Human legal compliance and ethical issues of emergency preparedness


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Human legal compliance and ethical issues of emergency preparedness

  1. 1. Human, Legal-Compliance, and Ethical Issues of Emergency Preparedness Phillip Van Saun University of California, San Diego
  2. 2. Goals & Objectives:Defining and achieving markers of success while leveraging social-capital and operating within ethical and legal frameworks is the focus ofthis course.The challenge of developing standards-of-care for emergencymanagement service delivery in an increasingly complex, globally-linked and fast-paced economy, compounded by associated under or un-mitigated risks, forms the backdrop and frames the challenges we willdiscuss in this course.The looming liabilities imbedded in the trend toward public outcryagainst economic and social disparity – including in the delivery ofpublic safety services - increase management’s need to scrutinizeoperations to first understand, communicate and apply standards-of-care to an evolving worldview of what it means to effectively prepare,mitigate, respond and recover from emergencies.
  3. 3. Learning Outcomes:At the completion of this course students will be able to: Demonstrate the ability to develop sound analytical findings in periods of uncertainty and duress to solve strategic and tactical problems, identifying solution alternatives, and selecting best-fit solutions. Cite the primary legal risks inherent to the delivery of emergency services, and develop strategies to mitigate exposure to litigation; provide examples of risk sensing mechanisms and practices to mitigate associated risks and vulnerabilities. State how best to effect positive organizational change in the application of emergency and crisis management practices and standards, and develop associated emergency management standards-of-care. Express how social capital and moral creativity shape mitigation, response and recovery. Demonstrate emergency management strategies in response to reputational and organizational risk by active participation in a capstone emergency management micro-game.
  4. 4. Expectation Gap Must seek by listening and scanning Must know stakeholder—their expectations Must know performance on expectations  Change behavior and policies  Improve awareness or the perception gap  Conditioned for disruption
  5. 5. Bad Data Guided U.S. Fukushima Call
  6. 6. Conduct crisis micro-games.
  7. 7. Present the basic Discuss Brainstorm challenges todetails of the risk possible solutionsto be addressed resolution DetermineImplement steps Select moves to possible moves to mitigate respond to the given the realities identified risks problem of your culture
  8. 8. Crisis decision-making micro-games Present a problem – Problem Based Learning Facilitate the game Encourage brainstorming Identify and adjust for bias in the decision-cycle Guide the process to fast & frugal decision-making Close with plus/delta
  9. 9. Focus on the impact of cognitive bias to decision-making and adjust accordingly.
  10. 10. Confirmatory BiasWe tend to perceive and accept input that isconsistent with and reinforces our biases.We tend to ignore input that is not consistentwith or challenges our biases.We tend to interpret input in ways thatconfirm our biases.
  11. 11. Fast & frugal crisis-decision tools Fluency heuristic - If one  Take-the-best - To infer alternative is recognized which of two alternatives faster than another, infer has the higher value: (a) that it has the higher value search through cues in order on the criterion. of validity, (b) stop.Schooler & Hertwig, 2005 Gigerenzer and Goldstein, 1996
  12. 12. Fast & frugal A good enough decision. Made soon enough to matter. Communicated well enough to be understood. Carried out well enough to work.
  13. 13. Evacuate [or follow MTA guidance] and stay? One alternative is  2700 employees survive. recognized faster than another, infer that it has the higher value.  Rick Rescorla Director of Which of two alternatives Security at Morgan Stanley has the higher value – Stay WTC 9/11 or leave?
  14. 14. Resist the temptation to develop or rely on elaborate and pedantic response plans.
  15. 15. Managing Risk TransferApplying a standards of care approach to risk management. Definition of standard of care: A diagnostic and treatment process that a clinician should follow for a certain type of patient, illness, or clinical circumstance. (New England Journal of Medicine, 2004) Standard of care n. the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise In legal terms, the level at which the average, prudent provider in a given community would practice .
  16. 16. Scan the horizon for threats, risks, and opportunities.
  17. 17. “Awareness, without the requisite tools, usually means that you die enlightened.”
  18. 18. Apply a lean crisis-management structure.
  19. 19. Synthetic OrganizationsUsually in crisis … organizations concede authority for a time to a new entity which then acts in somesense on their behalf, followed by a return to a new normalcy, perhaps with some key adjustments.
  20. 20. Do not assume rational action.
  21. 21. Predictable surprise“They (business leaders) tend to ignore or downplay the possibility of random or uncontrollable occurrences that may impede their progress toward a goal.” - Nobel Laureate Daniel Kahneman
  22. 22. “Those of us who have looked to the self-interest oflending institutions to protect shareholders’ equity,myself included, are in a state of shocked disbelief” “People, organizations, communities, countries make bad decisions all the time based on their experience – Some call this the “preparing to fight the last war” syndrome.” - Wayne Blanchard
  23. 23. Remember the last event, and learn from it.
  24. 24. July 31, 1985To: Vice President of Engineering, Morton ThiokolFrom: Roger Boisjoly‘It is my honest and very real fear that if we do not take immediate action to dedicate a team to solve the problem, with the field joint having the number one priority, then we stand in jeopardy of losing a flight along with all the launch pad facilities.“
  25. 25. January 28, 1986
  26. 26. Think about how to bring goodness out of a bad situation.
  27. 27. Establish a ‘New Normal.’
  28. 28. Declare victory and leave the battlefield.
  29. 29. Chance favors the prepared mind
  30. 30. Thank you.