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47. Introduction Governor - James Gilmore
48. Corporate Security - Ron Kelly

1. Graham Allison’s, Nuclear Terrorism (New York: Times Books/Henry Holt, 2004).
2. Elizabeth Terry and J. Paul Oxer, P.E., Survival Handbook for Chemical, Biological, and Radiological Terrorism (Philadelphia, PA: Xlibris Corporation, 2003).

49. Corporate Crisis Preparedness and Management - Don Schmidt

1. National Commission on Terrorist Attacks upon the United States, The 9/11 Commission Report (New York: Norton, 2004).
2. National Fire Protection Association, NFPA 1600, Standard on Disaster/Emergency Management and Business Continuity Programs (Quincy, Mass: National Fire Protection Association).
3. On 28 February 2003 the president issued Homeland Security Presidential Directive (HSPD) 5, ‘‘Management of Domestic Incidents,’’ directing the secretary of Homeland Security to develop and administer a National Incident Management System (NIMS). On 1 March 2004 NIMS was published by DHS; it includes ICS for use in the public sector

50. Case study: Protecting Soft Sargets - Alan Orlob

51. Preparing People and Organizations for the Psychological Aspects of Terrorism - Mark Braverman

1. National Academies, Institute of Medicine, Preparing for the Psychological Consequences of Terrorism (August 2003) (report).
2. FashionLine is a fictitious name, but the case description is based on the author’s experience as a consultant to a company in New York after 9/11.
3. K. Becker, ‘‘A Company at Ground Zero: Organizational Intervention over a Nine-Month Period after the 9/11 Terrorist Attack,’’ unpublished manuscript (2002).
4. R. Banham, ‘‘Living with Risk,’’ Treasury and Risk Management (2004).
5. C. North, S. Nixon, S. Shariat et al., ‘‘Psychiatric Disorders among Survivors of the Oklahoma City Bombing,’’ Journal of the American Medical Association 282 (1999): 755–62.
6. D. Smith, E. Christiansen, R. Vincent, and N. Hann, ‘‘Population Effects of the Bombing of Oklahoma City,’’ Journal of the Oklahoma State Medical Association 92 (1999): 193–8.
7. M. Braverman, ‘‘Posttraumatic Stress Disorder and Its Relationship to Occupational Health and Injury Prevention,’’ in J. J. Hurrell et al. (eds.), Encyclopaedia of Occupational Health and Safety (Geneva: International Labor Office Press, 1998).
8. L. Hytten and A. Hasle, ‘‘Firefighters: A Study of Stress and Coping.’’ Acta Psychiatrica Scandinavica Supplementum 335 (1989): 50–5. See also T. Lundin and L. Weisaeth, ‘‘Disaster Workers’ Stress and Aftereffects: A Proposed Method for the Study of Psychological and Psychiatric Effects on RescueWorkers and Health Care Personnel,’’ unpublished manuscript (1991).
9. See the following: Braverman (1998). M. Braverman, ‘‘A Model of Intervention for Reducing Stress Related to Trauma in the Workplace,’’ Conditions of Work Digest 11:2 (Geneva: International Labor Office, 1992). M. Braverman, ‘‘Post- Trauma Crisis Intervention in the Workplace,’’ in James Campbell Quick, Lawrence R. Murphy, and Joseph J. Hurrell (eds.), Stress and Well-Being at Work: Assessments and Interventions for Occupational Mental Health (Washington, D.C.: American Psychological Association, 1992). M. Braverman, ‘‘Preventing Stress- Related Losses: Managing the Psychological Consequences of Worker Injury,’’ Compensation and Benefits Management 9:2 (Spring 1993). B. Gersons, ‘‘Patterns of PTSD among Police Officers Following Shooting Incidents: A Two-Dimensional
Model and Treatment Implications,’’ Journal of Traumatic Stress 2:3 (1989): 247–57. J. J. Hurrell and L. R. Murphy, ‘‘Psychological Job Stress,’’ in W. N. Rom (ed.), Environmental and Occupational Medicine (2d ed.) (Boston: Little, Brown, in press).
10. See Braverman (1993). See also R. S. Schottenfeld and M. R. Cullen, ‘‘Occupation- Induced Posttraumatic Stress Disorders,’’ American Journal of Psychiatry 142:2 (1985): 198–202.
11. American Psychiatric Association (APA), Diagnostic and Statistical Manual (3d ed.) (Washington, DC: American Psychiatric Association, 1980).
12. See the following: M. J. Horowitz, ‘‘Stress-Response Syndromes: A Review of Posttraumatic and Adjustment Disorders,’’ Hospital and Community Psychiatry 37:3 (1986): 241–9. B. van der Kolk, ‘‘The Psychological Consequences of Overwhelming Life Events,’’ in B. van der Kolk (ed.), Psychological Trauma (New York: American Psychiatric Press, 1987). J. Rosen and R. Fields, ‘‘The Long-Term Effects of Extraordinary Trauma: A Look beyond PTSD,’’ Journal of Anxiety Disorders, 2:2 (1988): 179–91. J. L. Titchener, ‘‘Post-Traumatic Decline: A Consequence of Unresolved Destructive Drives,’’ in C. Figley (ed.), Trauma and Its Wake, Vol. 2, Traumatic Stress Theory, Research, and Intervention (New York: Brunner/Mazel, 1986), pp. 5–19.

