation that is transpiring while they continue to do their own work. Ring-down circuits provide instant access to key locations, which can determine the extent of damage instantly without attempting to communicate through the telephone network.

This type of circuit is used in the telephone companies typically in Network Management Centers and other key locations. Circuits can be installed in both local and interexchange company centers to provide immediate knowledge of the situation and to expedite the decision-making process of what actions to take to preserve the telephone network. Ring-down circuits are used in a variety of ways in the public sector as well.

Datafax

Fax machines are literally everywhere these days. Faxes come in two varieties. Either they use a regular dial tone line, or they are provided on a private line from one location to another. Both types are worth considering when planning alternate communications. Faxes are an excellent way to pass damage information. If planned ahead, the information can be filled out on a predesigned form, with instructions to send the fax within a designated time after the event. Update intervals can even be specified, eliminating the need for any voice communications.

The second major advantage of using this form of communications is that it provides a written record of the information gathered, which may be helpful documentation for insurance and reimbursement needs afterwards. Further, written information will be more accurate, with less danger of valuable facts being lost in the translation. Fax transmissions are much quicker than verbal communications, which lessens the congestion, as well as frees up the people who would have had to pass the information verbally. If the datafax is provided on a private line, it is not subject to network congestion.

Cellular Telephones

Cellular phones proved to be an excellent form of communications following both the Whittier and Loma Prieta earthquakes. However, in Newcastle, Australia, following the December 28, 1989 earthquake, cellular was as congested as the regular network. Cellular is a separate network, however, it too can become congested. Like the public network, it is designed for a certain level of capacity. As technology advances, the capability of the cellular network to expand to accommodate the demand is continuing to increase.

It is important to distinguish the type of calls that are placed over the cellular network. Calls from one cellular unit to another within the cellular company’s geography will exclusively use that network. However, if a cellular user attempts to call a landline, such as their home or office, the call will travel through the public telephone network to complete. Once again, those calls can be affected by congestion. This example emphasizes the reason why planners need to carefully evaluate how they will be using their alternative communications. In this instance, if the intent is to contact people who are on the public telephone network, they may not succeed.

Radio

Many public and private organizations are planning to use their radio frequencies for critical communications. Radios are clearly an alternative to the public network, but their use should be planned carefully. I am reminded of the Oakland Hills fire, where each fire department that responded had its own frequency. Careful planning is necessary to eliminate confusion and ensure that the right people will be able to talk to each other.

Some businesses use radio frequencies daily. Many times they assume that will be their primary back-up at the time of a disaster. However, when organizations identify in advance who needs to talk to whom, they will find that there are far too many people who need to convey critical information who will be relying on only one or two radio frequencies. In fact, radios can be rendered useless in disasters if proper planning has not taken place. If company officers are planning to use this alternative, chances are they will preempt all others from their use. It is best to identify who will be authorized to use which channels, and to incorporate their use into drills and exercises to make sure they will serve everyone’s needs adequately.

Amateur Radio

In every major earthquake, the amateur radio operators have been the most effective at relaying damage conditions. They should be integrally involved in the planning process, and used wherever possible in the early hours. The public sector has tapped this resource through RACES, which is an organization of amateur radio volunteers who work with local agencies to perform critical communications functions following a disaster.

Some businesses are encouraging their employees to become amateur radio operators, and plan to use them as the major link between families and employees if normal communications are affected. This is a very important function if a business requires some people to remain on the job, or if normal transportation routes are blocked and employees are forced to remain at work.

A variety of innovative plans have been developed. If a business has multiple work locations, they designate two or three of them as key assembly points. When a disaster strikes, amateur radio operators are assigned to report to these sites. If the disaster occurs during work hours, information about injured employees or those who must remain on the job is relayed to the site closest to the employee’s home, where local operators can then contact the family. If it happens out-of-hours, employees report to the key location closest to their home on their next scheduled shift, and are provided their work assignments from there.

Satellite Services

Many companies have purchased services using satellite, which bypasses the local telephone network. It is important to identify what types of service transit these types of facilities, and build a plan that will use these circuits at the time of a disaster. Determining ahead of time who needs to talk to whom can quickly identify whether this is a logical resource to build into plans.

Most organizations use satellite communications to transport data or voice communications between two or more major locations. This is a ready-made alternative to pass damage and injury information in the initial hours. This is particularly effective if key decision-makers are remote from the site, and by using this link they can be informed quickly of the status to determine how they will conduct business.

