How to Communicate After a Critical Incident
In the age of instant news and viral media, PDRMA members and staff should exercise special care in the wake of a critical incident. “With Instagram, Facebook, Twitter, texting, instant video and email, you can broadcast incorrect, incomplete or misleading information about a critical incident,” cautions Eric Hohenstein, PDRMA Claims Supervisor, “and that information could interfere with PDRMA’s ability to defend a claim.”
| Legal Considerations for PDRMA Members
LRN #1507 explains PDRMA’s best practices for communicating after a critical incident. Below are the recommended first steps after an agency contacts 911 and takes any immediate steps necessary for safety:
- Contact PDRMA immediately at 630-769-0332, regardless of when the incident occurs, as well as your corporate counsel. By quickly contacting PDRMA, your agency gets expert help handling the police, talking to family members and the media, as well as involving an attorney early to provide appropriate legal support and the ability to collect information in a privileged and confidential manner.
- Consult with PDRMA’s legal counsel and your corporate counsel before giving any statement, interviewing staff/witnesses (beyond collecting basic witness name and contact information), requesting a written statement, preparing a written statement or any report — or forwarding substantive text messages, tweets or emails about the incident. Working with PDRMA is critical to protect your agency from a liability perspective.
- Employees have the First Amendment right to use social media outlets, but member agencies should recommend (not require) that employees consider not doing so until the investigation determines the facts of the incident and staff is in an emotional position to deal with the situation calmly and clearly.
Prepare a preliminary Accident/Incident Report using PDRMA’s Incident/Accident Report Form and not your agency’s internal incident/accident form. PDRMA’s standard claims reporting forms contain specific language and processes to establish and protect the confidentiality of the form via attorney-client privilege. Never release this report to third-parties without consulting with PDRMA first. If your agency completes PDRMA’s Incident/Accident Report Form and returns it to PDRMA for review by the legal/claims team, it is privileged and confidential from discovery in litigation and is exempt under FOIA [Section 7(1)(m) and 7(1)(s)]. |
Remember that even internal email and text discussions among agency staff (including communications/public relations managers and employees) may be subject to discovery and/or FOIA requests. That’s why PDRMA recommends staff limits written discussions and uses them only for basic administrative purposes.
It’s important for managers and staff to consider carefully what information and documents they share — and with whom. PDRMA’s best practice from a liability perspective is to have information about any critical incident come only from the designated communication contact at the agency who, in turn, consults with PDRMA and the agency’s corporate counsel.
Remember that once said, it is very difficult to retract or correct information. Local media, personal injury attorneys, and friends and family members of the person injured can find — and use — public social media communications to try to demonstrate liability via FOIA requests, subpoenas and/or discovery requests.
PDRMA addresses this type of communication throughout its training materials and resources, but the go-to document for guidance is LRN #1507 — Serious Incident — Legal Considerations for PDRMA Members.
With summer in full swing and pools and water parks packed with patrons nearly every day, the possibility of a critical incident is at its highest for PDRMA members with aquatic facilities. “Lifeguards and other staff often have their cell phones handy, so be sure they understand your agency’s guidelines for communication after a critical incident,” says Hohenstein.
Being in a rush to share information can also distract staff from continuing to identify additional safety issues in the crucial moments following a critical incident. “Remind them that recording, posting or sending information in social media can have liability and public relations ramifications,” he adds. “We all have the right to free speech; we just want members and staff to understand the effects of these communications.” |