13. E. Lindemann, ‘‘Management and Symptomatology of Acute Grief,’’ American Journal of Psychiatry 101 (1944): 141–8.
14. L. Barton, M. Braverman, and S. Braverman, ‘‘A Comparative Analysis of Organizational Response to Traumatic Stress among Workers in the Aftermath of Crisis,’’ Disaster Prevention and Management 2:1 (1993). See also L. Fisher andW. Briggs, ‘‘Communicating with Employees during a Tragedy,’’ IABC Communication World (February 1989): 32–5.
15. T. Pauchant and I. Mitroff, Transforming the Crisis-Prone Organization (New York: Jossey-Bass, 1991).
16. National Institute of Mental Health, Mental Health and Mass Violence: Evidence- Based Early Psychological Intervention for Victims/Survivors of Mass Violence—A Workshop to Reach Consensus on Best Practices (2002).

52. Case Study: Creating a Public-Private Preparedness Community at the County Level William Donnelly
53. Legal Issues for Business in Responding to Terrorist Events William C. Nicholson

1. Public Law 107-296, HR 5005, 107th Congress.
2. William C. Nicholson, ‘‘Integrating Local, State and Federal Responders and Emergency Management: New Packaging and New Controls,’’ Journal of Emergency Management, 1:15 (Fall 2003): 15.
3. HS Act, x01.
4. ‘‘Note: Responding to Terrorism: Crime, Punishment, and War,’’ Harvard Law Review, 115 (2002): 1217, 1224. ‘‘The United States has traditionally treated terrorism as a crime. The U.S. Code contains criminal statutes that define and establish punishments for terrorism.’’
5. Management of Domestic Incidents (28 February 2003); www.whitehouse.gov/news/releases/2003/02/20030228-9.html .
6. U.S. Policy on Counterterrorism (21 June 1995).
7. HSPD 5, x8.
8. Robert Lee Hotz and Gary Polakovic, ‘‘America Attacked; Environmental Nightmare; Experts Differ on Peril from Smoke; Health: EPA Says the Cloud Rising from the Ruins Is Not Toxic, but Others Aren’t So Sure. Rescuers Are Most at Risk for Possible Ill Effects,’’ Los Angeles Times (14 September 2001): A5. ‘‘Those construction workers, firefighters and cops are being very heavily exposed to dust and asbestos. That [exposure] isn’t going to end tomorrow; they’ll be heavily exposed for weeks and months.’’
9. Alan Feuer and Michael Wilson, ‘‘Its Ranks Depleted, a Weary Fire Department Is Trying to Regroup,’’ New York Times (11 September 2002); www.firehouse.com/terrorist/911/11_NYTregroup.html .
10. Laurie Garrett, ‘‘City Struggles to Contend with Widespread WTC Cough,’’ New York Newsday (30 September 2002).
11. See William C. Nicholson, ‘‘Legal Issues in Emergency Response to Terrorism Incidents Involving Hazardous Materials: The Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard, Standard Operating Procedures, Mutual Aid, and the Incident Command System,’’ Widener Symposium Law Journal 9:2 (April 2003): 295, 298–300.
12. In 1970, Congress enacted the federal Occupational Safety and Health Act (OSH Act), 84 Stat. 1590 (codified at 29 USC 553, 651–678, 2002). It specifically authorized the secretary of labor to promulgate national health and safety standards. 29 USC 655(a). Occupational Safety and Health Standards 29 CFR ‘1910.120 (q) (1998) covers employees who are engaged in emergency response to hazardous substance releases no matter where it occurs except that employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section are not covered; nor are emergency response organizations that have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to Section 303 of the Superfund Amendments and Reauthorization Act of 1986. Environmental Protection Agency (EPA) 40 CFR ‘372.18 (1995) deals with the enforcement and compliance guidelines for reporting toxic chemical release and the community’s right to know.