Microwave Services

Microwave communications are another completely separate alternative to the network. It is important if they are going to be used as an alternative that planners check how many other users are on their frequencies. They, too, can become congested, especially in large cities. Knowledge of antenna and transmitter locations is also important to evaluate how they may be affected at the time of a disaster.

Data Alternatives

Most large organizations transport data using private non-switched facilities. However, planners overlook the potential to turn these transport links into communications paths after a disaster. Evaluate which terminals can transmit information to which locations, and use this resource to perform damage assessment in the early hours. It can also become a two-way means to transmit restoration priorities. Even though the link may be via data rather than voice, just like the Datafax, this can be a ready means of communicating.

Some businesses are planning to have their employees dial up into their systems from home if a disaster occurs out-of-hours, to receive instructions and transmit critical information. This combination may be using the telephone network from employees’ homes to the main computer, so be aware that there may be congestion on that element.

Organizations which require extensive data capacity are evaluating where their vulnerabilities are in their networks, and over time are building in protections to preserve their data networks. Use of fiber rings to provide alternate routing, diversifying of facilities routes, obtaining fiber from more than one central office, and terminating cables on more than one distributing frame are all sound preventative measures to ensure your own network will continue to function.

HOW TO MAKE YOUR PLANS WORK

It is easy to see that there are many different forms of communication to evaluate. The most common missing ingredient in communications plans is identifying who needs to talk to whom. Physical drawings of where key people are expected to be are important to begin to see the overall communications picture.

In the early stages following a disaster, Emergency Response Teams and Site Inspection Teams will be frantically working while emergency centers are being activated. At the same time, key decision-makers will soon want to receive reports to begin to make decisions about what to do. Employees will be eager to reach loved ones, and everyone will need to know how the community has been affected. All of these needs must be addressed in the planning stages. If they are not, one or more of these users will try to establish communications links using whatever is available, possibly hampering other efforts.

Gather all of the key players from each interest group together, and identify what functions they will need to perform, and what kind of communications they require to perform these functions. Once that is established, it is a relatively easy task to survey existing communications, identifying which is best suited to serve the users’ needs. When organizations follow this process, they are pleasantly surprised to find that they already have plenty of communications alternatives, and may not need to spend exorbitant dollars for additional equipment.

Document these plans so that everyone will know who will use what. List all of the critical communications circuits, identifying where they are located, and who is to use them. Anticipate that everyone who knows the plan will not be available, so all information must be clear and easy to follow. Then test the plans to see if they will work. The time to find out whether everyone’s communications needs have been met is not during an actual disaster! It is only through careful planning and testing that organizations will have truly successful communications paths.

by Judy K. Bell, CEM

Disaster Survival Planning Network

1. Who is responsible for ensuring that back-up communications are established?

2. What are your existing communications capabilities?

A. Voice________________________________________________

B. Data_________________________________________________

C. Image Transmission____________________________________

3. Take an inventory of your existing back-up communications:

A. Radio_______________________________________________

B. Cellular______________________________________________

C. Amateur Radio________________________________________

D. Datafax______________________________________________

E. Public Telephones_____________________________________

F. Essential Service______________________________________

G. Other________________________________________________

4. Who plans to use these back-up communications during a disaster? (Identify specific work groups or people – chances are several people think they are going to use the same back-ups!!)

5. What are your critical circuits? What alternate communications capability do you have for them?

6. What are your critical systems? What alternate communications or back-up protection do you have for them?

7. Which systems have back-up power capability? How long will it last? What are your plans to have back-up generators available if needed?

8. What priorities have been established for communications restoration by:

A. Location

B. Systems/Switches

C. Facilities

9. What are your alternate routing patterns? Are they activated automatically, or can you redirect your traffic routes at the time of a disaster? What are your plans to redirect traffic, if you have that capability?

10. What emergency restoral procedures have you established with your communications and equipment vendors?

11. Where do you store your communications information? How is it preserved as a vital record?

12. Who in your organization will need back-up communications at the time of a disaster?

13. Who do they primarily need to talk to?

14. What will they use as their alternate communications if they are not at work when the disaster strikes?

15. Based on all of the information examined, what do you recommend for alternate communications for each department and critical member of your organization?