Safety, Education and Business discussion web log for the Gymnastics Professional.

 
Dealing with the Media in a Crisis

You may have been in business for decades and it has never happened to you. You may have been in business for weeks and been subject to it. You hope it never happens. But imagine that a parent accuses your gym of causing injury to their child or an employee sues for personal injury arising out of a disciplinary action. Handling these events will be difficult enough. Add the dimension of dealing with the media, and your task becomes even more challenging. Whether or not you like the idea of contending with reporters, cameras, and microphones, you may need to. Having a "media strategy" in mind before a crisis will help you.
Reporters are trained and educated in their field just as you are in your profession. Accept their right to ask questions to keep the public informed. If you provide a reporter with background information and answer questions clearly and truthfully, the reporter will make every effort to be fair. Tough questions don’t trip people up. Sloppy answers to easy questions are what do people in. Be aware, however, that even the most effective media relations plan won’t always result in favorable press. Expect to be on the receiving end of criticism occasionally. Nothing is 100 percent off the record. "I don’t know, but I will find out and get back to you before your deadline" is an infinitely better thing to say to a reporter than making up facts that don’t turn out to be true. Notes are made and reviewed by editors, publishers and lawyers.
Contact Your Insurer
The first step in any crisis is to report the incident to your insurance agent immediately, no matter the severity of the claim. If the claim has the potential to catch the media's attention, it's important that you have early contact with your insurance company.
While contacting your agent and / or insurance company is the ideal first step, it's not always possible. A story comes to light, the media run with it. An accident occurs; a photographer arrives on the scene with a camera. Sometimes the media will be at your door or on your phone before you are able to talk with your insurance company. In this scenario, you'll need to develop a carefully controlled message sent through one spokesperson.
There are some key tips to dealing with the media in a crisis:
• BE PREPARED
• Understand that the media needs a story... let it be a controlled, child-focused story that will help restore the public’s confidence in how you treat the safety and security of the children. Take a deep breath, refer to your positive points and talk to the reporter about YOUR gym!
• Designate one person in your organization to speak to the media. The spokesperson should be articulate, diplomatic, and sincere. Your spokesperson, in essence, becomes the "voice" of your business on the television, in the newspaper, and over the airwaves. If that person appears caring and concerned, your organization will be perceived as such. If possible, individual personnel should not speak with the media. Have a back-up plan in case this designated person is unavailable. Be sure to tell all of your staff who these people are and how to contact them when the media calls!
• Anticipate questions reporters will ask. Determine ahead of time what you will say and what you won't or can't say. Have fact sheets prepared. Prepare a written statement for distribution with the help of your attorney. Be sure to share this information with your staff. They may feel very threatened and/or demoralized by the bad publicity and may be receiving front line questions from clients, families and friends.
• Speak in sound bites —short sentences and concise thoughts. Don't ramble. Emphasize key points made in the news release, and don't deviate from them.
• Develop a response other than "no comment." If a criminal act has allegedly occurred, as in the case of child abuse, issue a brief statement like this: "The safety and well-being of our youth are extremely important to us. We are cooperating with the authorities in their investigation, and any comments made before the investigation is complete would be premature."
• Avoid extremes. Do not defend yourself too strenuously, appearing too eager to avoid blame; Do not lock yourself in your office, appearing to avoid responsibility.
• Maintain an open mind and a good attitude about dealing with the media. Much of the time these professionals want to work with you, not against you. Your comfort level or attitude toward the media could influence the treatment you receive.
• Announce that you take the problem seriously. Then take it seriously, even if you think the issue is non-existent or overblown. Whether it was a real problem before, it certainly is a reputation management issue now that the press has it.
• Don’t lie. If you (or your staff) screwed up, admit it. The media is relatively kinder to those who openly admit they screwed up. It’s disarming. Although they may not become your friend, they will at least realize that you have a conscience. That realization alone can be the difference between a hostile story and one that respects the sometimes-complicated choices we all make when performing our duties.
• After experiencing a disaster it is vital that a thorough review is undertaken of how the organization responded and coped with the emergency. Lessons can always be learned and these will not only improve the response should there be another incident, but could prevent a future disaster. It therefore makes sense to be sure to let the media know what you did in analyzing the situation and improving the response to avoid any future crisis.
Probably the best defense against negative publicity is a strong, positive relationship with the local reporters before anything “bad” occurs. If an incident occurs that could cause you and your organization grief. Be prepared with ready answers to probable questions and a couple of choice sound bytes that will look good in the paper or sound good when quoted.
posted by Michael at 10:38 PM