13. 29 CFR, x1910.119, deals with preventing or minimizing the consequences of catastrophic release of hazardous materials in an industrial setting.
14. See Federal Emergency Management Agency, United States Fire Administration, Hazardous Materials Response Technology Assessment (2000), which discusses various technologies for control and mitigation of hazmat incidents, including training required for their application.
15. 29 USC, x568, discusses the procedure of issuing a citation to an employer who is in violation of a requirement of Section 5 or Section 6 of OSH Act.
16. 29 USC, x666. A civil penalty accessed on an employer for violation of either an employer’s requirements and duties under Section 5 of the OSH Act or any violations of the Occupational Safety and Health Standards under Section 6.
17. 29 USC, x666, describes a serious violation as existing in a place of employment if there is a substantial probability that death or serious physical harm could result from an existing condition, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use.
18. Ibid.
19. Ibid.
20. Ibid.
21. See, e.g., Meridian Insurance Company v. Zepeda, 734 NE 2d 1126, 1130–1131 (Ind. App. 2000). ‘‘. . . A criminal conviction may be admitted in evidence in a civil action and may be conclusive proof in a civil trial of the factual issues determined by the criminal judgement.’’
22. ‘‘Note: Administrative Law—Occupational Safety and Health Act—on Multiemployer Jobsite, When Employees of Any Employer Are Affected by Noncompliance with a Safety Standard, Employer in Control of Work Area Violates Act; Employer Not in Control of the Area Does Not Violate Act, Even If His Own Employees Are Affected, Provided That the Hazard Is ‘Nonserious,’‘‘ Harvard Law Review 89 (1976): 793, 796.
23. ‘‘Lawsuits Stemming from WTC Attack Could Cost City Billions,’’ New York News (8 February 2002).
24. John M. Barkett, ‘‘If Terror Reigns, Will Torts Follow?’’ Widener Symposium Law Journal 9:2 (April 2003): 486, 500–1.
25. See Morgan v. Bucks Associates, 428 F. Supp. 546, 549 (ED Pa. 1977).
26. Benjamin Weiser and Claudia H. Deutsch, ‘‘Stringent Measures Gather Dust, Experts Say,’’ New York Times (16 August 2004): B-1. ‘‘Without question, many companies after 9/11 took serious steps, some quite ambitious and costly, to protect their employees and their assets. Gregg A. Popkin, senior managing director of CB Richard Ellis Inc., which manages about 115 commercial buildings in the metropolitan area, says landlords in those buildings have spent a combined $50 million on scanners, turnstiles and other measures in the past three years. . . . But there is much that has not changed all that dramatically. Plans that were drawn up were shelved, security machines put in place have been taken out, and computer security remains far from perfect.’’
27. For NIMS and related information see www.fema.gov/nims/ .
28. For NFPA 1600 (2004 Edition) see www.nasttpo.org/NFPA1600.htm .
29. 9/11 Commission Report, p. 398.
30. NFPA 1600, x5.7.2.
31. 9/11 Commission Report, p. 398.
32. S.2774, 9/11 Commission Report Implementation Act (introduced 7 September 2004). Additional bills have been introduced in the House of Representatives.
33. S.2774, x806, Private Sector Preparedness.
34. NFPA 1600, x5.2.1.
35. See Ken Lerner, ‘‘Governmental Negligence Liability Exposure in Disaster Management,’’Urban Lawyer 23 (1991): 333.
36. See William C. Nicholson, ‘‘Litigation Mitigation: Proactive Risk Management in the Wake of the West Warwick Club Fire,’’ Journal of Emergency Management 1:2 (Summer 2003).