Preparing For and Responding To An Active Shooter & Workplace Violence

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Sadly, active shooter incidents have significantly increased in frequency over the past few years, and are unfortunately much more prevalent now than before.

The high profile mass shootings in Atlanta, where eight people were killed on March 16th and the deadly March 22nd Colorado shooting that took the lives of ten people, were among at least seven mass shootings in a one week period across the United States. Mental health experts say the effects these horrific events have on the American public are amplified by the COVID-19 pandemic1. Gun Violence Archive statistics show mass shootings rose from 417 in 2019 to 611 in 2020, including 95 incidents in June of 2020 alone. With 103 incidents occurring in the first few months of 2021 (as of March 22nd), active shooter incidents are down from the height of the COVID-19 shutdowns but are still 53% higher than the 1st-quarter average of the past four years2.

As restaurant owners and managers, it is your responsibility to ensure a safe environment for your employees and patrons.

Although it is crucial to take steps to protect from hostile intruders, it is also important to remember that many incidents of workplace violence occur from within. When hostile workplace behavior goes unchecked, it can have wide-ranging impact. The consequences can be severe; from lost productivity, employee turnover, reputational damage, lawsuits and even workplace violence.

Recognizing the warning signs of workplace violence and taking action is essential. It’s important that the focus is not just on individual illegal behaviors, but more broadly, the toxic workplace cultures that create unproductive, disheartened workforces. When unaddressed, toxic cultures and workplace behaviors like bullying, harassment and discrimination can escalate toward violence.

There are actions that you can take to mitigate the risk of violent scenarios. Evaluate the workplace and identify both physical and administrative adjustments that you can make proactively:

  • Institute policies and procedures that indicate a zero tolerance of workplace violence and provide direction for reporting and handling incidents.
  • Provide training in defusing or de-escalating potentially violent situations, and inform employees of the risks of workplace violence.
  • Consider the risk of assault when directing workers to take out garbage, store items in external areas, transport money, etc.
  • Establish procedures for obtaining medical care and psychological support after a violent incident.
  • Create a crisis response plan that describes procedures to follow in the event of an emergency, which should include evacuation routes and exits or building lockdown procedures depending on the situation, and have the plan posted for all staff and patrons to access.
  • Establish an Employee Assistance Program (EAP) with trained counselors who are able to address workplace stress and violence issues. As a confidential service to employees, the EAP provider will assess whether a situation needs to be brought to management and can intervene in employee conflicts.
  • In the event of a shooting, management should record any physical property damage to broken windows and doors or bullet holes in walls or floors and take pictures.

INSURANCE PROTECTION

In addition to impacting the well-being of your employees and tenants, incidents of violence can also disrupt normal business functions, potentially leading to business interruption, property damage and other types of large losses that require the proper insurance protection.

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  • Red Gold Sacramento
  • DAVO Sales Tax
  • AyrKing Mixstir
  • Inline Plastics Safe-T-Chef
  • Imperial Dade
  • RAK Porcelain
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  • McKee Foodservice
  • T&S Brass Eversteel Pre-Rinse Units
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Business interruption insurance coverage may also apply if an organization is forced to close and is affected as a result. Large losses that include business interruption are generally measured by insurers through their forensic accounting analyses of an organization’s historic profit and loss for the applicable period of time. Your broker should help you with this process.

It is important to note that insurers determine business interruption coverage based on the time it takes after a shooting to regain access to the location, repair physical damage, and complete necessary cleanup. You may not have control of your premises for an extended period of time and authorities may leave the crime scene as is for days, triggering a pollution claim and a longer than expected loss of use or rental income. Although the type of documentation will vary by incident, organizations should be prepared to share:

  • Detailed monthly profit and loss (operating) statements.
  • Sales statistics and forecasts.
  • Purchase orders, invoices, proof of payment for any damaged items, and extra/expediting expenses.

workplace violence toxic cultureThere are three notable points to take in account for the general, auto and excess liability insurance section of your policy that will be part of your claim:

  • Coverage: The policies provide “third party” coverage meaning that damage suffered by a third party was caused by your employee(s) or you arising out of your business operations. In most cases, this coverage is bodily injury or property damage. Coverage arising out of an active shooter tragedy should be provided if a third party proves that you were partially or completely negligent before, during or after the shooting. Potential allegations could include:
    • Failure to ensure a reasonably safe environment
    • Failure to protect third parties
    • Liability due to consequences you took to protect third parties and / or your property

It is important to note that each policy excludes “expected or intended” injuries caused by you. In general, this means that there may be a limit to the amount of force you use to protect third parties and/or your property.

  • Crisis management: Be sure that you have this coverage. It is not automatically provided on any or all of these policies. The premium for it is usually minimal, if any. However, not all insurers provide this coverage within a General Liability program.
  • Policy Limits and Sub-Limits: Most (not all) policies have legal expenses in addition to the limits of liability, meaning defense costs are unlimited. If a neighbor alleges property damage due to the consequences of an active shooter event that you are legally liable for, bear in mind that all of these policies contain pollution exclusions so be sure to check the language of these exclusions because the language may affect coverage.

In summary, having a crisis management plan that you practice periodically is crucial. It does not take much time to create and what it can save you can be priceless. Unfortunately, senseless acts of violence are often unavoidable even with the best practices in place. Speak with your insurance broker to ensure that you’re covered for the financial impacts of an unforeseen tragic event.

For the latest information, guidance and resources on COVID-19 to help you protect what matters most, please visit https://www.hubinternational.com/coronavirus.


1. https://abcnews.go.com/Health/mass-shootings-add-mental-health-issues-affected-covid/story?id=76631283

2. https://www.usatoday.com/in-depth/news/2021/03/23/boulder-shooting-follows-spike-gun-violence-during-2020/6965360002/


Complimentary On-Demand Webinar: Click HERE to view HUB’s recorded webinar, “Toxic Culture and Workplace Violence – How to Protect Your Employees”, for more information.

  • DAVO Sales Tax
  • McKee Foodservice
  • Day & Nite
  • RAK Porcelain
  • T&S Brass Eversteel Pre-Rinse Units
  • Atosa USA
  • Texas Pete
  • AyrKing Mixstir
  • Simplot Frozen Avocado
  • BelGioioso Burrata
  • RATIONAL USA
  • Imperial Dade
  • Inline Plastics Safe-T-Chef
  • Red Gold Sacramento
Robert Fiorito
Robert Fiorito serves as Vice President with HUB International Northeast, a leading global insurance brokerage, where he specializes in providing insurance services to the restaurant industry. As a 25-year veteran and former restaurateur himself, Bob has worked with a wide array of restaurant and food service businesses, ranging from fast-food chains to upscale, “white tablecloth" dining establishments. Robert can be reached at 212-338-2324 or by email at robert.fiorito@hubinternational.com. For more information on HUB, please visit Hub International.