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Volume 5, Issue 10
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Congress to Decide Future of Patriot Act
Four years after 9/11, Congress is considering whether to extend certain provisions of the Patriot Act. Sixteen provisions are set to expire in October 2005 unless Congress decides to extend them through either of two versions under review. The act’s main intention is to provide federal investigators with greater authority to intercept wire, oral and electronic communications for the purposes of tracking terrorist activity and money laundering. It also tightens the security of our nation's borders with Mexico and Canada and requires travelers going on cruises to obtain a passport.
The act has had far reaching consequences to the average citizen and to businesses nationwide. The federal government has been given the authority to potentially conduct searches of homes without the occupant’s consent or presence; to gather information on an individual’s reading habits, such as what one checks out at the library or purchases at the bookstore; and, perhaps most controversially, to view one’s medical and tax records.
Businesses have been affected as well: banks, stockbrokers, automobile dealers and other businesses that provide financing are required to run background checks on each person applying for financing. Businesses are required to run the checks on a federal Internet database that contains names of people suspected of being involved in terrorist activity. Businesses must also collect and manage additional identification and personal information.
Furthermore, many businesses have been struggling to manage the additional expenses and responsibilities brought on by the act. The provisions that are to be reviewed would require law enforcement officials to provide more notice and justification for searches and seizures of residences and property.
For more information, visit www.lifeandliberty.gov.
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Premises Owners Have Increased Duty To Protect Patrons
Two recent California Supreme Court rulings have placed a further burden of protection on business proprietors to their patrons. Previously, proprietors were held liable to protect their patrons from a third party only when it was highly foreseeable that a criminal attack may occur. The new case law broadens the scope of potential liability to include third party attacks that are not particularly foreseeable, and goes on further to state that the business must take at least minimal measures to protect its patrons.
In Delgado v. Trax Bar & Grill 2005 WL 1529656 and Morris v. De La Torre 2005 WL 1530429, the victims were attacked in the parking lots of the respective businesses by a third party, and in both cases, while there was no history of violence in the parking lots (therefore not falling under the highly foreseeable category), employees had knowledge that an attack was probable and could have taken further action to prevent each situation from escalating. The Court found that the victims had the right to sue the business proprietors for monetary damages for a breach of duty to protect.
The lesson learned from these rulings? Protect your business from increased liability by training your employees how to respond in a potentially violent situation and when to call the necessary law enforcement personnel if criminal conduct is imminent or taking place on your organization’s property.
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Poor Pre-Employment Screening Takes Flight in California
In the post 9/11, era when we scrutinize who is able to obtain pilots licenses, the indictment of 46 California pilots for providing false information on their applications for pilot’s licenses is startling.
Normally, prospective pilots can obtain a Federal Aviation Administration (FAA) license only after they have completed oral and written tests and have completed an examination and submitted their medical history to an aviation medical examiner. Of the 46 indicted, most did not submit their documentation, while fourteen of them submitted false documentation, which included some who were receiving Social Security payments for a mental disability. All 46 would have been disqualified from holding pilot licenses had their background checks been more thorough. A simple comparison between pilot’s license applications and the list of those receiving benefits for mental disabilities would have disqualified at least some of those granted licenses.
When federal agencies are susceptible to errors in background checks that result in potentially catastrophic security breaches, the government needs to consider outsourcing more of their background checks to qualified, professional services.
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Cyberslacking: Give and Take
Every business manager is aware of the reality that their employees spend a certain amount of time “cyberslacking,” or spending company time on the Internet for personal use. When employers see productivity slide, sometimes the knee-jerk reaction is to restrict any personal Internet use altogether. However, the reality is that employees are often more productive if they can take care of some personal business during the course of a workday. Here are some suggestions for employers to find a balance:
- Have a written policy. Make sure your employees know what Internet use is acceptable during work hours and what use is prohibited.
- Install monitoring or filtering software. An employer can limit access to specific sites or to certain hours for personal or non-work-related sites.
- Know your legal liability. Employers may be able to live with an employee sending the occasional email, but certain content or behavior is never acceptable in the workplace such as accessing a pornographic site, hacking or phishing activities, file sharing, or online brokerage or trading. Potential liabilities that employers can be responsible for include breaches of copyright, sexual harassment, and support of criminal activities.
- Work with your IT department on mitigating your risk around these issues, and revisit the subject often.