 
Employer Risk Management

When a gymnastics coach hears the words “safety” and “risk management,” they probably think about things like spotting, teaching progressions, safety certification and medical insurance. A gym owner may think about things like coach’s certifications, liability and worker compensation insurance and maybe equipment and facility inspections. One aspect of risk management that typically does not get enough attention by gym owners is managing the risk of being an employer.
Workplace risk includes safety and litigation risk. Though the actual responsibilities of being an employer vary by state and are governed by legislation and numerous agencies (including the Americans with Disabilities Act, Occupational Safety and Health Administration, Fair Labor Standards, Family and Medical Leave Act, Department of Labor, National Labor Relations Board, Equal Employment Opportunity Commission, etc.), there are some customary workplace wrongdoings that require our attention.
• Harassment. Harassment can include hostile work environment or quid pro quo (exchange for privileged treatment) sexual harassment. Sexual and other forms of harassment is a common problem. Over 16,000 cases are brought each year against employers (US Department of Labor). Claims can be created by men, women, co-workers, managers, customers, parents, students, owners, vendors, contractors and others.
• Workplace violence. Although gymnastics may not be considered at “high risk” for potential violence, the welfare of others and your own safety are at stake. Workplace violence accounts for 2 million physical attacks and 6 million threatened attacks each year in America. Thirty five percent of all violent crime occurs at the job site (The AGOS Group; 1999, 2000).
• Theft. Embezzlement includes taking money from the cash register, making personal copies without authorization, billing personal phone calls to the organization, running personal errands on organization time and other forms of fraud. Theft by employees costs the American economy an estimated $30 billion each year.
• Discrimination. Are you an Equal Opportunity Employer? Federal law prohibits discrimination based on race, color, religion, gender, national origin, age or disability. Have you identified the essential functions of the jobs you hire for and what “reasonable accommodations” you could provide in order to be in compliance with the Americans with Disabilities Act? The Family and Medical Leave Act guarantees covered employees (of employers with 50 or more total employees) up to twelve weeks of unpaid leave for certain family and medical situations. The increasing number of claims being made under this law illustrates that not all employers appreciate the significance of this legislation. Charge filings with the U.S. Equal Employment Opportunity Commission (EEOC) alleging employment discrimination in the private sector increased to 84,442 in Fiscal Year 2002 (which ended September 30), up 4.5% from the previous year, according to new data issued today by the federal civil rights enforcement agency. The statistics also show that the average time for EEOC to process a private sector charge declined to 171 days (down 6% from FY 2001) and the pending inventory of private sector charges awaiting investigation decreased to 29,041 (down 11% from FY 2001).
• Unsafe work practices and workplace injuries. If a child gets a bloody rip on bars or one of your pre-school students has an “accident” on the floor exercise carpet, do you have established procedures (that are practiced and followed) for blood borne pathogens in your gym? Do you train your staff on proper lifting techniques and ergonomics? Do your coaches have the proper equipment to do their jobs safely? Regardless of the size of our organization or the number of staff, you have the duty to provide for the safety and welfare of all your employees.
There are even more issues; unfair labor practices, retaliation, workers’ compensation fraud, to name only a few others. If you think that these problems could never affect you, you are wrong. Liability for workplace wrongdoing can arise from the behavior of employees, supervisors and managers. Risk is also realized by non-employees who interact with your organization; volunteers, vendors, clients, independent contractors, board members, visitors and more.

We live in a litigious society that allows anyone to bring a lawsuit against anyone else at any time for any reason. The only people that really enjoy lawsuits are lawyers. Remember that everyone has access to a lawyer and when a lawyer’s telephone rings, it rings with a “cha-ching” rather than a “ring-ring.” Lawyers are always looking for opportunities for work. Don’t’ be a victim of an employee lawsuit that could ruin your business and your reputation. Most small organizations cannot bear the expense of a single successful claim against them. Even if you win the lawsuit, you lose; your valuable time is wasted, your attention to your business is disrupted, your credibility is impugned, staff morale is affected and your insurance premiums could be impacted.

Be prepared. In order to properly deal with these issues and avoid a lawsuit, there are some recommended guidelines for employers to follow. The first defensive measure an employer can take to avoid a legal action is to conduct thorough background checks of all applicants. Follow up on all references, watch for employment gaps and other “red flags.” Negligent hiring or negligent retention places you at risk of a legal claim. Gym owners should also offer and require ongoing training to his/her employees. A set of reporting standards should be established. A “zero-tolerance” policy for any violation of practices or procedures should also be enforced. Even though this no tolerance policy is imperative, an atmosphere of open communication and empathy must exist in the organization. An employee should be able to feel that their concerns are important to their employer and will be dealt with appropriately. The best defense against a lawsuit is a strong positive relationship with your employees so that they trust you and your responses to their issues.

References:
The AGOS Group, LLC. – Tulsa, OK 74103
US Department of Labor
Civil Rights Act; 1964, 1991
posted by Michael at 10:37 PM