Monthly Archives: March 2010

Criminal Negligence

Published on 29th March 2010 by . Leave a Comment

Wood product manufacturer Weyerhauser is among the first companies to be face criminal prosecution under 2004′s “Westray amendment,” which makes it legal to charge companies with criminal neglect. In an investigation following the death of an employee, supervisors and management were found to have been well aware of safety issues and had actually avoided fixing the problem. A Vancouver Sun article has more details:

An investigation by WorkSafeBC found that there was a high level of knowledge about the hazard by Weyerhaeuser management but they did nothing. The violations were committed wilfully or with reckless disregard, WorkSafeBC vice-president Roberta Ellis said in 2007 after the safety agency completed its own two-year investigation into the accident.

Weyerhaeuser was fined the highest amount ever by WorkSafeBC, $297,000. In a blistering report, WorkSafeBC said senior Weyerhaeuser management had resisted work orders from line managers to make the hog (a type of wood processing machine) safe, saying it would cost too much money. The work was done after Hewer was killed. It cost $30,000.

Management condoned a culture “where complacency in the face of danger became the norm,” the report stated.

This case is not only one of the first to be tried under the Westray amendment anywhere, but the very first time a private prosecution has filed such a case in Canada. Because this case will likely be high profile, Weyerhauser should expect to be doing as much crisis management in the court of public opinion as they do the actual courthouse.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

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Legal Conversation

Published on 26th March 2010 by . Leave a Comment

Working with the media in litigation-related situations can reap serious rewards for lawyers and their clients. While the first option for dealing with the public is usually a crisis management professional, when dealing with legal matters lawyers hold the advantage of attorney-client privilege, which is a major aid in protecting sensitive information. In an article published in the latest Crisis Manager newsletter Lanny Davis and Eileen O’Conner of McDermott, Will & Emery discuss why lawyers should be trained to make very effective spokespeople:

“They have access to the facts and for that reason are more credible in the eyes of many reporters. They also know the legal issues and risks involved in the litigation and won’t be as likely to make an error that could lead to a damaging public comment that prejudices the case. And most importantly, they can work with the client and other lawyers to develop a believable message, based on the facts, that can drive and command the message in the media, correct factual distortions pushed out by the other side and avoid poisoning of the jury pool.”

While the piece is directed towards lawyers, it holds valuable lessons for anyone charged with the task of speaking for their client or organization. With a bit of effort, the media can become a valuable ally (even if that isn’t THEIR intent!).

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

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Crisis Management In the Twitter Age

Published on 26th March 2010 by . Leave a Comment

“In the Twitter age” is a term I heard this past week from a slightly frustrated public relations professional talking about how he’s been forced to modify his crisis management plan.

And change he must. The best-laid crisis management plan will quickly unravel when information – true, untrue or even malicious – starts spreading on platforms such as Twitter and Facebook.

This excerpt from consultant Mike Johannson’s article, PR Crisis Management in the ‘Twitter Age,’ which he was kind enough to allow us to reprint in our latest Crisis Manager newsletter, makes an excellent case for the importance of updating and broadening crisis management strategies to include the use of social media. With so many crises originating on Facebook, Twitter and the like, having an established social media presence is a difference maker when trouble comes your way.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

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New Crisis Manager Out Now

Published on 26th March 2010 by . Leave a Comment

A new issue of Crisis Manager has just been uploaded to the Bernstein Crisis Management website! This week’s edition features an article by blogger and professional consultant Mike Johannson, PR Crisis Management in the ‘Twitter Age’, that lays down some ground rules for handling damage control in the social media universe.

Following that up is an article that focuses on a more traditional, but somewhat neglected, aspect of crisis management, The Need for Lawyers to Learn the Ground Rules of Talking to Reporters. Although directed at lawyers, this article by Lanny Davis and Eileen O’Connor hold some valuable lessons for all spokespeople.

You can have Crisis Manager delivered to your PC or hand held device semi-monthly, just hit this link and enter your email.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

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New Salmonella Case

Published on 25th March 2010 by . Leave a Comment

A recall was issued for over 150 items containing hydrolyzed vegetable protein after salmonella Tennessee was discovered in products made by Las Vegas based Basic Food Flavors. The FDA, conscious of criticism received for slow action in the past, launched an aggressive crisis response effort with a list of potentially affected products and, along with it, some advice that probably could have used a little more thought. A quote from the FoodLiabilityBlog has the details:

Consumers, who may have been unaware of the existence of HVP, are starting to learn how pervasive an ingredient it is in packaged and processed foods.  The FDA has a handy list of products so far affected by the recall.  There’s a widget,  too.  

So far, no one has been reported to have been made sick or died as a result of this outbreak.

The FDA warns consumers “Remember to follow cooking instructions on all foods”, except that many of the foods that contain HVP are not ones consumers cook.  Included are salad dressings, ready to eat meal products, sauce and marinade mixes and snacks. I don’t think there’s a way for a consumer to cook a pretzel. 

Getting the public informed quickly makes crisis management for the situation much easier, and with Basic Food Flavors and the FDA coordinating efforts to handle the recall as quickly as possible, there’s a good chance illness will be avoided altogether.

The BCM Blogging Team
http://www.bernsteincrisismanagement.com/

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