Did you know…%70 of all pornography is downloaded between the hours of 9 and 5? (stat from Microstrat.com)
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Quote of the Month: “Courage is the ladder on which all the other virtues mount.”
-Claire Booth Luce (1903-1987)
When Domestic Violence Spills into Your Workplace: Always Be Prepared
While many organizations have dramatically improved their workplace violence policies and associated employee training in recent years, many still overlook the importance of including provisions for the impact of domestic violence in the workplace. Historically, employers have viewed domestic abuse as a personal problem, outside their realm of responsibility. However, domestic violence has a profound impact on the workplace and accounts for billions of dollars of loss (in absenteeism, decreased productivity, increased stress and health care costs, etc.) every year for American businesses.
Employers face a difficult challenge in developing a thorough policy to address the delicate nature of domestic violence. Elements of a good domestic violence policy include, but are not limited to:
- Provisions allowing for leave and benefits flexibility (such as adjusting work schedules and increasing paid/unpaid leave).
- Establishment of a confidential means by which domestic abuse (or the suspicion of it) can be reported.
- Increased attention to safety and security protocols including parking arrangements, possible call screening, enforcement of protective orders, and relocation of the employee victim if possible.
- Provision of resources and referrals for appropriate victim assistance.
- Recognition that the work performance of domestic violence victims is often negatively impacted by their situation and allowance for time to improve.
As with all policies, new, old, or just revamped, it is not enough to simply write them and include them in your employee handbooks. Company policies must be clearly communicated. With an issue as sensitive as domestic violence, it is critical that employees are trained appropriately on the new policies and procedures in place. Such training should include increasing awareness regarding signs and symptoms of domestic abuse and clearly articulating the boundaries of acceptable workplace behavior.
Should you need assistance in developing your policy, would like your policy reviewed, or need assistance in training your employees regarding the sensitive issue of domestic violence, the experts at Business Controls, Inc. can help. Please call us at 800.650.7005.
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Energy Conservation Suggestions
Energy costs, whether speaking about fuel, natural gas, or electricity, are challenging even the most frugal and efficient businesses today. Other than pure conservation, which is the most surefire way to save on energy costs, here are some other suggestions on how to save:
- If you haven’t already… Tune up your air-conditioning and heating systems, seal ducts, purchase programmable thermostats, and install energy-saving lighting fixtures.
- Install sensors for compressed-air devices. These devices match pressure to the needs of the unit. High-efficiency motors with sensor technology use about %10 less fuel.
- Utilize Smart meters where possible. Smart meters allow for the continual monitoring of power costs and reduce the energy consumption of specific machinery or systems (not available in all areas – check with your utility company)
- Install chiller systems. These can cut cooling expenses for factories and commercial buildings. Water is chilled by nighttime temperatures and is then pumped into cooling systems during the day to cut down on air conditioning.
- Consider interruptible contracts. Utility companies offer substantial discounts for subscribers who agree to let providers reduce supply when necessary. Backup power systems are a must in this scenario.
- Buy in bulk. Get together with trade organizations or use energy brokers that purchase a variety of fuels in large quantities.
- Look at local alternative-fuel options. The Department of Energy offers free maps that display local options such as landfills or wastewater plants (for methane) or paper mills and furniture makers (burnable fuel).
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Business Controls Inc. Contributes to Hurricane Relief
The team at Business Controls Inc. was profoundly affected both professionally and personally by the aftermath of Hurricane Katrina. In addition to coordinating security in New Orleans, the staff at Business Controls made private donations in the amount of $6,861 to the American Red Cross.
Want a Customized Electronic Newsletter for Your Organization?
 Now you can market your products, services and ideas with a customized professional electronic newsletter just like this one. The means to affordably communicate with your customers, clients or team members has never been easier. Our IT and design team will help you select a design and color scheme that suits your needs. Your customized monthly newsletter will display your organization's name, logo, address and phone number. Each issue will contain at least five topical articles professionally written by our editors. We can even add articles, messages and news releases contributed by you or your organization. Hyperlinks to your Website and automated subscribe and unsubscribe feature is included. All you do is re-mail your finished newsletter to your email list. It's fast, easy and affordable. To receive your own customized electronic newsletter, call Eugene Ferraro, CPP at 800.650.7005 or visit www.SecurityNewsletters.com today!
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